Ordinance 1284: An Ordinance amending the Standards for Critical Areas ORDINANCE 1284
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS, AMENDING )
THE STANDARDS FOR CRITICAL AREAS, THROUGH THE ) ORD 1284
DELETION OF LEWIS COUNTY CODE CHAPTER 17.35A )
AND THE ADDITION OF A NEW CHAPTER 17.38, AND )
CONSOLIDATING THE VARIOUS DEFINITIONS WITHIN )
THE LEWIS COUNTY CODE INTO CHAPTER 17.10. )
WHEREAS, Lewis County currently contains two separate Critical Areas Ordinances: LCC 17.35, related
to agriculture, and LCC 17.35A, for all other development, and these ordinances were last amended in
2000 and 2008 respectively; and
WHEREAS, under the Growth Management Act, "each county and city shall adopt development
regulations that protect critical areas..." (RCW 36.70A.060(2))and these regulations are required to be
reviewed periodically (typically over a period from 8 to 10 years)to ensure continued consistency with the
Act (RCW 36.70A.130); and
WHEREAS, Lewis County's periodic review of the ordinances was due on June 30, 2017; and
WHEREAS,when considering the requirements for critical areas, "counties and cities shall include the
best available science in developing policies and development regulations to protect the functions and
values of critical areas. In addition, counties and cities shall give special consideration to conservation or
protection measures necessary to preserve or enhance anadromous fisheries" (RCW 36.70A.172); and
WHEREAS, on February 28, 2017, the Lewis County Planning Commission commenced their review of
the Critical Areas Ordinance; and
WHEREAS, the Planning Commission continued their review of the document throughout the remainder
of 2017 and the beginning of 2018; and
WHEREAS, over the course of the Planning Commission review, Lewis County Community Development
staff consulted with agencies such as the Washington Department of Natural Resources, Washington
Department of Fish and Wildlife, Washington Department of Ecology, and Washington Department of
Health to ensure that Best Available Science was effectively considered in the development of the
standards; and
Ordinance Version I June 8, 2018—Page 1
WHEREAS, Lewis County Community Development staff sent a draft of the proposed changes to the
Washington State Department of Commerce for 60-day review, in accordance with RCW 36.70A.106, on
January 17, 2018; and
WHEREAS,the Lewis County Planning Commission held a duly-noticed public hearing on the proposed
Critical Areas Ordinance on March 27, 2017; and
WHEREAS, following the public hearing, the Planning Commission deliberated the measures and
determined that the proposed amendments to the Lewis County Code reflected the needs of area
residents, met the intent and requirements of the Growth Management Act, and were in accordance with
the public interest; and
WHEREAS,the Lewis County Community Development Department issued a SEPA Determination of
Nonsignificance on April 24, 2018, and one comment was received on the determination, though the
comment was not received within the SEPA comment period; and
WHEREAS, on June 11, the Lewis County Board of County Commissioners held a public hearing on the
proposed Critical Areas Ordinance and agreed that the proposed code changes reflected the needs of
area residents, met the intent and requirements of the Growth Management Act, and were in accordance
with the public interest.
NOW THEREFORE BE IT RESOLVED that the Lewis County Board of County Commissioners do hereby
amend portions of Titles 17 of the Lewis County Code as follows:
SECTION 1: Chapter 17.10 is amended as follows:
Chapter 17.10
DEFINITIONS
17.10.001 Generally.
Certain terms and words used in this ordinance are defined as follows:
1_Words used in the present tense include the future; words in the singular number include the plural
number, and words in the plural number include the singular number; the word "building" includes the
word "structure" and the word "shall" is mandatory and not directory. [Ord. 1170B, 2000]
2. Words defined within the Growth Management Act shall have the meanings in RCW 36.70A.030, as
hereafter amended, unless otherwise noted.
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3. Words defined in WAC 365-190-030 shall have the meanings in that section, as hereafter amended,
unless otherwise noted.
1s-substant _a• _ • _ . . • - •- .. . - - - •- - • • - . •- - • - •-1 accoc•
between units. [Ord. 11708, 20001
17.10.005 Accessory building.
"Accessory building" means a detached subordinate building in which an accessory use is located. [Ord.
1170B, 2000]
17.10.007 Accessory use.
"Accessory use" means a subordinate use which is customarily associated with or related to the primary
uses of the premises, and which does not alter or change the character of the premises. [Ord. 1170B,
2000]
17.10.009 Administrator.
Administrator" means the director of the community development department or his/her designee. [Ord.
1170B, 2000]
17.10.01003 Agricultural activities, right to farm.
"Agricultural activities,"for the purposes of the LCC 17.40—Right to Farm, mean a conditions or activities
which occur on a farm in connection with the commercial production of farm and timber products and
include, but are not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust;
fumes; smoke; operation of machinery and pumps; movement, including but not limited to use of current
county roads and ditches, streams, rivers, canals, and drains, and use of water for agricultural activities;
ground and aerial application of seed, fertilizers, conditioners and plant protection products; employment
and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife;
prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains,
waterways and similar features; maintenance of stream banks and watercourses; and conversion from
one agricultural activity to another.
17.10.01005 Agricultural activities, existing ongoing.
"Agricultural activities, existing ongoing" means those activities conducted on lands defined in
RCW 84.34.020(2), and those activities involved in the production of crops and/or raising or keeping
livestock. Agricultural activities include associated activities, including the operation and maintenance of
farm and stock ponds, drainage ditches, operation and maintenance of ditches, irrigation systems
including irrigation laterals, canals, or irrigation drainage ditches, and normal operation, maintenance, and
repair of existing serviceable agricultural structures, facilities or improved areas, and the practice of
aquaculture. Agricultural activities include, but are not limited to, growing mint, bulb farming, haying,
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growing blueberries, hybrid poplars, Christmas trees, and other nursery and horticultural activities which
may involve any rotation, not otherwise classified as a forest practice. To assure preservation of
agricultural land, the ability to switch from one crop or activity to another to meet market forces is
essential and shall be considered "existing and ongoing agricultural" use when such conversions occur.
Further, land devoted to agricultural purposes shall be considered existing and on-going even if in-
between crop activities are limited to haying or grazing. Land shall cease to be existing and ongoing
agriculture if: (1)platted or otherwise developed for nonagricultural purposes; (2)converted to
nonagricultural use; or(3)the land has lain idle for a period of longer than five years, unless the idle
land is registered in a federal or state soils conversation program.
Forest practices not regulated under Chapter 76.90 RCW and WAC Title 222 are not included in this
definition. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 $2, 19961
17.10.011 Agriculture.
"Agriculture" means the use of land for horticulture, floriculture, viticulture, dairy, apiary, vegetable or
animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW . x.33 100 through 34.33.140,finfish in upland hatcheries, or livestock, and the
necessary accessory uses for packing, treating, or storing the product; provided, however, that the
operation of any such accessory uses shall be secondary to that of normal agricultural activities. The
retention of idle land that is registered in a federal or state soils conversation program and the activities
identified in LCC 17.35. 075 are also considered agriculture. Forest practices are not included in the
definition. A- _. . _ -_ __ ' - _ • _ - _ .__. e _.For the purposes of agricultural
uses regulated under the Voluntary Stewardship Program and the Shoreline Master Program, the
definitions in RCW 90.58.065 shall apply instead of this definition. [Ord. 1170B, 2000]
17.10.013 Aircraft landing area.
"Aircraft landing area" means any locality, either on land, water, or structures including airports/heliports
and intermediate landing fields, which is used, or intended to be used, for the landing and/or takeoff of
aircraft. [Ord. 1170B, 2000]
17.10.014 Airport.
"Airport,"for the purpose of Chapter 17.80 —Airport Obstruction Zoning, means the Packwood Airport, Ed
Carlson Memorial Airport, or Chehalis-Centralia Airport.
17.10.01402 Airport elevation.
"Airport elevation,"for the purpose of Chapter 17.80 —Airport Obstruction Zoning, means the highest
point of an airport's usable landing area measured in feet from sea level.
(a) For the Packwood Airport, this elevation is 1,053 feet above mean sea level.
(b) For the Ed Carlson Memorial Field Airport, this elevation is 375 feet above mean sea level.
(c) For the Chehalis-Centralia Airport, this elevation is 174 feet above mean sea level.
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17.10.01404 Alteration.
"Alteration," as it relates to Chapter 17.38—Critical Areas, means a human-induced action which
materially affects a regulated critical area, such as a physical change to the existing condition of land or
improvements containing, but not limited to, construction, clearing, filling, and grading. [Ord. 1204 Exh. A
§ 2, 20081
17.10.01406 Animal unit.
"Animal unit" means 1,000 pounds of live weight. [Ord. 1269 §14, 2016; Ord. 1197§2, 20071
17.10.01408 Approach surface.
"Approach surface,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a surface
longitudinally centered on the extended runway centerline, extending outward and upward from the end of
the primary surface and at the same slope as the approach zone height limitation slope set forth in
LCC 17.80.040. The perimeter of the approach surface coincides with the perimeter of the approach
zone.
17.10.01410 Approach transitional, horizontal and conical zones.
"Approach, transitional, horizontal. and conical zones"for the purpose of Chapter 17.80—Airport
Obstruction Zoning, are set forth in LCC 17.80.035.
17.10.015 Approval authority.
"Approval authority" means the county agency or position charged with making a final decision on a
permit. The approval authority may include, among others, the director of the community development
department or his/her designee, the county hearings examiner, and all other officials charged with issuing
discretionary permits in accordance with the terms of this title. [Ord. 11708, 2000]
17.10.016 Auctioneering.
"Auctioneering activity"shall means the business of conducting auctions by an "auction company," as
defined in RCW 18.11.050, e _. '-- - _ -_ __ . • . [Ord. 1210 §1 (Exh. 1, Att. C), 2009]
17.10.017 Average grade level.
"Average grade level" means the average of the natural or existing grade on that part of the lot to be
occupied by the building or structure measured by averaging the grade levels at the extreme points or
corners of the building or structure. [Ord. 1170B, 2000]
_-
-" - - - •- - , _ , -- , , --- , - •- . - . • als, as-wehkas
-- •- - --- , et-- - , - - •• - . . - e• _ . e c, O_ elf
17.10.021 Bed and breakfast establishment.
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"Bed and breakfast establishment" means any privately-owned dwelling in which, for compensation, one
or more persons, either individually or as families, are housed or lodged for periods of less than one
month as transients with limited food service. [Ord. 1170B, 2000]
17.10.023 Bed and breakfast inn.
"Bed and breakfast inn" means a bed and breakfast establishment offering three or more sleeping units.
[Ord. 1170B, 2000]
17.10.024 Best management practices.
"Best management practices" means conservation practices or system of practices and management
measures that:
11) Maximize the economic return;
(2) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and
sediment;
(3) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the
chemical, physical, and biological characteristics; and
(4) Take into account site-specific conditions, including, but not limited to, soil, climate, topography,
operator's skills and abilities, and owner and/or operator's goals. fOrd. 1269 §14, 2016; Ord. 1197 §2,
2007; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1151 § 2, 19961
17.10.02403 Best management practices, right to farm.
"Best management practices" or"generally accepted agricultural and management practices,"for the
purpose of Chapter 17.40 —Right to Farm, means sound, economically feasible farming techniques and
practices as defined and/or recommended by the American Society of Agronomy, United States
Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service,
and other professional or industrial agricultural organizations.
17.10.02405 Biosolids.
"Biosolids" means municipal sewage sludge or septaqe that is a primarily organic, semisolid product
resulting from the wastewater treatment process, that can be beneficially recycled and meets all the
requirements of 40 CFR Part 503, Subpart A(which establishes "standards and general requirements,
pollutant limits, management practices, and operational standards for the final use or disposal of sewage
sludge generated during the treatment of domestic sewage in treatment works"). Sewage sludge or
septage, which does not meet all the requirements of Part 503, cannot be referred to as biosolids. fOrd.
1269§14, 2016; Ord. 1197§2, 2007; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1151 § 2, 19961
17.10.025 Buffer—Geologically hazardous area.
For the purpose of the geologically hazardous area section, a "buffer" is an area established to protect the
integrity or functions and values of a geologically hazardous area from potential adverse impacts. For
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purposes of geologically hazardous areas, a "buffer" means an undisturbed area preserved to provide an
assurance that activities that subject people or property to risk will be located out of the area of influence
of landslides or similar geological hazards and for the protection of native vegetation to provide slope
stability and reduce the risk of erosion
17.10.026 Buffer—Stream,wetland and habitat critical areas.
For purposes of the wetland, stream, and habitat critical area sections, a "buffer" means an undisturbed
area of native vegetation that is contiguous to and provides an area for related ecological functions to
take place including. but not limited to, the continued maintenance, functioning, and/or structural stability
of the wetland, stream, and habitat and/or separates and protects the ecological functions from adverse
impacts associated with nearby land uses and shall reflect the sensitivity of the resource and the type and
intensity of human activity. fOrd. 1204 Exh. A$2, 2008]
17.10.027 Building.
"Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or
property of any kind. [Ord. 1170B, 2000]
17.10.029 Building height.
"Building height" means the vertical distance measured from the average elevation of the area occupied
by the structure to the highest point of the structuremeons the vertical distance above a reference datum
measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
either of the following, whichever yields a greater height of building:
of the exterior wall of the building when such a sidewalk or ground surface is not more that 10 feet above
lowest grade.
paragraph (1)above is more than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building. Mobile
homes shall also meet these b - • -- - - -- _ .
Exceptions: . Provided that Ttowers, spires, steeples, and cupolas erected as part of a building and not
used for habitation or storage may exceed the maximum building height in any zoning district by 20 feet;
a - - - -'e- e- - - - -- ' ' - --- - - - - - -- - . °' -- [Ord. 1170B,
2000]
which the lot fronts, and which intersects the two side lot lines at angles as close as possible to 00
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2900]
17.10.033 Campground.
"Campground" means any parcel or adjacent parcels of land in the same ownership, either public or
private, which provides sanitary facilities and spaces for pitching tents for short-term occupancy of a
transient, recreational nature. A private camping club is included within this definition. Those campground
facilities, which that provide occupancy continuously for 30 or more days shall be governed by the
regulations in during the period addre°sed in Chs. LCC 15.25 and&LCC 15.30 6S�sh 'a lsewe
governed by the provisions of those regulations.-[Ord. 1170B, 2000]
17.10.035 Cemetery.
"Cemetery" means a place used and dedicated for burial of deceased humans with one or a combination
of the following elements: (1) burial plot or plots for earth interments; (2) mausoleum for crypt interments;
(3) columbarium for permanent cinerary interments. [Ord. 1170B, 2000]
17.10.036 Channel migration zone (CMZ).
"Channel migration zone" means the area along a river or stream within which the channel can
reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses
that area of lateral stream channel movement that can be identified by credible scientific information that
is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as
adjacent areas that are susceptible to channel erosion. For the purpose of this code. linear facilities
parallel to the direction of flow, including roads and railroads and flood control levees permanently
maintained by a public agency, may be considered to form the boundary of a channel migration zone.
fOrd. 1204 Exh. A§2, 20081
"Church" means a structure or group of structures devoted to spiritual or moral teachings. Associated
activities include personal social services to the community. [Ord. 1170B, 20001
17.10.038 Classification.
"Classification," as it relates to Chapter 17.38— Critical Areas, means defining the value and hazard
categories to which critical areas will be assigned. fOrd. 1204 Exh. A§ 2, 20081
17.10.039 Clearing.
"Clearing" means destruction of vegetation by manual, mechanical, or chemical methods resulting in
exposed soils. [Ord. 1170B, 2000]
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clearing activity will be considered to be complete once the site has been revegetated and stabilized.
f cd: 1170B, 2000]
17.10.043 Closed record appeal.
"Closed record appeal" means an administrative appeal on the record to Lewis County, as defined under
LCC 2 25.01C(3). [Ord. 1170B, 2000]
17.10.045 Clustering.
"Clustering" means the placement of dwellings and accessory buildings in a pattern of development,
which reduces impervious surface area, lowers cost of development and maintenance, and retains larger
expanses of property available for agriculture, forestry, or continuity of ecological functions. [Ord. 1269
§14, 2016; Ord. 1197 §2, 2007; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1151 § 2, 19961
17.10.047 Commercial.
"Commercial" activities are primarily e-fora business or retail purpose, including but not limited to selling,
offering for sale, displaying, distributing, or providing of goods, merchandise, or services as well as any
advertising, promotion, or conveying of information or materials related to such goods, merchandise, or
services, together with associated transport, storage, assembly, and repair. [Ord. 1170B, 2000]
17.10.049 Community center.
"Community center" means land and/or building(s) owned by a public agency or private non-profit entity
used for social, civic, educational, or recreational purposes, which mainly serves mainly the community
where it is located; including but not limited to community halls and centers, grange halls, senior citizen
centers, teen centers, youth clubs, field houses, and churches. The facilities are available for occasional
public meetings. They may also have the minimal kitchen facilities required for occasional banquets.
Private clubs as defined in this ordinance are not included. [Ord. 1170B, 2000]
17.10.050 Compensatory mitigation project.
"Compensatory mitigation project," as it relates to Chapter 17.38—Critical Areas, means actions
necessary to replace project-induced critical area and associated buffer losses and includes, but is not
limited to land acquisition, planning, construction plans, monitoring, and contingency actions. [Ord. 1204
Exh. A§ 2, 20081
17.10.051 Confined animal feeding operations.
"Confined animal feeding operation" means a lot or facility(other than an aquatic facility)where more than
300 animal units are confined and fed or maintained for a period of 45 days or more in any 12-month
period, and in which crops, vegetation, forage growth or post-harvest residues are not sustained in the
normal growing season. [Ord. 1269 §14, 2016; Ord. 1197 §2, 20071
17.10.052 Conical surface.
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"Conical surface,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a surface
extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a
horizontal distance of 4,000 feet.
17.10.053 Consistent or consistency.
"Consistent or consistency" means a project's danceconformance with the county's
development regulations or in the absence of applicable development regulations, the appropriate
elements of the county comprehensive plan or subarea plans adopted under Chapter 36.70A ROW,
e. •_ •••• -e . ._ _ _ _ •_ ..e• _ ••• [Ord. 1170B, 2000]
17.10.055 Convenience grocery or fuels-retail--shop.
"Convenience retail shopgrocery or fuels" means a food store designed and intended to serve the daily or
frequent needs of nearby residents or visitors -- - _ - - ._e_ _ - • • _ _ •- - • • ••• e•- ••• _
the-shop. The food store may sell nonfood items such as household supplies, gas, spharmaceuticals,
and items for personal hygiene. [Ord. 1170B, 2000]
. . - . _ •
approved by the county prior to submittal to the Department of Natural Resources, indicating the limits of
harvest areas, road locations, crit - - . ..•- , - -- - e- . -- - . .- - - •- -•** •- -
the opportunity to log under a DNR Class II, Ill, or IV special permit without a county project permit while
moratorium on future development will not apply. [Ord. 1170B, 20001
17.10.058 Country inn.
A"Geoot y-country lr ninn" is a restaurant or restaurant/lounge facility designed to encourage a rural
dining experience-(such as Johnson Creek Winery or Alice's Restaurant), and which is dependent upon
a rural location for appropriate ambiance. [Ord. 1179, 2002]
17.10.059 County Commission.
County Commission" means the County Commission of Lewis County. [Ord. 1170B, 2000]
17.10.05903 Critical area functions.
"Critical area functions" means the physical, chemical, biological and geologic processes or attributes of a
critical area. For example,wetlands perform many valuable functions including: functions that improve
water quality,functions that change the water regime in a watershed such as flood storage, and functions
that provide habitat for plants and animals. [Ord. 1204 Exh. A§ 2, 20081
17.10.059025 Critical area values.
"Critical area values" means the critical area processes, characteristics or attributes that are valuable or
beneficial to society. [Ord. 1204 Exh. A§ 2, 20081
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17.10.05908 Critical facilities.
"Critical facilities,"as they relate to Chapter 17.38–Critical Areas, include, but are not limited to, schools;
hospitals; police, fire, and emergency response installations; nursing homes; public and private facilities,
including water wells, storage tanks, wastewater treatment facilities, power distribution facilities; and
installations which produce, use, or store hazardous materials or hazardous waste. [Ord. 1204 Exh. A
2, 2008j
17.10.05910 Cumulative impacts or effects.
"Cumulative impacts or effects means the combined, incremental effects of human activity on ecological
or critical area functions and values. Cumulative impacts result when the effects of an action are added to
or interact with the effects of other actions in a particular place and within a particular time. It is the
combination of these effects, and any resulting environmental degradation, that should be the focus of
cumulative impact analysis and changes to policies and permitting decisions.
17.10.060 Culturally or historically important lands or structures.
"Culturally or historically important lands or structures" means lands or structures on a recognized historic
preservation list approved by state, federal, or city authorities. [Ord. 11708, 2000]
17.10.06003 Dangerous wastes.
"Dangerous wastes" means those wastes designated in WAC 173-303-070 through 173-303-120 as
dangerous or extremely hazardous or mixed waste. The words"dangerous waste" refer to the full
universe of wastes regulated by Chapter 173-303 and are used interchangeably with "hazardous waste."
[Ord. 1204 Exh. A§2, 20081
17.10.06005 Debris flow.
"Debris flow" means a rapidly down-slope-moving mass of a viscous water-saturated mixture of rock
fragments, soil, and mud, with more than half of the particles being larger than sand size. [Ord. 1204 Exh.
A§2, 20081
17.10.061 Density.
"Density,"when referring to residential development, means a ratio comparing the number of dwelling
units with land area, and is expressed as the number of residential dwelling units per acre of land in a
residential development. "Density'=means the total number of acres in a parcel divided by the number of
dwelling-nits located on the same parcel after development is complete. [Ord. 1170B, 2000]
17.10.063 Department.
"Department" means the Department of Community Development of Lewis County. [Ord. 1170B, 2000]
17.10.064 Department.
"Department,"for the purposes of Chapter 17.110 – State Environmental Policy Act, means any division,
subdivision, or organizational unit of the county established by ordinance, rule, or order.
17.10.065 Detached accessory dwelling unit.
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"Detached accessory dwelling unit" means a separate and complete dwelling unit not attached in any way
to the main or existing dwelling unit; designed for occupancy by a family. [Ord. 1170B, 2000]
17.10.066 Determination.
"Determination,"as it relates to Chapter 17.38—Critical Areas, means an action by an agency or
individual qualified in the science of identification and delineation of a critical area to identify, characterize,
and/or locate a critical area. [Ord. 1204 Exh. A§ 2, 20081
17.10.067 Developed land.
"Developed land" means the total land area of any lot of record which has a building, parking area, and/or
structure for a permitted or special use except the following uses: agriculture as defined above; the
growth, harvest, and management of timber; or mining. [Ord. 1170B, 2000]
17.10.069 Development.
"Development" means any activity that requires federal, state, or local approval for the use or modification
of land or its resource. These activities include, but are not limited to, subdivisions short subdivisions,
and large lot subdivisions; binding site plans; planned unit developments; variances; shoreline substantial
developments; clearing activitiesy; excavation and grading; embankment; activity conditionally allowed
activities; building or construction; revocable encroachment permits; and septic approval.
17.10.071 Development Standards.
"Development Standards" means a minimum requirement or maximum allowable limit on the effect or
characteristics of the use or activity for which a piece of land or its buildings is designed, arranged, or
intended, or for which it is occupied or maintained pursuant to this chapterthe Lewis County Code, and
Lewis County Ordinance No. 1169(Title 16 LCC Subdivisions)•- --- e - - - • e. '- -- e - -. -- - _ - - - - ' -
Lewis County Ordinance No. 1116/1116A(LCC 15.05 Building Codes)
Lewis County Ordinance No. 1043(LCC 15.15 Building Setback Regulations)
Lewis County Ordinance No. 1115(LCC 15.35 Flood Damage Prevention)
Lewis County Ordinance No. 1161 (LCC 15.15 Stormwator Management)
. -__ _ _ - ' e -. ' - . -'- e- _ e. - - - •• e- _ - _-wage Systems) [Ord.
1170B, 20001
Code-sestiens.
Ordinance Version' June 8, 2018—Page 12
_. _ . •!
{Ord. 1170B, 2000}
17.10.075 Dwelling unit.
"Dwelling unit" means a building, or portion of a building or modular manufactured housing unit that is
constructed or installed on a permanent foundation and designed for long-term human habitation, which
has facilities for cooking, eating, sleeping, sewage, and bathing for use by one family(including resident
domestic employees);,Tthe term does not include tents, campers, recreational vehicles, or travel trailers.
[Ord. 1170B, 2000]
17.10.071 Early notice.
"Early notice,"for the purposes of Chapter 17.110—State Environmental Policy Act, means the county's
response to an applicant stating whether it considers issuance of a determination of significance likely for
the applicant's proposal (mitigated determination of nonsignificance (DNS)procedures).
17.10.072 Economic viability.
"Economic viability," for the purposes of 17.30— Resource Lands, means profit (or return)can reasonably
be expected to be high enough to justify the investment. The prudent investor will not invest in resource
land activity unless there is a reasonable expectation of a competitive return on his investment. That is,
the owner will expect to get all his investment back, plus at least the cost of investment capital, plus a
management fee. [Ord. 1269 §14, 2016; Ord. 1197 §2, 2007; Ord. 1170B, 2000; Ord. 1157, 1998; Ord.
1151 §2, 1996]
17.10.074 Erosion control.
"Erosion control" means on-site and off-site control measures that control conveyance and/or deposition
of earth, turbidity or pollutants after development, construction, or restoration. [Ord. 1204 Exh. A§ 2,
2008]
17.10.076 Essential public facilities, local.
"Essential public facilities, local" means transportation, utility, and education facilities; special needs
facilities; solid waste facilities; port facilities administered by ports;juvenile detention facilities; community
jail and other facilities all administered by an agency or entity headquartered in Lewis County. Local
general aviation airports owned and/or operated by municipal authorities shall be an essential public
facility. [Ord. 1179B§ 2, 2003]
17.10.07603 Essential public facilities, major.
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"Essential public facilities, major" means those facilities which are not required to be located in Lewis
County, but which may be designated for Lewis County by the-an appropriate agency and which have the
potential for material local impact. Such facilities include, but are not limited to, state prisons and
correctional facilities administered by the Washington State Department of Corrections, regional or
international airports operated by authorities not located in Lewis County, and energy facilities proposed
by a utility not headquartered in Lewis County. [Ord. 1179B § 2, 2003]
17.10.077 Extraction, commercial.
"Commercial extraction" means extraction of sand or gravel or both from a site when the primary purpose
of extraction is to obtain the minerals for road construction, building construction, ready-mix, re-sale, or
other uses in which the minerals will be processed. [Ord. 1170B, 2000]
. . . .. .
"Noncommercial extraction"means extraction of sand or gravel or both from a site when it is incidental to
uniform management of agricultural land. [Ord. 1170B, 2000]
17.10.080 Extraordinary hardship.
"Extraordinary hardship,"as it relates to Chapter 17.38, means instances where the strict application of
the chapter and/or programs would cause or create severe financial loss, unreasonable safety risk, or
health harm to the party seeking the exception, waiver, or variance under this chapter. [Ord. 1204 Exh. A
2, 2008]
individual components. [Ord. 1170B, 2000]
17.10.083 Family.
"Family" means an individual; two or more persons related by blood or marriage; a group of two or more
disabled residents protected under the Federal Housing Act Amendments, who are not related by blood
or marriage, living together as a single housekeeping unit; a group of eight or fewer residents, who are
not related by blood or marriage, living together as a single housekeeping unit; or a group living
arrangement where six or fewer residents receive supportive services such as counseling, foster care, or
medical supervision at the dwelling unit by resident or non-resident staff. For purposes of this definition,
minors living with a parent shall not be counted as part of the maximum number of residents. [Ord.
1170B, 2000]
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tending to establish a legal residence or acquiring a legal settlement for any purpose upon the premises
co occupied. [Ord. 1170B, 20001
required to move from the property, due to health, requirements of a current employer, or involuntary
termination of current employment. (County shall require proof of notice of requirements forcing
. . el
"Family member"shall include only mother, father, sons, daughters, stepsons, stepdaughters, whether
--- , - - - -- . -- • -- -• - ._ -• - '- -- - - - t•-.•.-. ! ..
1179, 20021
17.10.084 Farm.
"Farm,"for the purpose of Chapter 17.40— Right to Farm, means the land. buildings, manure lagoons,
ponds, freshwater culturing and growing facilities, and machinery used in commercial production of farm
products.
17.10.085 Farm product.
"Farm product,"for the purpose of Chapter 17.40— Right to Farm, means those plants and animals (and
the products thereof) useful to human beings which are produced on farms and include, but are not
limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry
products, livestock including breeding, grazing and feed lots, fruits, vegetables, flowers, seeds, grasses,
nursery products, trees and forest products including Christmas trees and timber, freshwater fish and fish
products, rabbits, apiaries, equine and similar products, or any other product which incorporates the use
of food, feed, fiber or fur.
17.10.086 Farmland.
"Farmland,"for the purpose of Chapter 17.40— Right to Farm, means land or freshwater ponds devoted
primarily to the production, for commercial purposes, of livestock, freshwater aquaculture or other
agricultural commodities.
17.10.088 Flood—Flooding.
"Flood" or"flooding" means a general or temporary condition of partial or complete inundation of normal
dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of
surface waters from any source. [Ord. 1204 Exh. A$2, 20081
17.10.089 Flood — 100-year flood/Base flood.
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"100-year flood" or"base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year. For purposes of this chapter, Lewis County adopts the Federal Emergency
Management Act(FEMA)flood hazard classifications.jOrd. 1204 Exh. A§2, 20081
17.10.091 Floor area of a nonresidential building.
"Floor area of a nonresidential building" (to be used in calculating parking requirements) means the floor
areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms,
storage spaces, display windows, and similar areas. [Ord. 1170B, 2000]
17.10.093 Floor area.
"Floor area" means the sum expressed in square footage of the gross horizontal area of the floor or floors
of the building, measured from the exterior faces of the exterior walls, including elevator shafts and
stairwells on each floor and areas having a ceiling height of seven feet or more, but excluding roofed
areas open on two or more sides, areas having a ceiling height of less than seven feet and areas used
exclusively for storage or housing of mechanical or central heating equipment. [Ord. 1170B, 2000]
. .
"Floor area ratio(FAR)"means the square footage of the building divided by the square footage of the
area of the site the building is to be located on. [Ord. 1170B, 2000]
17.10.097 Forest industries.
"Forest industries" means the growth, harvest, and management of timber, associated forest practices
and the manufacture of wood products. [Ord. 1170B, 2000]
17.10.099 Forest practice.
"Forest practice" means any activity conducted on or directly pertaining to forest land and related to
growing, harvesting, or processing timber as defined in Chapter 2:711:- WAC,
including, but not limited to: (1)road and trail construction; (2)fertilization; (3) prevention and
suppression of diseases and insects; or other activities which qualify as a use or development subject to
the Forest Practices Act. [Ord. 1170B, 20001
17.10.101 Forest products.
°Forest products" means products obtained from stands of forest trees which have been either naturally
or artificially established. [Ord. 1170B, 2000]
property line is more than five feet from the building, between the building and a line five feet from the
building. [Ord. 1170B, 2000]
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17.10.105 Grocery store.
"Grocery store" means a place of business engaged in selling to the public items generally used in and
around homes including foods, drinks, medical aids, school supplies, papers, magazines and other
household items. [Ord. 1170B, 2000]
17.10.107 Gross density.
Gross density" means the number of dwelling units per unit of area. Gross density shall be computed
based on the total area of the parcel of record,and shame the afe_ _ .. _ - _ ___ . . .
e..- -• _ e e - - - shall he excluded for
parent parcels of less than five acres. [Ord. 1170B, 2000]
17.10.10703 Ground water.
"Ground water" as used within this code means the definition in RCW 90.44.035, as hereafter amended.
17.10.108 Group home.
A" rou home" is a residential care facility which requires licensing under the laws of the State of
Washington. In this Title, the term Group Home includes all types of licensed residential care facilities.
[Ord. 1179, 2002]
17.10.10805 Hazard to air navigation.
"Hazard to air navigation,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means an
obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the
navigable airspace.
17.10.10808 Hazard tree.
"Hazard tree" means any tree that is susceptible to imminent fall due to its condition (damaged, diseased,
or dead)or other factors, and which because of its location is at risk of causing personal injury or
damaging a property's permanent physical improvements. [Ord. 1204 Exh. A§2, 20081
17.10.10810 Hazardous substances.
"Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or
biological properties described in WAC 173-303-090 or 173-303-100. {Ord. 1204 Exh. A§ 2, 2008]
17.10.109 Hazardous waste.
"Hazardous waste" means and includes all dangerous and extremely hazardous waste as defined by
RCW and by Chapters 8.15 , 8.25-rand 8.45 LCC. Treatment of hazardous waste
means, in addition to the meanings in Chapters 8.15, 8.20, 8.25&-and LCC, the physical, chemical,
or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer
for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in
volume. [Ord. 1170B, 2000]
17.10.111 Hazardous waste treatment and storage facilities.
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"Hazardous waste treatment and storage facilities" means facilities that require an interim or final status
permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 1 73-3u WAC,
and permitting under Chapters 8.15, ._ 8.25&and LCC. This does not include hazardous waste
incineration and land disposal facilities which that are state preempted. [Ord. 1170B, 2000]
17.10.113 Hearing examiner.
"Hearing examiner" means the hearing examiner of Lewis County. [Ord. 1170B, 2000]
17.10.114 Height.
"Height,"for the purpose of determining the height limits in all zones set forth in Chapter 17.80—Airport
Obstruction Zoning and shown on the approach and clear zone map, shall be mean sea level elevation
unless otherwise specified.
17.10.115 Home based industry.
"Home based industry" means small industrial, commercial, manufacturing, or service operations on land
which is accessory to the operator's residential use. A home based industry is limited in size and scale,
but may involve new structures and activity outside the residence. Such uses may retain the uses existing
at the date of the adoption of this chapter or new facilities or activities consistent with this title. S e-44n,;4s
in LCC 17.115.030(11). [Ord. 1170B, 2000]
17.10.117 Home occupation.
"Home occupation" means an activity conducted in a dwelling unit, in trade or commerce, which is a home
occupation and involves no external development or activity which evidences the commercial use, other
than parking, or outdoor recreational use for day care centers with less than 10 children. [Ord. 1170B,
2000]
17.10.118 Horizontal surface.
"Horizontal surface,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a horizontal
plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the
perimeter of the horizontal zone.
(a) For the Packwood Airport, this horizontal plane is 1,203 feet above mean sea level.
(b) For the Ed Carlson Memorial Field Airport, this horizontal plane is 525 feet above mean sea
level.
(c) For the Chehalis-Centralia Airport, this plane is 324 feet above mean sea level.
17.10.119 Hotel.
"Hotel" or"motel"-means a group of attached or detached buildings for the temporary use by tourists and
transients, which contain individual sleeping units, with or without cooking or kitchen facilities, with at least
one parking space for each unit that is located on the same premises. The term includes auto courts,
tourist courts, motor lodges, and resort cabins. [Ord. 1170B, 2000]means any building containing six or
Ordinance Version June 8, 2018—Page 18
more rooms intended or designed to be used, rented or hired out, or to be occupied for sleeping purposes
only by transients. [Ord. 1170B, 20001
17.10.120 Hydric soil.
"Hydric soil" means a soil that is saturated,flooded. or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of a hydric soil shall be determined
following the methods described in the approved federal wetland delineation manual and applicable
regional supplements. fOrd. 1204 Exh. A§ 2, 20081
17.10.12003 Impervious surface.
"Impervious surface" means a hard surface area that either prevents or retards the entry of water into the
soil mantle as under natural conditions prior to development or that causes water to run off the surface in
greater quantities or at an increased rate of flow compared to natural conditions prior to development.
Common impervious surfaces may include, but are not limited to, rooftops, walkways, patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and
oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. fOrd. 1204
Exh. A§ 2, 20081
17.10.121 Industrial.
"Industrial" means activities pertaining to the creation, fabrication, alteration, combination, manufacture, or
assembly of products for sale at wholesale or retail, and includes storage, transportation, and sales
associated with the process or products. [Ord. 1170B, 2000]
17.10.12103 Infiltration.
"Infiltration" means the downward entry of water into the immediate surface of soil. [Ord. 1204 Exh. A § 2,
20081
17.10.12105 In-kind compensation.
"In-kind compensation" means to replace critical areas with substitute areas whose characteristics and
functions mirror those destroyed or degraded by a regulated activity. fOrd. 1204 Exh. A§2, 2008]
17.10.12108 Isolated wetland.
"Isolated wetland" means a wetland that is hydrologically isolated from other aquatic resources, as
determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform
important functions and are protected by state law(RCW 90.48)whether or not they are protected by
federal law.
17.10.122 Junk.
"Junk" means old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags,
fibers, or fabrics; old rubber; old bottles or other glass; bones; waste paper, plastic and other waste or
discarded material which might be prepared to be used again in some form; any or all of the foregoing;
and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk"
shall not include materials or objects accumulated by a person as by-products, waste or scraps from the
Ordinance Version I June 8, 2018— Page 19
operation of his/her own business or materials or objects held and used by a manufacturer as an integral
part of his/her own manufacturing processes. [Ord. 1170B, 2000]
17.10.124 Larger than utility runway.
"Larger than utility runway,"for the purpose of Chapter 17.80 —Airport Obstruction Zoning, means a
runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500
pounds maximum gross weight and iet-powered aircraft. This definition shall only apply to the Chehalis-
Centralia Airport.
"Launch ramp" m ans an inclined slab, set of pads, or planks, or graded slope used for launching boats
with trailers, or occasionally by hand; extensive parking and turn around areas are usually required. [Ord.
11708, 2000
17.10.125 Loading space, off-street.
"Off-street loading space" means space logically and conveniently located for bulk pickups and deliveries,
scaled to delivery trucks, expected to be used and accessible to such vehicles when required off-street
parking spaces are filled. Required off-street loading spaces are not to be included as off-street parking
space in computation of required off-street parking space. All off-street loading spaces shall be located
totally outside of any street or alley right-of-way. [Ord. 1170B, 2000]
Repealed. [1179M§1, 20071
17.10.127 Lot clustering.
"Lot clustering" means a method of aggregating permitted densities on smaller tracts or area within a
larger defined area for the purpose of creating economical building lots with spatially efficient sizes,
reducing development cost, increasing energy efficiency and reserving areas of land that are suitable for
agricultural, forestry, open space, or other future-approved development purposes. [Ord. 1170B, 2000]
17.10.129 Lot coverage.
"Lot coverage" means the percent of a lot or parcel which is, or will be, covered by all-structures-Iocated
her-es14.Coverage is determined by measuring areas covered by a weather tight roof. [Ord. 1170B, 2000]
17.10.131 Manufacturing.
"Manufacturing" means establishments engaged in the mechanical or chemical transformation of
materials or substances into new products including the assembling of component parts, the
manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or
liquors. [Ord. 1170B, 2000]
17.10.132 Mitigation.
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"Mitigation" means actions taken to replace, compensate for, or enhance critical area functions impacted
by a land use development permitted under this chapter. Mitigation may include individual actions or a
combination of actions that follow mitigation sequencing in 17.38.080(2)and generally fall into the
following categories: protection/maintenance, enhancement, restoration, or creation.
17.10.13203 Mitigation—Creation (establishment).
"Creation," as it relates to Chapter 17.38— Critical Areas, means the manipulation of the physical,
chemical, or biological characteristics of a site where the resource did not previously exist. Establishment
results in a gain in area. For example, activities related to wetlands typically involve excavation of upland
soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of
hydrophytic plant species. [Ord. 1204 Exh. A§ 2, 20081
17.10.13205 Mitigation— Enhancement.
"Enhancement," as it relates to Chapter 17.38— Critical Areas, is the manipulation of the physical,
chemical, or biological characteristics of a site to heighten, intensify, or improve specific ecologic
function(s)or to change the growth stage or composition of the vegetation present. Enhancement projects
result in a change in some ecological functions and can lead to a decline in other ecological functions, but
do not result in a gain in overall area. Enhancement activities related to wetlands typically consist of
planting vegetation, controlling nonnative or invasive species, modifying a site to influence hydroperiods,
or some combination of these activities. [Ord. 1204 Exh. A§ 2, 20081
17.10.13208 Mitigation—Protection/Maintenance (Preservation).
"Protection/maintenance," as it relates to Chapter 17.38— Critical Areas, means removing a threat to, or
preventing the decline of critical area conditions by an action in or near the area. This includes the
purchase of land or easements, or, in the case of wetlands, projects to repair water control structures or
fences. Preservation does not result in a gain of critical area acreage.
17.10.13210 Mitigation — Restoration.
"Restoration,"as it relates to Chapter 17.38—Critical Areas, means the manipulation of the physical,
chemical, or biological characteristics of a site with the goal of returning the area to its natural or historical
functions. For the purpose of tracking net gains in critical areas acreage, restoration is divided into re-
establishment and rehabilitation.
• Re-establishment results in a gain in critical areas acres (and functions). Examples of re-
establishment activities that are related to wetlands include removing fill material, plugging
ditches, or breaking drain tiles, among others.
• Rehabilitation results in a gain in ecological function but does not result in a gain in critical area
acreage. Rehabilitation activities related to wetland mitigation may involve breaching a dike to
reconnect wetlands to a floodplain or other similar projects [Ord. 1204 Exh. A§ 2, 20081
17.10.133 Mobile home.
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"Mobile home" means a detached single-family dwelling unit as defined and regulated under
Chapter _c5 LCC. [Ord. 1170B, 2000]
17.10.134 Modular/manufactured home.
"Modular/manufactured home" means a structure constructed offsite and assembled onsite which
conforms to IBC requirements. [Ord. 1170B, 2000]
17.10.135 Mobile home park.
"Mobile home park" means any parcel or adjacent parcels of land as defined and regulated under
Chapter_:^. _;'l LCC. [Ord. 1170B, 2000]
without cooking or kitchen facilities,with at least one parking space for each unit to ted on the
premises, all for the temporary use by tourists and transients. This term includes auto courts, tourist
courts, motor lodges, and resort cabins. [Ord. 1170B, 20001
17.10.139 Multifamily development.
"Multifamily development" means two or more dwelling units on one lot of record whether or not attached.
[Ord. 1170B, 2000]
17.10.141 Multifamily dwelling.
"Multifamily dwelling" means a single building containing two or more attached residential units. [Ord.
1170B, 2000]
17.10.142 Native vegetation.
"Native vegetation" means plant species which are indigenous to the site in question. fOrd. 1204 Exh. A
2, 20081
17.10.143 Nonconforming structure.
"Nonconforming structure"means a building or structure, or portion thereof, which was lawfully erected
and maintained prior to the adoption of these regulations, but which does not conform to the regulations
of the zone in which it is located. [Ord. 1170B, 2000]
17.10.145 Nonconforming use.
"Nonconforming use" means a use of land which was lawfully established and maintained prior to the
adoption of these regulations, but which does not conform to the regulations of the zone in which it is
located. [Ord. 1170B, 2000]
17.10.14503 Nonconforming use, airport obstruction zoning.
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"Nonconforming use"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means any
preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of
the chapter or an amendment thereto.
17.10.146 Nonprecision instrument runway.
"Nonprecision instrument runway,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means
a runway having an existing instrument approach procedure utilizing air navigation facilities with only
horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument
approach procedure has been approved or planned. This definition shall only apply to the Chehalis-
Centralia Airport.
17.10.14603 Obstruction.
"Obstruction,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means any structure,
growth, or other object, including a mobile object, which exceeds a limiting height set forth in
LCC 17.80.040.
17.10.147 Open record appeal hearing.
"Open record appeal hearing" means a hearing defined under LCC 2.25.010(9). [Ord. 1170B, 2000]
17.10.149 Open record hearing.
"Open record hearing" means a hearing as defined under LCC 2.25.010(9). [Ord. 1170B, 2000]
17.10.150 Open space.
As used within this title, "oQpen space" shall have the same definition as in LCC 3.04.1;' . See
also"Open space land" defined at LCC 3.50.030(7). Under this title "Oepen space"should+s not-te be
confused with the"open space open space,""open space agricultural," or"open space timber"
designations,which are tax designations assigned by the County under LCC 3.50 and Title...._. RCW for
_ ._ - _ e. _. - , • _ • _ :•..'.! e _ . Such tax designations may be secured in
any zone under this title and may be granted, amended, or deleted as provided in the applicable tax code
and regulations. [Ord. 1170B, 2000]
17.10.15003 Ordinance.
"Ordinance,"for the purposes of Chapter 17.110—State Environmental Policy Act, means the ordinance,
resolution, or other procedure used by the county to adopt regulatory requirements.
17.10.151 Ordinary high water mark(OHWM).
"Ordinary high water mark(OHWM)"on all lakes and streams means that mark which is found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971, or as it may
naturally change thereafter; provided, that for:
Ordinance Version I June 8, 2018—Page 23
• Lakes, where the ordinary high water mark cannot be found, it shall be the line of mean high
water;
• Streams, where the ordinary high water mark cannot be found, it shall be the line of mean high
water. For braided streams, the ordinary high water mark is found on the banks forming the outer
limits of the depression within which the braiding occurs. -•-.• . • . . _ •-. . .
LCC 17.25.030(7). [Ord. 1170B, 2000]
17.10.153 Owner of record.
"Owner of record"for notice purposes means the person or entity listed on the public records of the Lewis
County Auditor for the tax parcel(s) or tax parcels in question as of the date of application. [Ord. 1170B,
2000]
17.10.154 Parcel.
For"parcel" see "contiguous land" definition at LCC 16.04.078. [Ord. 1170B, 2000]
17.10.155 Park.
"Park" means private or public areas of land - - -- -- - : , that are designated for active or
passive recreational uses. ThisThe areas may include buildings, includes athletic fields, and with
unen ed spectator seating facilities. [Ord. 1170B, 2000]
17.10.157 Parking space, off-street.
"Off-street parking space" means, for the purpose of this ordinance, an area that:
• Is located totally outside of any street, alley, or public right-of-way;
• Is adequately sized focto park+fig an automobiles with room for opening doors on both sides of
the vehicle; and, ly related access
• Is sited appropriately to offer sufficient maneuvering room and access to a public street or alley_
• , but shall be located totally outside of any street, alley, or public right of way. [Ord. 1170B, 2000]
conformance to the requirements of the International Building Codes, and shall extend below the frost line
or other method as accepted by the building official. [Ord. 11708, 20001
17.10.161 Permitted use.
"Permitted use" means a principal use of a site allowed as a matter of right in conformance withto
applicable zoning, building, and health codes, and not subject to special review or conditions under this
ordinance beyond those specifically set forth in zoning district regulations. [Ord. 1170B, 2000]
17.10.163 Person.
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"Person" means an individual, firm, copartnership, association, corporation, or other legal entity, including
any federal, state, or local municipal corporation, agency, or special purpose district. [Ord. 1170B, 2000]
17.10.165 Planning Commission.
"Planning Commission" means the Planning Commission of Lewis County. [Ord. 1170B, 2000]
17.10.166 Primary surface.
"Primary surface,"for the purpose of Chapter 17.80 —Airport Obstruction Zoning, means a surface
longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary
surface extends 200 feet beyond each end of that runway; for military runways or when the runway has
no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that
runway. The width of the primary surface is set forth in LCC 17.80.035. The elevation of any point on the
primary surface is the same as the elevation of the nearest point on the runway centerline.
17.10.167 Priority habitat and species database.
"Priority habitat and species database" means the database for the Washington Department of Fish and
Wildlife Priority Habitats and Species Program, which provides the following products:
(1) Lists of the Washington Department of Fish and Wildlife's most important habitats and species;
(2) Management recommendations for each priority habitat and species; and
(3) Maps showing the geographic location of priority habitats and species. [Ord. 1204 Exh. A§2, 20081
17.10.16703 Priority habitats.
"Priority habitats" means areas associated with a species listed as endangered, threatened or sensitive
by the Washington Department of Fish and Wildlife Priority Habitat and Species Program and which, if
altered, may reduce the likelihood that the species will maintain or increase its population over the long
term. [Ord. 1204 Exh. A§2, 20081
17.10.16705 Priority species.
"Priority species" means animal species listed by the Washington Department of Fish and Wildlife Priority
Habitats and Species Program that are of concern due to their low population and/or their sensitivity to
habitat manipulation. [Ord. 1204 Exh. A§ 2, 20081
b:
"Private club"means land and/or building that is privately owned and normally restricted from use by the
or similar activities. [Ord. 1170B, 2000}
17.10.169 Professional office.
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"Professional office" means a room or group of rooms used to conduct the business of a profession,
business, service, government, or other organization, but excluding those uses which are primarily retail,
or wholesale, or other than clerical in nature that have offices as part if-of their operation. [Ord. 1170B,
2000]
17.10.171 Prohibited use.
"Prohibited use" means a use that is not allowed to be constructed or developed; provided that existing
uses may be continued as provided in Chapter.17 5 LCC, Nonconforming Uses. [Ord. 1170B, 2000]
17.10.173 Project permit- Project permit application.
"Project permit" or"project permit application" means any land use or environmental permit or license
required from Lewis County for a project action, including but not limited to building permits, subdivisions,
binding site plans, planned unit developments, special use permits, shoreline substantial project permits,
variances, lot consolidations, site plan reviews, permits, or approvals required by critical area ordinances,
site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or
amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise
specifically included in this subsection. [Ord. 1170B, 2000]•_ - - e. et - _ _ _ . - - e- _ _ •• , ar ting-€re+ -the
County staff who are obligated to incorporate such input into a staff report addressing the project permit
close of the open record hearing. [Ord. 1170B, 20001
17.10.177 Public facilities.
"Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic
signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and
schools. [Ord. 1170B, 2000]
17.10.179 Public Meet:ingmeetinq.
"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to
obtain comments from the public or other agencies on a proposed project permit or legislative action prior
to the local government's decision. A public meeting may include, but is not limited to_, design review or
architectural control board meeting, a meeting of a special review district,-er a community council
meeting, or a scoping meeting forof a draft environmental impact statement. A public meeting does not
include an open record hearing. The proceedings ofat a public meeting may be recorded and a report or
recommendation may be included in the county's project permit application official file. [Ord. 1170B, 2000]
t
Ordinance Version I June 8, 2018— Page 26
designated for recreational uses. [Ord. 1170B, 2000]
17.10.183 Public recreation.
"Public recreation" means those recreation facilities developed and maintained by any department or
branch of the federal, state or local government, or special purpose district,created for the purpose of
, _ ._ . ' ' - - _- and used for public recreational purposes. [Ord.
1170B, 2000]
17.10.185 Public services.
"Public services" include fire protection and suppression, law enforcement, public health, education,
recreation, environmental protection, and other governmental services. [Ord. 11708, 2000]
17.10.187 Public sewer.
"Public sewer" means, for land use planning purposes, a system intended to dispose of sewage that
meetsing the definition of LCC (36). [Ord. 1170B, 2000]
human consumption or other domestic uses, including source, treatment, storage, transmission, and
distribution facilities; where water is furnished to any community, collection or number of individuals, or is
made available to the public for human consumption or domestic use; and is managed by: a municipality
or special purpose district; or any classification of water system that is deemed appropriate by state or
of system in accordance with Chapters 216 290 to 216 295 WAC. [Ord. 1170B, 20001
17.10.188 Qualified critical area professional.
"Qualified critical area professional" means a person or a team of persons with experience, education,
and professional degrees and/or training pertaining to the critical area in question, and with experience in
performing delineations, analyzing critical area functions and values, analyzing critical area impacts, and
recommending critical area mitigation and restoration. The administrator may require professionals to
demonstrate the basis for qualifications and shall make final determination as to qualifications.
(1)A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a
closely related field and demonstrate professional experience in wetland identification, delineation, and
assessment in the Pacific Northwest. Qualified professionals preparing wetland mitigation plans must
have, in addition to the qualifications above, demonstrated professional experience in hydrology and
other disciplines essential to the success of mitigation plans. This expertise may be provided in a team of
qualified professionals each of which has expertise in relevant areas.
Ordinance Version I June 8, 2018—Page 27
(2)A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology,
fisheries, or closely related field and demonstrated professional experience related to the subject
species/habitat type.
(3)A qualified professional for geologically hazardous areas must be a professional geologist, a
professional engineering geologist or a professional geotechnical engineer, with specific education and
demonstrated professional competence related to geologic hazards. For mine hazard assessments, a
qualified professional must be a professional mining engineer, or other professional engineer with
demonstrated professional competence related to mine hazards. For foundation design for mine hazard
areas, a qualified professional must be a professional engineer with demonstrated professional
competence related to foundation design.
(4)A qualified professional for critical aquifer recharge areas means a Washington State licensed
hydrogeologist, geologist, or a professional engineer, with specific education and demonstrated
professional competence related to ground water hazards.
(5)A qualified professional for frequently flooded areas means a Washington State licensed engineer or
land surveyor(for documentation of lowest floor elevations, only), with specific education and
demonstrated professional competence related to flood hazard assessment and construction
requirements. (Ord. 1204 Exh. A§ 2, 20081
17.10.189 Qualified forester.
"Qualified forester" means a person with a bachelor of science degree in forestry or the equivalent in
post-secondary education and work experience in forestry. [Ord. 1269 §14, 2016; Ord. 1197 §2, 2007;
Ord. 1170B, 2000: Ord. 1157, 1998; Ord. 1151 §2, 1996. Formerly 17.30.2401
17.10.194 Religious use.
"Religious use" means a structure or group of structures devoted to spiritual or moral teachings.
Associated activities include personal social services to the community. [Ord. 1170B, 20001
17.''10.191 Recreation vehicle.`
"Recreational vehicle" mean - - - - - , z - -- - - - - • • - - - •- - -- - - --
highways by a motor vehicle, as regulated under Chapter 15.30 LCC. [Ord. 11708, 2000]
*Note: sec below
for seasonal recreational use for camping or recreational vehicles, but not for permanent housing. [Ord.
1170B, 20001
*Note: see below.
i
Ordinance Version June 8, 2018—Page 28
"Recreational vehicle park"means a parcel of land in which two or more sites are primarily for occupancy
vehicle park" shall include camping clubs as defined in RCW 19.105.010. [Ord. 1170B, 2000]
17.10.196 Recreation Areas.
"Recreation Areas"are those areas: (a)within 5 air miles of national park/national forest; (b)within 1 air
mile of Riffe Lake, Mayfield Lake, Mineral Lake, Carlysle Lake; (c)within one-half mile of the Cowlitz,
Chehalis, Tilton, Skookumchuck, and Newaukum Rivers, and Lincoln and Winston Creeks, and (d)all
State parks. [Ord. 1179, 2002]
17.10.197 Rc c tract
"Residential unit" means a single family dwelling unit intended for long term human habitation and
occupancy by a resident family. [Ord. 1170B, 2000]
17.10.201 Residen4
"Resident" means one who lives and usually works in the vicinity; not a visitor or transient. [Ord. 11708,
X989]
17.10.203 Resource uses.
"Resource uses" are all primary and accessory uses defined in the County's resource land ordinance, Ch.
LCC 17.30-1=SC. [Ord. 11708, 2000]
17.10.205 Restaurant.
"Restaurant" means an establishment where food and beverages are prepared and served for
consumption either on or off premises. T its The term shall include cafes, coffee houses, cabarets, and
dining rooms, but shall not include taverns. Restaurants may include cocktail lounge and facilities for
dancing and live entertainment of patrons; provided that these activities are clearly accessory to food
service; and provided further that these activities are not expressly prohibited in a specific zone. [Ord.
1170B, 2000]
17.10.207 Reclamation.
Ordinance Version June 8, 2018— Page 29
"Reclamation" means the process of reconverting disturbed lands to their former use or other compatible
uses. [Ord. 1170B, 2000]
17.10.208 Retirement and convalescent home.
"Retirement and cConvalescent Homes" is a residential arrangement where non-family members are
brought together in a home or residential care facility which does not require State licensing. (For facilities
requiring State licensing, see"Group Home.") [Ord. 1179, 2002]
17.10.209 Road.
"Road" means the entire width between the right-of-way lines of every way for vehicular traffic that has
been dedicated, platted, or granted as an easement for that purpose on public or private lands. The term
does not include an alley, drainage easement, or path, but is intended to include the primary right(s)of
way to which properties have vehicular access. [Ord. 1170B, 2000]
17.10.211 Rooming house.
"Rooming house" means any dwelling in which, for compensation, three or more persons, either
individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house,
tourist home or furnished room house shall be deemed rooming houses. A rooming house with six or
more sleeping units, occupied by transients, shall be deemed a hotel. [Ord. 1170B, 2000]
17.10.212 Runway.
"Runway,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a defined area on an
airport prepared for landing and takeoff of aircraft along its length.
17.10.21203 Rural governmental services.
"Rural governmental services" means those governmental services historically and typically delivered at
an intensity usually found in rural areas. A complete definition is provided within the Growth Management
Act(RCW 36.70A.030(17)) and the Lewis County Comprehensive Plan.
17.10.213 Seat.
"Seat" means, for purposes of determining the number of off-street parking spaces for certain uses, the
number of seats; or the number of seating units installed or indicated; or each 24 lineal inches of
benches, pews, or space for loose chairs. [Ord. 1170B, 2000]
17.10.21303 Sensitive, endangered, threatened species.
Lewis County adopts the state classifications as set forth in WAC 232-12-001, 232-12-011, and 232-12-
014. [Ord. 1204 Exh. A§ 2, 20081
17.10.23108 SEPA rules.
"SEPA rules,"for the purposes of Chapter 17.110—State Environmental Policy Act, means Chapter 197-
11 WAC adopted by the Department of Ecology as revised. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord.
1080-A§ 1, 1992; Ord. 1080 § 3(A), 19841
Ordinance Version June 8, 2018—Page 30
17.10.214 Setback.
"Setback" means a distance from a fixed boundary, property line, or right-of-way as set forth in LCC
Title 17. A front setback is measured to the street or point of access. A side setback is measured to an
abutting property on the same street or access. A rear setback is the side of the structure away from the
street or point of access, and is measured to the nearest property line. A structure may have two front
yards. [Ord. 1253, 2014; Ord. 1170B, 2000]
17.10.21403 Sewage sludge.
"Sewage sludge" means semisolid matter consisting of settled sewage solids combined with varying
amounts of water and dissolved material, remaining after the completion of wastewater treatment. fOrd.
1204 Exh. A 2, 2008]
17.10.215 Sign.
"Sign" means any placard, billboard, display, messages, design, letters, symbols, light figure, illustration,
set of pennants, or other devise intended to identify, inform, advertise, or attract attention to any private or
public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place.
Excluded from this definition are official traffic, directional, or warning devises; other official public notices;
signs required by law; or flag of government or other noncommercial institution. [Ord. 1170B, 2000]
17.10.216 Significant.
Significant" means a reasonable likelihood of more than a moderate impact. The determination of the
significance of the impact should consider the physical setting, the magnitude or duration of the impact,
along with its chance of occurring.
17.10.217 Single-family dwelling.
"Single-family dwelling" means a building designed or used for residence purposes by not more than one
(1)family, and containing one(1)dwelling unit only.
"Single family dwelling"means a residential unit permanently installed and served with utilities. [Ord.
1170B, 2000]
17.10.219 Site area.
"Site area" means the measured square footage of any lot, tract, or parcel of land or contiguous lots for
purposes of determining density. Site area shall include measurement to the center of public rights of
way-[Ord. 1170B, 2000]
17.10.221 Solid waste disposal facilities or sites.
"Solid waste disposal facilities or sites" means the location where any final treatment, unitization,
processing, or deposition of solid waste occurs in accordance with Chapters 8.15, ". ';_-,
&-and LCC. For the purposes of this ordinance, "interim solid waste handling sites" of the following
types are included: transfer stations, baling and compaction sites, source separation centers, and
treatment sites. Drop boxes which provide the general public with containers to collect materials to be
recycled and household hazardous waste collection stations for transfer elsewhere are excluded, but are
Ordinance Version' June 8, 2018—Page 31
defined as transitory solid waste facilities. For the purposes of this ordinance, three types of solid waste
disposal facilities or sites are defined:
(1) Demolition materials, inert materials, limited purpose landfills and wood waste landfills.
(2) Sewage sludge when a unitization permit is issued by the Lewis County Department of Public Health
and Social Services county-department-of-health in accordance with WAC 173-304-300, biosolids
application when siting approval is given by the- - -e..• e-e.•••-- e --. • Washington State
Department of Ecology in accordance with Chapter 173-308 WAC, and any application site for compost
which comes under Lewis County nvironmental health division regulation and has
received the appropriate permits.
(3)All other solid waste disposal facilities and sites of a permanent nature including, but not limited to,
landfills, incinerators, and transfer stations, in accordance with Chapters 8.15, ;;_.,_ 8.25&-and LCC.
[Ord. 1170B, 2000]
17.10.223 Special use.
"Special use" means a use permitted only after"public" review and approved by the hearing examiner,
and to which "special"conditions may be attached by the hearing examiner to address mitigation
requirements by reason of the specific location of a proposed use. [Ord. 1170B, 2000]
17.10.224 Storm water management facilities.
"Storm water management facilities" include measures to control storm water flow and water quality, and
may include, but are not limited to, ditches designed and intended primarily for conveyance, biofiltration
swales, filter strips, bubble diffusers, detention ponds, retention ponds,wet ponds, and similar facilities.
fOrd. 1204 Exh. A§ 2, 2008]
17.10.22403 Streams.
"Streams" means those areas where naturally occurring surface waters flow sufficiently to produce a
defined channel or bed which demonstrates clear evidence of the passage of water, including, but not
limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel
or bed need not contain water during the entire year. The definition does not include watercourses that
were created entirely by artificial means, such as irrigation ditches, canals, roadside ditches, or storm or
surface water runoff features, unless the artificially created watercourse contains salmonids or conveys a
stream that was naturally occurring prior to the construction of the artificially created watercourse. fOrd.
1204 Exh. A§2, 20081
17.10.225 Structure.
"Structure," for the purpose of this Chapter,means anything which is built or constructed, an edifice or
building of any kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner, a-nything constructed in or on the ground or water, or anything erected which requires
location on the ground or water, or is attached to something having been constructed or located on or in
Ordinance Version I June 8, 2018—Page 32
the ground or water, requiring a permit under the State UBC or L8,I standards, but not including unroofed
paved areas-or-fill, e any vehicle, or any fence six feet or less in height. [Ord. 1170B, 2000j
17.10.22503 Structure.
"Structure,"for the purpose of Chapter 17.80-Airport Obstruction Zoning, means an object, including a
mobile object, constructed or installed by persons, including but without limitation buildings,towers,
cranes, smokestacks, earth formations, and overhead transmission lines.
17.10.227 Surface mining.
"Surface mining" means the process or business of extracting materials, including but not limited to sand,
gravel, shale, rock, coal, soil, peat, or clay,from an open excavation in the earth. This shall not include(1)
excavation and grading at building construction sites where such construction is authorized by a valid
building permit; or(2)excavation and grading in county road or state highway rights of way or in public or
private streets for purposes of on-site road construction when the work has been authorized by the
engineering division; or(3)excavation and grading for the purpose of developing ponds or manure
lagoons where the amount excavated does not exceed 10,000 cubic yards and where the total time of
material hauling does not exceed 45 calendar days; or(4) excavation and grading in connection with and
at the site of any creek, river or flood control or storm-drainage channel for the purpose of enlarging the
hydraulic capacity or changing the location or constructing a new channel or storm drain where such work
has been approved by the Public Works Department; or(5)gravel bar scalping projects within the
jurisdiction of the shoreline management program; or(6) minor excavation on less than three acres
(cumulative)and less than 5000 yards of excavated material per year. The Administrator may be called
upon to determine whether other activities similar to those identified fall within or without of the regulated
activity. [Ord. 1170B, 2000]
17.10.229 Transitional surfaces.
"Transitional surfaces,"for the purpose of Chapter 17.80 -Airport Obstruction Zoning, means those
surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline
extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and
approach surfaces to where they intersect the horizontal surface.
17.10.231 Tree.
"Tree,"for the purpose of Chapter 17.80-Airport Obstruction Zoning, means any object of natural
growth.
17.10.229 Truck stop.
{Ord. 1170B, 20001
17231 I Inbuil.1ahle
Ordinance Version' June 8, 2018-Page 33
See"unsuitable land." [Ord. 1170B, 2000
17.10.233 Unsuitable land.
"Unsuitable Landland" means land exposed to a condition that may cause a hazard on structures or
human activity if the land in question is developed.Sush-lan: - -- , _. - - - •-- - -- -
_. - _• - - . - •-• ..._ _. _ _ .._ _ - . _• -zards as identified in
LCC 17.35.920, 17.35.930, 17.35.910, and 17.35.950, such as unstable geologic formations, as indicated
strength or load bearing capacity; any slope in excess of 10%; major ground water recharge areas; or
areas designated formally by a federal, state or county agency as flood hazard areas. [Ord. 1170B, 2000]
17.10.23303 Use.
"Use" means the purpose for which a property is occupied and utilized, which may include a variety of
activities related to the use. Uses may be categorized according to a variety of systems, in a number of
manners that emphasize shared characteristics; land use is typically classified in terms of agricultural,
residential, commercial, industrial, etc.; uses may be characterized in terms of high, moderate, and low
intensity based on characteristics that impact other uses or activities. [Ord. 1204 Exh. A§ 2, 20081
17.10.234 Utility lines.
"Utility lines" means a pipe, conduit, cable, or other similar facility by which services are conveyed to the
public or individual recipients. Such services shall include, but are not limited to, water supply, electrical
power, gas, communications, and storm water or sanitary sewer transport facilities. [Ord. 1204 Exh. A§ 2,
20081
17.10.23403 Utility runway.
"Utility runway,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a runway that is
constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross
weight or less.
17.10.23408 Visual runway.
"Visual runway,"for the purpose of Chapter 17.80—Airport Obstruction Zoning, means a runway intended
solely for the operation of aircraft using visual approach procedures. [Ord. 1269 §30, 2016; Ord. 1170B,
2000; Ord. 1157, 1998; Ord. 1129 $ 2, 19931
17.10.23410 Voluntary stewardship program.
"Voluntary stewardship program" means the program established under RCW 36.70A.
17.10.235 Warehouse or Wwarehousing.
"\AlareheosingWarehouse or warehousing" means facilities for storage of goods, machinery, and/or
equipment in an enclosure. [Ord. 1170B, 2000]
Ordinance Version I June 8, 2018—Page 34
17.10.236 Watershed.
"Watershed" means an area draining to the surface water systems of the Chehalis, Cowlitz, Deschutes, or
Nisgually Rivers. [Ord. 1204 Exh. A§2, 20081
17.10.23603 Wellhead protection area.
"Wellhead protection area" means the area (surface and subsurface) managed to protect groundwater-
based public water supplies. [Ord. 1204 Exh. A§ 2, 20081
17.10.23605 Wetland.
"Wetlands" are those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-
wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990,that were unintentionally created as a result of the construction of a
road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-
wetland areas to mitigate the conversion of wetlands.
17.10.23608 Wetland mitigation bank.
"Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in
exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in
advance of unavoidable impacts to wetlands or other aquatic resources that typically are unknown at the
time of certification to compensate for future, permitted impacts to similar resources.
17.10.23610 Wetland mosaic.
"Wetland mosaic" means an area with a concentration of multiple small wetlands, in which each patch of
wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas
delineated as vegetated wetland are more than 50%of the total area of the entire mosaic, including
uplands and open water.
17.10.237 Wholesale t adeuse.
"Wholesale tfadeuse" means an establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such
individuals or companies. [Ord. 11708, 2000]
17.10.239 Wireless communication facility.*
"Wireless communication facility" means an unstaffed facility for the transmission and reception of radio or
microwave signals used for commercial or governmental communications. Wireless communication
facilities are composed of two or more of the following components: antenna, support structure,
equipment enclosure, or security barrier. [Ord. 11708, 2000]
Ordinance Version June 8, 2018—Page 35
*Note: LCC 12.2515.50.020 et seq., also defines wireless communications facility.
17.10.241 Yard,front.
"Front yard" means an open space on a lot, between the road right-of-way, or point of access (front
property line), and the requisite minimum front yard setback line. Where a lot lies at the corner of two or
more roads, it shall have a front yard setback area extending back from each road right-of-way. If the
exact location of the right-of-way is not known, it shall be assumed that the improved traveling surface of
the road is in the center of the road right-of-way. If the width of the road right-of-way is not known, it shall
be assumed to be the statutory 60 feet. [Ord. 1253, 2014; Ord. 1170B, 2000]
17.10.243 Yard, rear.
"Rear yard" means an open space on a lot, between the rear property line and the building closest to the
rear property line. In the case of a lot with more than one road frontage the rear yard shall be deemed to
be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases
of doubt, the administrator shall make the determination. [Ord. 1253, 2014; Ord. 1170B, 2000]
17.10.245 Yard, side.
"Side yard" means any yard that is not a front or rear yard. [Ord. 1253, 2014; Ord. 1170B, 2000]
SECTION 2: Article II: Definitions from Chapter 17.30 (from LCC Sections 17.30.070 to
17.30.280) is repealed in its entirety.
SECTION 3: Chapter 17.35A of the Lewis County Code is repealed in its entirety.
SECTION 4: Chapter 17.38 is added to the Lewis County Code as written below:
Article I: Administration
17.38.010 Statement of authority and title.
This chapter is established pursuant to RCW 36.70A.060 and shall be known as the Lewis County critical
areas ordinance. [Ord. 1204 Exh. A§ 2, 2008]
17.38.020 Applicability.
(1) This chapter classifies and designates critical areas in Lewis County and establishes regulations for:
the protection of the ecological functions and values of critical areas; and the preservation of human
health and safety. The chapter also gives special consideration to conservation and protection measures
to preserve and enhance anadromous fisheries.
(2)This chapter does not apply to lands within the jurisdiction of the Shoreline Management Act(SMA).
Projects within the jurisdiction of the SMA shall be processed under the Lewis County Shoreline Master
Program.
Ordinance Version I June 8, 2018—Page 36
(3) No alterations to land, water, or vegetation, or the construction or alteration of any structure or
improvement, shall occur within a critical area or its buffer, as regulated by this chapter, except in
compliance with the provisions of this chapter.
(4) Failure to comply with the provisions of this chapter shall be considered a violation and be subject to
the enforcement procedures in LCC 17.300. [Ord. 1204 Exh. A§ 2, 2008]
17.38.030 Relationship to other regulations.
(1)Areas characterized by multiple critical areas shall address the requirements for each of the areas.
(2) in the event of a conflict between these regulations and the other regulations of the county, the
regulations that provide the greater protection of the critical areas shall apply.
(3) No permit granted pursuant to this chapter shall remove the applicant's obligation to comply with other
provisions of federal, state, and local law and regulation. [Ord. 1204 Exh. A§2, 2008]
17.38.040 Mapping of known critical areas.
(1) Mapping. The approximate location and extent of known critical areas is shown on the county's
critical area maps. The county shall update the maps as new critical areas are identified and information
becomes available.
(2) Site-specific information required. The county maps and reports should be used as a general guide
for critical area investigation. Detailed site investigations may be needed for project-specific critical area
identification and regulation.
(3) Limitation of Liability. The maintenance of critical area maps does not imply that land outside of
mapped critical areas will be without risk. Preparation and maintenance of such maps shall not create a
liability on the part of Lewis County, or any officer or employee thereof, for any damages that result from
the reliance on said maps for any decision lawfully made hereunder. [Ord. 1204 Exh. A§2, 2008]
17.38.050 Administration.
(1) Role of administrator.
(a)When a development application is submitted to Lewis County, the administrator shall review the
proposal for its relation to critical areas or their buffers.
(b)When a proposed development or activity is within, abutting, or likely to adversely affect a critical area
or buffer pursuant to the provisions of this chapter, the administrator shall:
(i) Require the applicant to submit a critical area assessment report, subject to LCC 17.38.070, that
has been prepared by a qualified professional.
Ordinance Version! June 8, 2018—Page 37
(ii) Require the applicant to submit a critical area mitigation plan subject to LCC 17.38.080, if any
impacts to a critical area or buffer are anticipated. Provided that, the requirement for a mitigation
plan shall not apply to any developments that utilize buffer reductions or averaging.
(iii) Review and evaluate the proposal based on the application submittals to:
(i) Determine whether the development proposal conforms to the purposes and performance
standards of this code;
(ii)Assess the potential impacts to the critical area and whether the impacts can be avoided or
minimized;
(iii) Determine if the mitigation proposed by the applicant is sufficient to protect the functions
and values of the critical area and any public health, safety, and welfare concerns; and
(iv) Impose any conditions necessary to assure compliance with the requirements of this
code, including implementation and monitoring of mitigation, and, where necessary,
increasing the size of the required buffer.
(2)Application process.
(a) No separate application or permit is required for this chapter if the criteria and requirements are
otherwise addressed in connection with a Lewis County land use or development permit.
(b)Activities that are in or near a critical area or its associated buffer and do not require another
permit shall be processed as a Type I permit approval subject to LCC 17.05. [Ord. 1269 §22, 2016;
Ord. 1204 Exh. A§2, 2008]
(c) Decisions made in the administration of this chapter may be appealed in accordance with the
appeal provisions for the underlying permit per LCC 1 7.25 . [Ord. 1269 §24, 2016; Ord. 1204 Exh. A
§ 2, 2008]
(3)County permits. Compliance with the standards in this section shall be a material element of any
permit approval.
(4)Time Period for Critical Areas Report. Approved critical area assessment reports or mitigation plans
shall generally be valid for a period of five years.
(5) Requirement for New Report.
(a) Modification of Development Proposal. When a proponent modifies the scope of a previously
approved proposal, a new critical area assessment report or mitigation plan is required, unless the
applicant can demonstrate that the previously prepared information adequately addresses the
impacts of the alteration.
Ordinance Version I June 8, 2018—Page 38
(b) Receipt of Information that Shows Error. When information demonstrates that the initial review
was in error, a new critical area assessment report and/or mitigation plan may be required.
(6) Other Agency Permits and Standards. When permits are required by agencies other than the county,
the county shall coordinate the review and establishment of conditions to the maximum extent feasible.
[Ord. 1204 Exh. A§ 2, 2008]
17.38.060 Activities that do Not Require a Lewis County permit.
The activities listed in Article II shall not require a critical area assessment, review or permit as part of this
chapter.
17.38.070 Critical area assessment report.
(1) A critical areas assessment report shall be required when a proposal is located within the areas
specified in the following sections:
(a) LCC 17.38.210 for Wetlands.
(b) LCC 17.38.410 for Fish and Wildlife Habitat Areas.
(2)The critical areas assessment report shall include the following information:
(a) LCC 17.38.320 for Wetlands.
(b) LCC 17.38.500 for Fish and Wildlife Habitat Areas.
The administrator may waive portions of the submittal requirements, if he/she determines that they are
not applicable to the proposed activity.
(3) Impacts to Critical Areas Known. When a project will impact critical areas and/or their buffers, beyond
any standards allowed for buffer averaging and reduced buffer widths, the applicant may submit a report
that consolidates the requirements for both the assessment report and the mitigation plan (per LCC
17.38.080).
(4) Submittal of Electronic Information. Applicants shall provide the reports and maps in an electronic
format that allows site data to be incorporated into the county geographic information system (GIS)
database; provided, that the administrator may waive this requirement for single-family developments.
Applicants are encouraged to coordinate the electronic submittal guidelines with the administrator. Please
note: this standard shall not be construed as a requirement to use a specific computer software. [Ord.
1204 Exh. A § 2, 2008]
17.38.080 General mitigation requirements.
Ordinance Version I June 8, 2018—Page 39
(1) Mitigation Report. Where a proposal would alter or impact a critical area or buffer, the applicant shall
submit a mitigation plan, critical aquifer recharge area report or geotechnical report in accordance with
the following requirements:
(a) LCC 17.38.330 for Wetlands.
(b) LCC 17.38.510 for Fish and Wildlife Habitat Areas.
(c) LCC 17.38.710 for Geologically Hazardous Areas.
(d) LCC 17.38.860 for Critical Aquifer Recharge Areas.
(2) Mitigation Sequencing. The mitigation plan, critical aquifer recharge area report or geotechnical report
shall demonstrate that all reasonable efforts have been taken to mitigate impacts in the following
prioritized order:
(a)Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or by
moving the action.
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology and engineering, or by taking affirmative steps to
avoid or reduce adverse impacts.
(c) Rectifying the adverse impact by repairing, rehabilitating or restoring the affected environment.
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operations during the life of the action.
(e)Compensating for the adverse impact by replacing, enhancing, or providing similar substitute
resources or environments, monitoring any adverse impact and mitigation, and taking appropriate
corrective or adaptive management measures.
(f) Monitoring the impact and taking appropriate corrective measures.
(3)The mitigation of individual projects may include a combination of the above measures as needed to
achieve the most effective protection or compensatory mitigation of the critical area functions and values.
(4) On-site vs. off-site mitigation.
(a)To assure that a mitigation report relieves the direct impacts of an action, on-site mitigation is
preferred over off-site mitigation.
(b)Off-site mitigation is only allowed:
(i)Where appropriate, adequate on-site mitigation is not reasonable or desirable to achieve;
or
Ordinance Version I June 8, 2018—Page 40
(ii)Where off-site mitigation better achieves the purposes of this chapter.
17.38.090 Mitigation monitoring.
(1) Monitoring Required. The administrator shall require applicants to monitor mitigation projects to
ensure that the performance standards are satisfactorily met. Monitoring reports shall be submitted to the
county in accordance with the monitoring timetables articulated in the mitigation plan or geotechnical
report—typically over a period of five to ten years.
(a) Monitoring should occur for at least five years from the date of plant installation and ten years
where woody vegetation (such as in forested or shrub wetlands) is the intended result.
(b)The administrator may reduce the timeframe for monitoring to three years for small mitigation
projects that involve limited critical area or buffer re-vegetation or vegetation enhancement. Provided
that, this provision shall not apply to wetland mitigation sites.
(c) The administrator may waive the monitoring requirement for structural improvements, such as
retaining walls, foundations or bulkheads, when located near critical areas or their buffers.
(2) Schedule for Monitoring. Monitoring reports for mitigation projects shall be submitted every year,
unless an alternative schedule is approved. A potential schedule for a ten-year monitoring period includes
the submittal of reports in years 1, 2, 3, 5, 7, and 10.
(3) Monitoring Report. Monitoring reports shall include sufficient information to document and assess the
degree of mitigation success or failure as defined by the performance standards articulated in the
approved mitigation plan or geotechnical report. Information to be provided in monitoring reports shall
include the following:
(a) Methods used to document compliance with the performance standards;
(b) Measurements of the percent survival of planted material, plant cover, stem density, presence of
invasive species, and/or other attributes;
(c) For sites that involve wetland creation, re-establishment or rehabilitation, hydrologic observations
of soil saturation/inundation as needed to demonstrate that a site meets the wetland hydrology
criterion;
(d) Representative photographs of the site;
(e)A written summary of the overall site conditions and recommendations for maintenance actions if
needed; and
(f) Other information that the administrator deems necessary to ensure the success of the mitigation.
[Ord. 1204 Exh. A§ 2, 2008]
Ordinance Version' June 8, 2018—Page 41
(4) Projects that fail to meet monitoring objectives. For projects that fail to address the performance
standards identified in the mitigation plan or geotechnical report, the administrator may(among other
options):
(a) Require corrective mitigation measures; and/or
(b) Extend the required monitoring period.
(5)The permanent protection of mitigation areas or facilities shall be achieved through deed restriction
and/or other protective covenant.
17.38.100 Mitigation Assurance.
(1)A project applicant shall demonstrate sufficient capability to implement the mitigation project, monitor
the site, and make corrections if the mitigation fails to meet projected goals. A surety to ensure the
success of the mitigation may be required:
(a)When deemed necessary by the administrator, the applicant shall post a mitigation surety in the
amount of 125 percent of the estimated cost of the uncompleted mitigation actions. The value of the
surety shall be based on an itemized cost estimate of the proposed mitigation activities, including
clearing and grading, plant materials, plant installation, irrigation, weed management, monitoring,
and other costs.
(b)The surety shall be in the form of an assignment of funds or other means approved by the
administrator.
(c)The surety shall remain in effect until the administrator determines, in writing, that the standards
that have been bonded for have been met.The surety shall generally be held by the county for a
period of five years to ensure that the required mitigation has been fully implemented and
demonstrated to function. The surety may be held for longer periods when necessary.
(d)After the initial completion of the mitigation, a surety for the construction of the mitigation may
be reduced to an amount not to exceed the cost of the monitoring plus not less than 25 percent of
the construction cost.
(e)The depletion, failure, or collection of surety funds shall not discharge the obligation of an
applicant or violator to complete the required mitigation, maintenance, or monitoring.
(f) Public development proposals may be relieved from having to comply with the bonding
requirements of this section if the agency demonstrates that: public funds have been committed to
the mitigation, maintenance, or monitoring; and the funds will be available throughout the
monitoring period.
Ordinance Version I June 8, 2018—Page 42
(2) Default. Any failure to satisfy the critical area requirements established by law or condition, including
but not limited to the failure to provide a monitoring report within 30 days of its due date or the failure to
comply with other provisions of an approved mitigation plan, shall constitute a default of the surety. The
county may demand the payment of the financial guarantee or pursue some other remedy that is
authorized by the county code or other applicable law. All funds recovered pursuant to this section shall
be used to complete the required mitigation. [Ord. 1204 Exh. A§2, 2008]
17.38.110 Qualified Professional Required
(1)Technical analyses, including critical areas assessments, mitigation plans, and geotechnical reports,
that are submitted as part of an application shall be completed by a qualified critical area professional as
defined in 17.10.188.
(2) Peer-Review Allowed. During the course of review, the administrator may retain, at the applicant's
expense, a qualified professional to perform a peer review of the assessment and mitigation reports. The
administrator may similarly consult outside agencies with expertise that pertains to the proposal when
necessary.
Ordinance Version I June 8, 2018— Page 43
Article II: Activities Allowed without a Critical Areas Permit
17.38.130 Activities allowed without a permit in critical areas and buffers.
(1)Activities Allowed without a Lewis County Permit. The activities in LCC 17.38.130(2)through LCC
17.38.130(4)are allowed without the submission of a Lewis County critical areas permit or assessment
report. Provided that, a critical area assessment report shall be required for the activities when they are
not specifically exempted from local review and the actions:
(a) Result in the loss of the functions and values of a critical area and/or a critical area buffer;
(b) Increase the danger associated with a critical area; or
(c)Are proposed as part of a larger project that has other components that require the submission of a
critical areas report.
(2) Permit Exempt Activities—Critical Areas and Buffers.
The following activities are allowed within critical areas and their buffers without a critical areas permit,
when the activities meet the requirements of 17.38.130(1):
(a) Normal and routine maintenance and repair of existing public or private facilities within an existing
right-of-way, provided that the maintenance or repair does not increase the footprint of the facility or right-
of-way.
(b)Activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and
regulations, WAC 222-12-030, where state law specifically exempts local authority. This exemption,
however, shall not apply to developments that require local approval for a Class 4—General Forest
Practice Permit(conversion), as defined in RCW 76.09 and WAC 222-12.
(c) Existing and ongoing agricultural activities are not subject to LCC 17.38, so long as the activities are
covered by LCC Chapter 17.35 or the Lewis County Voluntary Stewardship Program.
(d) The harvesting of wild crops in a manner that is not injurious to the natural reproduction of such
crops, and does not require the tilling of soil, planting of crops, chemical applications, or the alteration of a
critical area by changes to topography, water conditions, or water sources.
(e) Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
(f) Educational and scientific research activities.
(g) The enhancement of a critical area or critical area buffer through the removal of noxious weeds and/or
non-native invasive plant species, so long as:
Ordinance Version I June 8, 2018— Page 44
(i) The removal of the noxious weeds and/or invasive plant species is done by hand, unless
guidance by the Washington State or Lewis County Noxious Weed Control Board
recommends an alternative approach to prevent, control or eradicate the species.
(ii) All removed plant material is taken away from the site and appropriately disposed.
(iii) Plants that appear on the Washington State Noxious Weed Control Board list of noxious
weeds are handled and disposed of according to a noxious weed control plan appropriate to
the species.
(iv) Revegetation of the site with appropriate native species and at natural densities is allowed in
conjunction with the removal of invasive plant species.
(h) Emergency actions, including those activities necessary to prevent an immediate threat to public
health, safety, or welfare, or that pose an immediate risk of damage to private property and that require
remedial or preventative action in a timeframe too short to allow for compliance with the requirements of
this chapter.
(I) Emergency actions that create an impact to a critical area or its buffer shall use reasonable
methods to address the emergency. In addition, they must have the least possible impact to
the critical area or its buffer. The person or agency undertaking such action shall notify the
administrator within 14 working days following commencement of the emergency activity,
except for county-wide or regional disasters for which the director shall provide alternative
deadlines.
(ii) After the emergency, the person or agency undertaking the action shall fully fund and
conduct necessary restoration and/or mitigation for any impacts to the critical area and
buffers resulting from the emergency action. The person or agency undertaking the action
shall obtain all approvals required for this chapter. Restoration and/or mitigation activities
must be initiated within one year of the date of the emergency, and be completed as provided
for in this chapter;
(i)Passive recreational uses, sport fishing or hunting, hiking, canoeing, viewing, nature study,
photography, scientific or educational review, or similar minimal impact, nondevelopment activities;
(j)Site investigative work required by a city, county, state, or federal agency in conjunction with the
preparation of a land use application submittal, or the monitoring of a restoration or mitigation site, such
as surveys, soil logs, percolation tests, and other related activities. In any such activity, impacts on the
critical areas must be avoided where possible, minimized where necessary, and disbursed to the extent
possible. Critical areas shall be restored to the pre-existing level of function and value within one year
after tests are concluded;
(k) Maintenance of existing, lawfully established landscaping and gardens within a critical area or its
buffer, including, but not limited to, mowing lawns, weeding, removal of noxious and invasive species,
harvesting and replanting of garden crops, pruning, and replanting and replacement of ornamental
Ordinance Version I June 8, 2018—Page 45
vegetation or indigenous native species to maintain the condition and appearance of such areas as they
existed prior to adoption of this code. Home and garden herbicides, pesticides, and fertilizers may be
used to maintain existing landscaping and gardens within critical area buffers, when applied at times and
rates specified on the label in accordance with Washington State Department of Agriculture and other
applicable regulations. Home and garden herbicides, pesticides, and fertilizers may not be used in
wetlands, streams, or other water bodies without the submittal of a critical areas permit.
(3) Permit Exempt Activities—Wetlands and their Buffers.
The following activities are additionally allowed within wetlands and their buffers without a critical areas
permit, when the activities meet the requirements of 17.38.130(1):
(a) Drilling for utilities/utility corridors under a buffer with entrance/exit portals located completely outside
of the wetland boundary, provided that the drilling does not interrupt the groundwater connection to the
wetland or stream or the percolation of the surface water through the soil column. Specific studies shall
be submitted by a hydrologist to determine whether the groundwater connection to the wetland, or the
percolation of surface water through the soil column. will be disturbed.
(b) Stormwater management facilities. A wetland or its buffer can be physically or hydrologically altered to
meet the requirements of a low-impact development, runoff treatment or flow control best management
practice if all of the following criteria are met:
(i) The wetland is classified as a Category Ill or a Category IV wetland with a habitat score of 3-
4 points.
(ii) There will be"no net loss"of the functions and values of the wetland.
(iii) The wetland does not contain a breeding population of any native amphibian species.
(iv) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of
Chart 4 and questions 2, 3, 4 of Chart 5 in the guidance: Selecting Wetland Mitigation Sites
Using a Watershed Approach (Western Washington) (Ecology Publication #09-06-32,
December 2009); or the wetland is part of a priority restoration plan that achieves the
restoration goals identified in a Shoreline Master Program or another local or regional
watershed plan.
(v) The wetland lies in the natural routing of the runoff, and the discharge follows the natural
routing.
(vi) All regulations regarding stormwater management and wetlands are followed, including but
not limited to local and state wetland and stormwater codes, manuals, and permits.
(vii) Alterations to the structure of the wetland or its soils obtain the necessary permits for the
proposal.
(viii) All lost functions and values of the wetland are compensated/replaced.
Ordinance Version j June 8, 2018—Page 46
To determine if a low-impact development best management practice will be feasible at a project site, a
site specific characterization by a qualified professional is required. Wetlands may contain features that
render low-impact development best management practices infeasible.
(4) Permit Exempt Activities—Buffers Only.
The following activities are allowed within critical area buffers without a critical areas permit, when the
activities meet the requirements of 17.38.130(1):
(a) Repair and maintenance of non-conforming uses or structures, when legally established within the
buffer, provided that the activities do not increase the degree of nonconformity for the critical area, or
otherwise cause a net loss in the ecological functions of the critical area or buffer.
Ordinance Version I June 8, 2018—Page 47
Article Ill: Wetlands
17.38.200 Purpose
The purposes of this Article are to:
(1) Regulate land use to avoid adverse effects on wetlands and maintain the functions and values of
wetlands throughout Lewis County.
(2) Protect the beneficial functions performed by wetlands,which include, but are not limited to: providing
food, breeding, nesting and/or rearing habitat for fish and wildlife; providing habitat for endangered,
threatened and sensitive species; recharging and discharging ground water; contributing to stream flow
during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce
flooding and erosion; and improving water quality through biofiltration, adsorption, and the retention and
transformation of sediments, nutrients, and toxicants.
(3) Establish review procedures for development proposals,which are consistent with Best Available
Science, in and adjacent to wetlands.
17.38.205 Other provisions apply
Compliance with the provisions of this Article does not constitute compliance with other federal, state, and
local regulations and permit requirements that may be required. The applicant is responsible for
complying with those requirements, in addition to the process established in this Article.
17.38.210 Administration
(1)Administration of this chapter shall occur in accordance with Article I of this chapter.
(2)When a project is subject to these requirements and does not fall within the activities listed in Article II
of this code, the reports in Table 17.38-1 shall be required to review the projects.
Table 17.38-1
Report When Required Standards
Wetland Assessment Report l Within an area of mapped hydric soil or LCC 17.38.320
within 300 feet of a mapped wetland
Wetland Mitigation Report When an impact is proposed to a wetland LCC 17.38.330
or wetland buffer(per 17.38.270), reduced
buffer(per 17.38.280),or averaged buffer
(per 17.38.290)
(3)State and federal permits may be required even when a wetland is exempt from County requirements.
Ordinance Version I June 8, 2018—Page 48
17.38.220 Identification.
(1)Wetlands shall be identified and delineated in accordance with the requirements of RCW 36.70A.175
and LCC 17.38.230.
(2)The administrator may accept a written determination by the U.S.Army Corps of Engineers and the
Washington State Department of Ecology (Ecology)that a specific parcel is not a wetland, as long as the
determination is consistent with current local, state or federal law. [Ord. 1204 Exh. A§2, 2008]
17.38.230 Classification.
(1) Rating. Wetlands shall be identified and rated according to the Washington Department of Ecology
wetland rating system, as set forth in the Washington State Wetland Rating System for Western
Washington: 2014 Update (Ecology Publication#14-06-029, or as revised and approved by Ecology),
which contains the definitions and methods for determining whether the criteria below are met.
(a)Category I. Category I wetlands are: (1)wetlands of high conservation value that are identified by
scientists of the Washington Natural Heritage Program/DNR; (2)bogs; (3)mature and old-growth forested
wetlands larger than 1 acre; or(4)wetlands that perform many functions well (scoring 23 points or more).
The wetlands: (1)represent unique or rare wetland types; (2)are more sensitive to disturbance than most
wetlands; (3)are relatively undisturbed and contain ecological attributes that are impossible to replace
within a human lifetime; or(4)provide a high level of functions.
(b) Category II. Category II wetlands are:wetlands with a moderately high level of functions(scoring
between 20 and 22 points).
(c)Category III. Category Ill wetlands are: (1)wetlands with a moderate level of functions (scoring
between 16 and 19 points); and (2)can often be adequately replaced with a well-planned mitigation
project. Wetlands scoring between 16 and 19 points generally have been disturbed in some way and are
often less diverse or more isolated from other natural resources in the landscape than Category II
wetlands.
(d)Category IV. Category IV wetlands have the lowest levels of functions(scoring fewer than 16 points)
and are often heavily disturbed. These wetlands are often able to be replaced, or in some cases
improved. However, experience has shown that replacement cannot be guaranteed in any specific case.
The wetlands may provide some important functions, and should be protected to some degree.
(2) Illegal modifications. Illegal modifications to a wetland made by the applicant or with the applicant's
knowledge shall not change a wetlands rating.
17.38.240 Mitigation sequencing.
Ordinance Version I June 8, 2018—Page 49
Projects proposed in or adjacent to wetlands are required to utilize the mitigation sequence shown in LCC
17.38.080(2).
17.38.250 Exemption from the requirement to avoid impacts
(1) The following wetlands may be exempt from the requirement to avoid impacts to wetlands (as defined
in the mitigation sequence in 17.38.080(2)(a)). The wetlands may be filled if the remaining actions in the
mitigation sequence (LCC 17.38.080(2)(b)through (e))ensure that no net loss of wetland functions and
values will occur from the activity.
(a) All isolated Category IV wetlands less than 4,000 square feet that:
(i) Are not associated with riparian areas or their buffers.
(ii) Are not associated with shorelines of the state or their associated buffers.
(iii) Are not part of a wetland mosaic.
(iv) Do not score 5 or more points for habitat function based on the 2014 update to the Washington
State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-
06-029, or as revised and approved by Ecology).
(v) Do not contain a federally listed species or their critical habitat, Priority Habitat or Species
identified by the Washington Department of Fish and Wildlife, or species of local importance
identified in LCC Section 17.38.420.
(b)Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed
species or their critical habitat are exempt from the buffer provisions contained in this Chapter.
(2)To ensure that no reduction of wetland values and functions occurs as a result of this section, a
wetland assessment report and mitigation plan meeting the requirements in LCC 17.38.320 and
17.38.330 must be submitted.
17.38.260 Use intensity and determination of buffer width.
The use intensities in Table 17.38-2 shall be used in connection with the standards to classify wetlands in
LCC 17.38.230 to determine required buffers.
Table 17.38-2
Level of Impact from
Proposed Change in
Common Types of Land Use
Land Use
Ordinance Version I June 8, 2018—Page 50
High • Commercial
• Urban
• Industrial
• Institutional
• Retail sales
• Residential (Density greater than 1 unit/acre)1
• Conversion to high-intensity agriculture (dairies, nurseries,
greenhouses, growing and harvesting crops requiring annual tilling
and raising and maintaining animals, etc.)
• High-intensity recreation (golf courses, ball fields, etc.)
• Hobby farms
Moderate • Residential (Density between 1 unit per acre and 1 unit per 4.99
acres)1
• Moderate-intensity open space (parks with biking,jogging, etc.)
• Conversion to moderate-intensity agriculture (orchards, hay fields,
etc.)
• Paved trails
• Building of logging roads
• Utility corridor or right-of-way shared by several utilities and
including access/maintenance road
Low • Forestry(cutting of trees only)
• Low-intensity open space (hiking, bird-watching, preservation of
natural resources, etc.)
• Unpaved trails
• Utility corridor without a maintenance road and little or no vegetation
management.
• Residential (Density at or lower than 1 unit per 5 acres)1
Measured as density averaged over a development site, not necessarily an individual lot size.
17.38.270 Required wetland buffers.
(1) Utilizing the impact levels specified above, the buffer widths in Table 17.38-3 have been established in
accordance with best available science.
(a) Buffers.
Table 17.38-3
Impact Level
f Category I Wetlands Low 1 Moderate I High
Ordinance Version I June 8, 2018—Page 51
High level of function for habitat(score for habitat 9 points) 150 225 260/300'
Wetlands Of High Conservation Value 125 190 250
Bogs 125 190 i 250
Forested Buffer width to be based on score
for habitat functions or water
quality functions
Moderate level of function for habitat(score for habitat 5-7 75 110 I 150
points)
High level of function for water quality improvement(8—9 points) 50 75 100
and low for habitat(less than 5 points)
Not meeting any of the above characteristics 50 75 100
Category II Wetlands Low Moderate High
High level of function for habitat(score for habitat 8-9 points) 150 225 260/3001
Moderate level of function for habitat(score for habitat 5-7 75 110 150
points)
High level of function for water quality improvement and low for 50 75 100
habitat(score for water quality 8—9 points; habitat less than 5
points)
Not meeting above characteristics 50 75 100
Category Ill Wetlands Low Moderate High
Moderate level of function for habitat(score for habitat 5-7 75 110 150
points)*
*If wetland scores 8-9 habitat points, use Category II buffers for
high level of function for habitat.
Score for habitat 3-4 points — 40 -- 60 80
Category IV Wetlands Low Moderate High
Score for all 3 basic functions is less than 16 points 25 40 50
' Buffers are 260 feet for 8 habitat points and 300 feet for 9 habitat points.
(b) Other Protections. Uses with proximity impacts, such as noise, light, glare or other characteristics that
may affect wetland ecological functions, may be required to provide greater buffers than indicated, or to
provide site design and layout, or operational measures, that reduce project impacts to levels appropriate
to the designated buffer. Elements to reduce potential buffer impacts include screening the buffer edge
with dense plantings or fencing, and other items.
17.38.280 Buffer width reduction.
Ordinance Version' June 8, 2018–Page 52
Buffer widths may be reduced in the following instances without the submittal of a mitigation plan.
(1) Reduction in buffer width by reducing the intensity of land use impacts. The widths of buffers
recommended for proposed land uses with high-intensity impacts can be reduced to the buffers
recommended for moderate-intensity impacts under the following conditions:
(a) For wetlands that score moderate or high for habitat(5 points or more for the habitat functions), the
width of the buffer can be reduced if both of the following criteria are met:
(i) A relatively undisturbed, vegetated corridor at least 100-feet wide is protected between the
wetland and any other Priority Habitats as defined by the Washington State Department of Fish
and Wildlife. The latest definitions of priority habitats and their locations are available on the
WDFW web site at: http://wdfw.wa.gov/hab/phshabs.htm. The corridor must be protected for the
entire distance between the wetland and the Priority Habitat by some type of legal protection
such as a conservation easement.
(ii) Measures to minimize the impacts of different land uses on wetlands, such as the examples
summarized in Table 17.38-4 are applied. Provided, that the administrator may approve of
alternative impact reduction measures that are demonstrated to have equivalent effectiveness in
reducing impacts on wetland functions.
(b) For wetlands that score less than 5 points for habitat, the buffer width can be reduced to that required
for moderate land-use impacts by applying the measures to minimize the impacts of the proposed land
uses (see examples in Table 17.38-4).
Table 17.38-4
Activities and Uses
Impact Type that Cause Examples of Measures to Reduce Impacts
Disturbances
Storm water runoff • Parking lots • Provide storm water detention and treatment meeting the latest
I• Roads adopted Storm Water Management Manual for all impervious
I• Manufacturing surfaces that drain to the wetland
• Residential areas • Provide infiltration, except where soil conditions preclude
• Commercial !• Prevent flow from lawns that directly enters the buffer through
• Landscaping swales or other interception —
Lights • Residential • Direct lights away from wetland
•Warehouses
• Manufacturing
•Parking lots
Noise •Residential •Locate activity that generates noise away from wetland
Ordinance Version I June 8, 2018–Page 53
Activities and Uses
Impact Type that Cause Examples of Measures to Reduce Impacts
Disturbances
•Commercial l•Place loading areas, garbage pickup and other pickup/delivery
•Warehouse 'functions on the building side furthest removed from the wetland
■
j• Manufacturing
Toxic runoff • Parking lots I• Route all new, untreated runoff away from wetland while ensuring
- Roads wetland is not dewatered
• Manufacturing Establish covenants limiting use of pesticides within 150 feet of
'• Residential areas 'wetland
•Application of l• Require development and implementation of integrated pest
agricultural pesticides management plan to reduce chemical use
• Landscaping
• Pesticides
• Herbicides
• Fertilizer
Pets and human • Residential areas •• Fence buffer area with privacy fencing
disturbance • Plant dense native vegetation to delineate buffer edge
Lack of native • Buffer will not • Ensure minimum vegetation relative density of 20 or plant to 300
vegetation in buffer provide functions stems per acre _
Change in water l• Impermeable • Infiltrate or treat, detain, and disperse into buffer new runoff from
regime surfaces impervious surfaces and new lawns
l• Lawns
•Tilling
Dust •Tilled fields • Use best management practices to control dust
[Ord. 1204 Exh. A§2, 2008]
(2) Reductions in Buffer Widths Where Existing Roads or Structures Lie Within the Buffer.
(a)The administrator may allow a reduced buffer where a legally established substantial improvement
such as a road, railroad, or structure serves to eliminate or greatly reduce the impact of a proposed
activity upon a wetland buffer.
(b)Where such a substantial improvement exists, the buffer may be reduced to the critical area edge of
the existing substantial improvement.
(c) If a project has the potential to impact the functions of a wetland or its buffer, even though such a
substantial improvement exists, the administrator shall require the applicant to submit a wetland
assessment report to ensure that no-net loss of ecological values and functions occurs. A mitigation plan
may be required.
Ordinance Version I June 8, 2018—Page 54
(d)As used within this section only, substantial improvements shall include developed public
infrastructure such as roads and railroads, and private improvements such as homes, commercial
structures, and paved parking lots. Substantial improvements shall not include paved trails, sidewalks,
private driveways, resident parking areas, and accessory buildings that do not require a building permit.
(3)Common Line Buffers
(a) For legal lots of record that: were created prior to July 26, 1999; are smaller than two acres in size; are
proposed for residential development; and are bound by neighboring home sites, the required buffer may
be reduced to the buffers for neighboring properties when the proposal incorporates the measures in
Table 17.38-4, as well as other appropriate mechanisms, to provide compensatory mitigation for the
impacts to wetland functions and values.
(i) Existing Residences on Both Sides. Where existing residences are within 300 feet of both sides of the
proposed residence, the buffer may be drawn as a common line calculated by the average of both
adjacent residential setbacks from the wetland.
(ii) Existing Residence on One Side. When a site only has one existing residence adjacent to the
proposed development, the common line buffer may be the average of the required buffer for the wetland
and the average setback of the adjacent residence from the wetland.
(b)A common line buffer reduction based on neighboring development shall require an analysis by a
qualified professional that evaluates the existing environmental conditions and how the reduced buffer
width would affect existing wetland functions when compared to the standard buffer.
(c) Existing wetland functions and values must be protected by the reduced buffer and the proposed
mitigation measures.
17.38.290 Buffer width averaging.
An applicant may request to average the width of a wetland buffer, thereby reducing the width of a portion
of the buffer and increasing the width of another portion, if all of the following requirements are met:
(1)Averaging to improve wetland protection may be permitted when all of the following conditions are
met:
(a)The wetland has significant differences in characteristics that affect its habitat functions, such as a
wetland with a forested component adjacent to a degraded emergent component, or a "dual-rated"
wetland with a Category I area adjacent to a lower rated area.
(b)The buffer is increased adjacent to the higher-functioning habitat area or more sensitive portion of the
wetland and decreased adjacent to the lower functioning or less sensitive portion.
(2)Averaging to allow the reasonable use of a parcel may be permitted when all of the following are met:
Ordinance Version I June 8, 2018—Page 55
(a) Buffer averaging is necessary to accommodate existing conditions, such as topography, existing
roads, public facilities, or similar features that prevent reasonable development in compliance with
standard buffers.
(b)There are no feasible site design alternatives that could be accomplished without buffer averaging.
(c)Averaging will not impair or reduce the habitat, water quality purification and enhancement, storm
water detention, ground water recharge, shoreline protection, erosion protection, and other functions of
the wetland and buffer as demonstrated by a report from a qualified wetland professional.
(3) Buffer averaging must meet the following criteria:
(a)The total area of the buffer on the subject property is not less than the buffer that would be required if
averaging was not allowed, and all increases to the buffer dimensions from averaging are generally
parallel to the wetland boundary(to avoid creating buffer panhandles).
(b) No part of the width of the buffer is less than 75 percent of the required width.
[Ord. 1204 Exh. A§2, 2008]
17.38.300 Mitigation.
(1)Wetland Mitigation. The alteration of wetlands shall require the creation, restoration, or enhancement
of wetlands to provide equivalent or greater functions and values. In order to address the risk and time lag
associated with the creation, restoration, or enhancement of wetlands, the following acreage replacement
ratios shall be required, except as provided for in subsections (5)of this section. The listed ratios assume
that the replacement wetland will be similar in type and structure to the wetland being altered.
Table 17.38-5
Wetland Mitigation Type and Replacement Ratio*
Creation or
Wetland Category Rehabilitation Enhancement
Re-establishment
Category I: Bog, Natural Heritage Not considered Case by case Case by case
'Site possible
Category I: 6:1 12:1 24:1
[Mature Forested..___..._....__._.._._...._..........-------_._. .. __._--_._..._._.._ _ _._ _
Category I: 4:1 8:1 16:1
Based on Functions
Category II 3:1 6:1 12:1
1Category III 2:1 4:1 8:1
L
Category IV 1.5:1 3:1 6:1
Ordinance Version j June 8, 2018—Page 56
*Ratio is the replacement area: impact area.
(2) Buffer Mitigation. Impacts to wetland buffers shall be mitigated at a minimum 1:1 ratio. Compensatory
buffer mitigation shall replace the buffer functions lost from development.
(3) Increasing or Decreasing Replacement Ratios. Mitigation ratios may be increased or decreased based
on the following circumstances:
(a)The degree of uncertainty as to the probable success of the proposed mitigation;
(b)The period of time between the alteration of the wetland or buffer and the replacement of lost
functions and values; and
(c)The projected gains or losses in functions and values; provided, that the findings of special studies
coordinated with agencies with expertise demonstrate that no loss of wetland functions or values will
result from a reduced ratio.
(4) Replacement of Functions and Values. In lieu of mitigation based on land area, as provided above, an
applicant may alternatively propose mitigation based on the credit/debit methodology established by the
Washington Department of Ecology. Such a proposal shall follow the process and provide the details
established in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington dated March 2012 and note:
(a)The degree of uncertainty as to the probable success of the proposed mitigation;
(b)The period of time between the alteration of the wetland or buffer and the replacement of lost
functions and values;
(c) Projected gains or losses in functions and values; provided, that findings of special studies,
coordinated with agencies with expertise, demonstrate that no loss of wetland functions or values will
result from the proposal.
(5)Standards for Mitigation. Mitigation projects shall meet the following requirements:
(a) Location. Compensatory mitigation actions shall generally be conducted within the same sub-drainage
basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is
ecologically preferable.
(b)Allowed Mitigation Approaches. The following wetland mitigation approaches are allowed:
Ordinance Version I June 8, 2018—Page 57
(i)Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used to compensate
for wetland and buffer impacts that are located within the service area specified in the mitigation bank
instrument. Standards for the creation of a wetland mitigation bank are available in 173-700 WAC.
(ii) Permittee-responsible mitigation. Permittee-responsible mitigation may occur at the site of the
permitted impacts or at an off-site location within the same watershed. With permittee-responsible
mitigation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for
the implementation, monitoring and success of the mitigation.
(iii)Additional mitigation approaches (such as in-lieu fee mitigation)may also be approved, so long as:
the administrator determines that the approach ensures that no net loss of wetland functions and values
will occur; an appropriate organizational entity will implement the mitigation; and a monitoring plan will be
provided to show the success of the mitigation. Approved in-lieu fee program credits may be used for
wetland and buffer impacts that are situated within a service area specified within an approved in-lieu-fee
instrument. Project applicants should contact the US Army Corps of Engineers, Seattle District, for more
information.
Ordinance Version I June 8, 2018—Page 58
APPENDIX III-A
Map References.
17.38.310 References.
The approximate location and extent of wetlands and hydric soils are shown on the county's critical area
maps. Sources that have contributed to the development of these maps include:
(1)United States Fish and Wildlife Service National Wetland Inventory.
(2) Natural Resources Conservation Service, soils map for Lewis County, hydric soils designations. [Ord.
1204 Exh. A§2, 2008]
Ordinance Version f June 8,2018—Page 59
APPENDIX III-B
Wetland Assessment
17.38.320 Wetland Assessment.
A wetland assessment describes the characteristics of the subject property and adjacent areas.The
assessment shall include the following:
(1) A site plan that shows:
(a) The site boundary lines;
(b) Existing physical features of the site including buildings, fences, and other structures, roads, parking
lots, utilities,water bodies,etc.
(c) A detailed depiction of the proposed development including features such as utility location (well,
septic, drainfield, etc.); parking and access location; the limits of grading and vegetation removal; and
the location of any proposed building(s).
(d) An identification and delineation of critical areas, including wetlands, and their buffers within 300 feet
of the site and an estimate of the existing approximate acreage for each. Assessment of off-site
wetlands and other critical areas shall be based on available information and shall not require access
to off-site properties.
(2)The following additional information:
(a)The wetland category and standard wetland buffers.
(b)All data sheets and rating forms used to assess the wetland conditions on and off the project site.
(c)A detailed description of the effects of the proposed development on the function and value of the
wetland and buffer, including but not limited to:
(i) Any areas of direct wetland disturbance;
(ii) The location and potential impacts of buffer reduction or averaging including a documentation of
whether the functions and values of the wetland will be adversely affected by the change;
(iii) Effects of stormwater management;
(iv) Proposed hydrologic alterations including changes to natural drainage and infiltration patterns;
(v) Effects on fish and wildlife species and their habitats;
(vi) Impacts from clearing and grading;
Ordinance Version I June 8, 2018—Page 60
(vii) Temporary construction impacts; and
(viii) Effects of increased noise, light, or human intrusion.
(3)A mitigation plan, if applicable, meeting the requirements outlined in LCC 17.38.330. [Ord. 1204 Exh.
A§2, 2008]
Ordinance Version I June 8, 2018—Page 61
APPENDIX III-C
Wetland mitigation plan.
17.38.330 Wetland mitigation plan.
When required, a mitigation plan for wetland and wetland buffer impacts shall meet the following
requirements:
(1)The plan shall be based on applicable portions of the latest edition of the Washington State
Department of Ecology Guidelines for Developing Freshwater Wetland Mitigation Plans and Proposals, or
equivalent;
(2)The plan shall contain sufficient information to demonstrate that the proposed activities are logistically
feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided
in the plan shall include:
(a)Basic Requirements. The plan shall include the name and contact information of the applicant; the
name, qualifications, and contact information of the primary author(s); a description of the proposal; a
summary of the impacts and proposed compensation concept; identification of all required local, state,
and/or federal wetland-related permit(s); and a vicinity map for the project.
(b)Project Description. A project description that includes:
(i) Existing Conditions.An explanation of the existing wetland and buffer areas proposed to be
altered including acreage(or square footage),water regime, vegetation, soils, landscape
position,surrounding land uses,and functions.
(ii) Plan Goals. Overall goals for the plan, including future wetland function,value, and acreage.
(iii) Mitigation Sequencing. A description of how the project design has been modified to avoid,
minimize, or reduce adverse impacts to wetlands.
(iv) Type and Location of Mitigation Activities. A narrative that describes the nature of mitigation
activities including:
(a) Site Treatment. A description of measures that are proposed to protect existing wetlands
and desirable vegetation on the site including planting, invasive species removal, use of
mulch and fertilizer, placement of erosion and sediment control devices, and other best
management practices.
(b) Hydrology.An analysis of existing and proposed hydrologic regimes for enhanced,
created, or restored compensatory mitigation areas. The narrative shall include
illustrations of how data for existing hydrologic conditions were used to determine the
estimates of future hydrologic conditions.
Ordinance Version I June 8, 2018—Page 62
(c) Buffers.A description of the appropriateness of the buffer widths to protect the wetland
functions into perpetuity.
(d) Impacts to Ecological Functions. A description of the ecological functions and values that
the proposed alteration will affect and the specific ecological functions and values that the
proposed mitigation area(s)will provide, together with a description of the required or
recommended mitigation ratios and an assessment of factors that may affect the success
of the mitigation program.
(e) Expected Future Conditions. Conditions expected from the proposed actions on site,
including future hydrogeomorphic types, vegetation community types by dominant
species(wetland and upland), and future water regimes.
(f) Performance Standards. Specific measurable performance standards that the proposed
mitigation action(s)will achieve together with a description of how the mitigation action(s)
will be evaluated and monitored to determine if the performance standards are being met;
and an identification of potential courses of action, and any corrective measures to be
taken if monitoring or evaluation indicates that project performance standards are not
being met. The performance standards shall be tied to and directly related to the
mitigation goals and objectives.
(g) Cost estimates for the installation of the mitigation program, monitoring, and potential
corrective actions if project performance standards are not being met.
(ii)Scaled Drawings for the Project.Scaled drawings of the activities proposed including, but not limited
to:
(a) The location of the wetland and buffer.
(b) Extent of clearing,grading, excavation, and construction impacts.
(c) Existing hydrological features and proposed alterations.
(d) Proposed planting, invasive plant management, installation of habitat structures,
irrigation, and other site treatments associated with the development and proposed
mitigation action(s).
(e) Existing topography, ground-proofed, at two-foot contour intervals in the area of the
proposed compensation actions, if any grading activity is proposed. Also existing cross-
sections (estimated one-foot intervals)of wetland areas on the development site that are
proposed to be altered, or used as wetland or buffer compensation sites.
Ordinance Version I June 8, 2018—Page 63
Article IV: Fish and Wildlife Habitat Conservation Areas
17.38.400 Purpose
(1)The purpose of this chapter is to allow the reasonable use of private property, while:
(a) Encouraging no net loss of habitat functions and values within designated habitat areas;and
(b) Conserving the functional integrity of the habitats that are necessary to perpetually support fish and
wildlife populations.
(2) Key priorities of the Article are to:
(a) Identify and protect areas with which endangered,threatened, and sensitive species have a primary
association;
(b) Identify and protect habitats and species of local importance, including waters of the state, lakes,
ponds, and terrestrial and riparian habitats that are essential to their protection; and
(c) Give special consideration to conservation or protection measures that are necessary to preserve or
enhance anadromous fisheries.
17.38.410 Administration
The administration of this Article shall occur in accordance with Article I of this code, and the standards
listed below.
(1) Review. Projects proposed in or near fish and wildlife habitat conservation areas shall utilize the
following thresholds for review:
(a) Aquatic Priority Habitat.
(i)When a development is within 200 feet of an aquatic habitat(as specified in LCC 17.38.465),
the applicant shall submit an aquatic habitat area assessment report that meets the
requirements of LCC 17.38.070 and 17.38.500.
(ii) If an applicant proposes to impact an aquatic critical area or its buffer, beyond what is
allowed under the standards for buffer width reductions (LCC 17.38.430),the proposal shall
include a mitigation plan that meets the requirements in LCC 17.38.080 and 17.38.510.
(b) WDFW Priority and Locally Important Habitat
(i) WDFW Consultation Required. When a project is located within a mapped habitat for an
endangered,threatened or sensitive species, or within a mapped locally important habitat,
the application shall be sent to the WDFW for their consultation.
Ordinance Version I June 8, 2018—Page 64
a. This consultation is meant to ensure that the proposal adequately addresses the
management recommendations of the Washington Department of Fish and Wildlife
(WDFW) Priority Habitats and Species program.
b. No WDFW consultation shall be required for accessory uses on existing sites that are
shown as having avian habitat, but where no mature trees will be removed.
(ii) When the WDFW determines that a proposal is likely to impact an endangered,threatened
or sensitive species or a locally important habitat,the applicant shall:
a. Follow the WDFW management recommendations;or
b. Prepare a fish and wildlife habitat mitigation plan that meets the requirements of
LCC 17.38.080 and 17.38.510.
(iii) The administrator shall not permit a development where a net loss of habitat functions and
values will occur.
17.38.420 Designation
The following locations are designated as fish and wildlife habitat conservation areas:
Table 17.38-6
Regulated Area
Aquatic Priority Habitat Areas extending outward from the ordinary high water mark on each
side of a stream to the following distances1,2:
(a) DNR Type F waters, one hundred fifty (150)feet3;
(b) DNR Type Np and Ns waters, seventy-five (75)feet.
WDFW Priority Habitats and ! Areas identified by and consistent with WDFW priority habitats and
Species species criteria for federal or state endangered,threatened or
sensitive species. The county shall defer to WDFW in regards to
classification, mapping and interpretation of priority habitats and
species.
Locally Important Habitat The following species of local importance and locally important habitat
and Species areas:
(a) Elk wintering habitat;
Ordinance Version( June 8, 2018—Page 65
(b) Western brook lamprey;
(c) Pacific lamprey; and
(d) Fresh water mussels.
Designated Wildlife Areas State natural area preserves, conservation areas, and state wildlife
areas. No buffers shall be required adjacent to the areas,since the
preserves and conservation areas are assumed to encompass the land
required for species preservation.
1 Numbers shown within the table represent required "buffers."Aquatic habitat buffers may be
modified per the standards in LCC 17.38.430.
2 Type S streams, and lakes and ponds over 20 acres in size in Lewis County are regulated under the
Shoreline Master Program.
3 Projects along Type F streams,which are less than 10 feet in width, may reduce their required buffer to
100 feet,when a qualified professional submits a report that details the width of the stream as it travels
through the project site.
17.38.425 Mitigation sequencing.
Projects proposed in or adjacent to fish and wildlife conservation areas are required to utilize the
mitigation sequence shown in LCC 17.38.080(2).
17.38.430 Buffer width reduction or averaging
(1)The buffer distances for non-exempt projects adjacent to aquatic habitat areas may be reduced using
the provisions for wetlands in Article Ill, Sections LCC 17.38.280(2), LCC 17.38.280(3), and LCC 17.38.290,
as modified below:
(a) Where the standards in Article Ill refer to wetlands,the standards shall apply to aquatic habitat.
(b) Where the standards refer to wetland buffers,the buffers articulated in 17.38.420 shall apply.
(c) Except if the project is mitigated in accordance with LCC 17.38.080,the buffer widths reduced under
the standards for buffer averaging shall not be less than:
(i) 75 percent of the distance for Type F waters or
(ii) 50 percent of the distance for Type Np or Ns waters, or Type F waters whose required buffers
have been reduced to 100 feet.
(d) Enhancement of reduced or averaged buffer areas may be required to ensure that no net loss of
buffer functions or values will occur as a result of the decreased buffer width. Standards included in
Table 17.38-4 may be utilized as a means to help preserve habitat function and value.
Ordinance Version I June 8, 2018—Page 66
(2) The administrator may wave the allowance of buffer width reduction or averaging where an
applicant seeks to reduce a buffer in a geologically hazardous area or in an area where ongoing
streambank erosion is evident.
17.38.440 Reduction of impacts.
(1)Where projects propose an impact to a fish and wildlife conservation area,specific mitigation
elements shall be detailed within a habitat mitigation plan, as defined in LCC 17.38.080 and 17.38.510.
The habitat mitigation plan shall provide specific recommendations to reduce, eliminate, or mitigate for
the adverse effects of the proposed activity.
(2) Methods to minimize or eliminate the adverse impacts of proposed development activities in fish
and wildlife habitat conservation areas may include, but are not limited to:
(a) Buffering and clustering development;
(b) Retaining or planting native vegetation;
(c) Limiting access;
(d) Seasonal restrictions on construction activities in accordance with the guidelines developed by the
Washington Department of Fish and Wildlife, the U.S.Army Corps of Engineers, a Salmonid Recovery
Plan and/or other agencies or tribes with expertise and/or jurisdiction over the subject species/habitat;
and
(e) Other appropriate and techniques that are consistent with Best Available Science.
17.38.450 Designation of locally important habitat
Lewis County may use a legislative process to designate or de-designate locally important habitats and
species.
(1) Criteria.The classification of locally important habitats and species shall consider unusual or unique
habitats that warrant protection because of the qualitative species diversity or habitat system health
indicators; or local species that demonstrate a need for special consideration based on:
(a) Declining population;
(b) Sensitivity to habitat manipulation;
(c) Commercial, recreational, cultural, or other special value; and
(d)The availability of linkages between existing habitat areas.
(2) Recommendation. Recommendations for designating or de-designating areas with habitats or
species that meet these criteria may be submitted by any person or group, and be included for potential
review on the Planning Commission annual docket.
(3) Review. Review of the proposal, if deemed to merit formal consideration by the Planning
Commission and the Board of County Commissioners, shall progress as a Type V amendment.
Ordinance Version I June 8, 2018—Page 67
(4) Notice. Notice of proposals to designate or de-designate locally important habitat or species shall be
forwarded to impacted property owners in a manner similar to the standards for a Type Ill application.
(5) Not allowed as part of other proposals. Designation or de-designation of locally important habitats or
species may not occur concurrent with or as part of an associated development request.
Ordinance Version I June 8, 2018—Page 58
APPENDIX IV-A
Classification of Fish and Wildlife Habitat
17.38.465 Identification of aquatic habitat.
The following resources are identified as aquatic habitat critical areas for the purposes of this Article:
(1)Waters of the state as defined in RCW 77.55.011 and 90.56.010, but not including shorelines of the
state as defined in RCW 90.58.010.
(2) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or
wildlife habitat.
(3) Lakes, ponds,streams,and rivers planted with game fish by a governmental or tribal entity.
17.38.470 Classification.
(1)Streams and lakes are classified in accordance with the Washington State Department of Natural
Resources (DNR) as provided in WAC 222-16-030,with the following revisions:
(a) "Type S water" means all waters identified as shorelines of the state under Chapter 90.58 RCW and
the rules promulgated pursuant to Chapter 90.58 RCW, including periodically inundated areas of their
associated wetlands.Type S waters are regulated entirely by the Lewis County Shoreline Master
Program.
(b) "Type F water" means segments of natural waters other than Type S waters,as defined by the
ordinary high water mark and periodically inundated areas of their associated wetlands, except as
regulated by LCC 17.38.220,or within lakes, ponds, or impoundments having a surface area of one-half
acre or greater at seasonal low water and which in any case contain fish habitat,as well as riverine
ponds, wall-based channels,and other channel features that are used by fish for off-channel habitat.
(c) "Type Np water" means all segments of natural waters within defined channels that are perennial
nonfish habitat. Perennial streams are waters that do not go dry at any time during a year of normal
rainfall. However,for the purpose of water typing,Type Np waters include the intermittent dry portions
of the perennial channel below the uppermost point of perennial flow.
(d) "Type Ns water" means all segments of natural waters within defined channels that are not Type S, F,
or Np waters.These are seasonal, nonfish habitat streams in which surface flow is not present for at
least some portion of a year of normal rainfall and are not located downstream from any stream reach
that is a Type Np water. Ns waters must be physically connected by an above-ground channel system to
Type S, F,or Np waters. [Ord. 1204 Exh. A§2, 2008]
(2) Classification.
Stream typing data from the Washington State Department of Natural Resources (DNR) is utilized to
show the approximate location of streams and their types.
Ordinance Version I June 8, 2018—Page 69
(a)Where a stream is shown on the DNR mapping, but no stream is present or the location is in error,
the administrator may waive the requirements for additional studies after a qualified professional
prepares a site investigation that details the existing stream conditions.
(b) Where a question about the correct stream type exists, Lewis County may consult with WDFW about
the appropriate stream classification.
17.38.480 Classification of Wildlife Habitat
(1) Definitions and maps of wildlife habitat areas are based on the following documents:
(a) The United States Endangered Species Act of 1973, and species and critical habitat designed
thereunder;
(b) The 1999 Washington Department of Fish and Wildlife Priority Habitats and Species List;
(c)The 1997 Management Recommendations for Washington's Priority Habitats;
(d)The list of best available science references maintained by the responsible official; and
(e) Associated GIS data files maintained by Lewis County GIS Department.
(2) Updated as Needed. Maps supporting this chapter may be updated and/or re-evaluated as new
information comes available.
17.38.490 Inconsistencies between Conditions on Ground and Mapping
(1) Determining Site-Specific Applicability. In the event of inconsistencies, official habitat area definitions
shall prevail over countywide maps in determining applicability of this chapter. The county shall follow
the recommendations of WDFW in the interpretation of site-specific conditions as they relate to the
definition of priority habitat and species.
Ordinance Version I June 8, 2018—Page 70
APPENDIX IV-B
Aquatic Habitat Area Assessment
17.38.500 Aquatic Habitat Area Assessment
An aquatic habitat assessment describes the characteristics of the subject property and adjacent areas.
The assessment shall include the following:
(1) A site plan that shows:
(a) The site boundary lines;
(b) Existing physical features of the site including buildings, fences, and other structures, roads, parking
lots, utilities,water bodies,etc.
(c) A detailed depiction of the proposed development including features such as lot location (for land
divisions; utility location (well, septic, drainfield, etc.); parking and access location; the limits of
grading and vegetation removal; and the location of any proposed building(s).
(d) An identification of critical areas and buffers within 300 feet of the site and an estimate of the existing
approximate acreage for each. Assessment of off-site critical areas shall be based on available
information and shall not require access to off-site properties.
(2)The following additional information:
(a)The category of the aquatic habitat area and the buffer required.
(b) If an impact to the buffer or averaging is proposed, a detailed description of the effects of the
proposed development on the function and value of the aquatic habitat area and buffer, including but
not limited to:
(i) Any areas of direct disturbance;
(ii) The location and potential impacts of buffer reduction or averaging including a documentation
that the functions and values of the aquatic habitat will not be adversely affected by the
reduction or averaging;
(iii) Effects of stormwater management;
(iv) Proposed hydrologic alterations including changes to natural drainage and infiltration patterns;
(v) Effects on fish and wildlife species and their habitats;
(vi) Impacts from clearing and grading;
Ordinance Version I June 8, 2018—Page 71
(vii) Temporary construction impacts; and
(viii) Effects of increased noise, light, or human intrusion.
(3)A mitigation plan, if applicable, meeting the requirements outlined in LCC 17.38.510. [Ord. 1204 Exh.
A§2, 2008]
Ordinance Version I June 8, 2018—Page 72
APPENDIX 1V-C
Habitat mitigation plan.
17.38.514 Fish and Wildlife Habitat Mitigation Plan
When required, a mitigation plan for fish and wildlife habitat conservation areas shall meet the following
requirements:
(1)The plan shall contain sufficient information to demonstrate that the proposed activities are logistically
feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided
in the plan shall include:
(a) Basic Requirements. The plan shall include the name and contact information of the applicant; the
name, qualifications, and contact information of the primary author(s); a description of the proposal; a
summary of the impacts and proposed compensation concept; identification of all related permit(s)
required for the project; and a vicinity map for the proposal.
(b) Project Description.A project description that includes:
(i) Existing Conditions.An explanation of the existing habitat and buffer areas proposed to be
altered including items such as acreage(or square footage), vegetation, soils, landscape
position, surrounding land uses, and functions.
(ii) Plan Goals. Overall goals for the plan, including future habitat function, value, and acreage.
(iii) Mitigation Sequencing.A description of how the project design has been modified to avoid,
minimize, or reduce adverse impacts to fish and wildlife habitat.
(iv) Type and Location of Mitigation Activities.A narrative that describes the nature of mitigation
activities applicable to the proposal including:
(a) Site Treatment.A description of measures that are proposed to protect existing habitat
areas on the site including native vegetation retention, planting, invasive species
removal, placement of erosion and sediment control devices, and other best
management practices. Approaches outlined in the Washington Department of Fish and
Wildlife Integrated Streambank Protection Guidelines, the Washington Department of
Fish and Wildlife Priority Habitats and Species Management Recommendations(as
revised)and other applicable Best Available Science documents shall be used.
(b) Buffers. A description of the appropriateness of the buffer widths to protect the habitat
functions into perpetuity.
Ordinance Version I June 8, 2018—Page 73
(c) Impacts to Ecological Functions.A description of the habitat functions and values that the
proposed alteration will affect and the specific ecological functions and values that the
proposed mitigation area(s)will provide, together with a description of the recommended
mitigation ratios and an assessment of the factors that may affect the success of the
mitigation program.
(d) Expected Future Conditions. Conditions expected from the proposed actions on site,
including future habitat features, and vegetation community types by dominant species.
(e) Performance Standards. Specific measurable performance standards that the proposed
mitigation action(s)will achieve, together with a description of how the mitigation action(s)
will be evaluated and monitored to determine if the performance standards are being met;
and an identification of potential courses of action, and any corrective measures to be
taken if the monitoring or evaluation indicates that the project performance standards are
not being met. The performance standards shall be tied to and directly related to the
mitigation goals and objectives.
(f) Cost estimates for the installation of the mitigation program, monitoring, and potential
corrective actions if project performance standards are not being met.
(c)Scaled Drawings for the Project.Scaled drawings of the activities proposed including, but not limited
to:
(i) The location of the habitat area and its buffer.
(ii) Extent of clearing, grading, excavation, and construction impacts.
(iii) Existing habitat features and proposed alterations.
(iv) Proposed planting, invasive plant management, installation of habitat structures, irrigation, and
other site treatments associated with the development and the proposed mitigation action(s).
Ordinance Version I June 8, 2018—Page 74
Article V: Geologically Hazardous Areas
17.38.600 Purpose.
The purpose of this article is to minimize hazards to the public from development activities on or adjacent
to geologically hazard areas. For the purposes of this chapter, geologically hazardous areas include:
erosion hazard areas, steep slope and landslide hazard areas, seismic hazard areas, mine hazard areas,
channel migration zones, alluvial fan hazard areas and volcanic hazard areas. [Ord. 1204 Exh. A§ 2,
2008]
17.38.610 Administration.
The administration of this Article shall occur in accordance with Article I of this code and the standards
listed below.
(1) Review. The applicant shall prepare a geotechnical report consistent with the requirements in LCC
17.38.710 when required by Table 17.38-7.
(2)Qualified professional. Geotechnical reports shall be prepared by a qualified professional as defined in
LCC 17.38.110. Geotechnical reports shall include a discussion of how the project incorporates mitigation
sequencing and maintains the long-term stability of the geologic hazard (including any recommended
buffers). Geotechnical reports shall also address the potential impact of the proposed mitigation on the
hazard area, the subject property, and any affected adjacent properties.
17.38.620 Designation.
(1) Designation of Geologically Hazardous Areas. Lands that meet the criteria for geologically hazardous
areas and their buffers are presented in Table 17.38-7:
Table 17.38-7
Classification Report Required
Erosion Hazard Area 17.38.640 Within severe and very severe erosion hazard area
Steep Slope and 17.38.650 Within steep slope and landslide hazard area and buffer that is
Landslide Hazard Area equal to the largest of:
(a) Fifty(50)feet; or
(b)The vertical height of the slope multiplied by:
(i) 1 for slopes from 15 to 40 percent.
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(ii) 1.5 for slopes from 40 to 50 percent.
(iii)2 for slopes that are greater than 50 percent.
Seismic Hazard Area 17.38.660 No report is required in a seismic hazard area, though the
applicable standards in 17.38.630 must be met.
Volcanic Hazard Area 17.38.670 No report is required in a volcanic hazard area, though the
applicable standards in 17.38.630 must be met.
Mine Hazard Area 17.38.680 Within a classified mine hazard area.
Channel Migration Zone 17.38.690 Within a channel migration zone.
Alluvial Fan Hazard 17.38.695 Within 200 feet of an alluvial fan hazard area.
Area
17.38.630 Standards.
(1)Standards for Certain Geologically Hazardous Areas and their Buffers. The following standards apply
to geologically hazardous areas and their required buffers, except for alluvial fan, volcano and seismic
hazards:
(a) Development of geologically hazardous areas and their required buffers shall follow the mitigation
sequence in LCC 17.38.080(2).
(b) Where no reasonable alternative to the alteration of a potentially hazardous area is available, the
administrator may allow the development of the area when a geotechnical report, as described in LCC
17.38.710, is submitted by a qualified professional.
(c)When a geotechnical report has been submitted, the administrator may only allow the alteration when
the report shows:
(i) The site is stable under existing conditions based on a plane of failure analysis with a factor of
safety of 1.5 under seismic conditions for unconsolidated deposits or other factor of safety
relevant to the type of development and hazard.
(ii) The alteration of vegetation will not increase the probability of the failure of the geologically
hazardous area.
(iii) The proposed grading, excavation and structures will not increase the probability of the failure of
the geologically hazardous area, and the construction of facilities to reduce risk, such as
Ordinance Version 1 June 8, 2018—Page 76
drainage systems, are effective in the absence of mechanical systems and ongoing long-term
maintenance.
(iv) The development will incorporate measures to control additional erosion and deposition
downslope or downstream, and the proposed measures to control the erosion are feasible.
(v) The development will not increase the risk of geologic failure on the site or adjacent properties.
(vi) The alteration will not adversely impact other critical areas or their associated buffers, such as
wetlands, wildlife habitat areas, frequently flooded areas and critical aquifer recharge areas.
(d)The alteration may be approved, approved with conditions, or denied based on the administrator's
evaluation of the suitability of the geotechnical report and proposed mitigation measures to protect life,
safety, and stability on the subject and nearby properties.
(2) Standards for Seismic Hazard Areas. Developments that are proposed within seismic hazard areas
shall meet the applicable provisions of the International Building Code.
(3) Standards for Alluvial Fan Hazard Areas. Development is not permitted within alluvial fan hazard
areas, beyond what is allowed in the reasonable use provisions of this code.
(4) Standards for Critical Facilities. Critical facilities, as defined under LCC 17.10 (Definitions), shall only
be allowed within seismic and volcanic hazard areas. Provided that, no critical facilities shall be allowed
within 1/4 mile of an active fault or trench. When an application for a critical facility is proposed within a
seismic or volcanic hazard area, the proposal shall articulate the planned strategies to evacuate
individuals within the facility, or ensure continuity of operations, in the case of a natural hazard.
(5)Verification of Completion of Mitigation. Upon the completion of a project, a qualified professional shall
verify that any mitigation or safety measures associated with a geotechnical report have been properly
implemented in accordance with LCC 17.38.090. Depending on the nature of the mitigation (i.e. structural
versus planting (of vegetation)or small or large scale improvements), the administrator may waive the
five year monitoring timeframe that is specified within that section.
Ordinance Version I June 8, 2018—Page 77
APPENDIX V-A
CLASSIFICATION OF HAZARD AREAS
17.38.640 Classification of Erosion Hazard Areas.
(1) Erosion hazard areas are those areas that have severe or very severe erosion potential as detailed in
the soil descriptions contained in the Web Soil Survey for Lewis County, Washington. Soil Survey Staff,
Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey.
Available online at https://websoilsurvey.sc.egov.usda.gov/. Accessed 12/01/2016.
17.38.650 Classification of Steep Slope and Landslide Hazard Areas.
(1)Classification of Steep Slope Hazard Areas. Steep slope hazard areas are areas where there is not a
mapped or designated landslide hazard, but where there are steep slopes equal to or greater than a
thirty-five percent(35%)slope with a vertical relief of 10 or more feet. Steep slopes which are less than
ten (10)feet in vertical height and are not part of a larger steep slope system, and steep slopes created
through previous legal grading activity, are not regulated steep slope hazard areas. Presence of a steep
slope suggests potential slope stability problems.
(2) Classification of Landslide Hazard Areas. Landslide hazard areas are those areas meeting any of the
following criteria:
(a)Areas subject to previous slope failures, including areas of unstable old or recent landslides;
(b)Areas with all of the following characteristics:
(i) A slope greater than 15 percent;
(ii) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively
impermeable sediment or bedrock; and
(iii) Springs or ground water seepage;
(c) Slopes that are parallel or sub-parallel to planes of weakness (such as bedding planes,joint systems,
and fault planes) in subsurface materials;
(d) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking;
(e)Areas potentially unstable as a result of rapid stream incision and stream bank erosion or undercutting;
(f)Areas located in a canyon, on an alluvial fan, or presently or potentially subject to inundation by debris
flows or catastrophic flooding;
(3) Mapped Landslide Hazard Areas. Landslide hazard areas include the following mapped sources:
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(a)Areas mapped as"unstable,""landslides," and "old landslides"in the Slope Stability Study of the
Centralia-Chehalis Area, Lewis County, Washington, by Allen J. Fiksdal, Department of Natural
Resources, Division of Geology and Earth Resources, 1978.
(b)Areas included in the Landslides and Landforms maps available from the Washington Department of
Natural Resources Division of Geology and Earth Resources, dated July 2016 or as amended. Available
data was accessed from http://www.dnr.wa.gov/proqrams-and-services/geoloqv/publications-and-
data/qis-data-and-databases on December 22, 2016.
17.38.660 Seismic Hazard Areas.
(1)Classification of Seismic Hazard Areas. Seismic hazard areas are locations subject to severe risk of
damage as a result of earthquake-induced soil liquefaction, ground shaking amplification, slope failure,
settlement, or surface faulting.
(a)All structures that require a building permit within Lewis County are required to be consistent with the
D1 seismic zone(as specified in the International Building Code).
(b)Active faults or trenches are considered seismic hazards.
(c)Areas of known faults and soil liquefaction hazards are depicted in Ground Response Geographic
Information System data dated June 2010 and Seismogenic Features data dated April 2016 and retrieved
from the Washington Department of Natural Resources Division of Geology and Earth Resources.
Available data was accessed from http://www.dnr.wa.gov/proqrams-and-services/geoloqv/publications-
and-data/qis-data-and-databases on December 22, 2016.
17.38.670 Volcanic Hazard Areas.
(1) Classification of Volcanic Hazard Areas. Volcanic hazard areas are locations where the risk to life and
property by a large volcanic event is high. For the purpose of these regulations, damage from lahars and
near volcano hazards constitute the primary volcanic hazards. Volcanic tephra (ash), while disruptive and
potentially dangerous, is not considered a volcanic hazard that is subject to these regulations.
(a) Volcanic Hazard Areas are shown on maps available from the United States Geological Service
(USGS)Volcano Hazards Program. Data was accessed from https://volcanoes.usqs.qov/volcanoes/on
January 3, 2017. Maps for Mount Rainier, Mount Saint Helens and Mount Adams are dated March 2014.
17.38.680 Mine Hazard Areas.
(1)Classification of Mine Hazard Areas. Mine hazard areas are those areas within 100 horizontal feet of a
mine opening at the surface or which are underlain at a depth of 300 feet or less by mine workings.
Known locations of historic mines are identified in the Washington State Department of Natural
Resources, Division of Geology and Earth Resources, Open File Report 94-7; The Washington State
Coal Mines Map Collection: A Catalog, Index, and User's Guide, by H.W. Schaase, M. Lorraine Koler,
Ordinance Version June 8, 2018—Page 79
Nancy A. Eberle, and Rebecca A. Christie, 1994, 107 pages; Open File Report 84-6, Inventory of
Abandoned Coal Mines in the State of Washington, by F.V. LaSalata, M.C. Meard, T.J. Walsh, and H.W.
Schaase, 1985, 42 pages; and specific maps and surveys of mine workings on file with the Division of
Geology and Earth Resources.
17.38.690 Channel Migration Zones.
(1) Classification of Channel Migration Zones. Channel migration zones are areas within which a river
channel can be expected to migrate over time due to hydrologically and geomorphologically related
processes.
(2) Mapped channel migration zones are based on:
(a)The location of severe and moderate channel migration areas as identified with the report: Channel
Migration and Avulsion Potential Analyses: Upper Nisqually River, Pierce County, Washington, produced
by GeoEngineers for Pierce County Public Works and Utilities, Water Programs Division, 2007, 59 pages;
or as revised.
(b)The location of severe and moderate channel migration areas identified within the report: Geomorphic
Evaluation and Channel Migration Zone Analysis Addendum: Cowlitz River, near Packwood and Randle,
Lewis County, Washington, produced by GeoEngineers for the Lewis County Public Works Department,
2009, 76 pages; or as revised.
(c)The location of historical migration zones (HMZ), avulsion hazard zones (AHZ), and erosion hazard
areas(EHA)within the report Reach Analysis and Erosion Hazard Management Plan: Cispus River from
River Mile 12.3 (Greenhorn Creek)to River Mile 17.6 (Cispus Road Bridge), prepared by Herrera
Environmental Consultants, Inc. for the Lewis County Public Works Department, 2004, 105 pages; or as
revised.
(d)The location of the channel migration area identified for Rainey Creek within the report: Geomorphic
Evaluation and Channel Migration Zone Analysis, Lewis County, Washington, produced by GeoEngineers
for the Lewis County Public Works Department, 2003, 52 pages; or as revised.
(e)The location of a channel migration zone may be modified by the administrator based on a study
provided by an applicant and prepared by a qualified professional that demonstrates there are specific
geologic, landform, hydraulic, sediment transport, or other factors that demonstrate that a specific area is
not in the channel migration zone. Such a study shall be developed in accordance with Best Available
Science and investigate areas upstream and downstream of the review site that could influence the
migration of the channel and the channel migration corridor.
17.38.695 Alluvial Fan Hazards.
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(1) Classification of Alluvial Fan Hazards. Alluvial fan hazard areas are low, outspread, relatively flat to
gently sloping deposits of sediments and organic debris, shaped like an open fan or segment of a cone,
deposited by streams or debris flows where they issue from narrow, steep valleys upon a plain or broad
valley or wherever the gradient of the stream suddenly decreases.
(2)A single mapped alluvial fan hazard area is depicted in Geomorphic Evaluation and Channel Migration
Zone Analysis Addendum: Cowlitz River, near Packwood and Randle, Lewis County, Washington,
produced by GeoEngineers for the Lewis County Public Works Department, 2009, 76 pages. Additional
research is necessary to identify the location, presence, and potential risk of other alluvial fan hazards.
Ordinance Version l June 8, 2018— Page 81
APPENDIX V-B
GEOTECHNICAL REPORT
17.38.710 Geotechnical report.
(1)When a site proposed for development or alteration is located or may be located within a geologically
hazardous area or its buffer, or will negatively impact a geologically hazardous area, the administrator
shall have the authority to require the submittal of a geotechnical report.
(2)A geotechnical report is an evaluation of the geologic characteristics of the subject property and
adjacent areas. A geotechnical report shall include a field investigation and may include an analysis of
historical aerial photographs, review of public records and documentation, and interviews with adjacent
property owners.
(3)Submittal requirements will vary depending on the type of project and the type of hazard mitigations
that are proposed. The administrator may waive parts of the submittal requirements if he/she determines
that they are not applicable to the proposed activity.
(4) Submittal Requirements. The following submittals may be required for a geotechnical report.
(a) A site plan that shows:
(i) The site boundary lines.
(ii) Existing physical features of the site including buildings,fences, and other structures, roads,
parking lots, utilities, water bodies, etc.
(iii) A detailed depiction of the proposed development including features such as lot location (for
land divisions); utility location (well, septic, drainfield, etc.); parking and access location; the
location of any proposed building(s); and the limits of grading and vegetation removal.
(iv) An identification of critical areas and buffers within 300 feet of the site and an estimate of the
existing acreage for each. The assessment of off-site critical areas shall be based on available
information and shall not require access to off-site properties.
(b) Site geology information:
(i) Topographic contours at two(2)foot intervals or as specified by the responsible official.
(ii) Subsurface data including the exploration method, location of soil borings, borings, logs, soil and
rock stratigraphy, and groundwater levels including seasonal changes.
(iii) The location of landslides,or down-slope soil movement,faults, and geologic contacts on the
subject property and adjacent properties.
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(iv) A site history that describes any prior grading, soil instability and/or slope failure.
(v) A description of the site vulnerability to seismic events.
(c)Geotechnical Information and Plan Requirements:
(i) A slope stability study and opinion of slope stability on the subject property and adjacent
properties.
(ii) A grading plan, including road profiles.
(iii) Structural foundation requirements and estimated foundation settlements.
(iv) Soil compaction criteria.
(v) Allowable soil-bearing pressure for foundations, minimum footing widths, piling
recommendations for foundations, and design pressure for retaining walls.
(vi) Laboratory data and soil index properties for soil samples.
(vii) Suitability for fill.
(viii)Lateral earth pressures.
(ix) A description of erosion vulnerability and an erosion control plan, including measures to reduce
the impacts of erosion on neighboring critical areas.
(x) An evaluation of proposed surface and subsurface drainage, and a drainage control plan.
(xi) Building limitations.
(xii) A vegetation management and restoration plan or other means to maintain long-term stability of
the hazardous areas and their buffers.
(d)A site evaluation that describes the suitability of the site to accommodate the proposed activity.
(e)Such additional information describing existing physical features of the site and the surrounding area
as required by the responsible official to complete a review of the project.
17.38.720 Standards for mine hazard studies.
(1) Mine Hazard Study. A mine hazard study shall include the items in LCC 17.38.710, all available
documentary information about historic or current mine workings, and the results of a surface
reconnaissance that identifies any mine hazards, mine waste dumps, or evidence of mine subsidence or
sinkholes.
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(1)The study shall include:
(a) Historical mining data, including available copies of the original mine records for mine workings.
(b)A map showing property boundaries, mine hazard boundaries, and any potential hazards identified on
or within 100 feet of the property.
(2)The study shall occur in accordance with the best available science for mine hazards and consider,
among other items:
(a) Shallow hazards such as entry portals, shaft collars, ventilation shafts, prospects, and mine waste.
(b) Potential trough subsidence.
(c) Potential sinkhole hazards.
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Article VI: Critical Aquifer Recharge Areas
17.38,800 Purpose.
The purpose of this article is to:
(1) Prevent the significant degradation of the quality and quantity of groundwater resources.
(2) Recognize the potential connection between surface and ground waters.
(3)Comply with Chapter 90.48 RCW, the Water Pollution Control Act of the state of Washington. [Ord.
1204 Exh.A§2, 2008]
17.38.810 Administration
(1)Administration of this chapter shall occur in accordance with Article I of this code.
(a)Applicability. Development activities listed in 17.38.830(2)that are located in a critical aquifer recharge
area shall require the submittal of a critical aquifer recharge area report; provided, that the regulations
shall not apply to land uses and/or activities that exist as of the date of the regulation. Expansion of the
scale or intensity of an existing use that is listed in 17.38.830(2)shall require the submittal of a critical
aquifer recharge area report.
(b)Report requirements.The requirements for a critical aquifer recharge area report are included in LCC
17.38.860.
17.38.820 Designation.
(1)Critical aquifer recharge areas are categorized as follows in Lewis County:
(a)Category I—Category I critical aquifer recharge areas are those areas that are:
(I) Within a mapped 10-year time-of-travel area for a Group A public water system. If the 10-year
time-of-travel area is not available, the location of the Category I area shall be determined
based on the largest mapped time-of-travel area available.
(ii) Within a mapped one year time-of-travel area for a Group B public water system. If the
location of the time-of-travel area is not mapped, the distance shall be based on the
Washington State Department of Health"assigned time-of-travel"area.
(b)Category II—Category II critical aquifer recharge areas are those areas with highly permeable soils
that provide rapid recharge with limited groundwater protection. Predominant soil series and types are
those listed as Category II soils in LCC 17.38.850.
(c)Category III—Category III, moderate aquifer sensitivity areas, are those locations with aquifers
present, but which have a surface soil material that encourages run-off, slows water entry into the ground,
or provides some filtration of water. Predominant soil series and types are those listed as Category III
soils in LCC 17.38.850.
Ordinance Version I June 8, 2018—Page 85
(2) If an applicant can demonstrate, through a valid hydrogeological assessment, that a property does not
meet the criteria for a Category I, I1 or III critical aquifer recharge area, the administrator may waive the
requirements of this section.
17.38.830 Standards
(1) Prohibited activities. The following activities are prohibited in Category I and II areas due to the
probability or potential magnitude of adverse effects on groundwater:
(a)Landfills, including, but not limited to, hazardous or dangerous waste disposal facilities as defined in
Chapter 173-303 WAC, municipal solid waste landfills as defined in Chapter 173-351 WAC, and limited
purpose landfills as defined in Chapter 173-350 WAC.
(b)Underground injection wells, such as:
(i) Agricultural drainage wells.
(ii) Untreated sewage waste disposal wells.
(iii) Cesspools.
(iv) Industrial process water and disposal wells.
(c)Wood product preserving or treatment facilities that allow any portion of the treatment process to occur
over permeable surfaces(both natural and manmade).
(d) Facilities that store, process, or dispose of radioactive substances.
(e) Dry cleaners or other facilities that store, process, or dispose of chemicals containing
perchloroethylene(PCE)
(f) Gas stations or other facilities that utilize methyl tertiary butyl ether(MTBE).
(g) Electroplating facilities.
(h) Other activities that the administrator or health officer determines would:
(i) Significantly degrade groundwater quality;
(ii) Significantly reduce the recharge of aquifers that are currently used or potentially usable as a
potable water source; or
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(iii) Significantly reduce the recharge of an aquifer that acts as a significant source of in-stream
river or stream flows.
(iv) Determination of these potential impacts must be made based on credible scientific
information.
(2)Permitted Activities. The following activities are allowed subject to the submittal of an approved critical
aquifer recharge area report; provided,that the proposed use is not prohibited in the critical aquifer
recharge area in 17.38.830(1)and the use is permitted within the underlying zoning designation:
(a)Above-and below-ground storage tanks(tanks and pipes used to contain an accumulation of
regulated substances).
(b)Animal feedlots,animal feeding operations/concentrated animal feeding operations(new or expanded
uses).
(c) Below-ground transformers and capacitors.
(d)Chemical manufacturing, storage, reprocessing and/or research.
(e) Development with an on-site domestic septic system at a gross density greater than one system per
residence per acre.
(f)Dry cleaners.
(g) Facilities that conduct biological research.
(h) Facilities that store, process, or dispose of radioactive substances.
(i) Funeral services.
(j)Gas stations.
(k)Golf courses.
(I) Industrial activities such as furniture strippers, painters, finishers; concrete, asphalt,tar, coal, and
creosote companies; industrial manufacturers, including but not limited to pesticides/herbicides, paper,
leather products,textiles, rubber, plastic/fiberglass, silicone/glass, pharmaceuticals, electrical equipment;
metal platers, heat treaters, smelters, annealers, descalers.
(m) Injection wells.
(n) Land application activities such as waste-water application (spray irrigation), bio-solid application and
hazardous waste application.
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(o) Landfills.
(p) Medium and large quantity generators (dangerous, acutely hazardous, and toxic extremely hazardous
waste).
(q) Motor vehicle service garages, repair shops, gasoline service stations, auto-washing facilities and/or
auto recycling facilities(both private and governmental).
(r)Petroleum and petroleum product refining, including reprocessing.
(s)Pipelines.
(t)Printing and publishing shops (that use printing liquids)and/or photographic processing.
(u) Regulated waste treatment, storage, disposal facilities that handle hazardous material, including those
disposal facilities regulated under an NPDES permit.
(v)Sawmills(producing over ten thousand (10,000)board feet per day).
(w)Solid waste handling and processing.
(x)Surface mining.
(y)Wood product preserving or treatment facilities.
(z)Other uses deemed necessary by the administrator.
17.38.840 Conditions
(1) Required conditions. Proposed uses and/or activities in critical aquifer recharge areas shall be
constructed in accordance with applicable local, state and federal regulations, best management
practices, and the guidance and recommendations from the approved critical aquifer recharge area
report. A partial list of standards and best management practices for regulated activities are shown in
LCC 17.38.870.
(2) If the administrator determines that an additional level of protection for a critical aquifer recharge area
is necessary, beyond the best management practices and standards listed in LCC 17.38.870, the
administrator may impose additional conditions that ensure that the specific use or activity will not
significantly degrade groundwater quality or quantity. Such conditions may include, but are not limited to,
the following:
(a)The use of site design or other approaches that limit the amount of impervious surfaces on a project
site.
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(b)The preparation of a written management plan for wastewater, hazardous products and hazardous
waste, petroleum products and petroleum waste, and/or other materials judged by the administrator to be
potentially detrimental to groundwater quality.
(c)The provision of or required upgrade to on-site spill response equipment.
(d)The use of employee spill response training.
(e) Emergency service coordination measures.
(f) Groundwater monitoring.
Ordinance Version I June 8, 2018—Page 89
APPENDIX VI-A
Aquifer Sensitivity Rating for Lewis County Soil Types
17.38.850 Aquifer Sensitivity Rating for Lewis County Soil Types
Soil
Survey
Map Soil Name Category
Number
4 Aquic Xerofluvents,overflow 2
23 Bromo very cindery sandy loam,0 to 8 percent slopes 3
49 Cinebar silt loam,0 to 8 percent slopes 3
57 Cispus cindery sandy loam,0 to 8 percent slopes 2
58 Cispus cindery sandy loam,8 to 15 percent slopes 2
59 Cispus cindery sandy loam, 15 to 30 percent slopes 3
61 Cloquato silt loam 2
91 Glenoma very cindery loam 2
92 Greenwater loamy sand 2
104 Indianola loamy sand 2
123 Ledow sand 2
135 National cindery sandy loam,0 to 8 percent slopes 2
136 Nesika loam, 2 to 5 percent slopes 2
138 Netrac sand, 2 to 5 percent slopes 2
139 Netrac sand,5 to 15 percent slopes 2
140 Nevat sand,5 to 15 percent slopes 3
141 Nevat sand, 15 to 30 percent slopes _ 3
148 Newberg fine sandy loam 2
149 Nisqually loamy sand 2
187A Pilchuck loamy fine sand,0 to 3 percent slopes 2
166 Pits 2
180 Riverwash 2
206 Siler fine sandy loam 2
207 Siler silt loam 2
212 Spanaway gravelly sandy loam 2
242 Winston loam,0 to 8 percent slopes _ 2
243 Winston gravelly loam,0 to 8 percent slopes 2
244 Winston gravelly loam,8 to 15 percent slopes 2
247 Xerorthents,spoils 3
267A Udifluvents, moist,0 to 8 percent slopes 2
Ordinance Version I June 8, 2018—Page 90
APPENDIX VI-B
Critical Aquifer Recharge Area Report Requirements
17.38.860 Critical Aquifer Recharge Area Report Requirements
Critical aquifer recharge area reports shall include the following site-and proposal-related information
unless the administrator determines that any portion of the requirements is unnecessary given the scope
and/or scale of the proposed development:
(1) A site plan that shows:
(a) Existing physical features of the site including buildings, fences, and other structures, roads, parking
lots, utilities, water bodies, etc.
(b)A detailed depiction of the proposed development including features such as utility location (well,
septic, drainfield, etc.); parking and access location; the limits of grading and vegetation removal; and the
location of any proposed building(s).
(c)An identification of critical areas and buffers within 300 feet of the site and an estimate of the existing
approximate acreages for each. Assessment of off-site critical areas shall be based on available
information and shall not require access to off-site properties.
(2)The following additional information:
(a)Available information regarding geologic and hydrogeologic characteristics of the site, including the
surface location of all critical aquifer recharge areas on-site and immediately adjacent to the site, the
permeability of the unsaturated zone, and the presence of any confining layers.
(b)Groundwater depth, flow direction and gradient based on available information.
(c) Currently available data on wells and springs within 1,320 feet of the project area.
(d) Existing and available historic water quality data for the area to be affected by the proposed activity.
(e)The effects of the proposed project on groundwater quality and quantity, including:
(i) Potential effects to stream flow, wetlands and/or other resources, and ecosystem processes.
Ordinance Version I June 8, 2018—Page 91
(ii) A predictive evaluation of groundwater withdrawal effects on nearby wells and surface water
features.
(iii) A predictive evaluation of the transport of contaminants to ground waters in the event of a spill
based on existing confining layers, the availability of centralized wastewater treatment, the
nature of the chemicals and/or processes utilized in the proposed activity, and other features.
(f) Proposed best management practices to preserve groundwater quality and quantity, including how the
proposal meets any local, state or federal guidance or standards.
(g)A spill plan that identifies equipment and/or structures that could fail and result in an impact to
groundwater. Spill plans should include emergency response provisions as well as items that address
regular inspection, and the repair and/or replacement of structures and equipment that could fail.
Ordinance Version I June 8, 2018—Page 92
APPENDIX VI-C
Regulated Activities and Best Management Practices in Critical Aquifer Recharge
Areas
17.38.870 Regulated Activities and Best Management Practices in Critical Aquifer Recharge Areas
Activity_ Statute-Regulation•Guidance
Above Ground Storage Tanks Chapter 173-303-640 WAC
—
Animal Feedlots,Animal Feeding Chapter 173-216 WAC, Chapter 173-220 WAC,
Operations/Concentrated animal feeding operations Final Rule 40 CFR Parts 9, 122, 123,and 412
Automobile Washing facilities Chapter 173-200 WAC, Chapter 173-216 WAC, Best
Management Practices for Vehicle and Equipment
Discharges(Washington Department of Ecology WQ-R-
95-56)
I Below Ground Storage Tanks Chapter 173-360 WAC, Chapter 90.76 RCW,
RCW 43.131.394
Chemical Treatment Storage and Disposal Facilities Chapter 173-303 WAC
Dangerous waste Chapter 70.105 RCW,chapter 173-303 WAC
Injection Wells Federal 40 CFR Parts 144 and 146, Chapter 173-
218 WAC
Junk Yards and Salvage Yards Chapter 173-304 WAC, Best Management Practices to
Prevent Stormwater Pollution at Vehicles Recycler
Facilities(Washington State Department of Ecology 94-
146)
On-Site Sewage Systems(Large Scale> 3,500 Chapter 173-240 WAC, Chapter 246-272 WAC,
gal/day) Chapter 246-272B WAC, Lewis County Code
A single or multiple small on-site sewage systems Chapter 246-272 WAC, Chapter 246-272A WAC, Lewis
with a combined design volume of greater than 3,500 County Code
gal/day
Pesticide and Fertilizer Storage and Use Chapter 15.54 RCW, Chapter 17.21 RCW
Reclaimed water for groundwater recharge Chapter 90.46 RCW
Sawmills Chapter 173-303 WAC,Chapter 173-304 WAC, Best
Management Practices to Prevent Stormwater Pollution
at Log Yards(Washington State Department of Ecology,
95-53)
Ordinance Version June 8, 2018–Page 93
Activity Statute-Regulation-Guidance
Solid Waste Handling and Recycling Facilities Chapter 173-304 WAC
Surface Mining Chapter 78.44 RCW,Chapter 332-18 WAC
Wastewater Application to Land Surface Chapter 173-216 WAC, Chapter 173-200 WAC,
Washington State Department of Ecology Land
Application Guidelines,Best Management Practices for
Irrigated Agriculture
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Article VII. Frequently Flooded Areas
17.38.900 Purpose.
The purpose of this Article is to help the public and private sectors avoid losses due to flood conditions in
specific areas. [Ord. 1204 Exh. A§ 2, 2008]
17.38.910 Classification.
For the purposes of this chapter, frequently flooded areas within Lewis County shall be classified using
the following criteria: frequently flooded areas shall be those lands, identified by the Federal Emergency
Management Agency, as falling within the 100-year frequency floodplain in the Flood Insurance Study for
Lewis County, Washington, Unincorporated Areas, the most current version thereof, with accompanying
flood insurance rate maps and floodway maps or the best available information based on past flood
records or special studies. [Ord. 1204 Exh. A§ 2, 2008]
17.38.920 Designation.
Lands within Lewis County meeting the classification criteria for frequently flooded areas are hereby
designated and subject to the standards and requirements set forth below. [Ord. 1204 Exh. A§2, 2008]
17.38.930 Standards for permit decisions.
Development within designated frequently flooded areas shall be in compliance with Chapter LCC,
as now or hereafter amended, and/or the Lewis County shoreline master program, as now or hereafter
amended. [Ord. 1204 Exh. A§2, 2008]
Ordinance Version I June 8, 2018—Page 95
Article VIII. Miscellaneous Provisions
17.38.1000 Nonconforming activities.
An established use or existing structure that was lawfully permitted prior to adoption of the ordinance
codified in this chapter, but which is not in compliance with this chapter, shall be processed under this
Article and not under Chapter 17.155 LCC. The nonconforming activity may continue subject to the
following:
(1)Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity
without a permit or other approval issued pursuant to the provisions of this chapter.
(2) Existing structures shall not be expanded or altered in any manner which will increase the
nonconformity without a permit or other approval that is issued pursuant to the provisions of this chapter.
(3)Activities or Uses Which Are Abandoned. Uses discontinued for 36 months shall be presumed to be
abandoned, though such presumption may be rebutted. Abandoned uses or structures are allowed to
resume only if in compliance with this chapter.
(4) Nonconforming structures destroyed by fire, explosion, or other disaster may be replaced or restored if
reconstruction of the same facility is commenced within 24 months of such damage. Reconstruction or
restoration shall not serve to expand, enlarge, or increase the extent of the nonconformity, except as
provided in subsection (2)of this section. [Ord. 1269§26, 2016; Ord. 1204 Exh. A§2, 2008]
17.38.1010 Reasonable use and variances.
Permit applicants who are unable to comply with the specific standards of this chapter may seek approval
pursuant to the reasonable use or variance standards and procedures provided for in this section.
Approval may be granted if the proponent demonstrates that the application of the standards of this
chapter would constitute an extraordinary hardship for the proposal, and the following reasonable use or
variance standards are met:
(1) Reasonable Use Standard. This chapter is not intended to preclude all reasonable economic use of a
property. If the application of this chapter would deny all reasonable economic use of a subject property,
including agricultural use, a use or development shall be allowed if the applicant submits a report,
prepared by a qualified professional, that demonstrates the following to the satisfaction of the
administrator:
(a)That there is no portion of the site where the provisions of this chapter allow reasonable
economic use, including agricultural use or the continuation of legal nonconforming uses;
(b)That there is no feasible alternative to the proposed activities, including locating the activity on a
contiguous parcel that has been under the ownership or control of the applicant since the effective
date of the ordinance codified in this chapter, changing the use, reducing the density, phasing the
project implementation, changing the timing of activities, revising road and lot layout, and/or related
Ordinance Version I June 8, 2018—Page 96
site planning considerations, that would allow a reasonable economic use with less adverse
impacts to the critical area and its related buffer;
(c)That the proposed activities will result in the minimum feasible alteration or impairment to the
critical area's functional characteristics and existing environment;
(d)That the disturbance of critical areas has been minimized by locating any necessary alteration
as far as possible from critical areas and the project employs all reasonable methods to avoid or
mitigate adverse effects on critical area functions and values, including maintaining existing
topography and hydrology and maintaining or enhancing existing vegetation through site planning
including the location of a road or driveway. Disturbances or activities shall be located in a related
buffer rather than a critical area to the extent possible;
(e)That the proposed activities will not jeopardize the continued existence of habitats or species
listed by the federal or state government as endangered, threatened, or sensitive;
(f)That the proposed activities will not significantly affect the quality of ground or surface water;
(g)That the proposed activities will comply with all federal, state, and local laws and regulations,
including those related to sediment control, pollution control,floodplain restrictions, and on-site
wastewater disposal;
(h)That any and all alterations to critical areas and their related buffers will be mitigated as required
by the provisions of this chapter;
(i)That there will be no injury to nearby public or private property and no significant effect upon the
health, safety, or welfare of persons within or outside of the property; and
(j)That the inability to derive reasonable economic use of the property is not the result of deliberate
actions by the applicant or prior owners after the effective date of the ordinance codified in this
chapter.
(2) Reasonable Use Process.
(a)The director may approve a single-family dwelling, on property that is under one ownership as
of the effective date of the ordinance, as part of Type I permit(per LCC 17.05).
(b)Other requests for reasonable use permits shall be processed in accordance with the permit
review type for the underlying permit application.
(3)Variance Standards. In cases where the reasonable use criteria do not apply, an individual may seek
a variance from the other standards of this chapter. The variance may be approved when an applicant
submits a report that has been prepared by a qualified professional and complies with the procedures and
criteria in Chapter 17.162 LCC. [Ord. 1269§27, 2016; Ord. 1204 Exh. A§ 2, 2008]
Ordinance Version I June 8, 2018—Page 97
17.38.1020 Land division.
(1) Standards for Wetlands, Fish and Wildlife Habitat Areas, and Geologically Hazardous Areas, except
for Seismic Hazards and Volcanic Hazards.
(a) Land division. Where a land division is proposed for a site with a critical area and/or its buffer,
the development shall be designed to avoid the need to impact the features.
(i) Each lot created through a land division must be sufficiently sized to accommodate all
necessary facilities and site amenities required for the property outside of the critical area
and required buffers, unless methods to mitigate the impacts to the buffers are identified.
Potential facilities and site amenities to consider include, but are not limited to: the
location of the well and the buffer for the well, the septic system and required drainfields,
the building, and any needed parking facilities.
(ii) Clustering may be used as a means to group development sites away from critical areas
and their buffers.
(b)Easements or Tracts. Prior to the final approval of any land division, the part of the critical area
and required buffer that is located on the site shall be protected by clearly showing the boundary of
the critical area and its buffer and placing a restriction on the use of the area. Critical areas may be:
(i) Noted on the face of a plat with a description of the restriction of the use of the area;
(ii) Covered by a protective easement, or public or private land trust dedication;
(iii) Preserved through an appropriate permanent protective mechanism that provides the
same level of permanent protection as designation of a separate tract or tracts as
determined by the administrator or hearing examiner.
(2)Standards for Frequently Flooded Areas
(a)Compliance with flood standards. All land divisions in frequently flooded areas shall be designed in
accordance with LCC 15.35.230.
(3)Standards for Critical Aquifer Recharge Areas
(a)All land divisions in critical aquifer recharge areas shall meet the relevant requirements in Article VI.
17.38.1030 Building setbacks.
(1)To protect vegetation and other critical area features, buildings and other structures shall be set back
a minimum of 15 feet from the edge of the critical area buffer, or from the edge of a critical area where no
buffer is required. This provision shall only apply to features in or near wetlands, wildlife habitat areas,
and geologically hazardous areas, except for seismic and volcanic hazards.
Ordinance Version I June 8, 2018—Page 98
(2)This provision may be modified by the administrator upon the submittal of a specific construction
proposal by the applicant that demonstrates that the critical area or buffer will not be disturbed.
(3)The following uses shall be allowed in the building setback:
(a) Landscaping;
(b)Uncovered decks;
(c) Building overhangs;
(d) Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such
surfaces conform to the applicable water quality standards and that construction equipment does
not enter or damage the buffer or critical area;
(e)Clearing and grading; and
(f)Wells.
17.38.1040 Notice of proximity to critical areas.
(1)Properties located in critical areas or their buffers shall receive notice of their proximity to the critical
area. This notice shall note the general presence of a critical area or buffer on the property, and the fact
that limitations on actions in or affecting the critical area or buffer exist.
(2)The notice shall occur in the following manner:
(a)For building or development permits,this notice shall be provided as a condition of permit
approval.
(b)Where the approval is a subdivision or binding site plan, the notice shall be recorded on the face
of the plat.
SECTION 5. Section 17.40.030 (Definitions) is repealed in its entirety.
SECTION 6. Section 17.80.020 (Definitions) is repealed in its entirety.
SECTION 7. Section 17.110.040 (Additional Definitions) is repealed in its entirety.
SECTION 8. All provisions of the Lewis County Code not specifically addressed herein shall remain in
full force and effect.
SECTION 9. If any part of this ordinance is found to be invalid by a court of competent jurisdiction, the
remainder of the ordinance shall remain valid and continue in full force and effect.
Ordinance Version f June 8, 2018—Page 99
SECTION 10. This ordinance is in the public interest and shall be effective on July 1, 2018.
PASSED IN REGULAR SESSION THIS DAY OF d' / ,2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
•
By: Eric Eisenberg, Deputy Prosecuting :na . Fund, Ch it
Attorney
ATTEST: Robert C. ac son, Vice Chair
Rieva Lester, Clerk of the Board Gary tamp r, Commissioner
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Ordinance Version I June 8, 2018—Page 100
ATTACHMENT C
CRITICAL AREAS ORDINANCE
REVISION NOTES
The following items list major changes that have been made between the existing Lewis County Critical
Areas Ordinance and the proposed revisions to the standards. Where the number 17.35A is cited,the
number refers to the existing code. Where the number 17.38 is used, it refers to the proposed changes.
Article I —Administration Section
The changes to the Administration section are primarily intended to clarify the permitting process to
promote a clear and uniform procedure to review permits. Primary changes to the section include:
1. Grouping the existing Article I (Sections 17.35A.010 through 17.35A.060) and Article Ill (Sections
17.35A.430 through 17.35A.578) and removing the redundancies.
2. Establishing a uniform permit review procedure (see 17.38.050). The process would establish a
clear system for critical area review to encourage more consistent permitting for projects.
3. Moving Nonconforming Activities (17.35A.520) and Reasonable Use and Variances (17.35A.530)
from the existing Article Ill (General Requirements)to a new Article IX (Miscellaneous
Provisions).The change would group the various miscellaneous provisions in one location.
4. Moving the general content for critical area reports (17.35A.573)to the specific sections for
each critical area (see 17.38.070).The changes would group all of the requirements for reports
under the specific requirements for the various critical areas.
5. Moving the general mitigation requirements (17.35A.575)to the standards for each critical area
(see 17.38.080). The changes would group all the standards for the mitigation of impacts under
the specific requirements for the various types of critical areas.
Article 2—Activities Allowed without a Critical Areas Permit
The proposed Article 2 within the draft code would be new and utilize, as its basis, much of the
suggested language within the Wetlands Guidance for CAO Updates created by the Department of
Ecology,The Article would additionally incorporate some of the existing language from 17.35A.450.
Standards would be sorted by the items that are applicable to the various critical areas.
Article 3 —Wetlands
The changes to the Wetlands section are intended to: provide better integration with the Administration
section; revise the ratings and rating system associated with the shift to the 2014 Update to the
Washington State Wetland Rating System for Western Washington; adjust wetland buffers to
correspond with Department of Ecology recommendations, and provide additional methods to reduce
or average buffers.
Changes include:
1. Adding a purpose section (17.38.200).
2. Tying the Administration for wetlands (17.38.210) into the larger Administration Section (Article
I).
March 5, 2018—Page 1
3. Removing the allowance of a reduced buffer for single-family development in sites greater than
five acres that are located near aquatic habitat areas (17.35A.680(2)).
4. Articulating a standard threshold for when critical area reports are required for streams and
lakes (17.38.410(1)(a)).
5. Adding alternatives to reduce buffers for aquatic habitat (in 17.38.430). Potential buffer width
reduction options would be similar to the standards within the draft Wetlands section and
would allow reduced aquatic buffers when existing habitat is already disturbed (or likely to be
disturbed), such as in areas where a critical area is separated from a development site by a road,
or in locations where adjacent development already hampers the functions and values of a
habitat buffer. The draft would additionally allow applicants the opportunity to mitigate any
project that is required to be sited within an aquatic habitat area, so long as mitigation
sequencing occurs (see 17.38.410(1)).
6. Removing the specific instances that allow increased aquatic buffers within the Aquatic Habitat
areas (17.35A.682). The general standards included in Article I would continue to allow the
administrator to increase the riparian buffers when necessary (17.38.050(1)(a)(iv)).
7. Removal of the specific performance standards for various uses that are proposed within the
buffer(see 17.35A.683 through 17.35A.685).The specific standards would be replaced by the
requirement for an assessment or a mitigation report that would specify the methods to limit
the potential impacts of the proposed development(17.38.410 and 17.38.500 through
17.38.510).
8. Replacing the "Review and Reporting Requirements" in 17.35A,691 with the "Aquatic Habitat
Area Assessment" requirements in 17.38.500 and "Habitat Mitigation Plan" requirements in
17.38.510.The changes would provide clearer guidance on the details that should be submitted
in habitat assessments and mitigation plans.
9. Replacing the "References"section (17.35A.700).with the section called "Mapping of Known
Critical Areas" in Article I (17.38.040).The "Mapping of Known Critical Areas"section would be
applicable to the entire Critical Areas Ordinance.
10. Including "Designated Wildlife Areas"within the code (17.38.420), as required under WAC 365-
190-130(2)(h). Within the draft, no buffers would be required from the designated wildlife
areas, as the areas are expected to be sized appropriately to preserve the species that the
wildlife area is designed to protect.
11. Removing the "Protection"standards for Wildlife Habitat Areas (17.35A.750). The proposed
ordinance would rely on the Washington Department of Fish and Wildlife standards and the
standards in LCC 17.38.410(1)(b)to address the protection of wildlife habitat areas.
12. Replacing the Wildlife Habitat Assessment Report requirements (in 17.35A.751) with the review
process in 17.38.410(1)(b).The proposed change would better capture how Lewis County
currently coordinates the permit review with the WDFW.
13. Removing the sections related to"Mitigation Conditions" (17.35A.690 and 17.35A.760).
Principles contained within the sections would be addressed within the proposed section
17.38.080(2)for the entire Critical Area Ordinance. Standards for Habitat Mitigation projects
would also be included within 17.38.510.
Items that have remained the same within the section include:
March 5, 2018—Page 3
•
i
1. Revising the categorization system for Critical Aquifer Recharge Areas. This revision would:
include Wellhead Protection Areas, as recommended within the 2006 Best Available Science
Review;and refresh the soil layer that is used to determine key recharge areas (to see the soil
lists compare 17.35A.850 and 17.38.850).
2. Revising the list of prohibited uses and uses that are allowed with the submittal of a report
within the code (17.35A.880 and 17.38.830). This list of prohibited uses, and uses allowed with
the submittal of a report, would blend many of the items within the existing LCC 17.35A with
items found within the Clark County Code. Staff felt that listing a variety of the potential uses
that would require review was preferable to not listing any uses and requiring review on an as
needed, project-by-project basis (as is done in other counties).
3. Removing specific performance standards for a variety of uses(17.35A.880), and requiring the
submittal of a report that explains how potential adverse impacts would be minimized and
mitigated (17.38.860).
Article 7— Frequently Flooded Areas
No changes are proposed for this section.
Article 8 — Miscellaneous Provisions
The Miscellaneous Provisions chapter attempts to consolidate many existing sections within the current
Critical Areas Ordinance.
Major changes include:
1. Consolidating the provisions for land divisions,which are scattered throughout the Critical Areas
Ordinance, into one section (17.38.1020),
2. Clarifying the method to process reasonable use permits (17.38.1010(2)).
3. Replacing the method to provide notice of the proximity to Critical Areas (17.35A.574(2) and
17.3 8.1040).
Items that will remain the same include:
1. Retaining the majority of the standards for Nonconforming Activities (17.35A.520 and
17.38.1000)
2. Retaining the majority of the standards for Reasonable Use Permits (17.35A.530 and
17.38.1010).
3. Including the existing setback from critical areas (17.35A.574(4) and 17.38.1030).
March 5, 2018—Page 5
STAFF REPORT PUBLIC HEARING: ORDINANCE 1284
Date: June 7, 2018
To: Lewis County Board of County Commissioners
From: Fred Evander, Senior Long Range Planner
Eric Eisenberg, Chief Civil Deputy Prosecuting Attorney
RE: PUBLIC HEARING: ORDINANCE 1284
At the public hearing on Ordinance 1284,two small changes will need to be made to the Ordinance.
The first is the establishment of an effective date. The Community Development Department recommends
that the effective date be set for July 1st, 2018.
The second is a small change to the table in LCC 17.38.850. This change would add the following three
soil types to the table as Category 2 soils: Cloquato silt loam; Pits; and Riverwash. These soils were
included within all outreach maps for the update and were evaluated under the SEPA analysis for the code
changes,but were inadvertently left off the soil matrix. Each of the soil types is regulated as a Category I
Severe Critical Aquifer Recharge Area under the current Lewis County Critical Areas Ordinance.
Neither of these changes will substantially alter Ordinance 1284. However, the first change will require an
extension of the public comment period per RCW 36.70A.035. Staff recommends that the Board of County
Commissioners hold the comment period open till June 25th, 2018 and take action on the proposal at that
meeting.
Eric Eisenberg will assist the board in making the changes to the Ordinance,and walking through the
adoption process.
ATTACHMENT D
Fred Evander
From: Meyer,Zachary(ECY) <ZMEY461 @ECY.WA.GOV>
Sent: Thursday, October 26, 2017 12:21 PM
To: Fred Evander
Cc: Bunten, Donna (ECY)
Subject: RE: Lewis County CAO Update
Hi Fred,
Below you will find some comments we had going through your draft CAQ documents. Let us know if you would prefer
these in a more formal letter for your planning commission or if this is sufficient for your needs.
We are happy to discuss any of these comments, let us know if you have any questions and we can set up a conference call
to chat if needed.
Thank you,
Zach Meyer
Wetlands/Shorelands Specialist
Shorelands & Environmental Assistance Program
Washington State Department of Ecology
Southwest Regional Office, Lacey, WA
360-407-6167
DEPARTMENT OF
-, Ai ECOLOGY
State of Washington
ECY comments on Draft Lewis Co CAO update:
General
Throughout the document, replace "sensitive area"with "critical area."
Definitions:
It would be helpful to include a definition of or a reference for the voluntary stewardship program (mentioned in Article 2).
17.10.010 Agricultural activities, existing and ongoing.
We recommend including some language regarding a break in on-going activities. For example:
When agricultural activities do not meet the standard in LCC 17.155.010 or when an area which has lain idle for a
period of longer than five years, the activities will require a new permit.
This would apply unless the idle land is registered in a federal or state soils conversation program. Forest practices are not
included in this definition.
17.10.120 hydric soil.
1
I if wetland scores 8-9 habitat points, use Category I I buffers for I
high level of function for habitat
Score for habitat 3-4 points 40 — 60 80
While it is not likely that a Category Ill wetland would have high habitat function, it is possible. We are now recommending
this language in order to address that possibility.
17.38.280 Buffer width reduction.
Paragraph 1(a)(i)(B) of this section states that the requirement for a habitat corridor may be waived if no priority habitat
exists. Part of the rationale for reducing the buffer comes from reducing the impacts of the adjacent land use. For
example, the measures in Table 17.38-4 reduce the impacts,so the buffer doesn't have to"work"as hard to protect the
existing wetland functions. Providing a corridor reduces the impact to critters that would otherwise be cut off from other
habitats during part of their life cycle. If a corridor can't be provided,then this impact can't be reduced, so there is no
justification for reducing the buffer. We recommend removing the language in (B).
17.38.280(3)(a) refers to "other appropriate mechanisms,to compensate for the impacts." What are these mechanisms,
and does "compensate" mean "to provide compensatory mitigation?" It would be helpful to clarify the intention here.
17.38.280(3)(a)This type of buffer reduction provision may be appropriate when a wetland is surrounded by small lots and
most of them are already developed under previous standards that allowed much smaller buffers. However, it is not
appropriate for larger lots(e.g. lots wider than 100 ft)or situations where only a few of the lots have previously been
developed under less protective standards.Applying the standard to lots smaller than two acres may be too permissive.The
buffers should be based on what is necessary to protect the resource, not based on previously permitted development. In
many cases, requiring the buffer for new development to conform to current science-based standards is necessary to
protect existing wetland functions, even if some adjacent lots were developed previously with smaller buffers.
17.38.280(3)Any reductions based on this concept of conformity with buffers for previously approved development should
require an analysis by a qualified wetland professional that evaluates the current situation and how new standard buffer
widths vs. a reduced buffer would affect existing wetland functions. Lacking this type of analysis, there is no way to ensure
that existing wetland functions and values will be protected by a reduced buffer.
17.38.300 Mitigation
(6)(b)(ii) describes permittee-responsible mitigation. We recommend including monitoring as one of the responsibilities:
With permittee-responsible mitigation,the permittee performs the mitigation after the permit is issued and is
ultimately responsible for the implementation, monitoring, and success of the mitigation.
(6)(b)(iii) addresses additional mitigation approaches. We recommend including additional criteria for in-lieu fee mitigation
to ensure that this approach could be used by applicants when state and federal permits are required:
Credits from an approved in-lieu fee program may be used for wetland and buffer impacts that are located within
the service area specified in the approved in-lieu-fee instrument. Contact the US Army Corps of Engineers,Seattle
District, for more information.
We also recommend adding additional criteria for"additional mitigation approaches":
...and an appropriate organizational entity will implement the mitigations including a monitoring plan to determine
the success of the mitigation.
17.38.320 Wetland Assessment
(1)(d)should say"An identification of wetlands and buffers," not "sensitive areas and buffers", since this is a wetland
assessment.
We recommend the following edit to (2)(c)(ii):
The location and potential impacts of buffer reduction or averaging including a documentation of whether that the
functions and values of the wetland will ei-et be adversely affected by the change.
3
We are making progress on our critical areas ordinance update.
Attached are the sections related to wetlands.
If you could give any feedback about the draft,that would be great.
Thanks,
Fred
Fred Evander
Senior Long Range Planner
Lewis County Community Development
360.740.1389
From: Bunten, Donna (ECY) [mailto:DBUN461 @ECY.WA.GOV]
Sent:Tuesday, May 02, 2017 11:08 AM
To: Fred Evander
Cc: Meyer,Zachary(ECY); Rothwell, Rebecca (ECY)
Subject: Lewis County CAO Update
Hello, Fred,
I'm not sure whether you are the appropriate person to contact,so I'd appreciate it if you would forward this to whomever
is working on the County's critical areas ordinance update.
I am writing to offer Ecology's assistance as you update your wetland regulations. There have been several changes(e.g.,
the wetland delineation manual and wetland rating system)since the County last updated its CAO (in 2008?). We recently
published a guidance document that highlights these changes and includes recommended code language. You can access
the guidance here.
We'd be happy to review your draft wetlands section and send some informal comments or answer any questions you
might have about our recent guidance. Can you let me know what your schedule is for adoption?
I look forward to hearing from you.
Donna J.Bunten
CAO Coordinator
Shorelands and Environmental Assistance Program
Department of Ecology
PO Box 47600
Olympia, WA 98504
360-407-7172
5
This definition refers to the state delineation manual. It should state instead "the approved federal wetland delineation
manual and applicable regional supplements." The state delineation manual was superseded in 2011.
Article 1 Administration:
17.38.080 General mitigation requirements.
Per(Chapter 197-11-768 WAC), (2) should include:
(f) Monitoring the impact and taking appropriate corrective measures.
17.38.090 Mitigation monitoring.
We recommend that monitoring for wetland mitigation projects should occur for at least five years from the date of plant
installation and ten years where woody vegetation(forested or shrub wetlands) is the intended result. These communities
take at least eight years after planting to reach 80-percent canopy closure. Having a ten-year monitoring program need not
require biologists to collect data and produce a report every year. That could be done in years 1, 2, 3, 5, 7, and 10, for
example. This language could be included in Article 3,since it applies specifically to wetlands(e.g., 17.38.300).
(1)(b)allows the administrator to reduce the monitoring period to 3 years for small mitigation projects. Three years is not
adequate to determine the success of re-vegetation or vegetation enhancement. We recommend inserting"Except for
wetland mitigation sites" at the beginning of this section.
Article 2 Allowed Activities:
You might want to provide a reference for the Lewis County Voluntary Stewardship Program in 17.38.130(2)(c)
In 17.38.130(3)(b)(iv),we recommend including the complete reference for the site selection guidance: Selecting Wetland
Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication#09-06-32, December 2009)
Article 3 Wetlands
17.38.220 does not seem to address the situation where a wetland may be present but is not mapped. In the Wetland
Assessment requirements(17.38.320(d)),we recommend requiring the identification and delineation of critical areas and
buffers within 300 feet of the site. And for additional clarity,we recommend the following changes:
(1) Wetlands should be identified and delineated and rated in accordance with .... (Classification and rating is set forth
in 17.38.230 so it doesn't need to be mentioned here).
(2) The administrator may accept a written determination by the U.S.Army Corps of Engineers, and the Washington
State Department of Ecology (Ecology)that a specific parcel is not a wetland....(The Corps may not take jurisdiction,
but Ecology may, so both parties must make the determination.)
Because 17.38.250(1)(a) mentions "isolated"wetlands,we recommend including the following in the definitions section:
Isolated wetland. A wetland that is hydrologically isolated from other aquatic resources, as determined by the
United States Army Corps of Engineers(USACE). Isolated wetlands may perform important functions and are
protected by state law(RCW 90.48)whether or not they are protected by federal law.
It would also be helpful to applicants to remind them that permits from the state may be required even if a wetland is
exempt from County requirements.
Table 17.38-3 should include the following asterisk and note:
Category Ill Wetlands Low Moderate High
Moderate level of function for habitat (score for habitat 5 - 7 75 110 150
points)'
2
ATTACHMENT E
Fred Evander
From: Brummer, Scott J (DFW) <Scott.Brummer @dfw.wa.gov>
Sent: Wednesday, December 06, 2017 12:50 PM
To: Fred Evander
Subject: RE: Lewis County Critical Areas Update
Hi Fred,
I did review the sections you sent. It appears that reductions in buffer requirements are administratively approved and not
limited by percentages or distance. Is that assumption correct? I also noticed the language in the 17.38.490 is vague. I
would recommend the County include the criteria for physical features used in determining water types for streams and
fish associated wetlands and the process you would establish to ground truth,verify or correct inconsistencies.
17.38.490 Inconsistencies between Conditions on Ground and Mapping
In the event of inconsistencies between maps and the actual presence of habitat or species, the official fish and wildlife
criteria and their physical presence(or absence)on an individual site shall prevail.
My overall concern with this CAO update, is the continued potential for buffer reductions in relation to development. I
have visited hundreds of locations in Lewis County over the years where variances to buffers have been granted and
structures are placed too close to streams and rivers, leaving them vulnerable to bank erosion. Significant impacts to fish
and wildlife and the natural process of stream and river morphology have occurred due to reduced buffers and bank
stabilization work installed to protect these structures. I would recommend specific language that eliminates or reduces
buffer variances in locations of highly erodible stream banks.
Thank you for the opportunity to comment on the draft, please let me know if I can assist further.
Scott Brummer
Washington Department of Fish &Wildlife
Area Habitat Biologist, Lewis County
Region 5 Vancouver
Office 360-785-0472
Cell 360-520-6843
brummsjb @dfw.wa,gov
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From: Fred Evander[mailto:Fred.Evander @lewiscountywa.gov]
Sent: Tuesday, November 28, 2017 10:40 AM
To: Brummer, Scott 3 (DFW)
Subject: RE: Lewis County Critical Areas Update
Hi Scott,
I am curious if you have had any chance to look at the draft Critical Areas chapter.
Please let me know any thoughts that you may have...
Thanks,
Fred
Fred Evander
Senior Long Range Planner
Lewis County Community Development
360.740.1389
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ATTACHMENT F
Fred Evander
From: Meyer, Zachary(ECY) <ZMEY461 @ECY.WA.GOV>
Sent: Thursday, February 15, 2018 10:46 AM
To: Fred Evander
Cc: Bunten, Donna (ECY)
Subject: Lewis Co CAO update, Ecology comments
Hi Fred,
We have a few additional comments on the draft CAO you submitted to Commerce in January. Let us know if you would
prefer these in a formal letter for your planning commission hearing in March, or if this is sufficient for your needs. Overall,
great work on this Fred!!
We are happy to discuss any of these comments. Let us know if you have any questions and we can set up a conference
call to chat if needed.
Thank you,
Zach Meyer
Wetlands/Shorelands Specialist
Shorelands & Environmental Assistance Program
Washington State Department of Ecology
Southwest Regional Office, Lacey, WA
360-407-6167
DEPARTMENT OF
ECOLOGY
State of v4'0stiIrtgtu+i
ECY comments on 60-day review draft, Lewis Co CAO update:
• General:
There are still a few places where the term "sensitive area" is used, rather than "critical area" (e.g., page 2, (h)(i)
under emergency actions).
• 17.10.01003, Definitions, agricultural activities, appears to be a "typo" (should be 17,10.010?).
• We recommend having a clear definition of"existing and ongoing agriculture." Article ll, 17.38.130(2)(c) uses this
term; in addition,the references in this paragraph should be checked.
"Existing and ongoing agricultural activities" means those activities conducted on lands defined in RCW
84.34.020(2), and those activities involved in the production of crops and livestock, including but not
limited to operation, maintenance and conservation measures of farm and stock ponds or drainage
ditches, irrigation systems, changes between agricultural activities, and normal operation,
maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which
bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be
ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use
LEWIS COUNTY PLANNING COMMISSION
Robert WhanneII, Chair
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: March 27, 2018
Subject: Transmittal to the BOCC: Findings and Conclusions regarding Revisions to the Lewis County
Critical Areas Ordinance
Dear Commissioners:
The purpose of this report is to transmit draft Lewis County Code revisions to the Critical Areas
Ordinance.
General findings of fact:
1. Lewis County currently contains two separate Critical Areas Ordinances: LCC 17.35,
related to agriculture, and LCC 17.35A, for all other development.These ordinances
were last amended in 2000 and 2008 respectively.
2. Under the Growth Management Act, "Each county and city shall adopt development
regulations that protect critical areas..." (RCW 36.70A.060(2)). These regulations are
required to reviewed periodically (typically over a period from 8 to 10 years) to ensure
continued consistency with the Act (RCW 36.70A.130). Lewis County's periodic review of
the ordinances was due on lune 30, 2017.
3. When considering the requirements for critical areas, "counties and cities shall include
the best available science in developing policies and development regulations to protect
the functions and values of critical areas. In addition, counties and cities shall give
special consideration to conservation or protection measures necessary to preserve or
enhance anadromous fisheries." (RCW 36.70A.172)
4. On February 28, 2017, the Lewis County Planning Commission commenced their review
of the Critical Areas Ordinance, The Commission continued their review of the
document throughout the remainder of 2017 and the beginning of 2018.
S. Over the course of the Planning Commission review, the Lewis County Planning Staff
consulted with agencies such as the Washington Department of Natural Resources,
Washington Department of Fish and Wildlife, Washington Department of Ecology, and
March 27, 2018 Page 1 of 2
LEWIS COUNTY PLANNING COMMISSION
Lotter ut Transmittal-ttrvi.t ns a the I.owis County Critical Areas Ordinance
Washington Department of Health to ensure that Best Available Science was effectively
considered in the development of the standards.
6. When the draft standards were substantially complete,the Lewis County Community
Development Department sent a notice of the changes to the Washington State
Department of Commerce for their 60-day review. One comment, from Zachary Meyer
at the Washington State Department of Ecology was received as a result of the review.
7. On March 6, 2018, staff provided notice about a Public Hearing on the proposed code
changes in the manner prescribed in LCC 17.12.050.
8. The Lewis County Planning Commission held a public hearing on the proposed Critical
Areas Ordinance on March 27, 2017.
9. Following the public hearing, the Planning Commission deliberated the measures and
determined that the proposed amendments to the Lewis County Code reflected the
needs of area residents, met the intent and requirements of the Growth Management
Act, and were in accordance with the public interest.
Conclusions
Based on the above findings and conclusions,the Lewis County Planning Commission
recommends that the Board of County Commissioners pass an ordinance that adopts the
proposed changes to the Lewis County Critical Areas Ordinance.
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the document to the Lewis County Board of County
Commissioners.
Submitted by Y ,N Date C)3 - 2-7 -' 2-4-4 P,
Robert Whannell, Chair
Lewis County Planning Commission
March 27, 2018 Page 2 of 2
STAFF REPORT PUBLIC HEARING: CRITICAL AREAS ORDINANCE UPDATE
Date: March 5, 2018
Please Note:
To: Lewis County Planning Commission ATTACHMENTS A AND B ARE
From: Fred Evander, Senior Long Range Planner COMBINED AS ORDINANCE 1234
RE: PUBLIC HEARING: CRITICAL AREAS ORDINANCE UPDATE IN THE BOARD PACKET
Attachments: Attachment A: Critical Areas Ordinance (63 pages)
Attachment B:Changes to Chapter 17.10—Definitions (26 pages)
Attachment C: Critical Areas Ordinance—Revision Notes (5 pages).
Attachment D: Email from Zachary Meyer to Fred Evander dated October 26, 2017 (5 pages)
Attachment E: Email from Scott Brummer to Fred Evander dated December 6, 2017 (2 pages)
Attachment F: Email from Zachary Meyer to Fred Evander dated February 15, 2018 (2 pages)
The Lewis County Planning Commission will hold a public hearing to discuss potential revisions to the
standards for critical areas at the meeting of March 27th, 2018. Under the Growth Management Act, Lewis
County is required to reevaluate its critical areas standards every eight years to ensure that the requirements
meet the most recent best available science.
The draft Critical Areas Ordinance was discussed at several of the meetings over the course of 2017 and 2018.
Previously considered materials for the potential changes, and mark-ups of the documents, are available under
the agendas for the previous meetings or at the project website at http://lewiscountywa.govjcommunity-
development/critical-areas-update.
PROPOSED CHANGES
Proposed changes to the Critical Areas Ordinance are summarized on Attachment A:Critical Areas Ordinance—
Revision Notes.
Handouts that depict the proposed changes including the revisions to the buffers are available on the project
website.
COMMENTS RECEIVED DURING UPDATE
Lewis County has reviewed a significant amount of Best Available Science and consulted a number of
individuals with technical expertise throughout the course of the critical areas update. Formal comments
received as a result of these reviews are included in Attachments D through F. Each of the comments,including
the latest email from Zachary Meyer from the Department of Ecology,dated February 15, 2018 have been
addressed in the current version of the draft.
RECOMMENDATION
The Planning Commission should hold a public hearing to receive public testimony about the Critical Areas
Ordinance. Following the public hearing, the Planning Commission may deliberate the proposal and decide:to
make further changes to the document; or to forward a recommendation to the Lewis County Board of County
Commissioners.
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I
NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
And INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing on June 11, 2018,starting at or after 10:00 AM.
The public hearing will consider changes to the Lewis County Critical Areas Ordinance, Ordinance
1284.These changes would simplify and consolidate the review process for critical areas; make minor
changes to stream, wetland and geologically hazardous buffers;change the area regulated for certain
sensitive areas; remove specific critical area standards for many land use activities; allow additional
buffer reduction options for wetlands, and fish and wildlife habitat areas; and improve the mapping of
the areas.
The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room, 351 NW
North Street, Chehalis, WA.At the hearings, individuals will be invited to speak and/or provide
written statements regarding the proposed changes. All individuals wishing to speak on the issues
are encouraged to attend. Written comments may be submitted in advance of the hearings to the
contact below.
Fred Evander at 360.740.1389 or fred.evander@lewiscoutywa.gov.
Details about the proposals are available online at http://lewiscountywa.gov/community-
development. Hard copies are available at the Lewis County Community Development Department at
2025 NE Kresky Ave., Chehalis WA; at the Timberland Regional libraries located in Chehalis, Centralia,
Salkum, Randle, Packwood, and Winlock; and at the Lewis County Senior Centers in Morton,
Packwood,Toledo, Twin Cities (Chehalis), and Winlock.
The meeting site is barrier free. People needing special assistance or accommodations should contact
the Community Development Department 72 hours in advance of the meeting.
Rieva Lester/Publish in the Chronicle on May 22, 2018
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jun 11, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Hold a public hearing to approve draft Critical Areas Ordinance 1284. RECEIVED
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Contact Pat Anderson Phone: 3607402677 MAY 3 0 201
Department: Community Development PROSECUTING ATTORNEY
Action Needed: Approve Ordinance (traffic or other)
Description
Under the Growth Management Act, Lewis County is required to reevaluate its critical areas standards every
eight years to ensure that the requirements meet the most recent best available science.
The changes would simplify and consolidate the review process for critical areas; make minor changes to
stream, wetland and geologically hazardous buffers; change the area regulated for certain sensitive areas;
remove specific critical area standards for many land use activities; allow additional buffer reduction options for
wetlands, and fish and wildlife habitat areas; and improve the mapping of the areas.
Publication Requirements:
Approvals:
p_.........._._........... Hearing Date: Jun 11, 2018
User Group Status Publications:
Napier, Lee Pending Chronicle
Eisenberg, Eric ' Pending Publication Dates:
Evander, Fred Pending
Lester, Rieva Pending
Additional Copies
Fred Evander, Lee Napier, Pat Anderson, Eric Eisenberg
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