King County - File #: 2024-0408

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Drafter

Clerk 12/06/2024

Title

AN ORDINANCE related to critical area regulations; amending the King County Comprehensive Plan; and amending Ordinance 15053, Section 3, as amended, and K.C.C. 16.82.051, Ordinance 3692, Section 2, as amended, and K.C.C. 20.12.200, Ordinance 10511, Section 7, as amended, and K.C.C. 20.36.100, Ordinance 6949, Section 6, as amended, and K.C.C. 20.44.040, Ordinance 15051, Section 7, as amended, and K.C.C. 21A.06.072C, Ordinance 10870, Section 70, as amended, and K.C.C. 21A.06.122, Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200, Ordinance 15051, Section 24, and K.C.C. 21A.06.254, Ordinance 10870, Section 123, as amended, and K.C.C. 21A.06.415, Ordinance 15051, Section 41, and K.C.C. 21A.06.451, Ordinance 15051, Section 107, and K.C.C. 21A.06.1331, Ordinance 10870, Section 190, as amended, and K.C.C. 21A.06.750, Ordinance 10870, Section 243, as amended, and K.C.C. 21A.06.1015, Ordinance 10870, Section 288, as amended, and K.C.C. 21A.06.1240, Ordinance 10870, Section 314, as amended, and K.C.C. 21A.06.1370, Ordinance 10870, Section 321, and K.C.C. 21A.06.1405, Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010, Ordinance 10870, Section 449, as amended, and K.C.C. 21A.24.020, Ordinance 15051, Section 137, as amended, and K.C.C. 21A.24.045, Ordinance 15051, Section 138, as amended, and K.C.C. 21A.24.051, Ordinance 15051, Section 140, as amended, and K.C.C. 21A.24.061, Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070, Ordinance 10870, Section 456, as amended, and K.C.C. 21A.24.090, Ordinance 14187, Section 1, as amended, and K.C.C. 21A.24.500, Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100, Ordinance 10870, Section 458, as amended, and K.C.C. 21A.24.110, Ordinance 10870, Section 460, as amended, and K.C.C. 21A.24.130, Ordinance 15051, Section 151, as amended, and K.C.C. 21A.24.133, Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170, Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180, Ordinance 10870, Section 467, as amended, and K.C.C. 21A.24.200, Ordinance 15051, Section 158, and K.C.C. 21A.24.205, Ordinance 11621, Section 75, as amended, and K.C.C. 21A.24.275, Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280, Ordinance 10870, Section 476, as amended, and K.C.C. 21A.24.290, Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310, Ordinance 11481, Section 2, as amended, and K.C.C. 21A.24.311, Ordinance 15051, Section 173, as amended, and K.C.C. 21A.24.312, Ordinance 15051, Section 174, as amended, and K.C.C. 21A.24.313, Ordinance 15051, Section 179, as amended, and K.C.C. 21A.24.316, Ordinance 15051, Section 183, as amended, and K.C.C. 21A.24.318, Ordinance 15051, Section 185, as amended, and K.C.C. 21A.24.325, Ordinance 15051, Section 187, as amended, and K.C.C. 21A.24.335, Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340, Ordinance 15051, Section 192, as amended, and K.C.C. 21A.24.355, Ordinance 15051, Section 193, as amended, and K.C.C. 21A.24.358, Ordinance 15051, Section 195, as amended, and K.C.C. 21A.24.365, Ordinance 10870, Section 485, as amended, and K.C.C. 21A.24.380, Ordinance 15051, Section 198, as amended, and K.C.C. 21A.24.382, Ordinance 15051, Section 204, and K.C.C. 21A.24.388, Ordinance 16958, Section 31, as amended, and K.C.C. 21A.25.100, Ordinance 16985, Section 32, as amended, and K.C.C. 21A.25.110, Ordinance 3688, Section 415, as amended, and K.C.C. 21A.25.150, Ordinance 16985, Section 39, as amended, and K.C.C. 21A.25.160, Ordinance 16985, Section 46, as amended, and K.C.C. 21A.25.210, Ordinance 11168, Section 3 as amended, and K.C.C. 21A.30.045, Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060, Ordinance 15051, Section 228, and K.C.C. 21A.50.035, and Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010, adding new sections to K.C.C. chapter 21A.06, adding new sections to K.C.C. chapter 21A.24, recodifying K.C.C. 21A.06.1331 and K.C.C. 21A.24.500, and repealing Ordinance 15051, Section 139, as amended, and K.C.C. 21A.24.055, Ordinance 17539, Section 47, as amended, and K.C.C. 21A.24.072, Ordinance 15051, Section 152, as amended, and K.C.C. 21A.24.137, Ordinance 10870, Section 461, as amended, and K.C.C. 21A.24.140, Ordinance 11481, Sections 3 and 5, as amended, and K.C.C. 21A.24.314, Ordinance 15051, Section 189, as amended, and K.C.C. 21A.24.342, and Ordinance 15051, Section 234, as amended, and K.C.C. 21A.24.550.

Body

BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

SECTION 1. Findings:

A. The Washington state Growth Management Act ("the GMA") requires counties to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas; give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; ensure no net loss of ecological functions and values; and consider critical areas regulations as part of the comprehensive plan review and evaluation required by RCW 36.70A.130.

B. King County completed its statutorily required comprehensive plan update in December 2024 via Ordinance XXXX (Proposed Ordinance 2023-0440). Under the reasonable progress exception in RCW 36.70.130(7)(b), the county has until December 2025 to complete the associated updates to critical areas regulations.

C. King County reviewed BAS and updated its critical areas policies and development regulations. The county's current BAS review builds on the county's 2004 BAS review and was informed by the GMA and state guidance documents, updated BAS for critical areas developed by state natural resources agencies, supplemental scientific literature, county experience in implementing critical area regulations since 2004, consideration of the county's unique land use context, and the need to meet sometimes competing GMA goals.

D. The October 2024 Best Available Science Review and Updates to Critical Areas Protections report summarizes GMA requirements for review and inclusion of BAS in updates to Comprehensive Plan policies and critical areas regulations, describes tribal consultation and community engagement, details the approach and scope for BAS review, reviews Comprehensive Plan considerations, and identifies regulatory updates and non-regulatory actions to strengthen protection and ensure no net loss of critical areas functions and values. As required by GMA, where policies and development regulations depart from BAS, the report provides information and rationale to support departures, assesses potential risks to critical areas functions and values, and describes regulatory and nonregulatory actions to mitigate risk.

E. Comprehensive Plan policies, land use designations, zoning classifications, and development regulations work in concert with non-regulatory actions, including land conservation and habitat restoration to ensure no-net loss of critical area functions and values.

F. The proposed updates to critical areas regulations have the effect of strengthening protections for critical areas functions and values while advancing the goals of GMA, including the designation and protection of resource lands and industries, housing accommodation, protection of property rights, and prevention of urban sprawl, all within the unique land use and development context of unincorporated King County.

G. To protect critical aquifer recharge areas, in accordance with chapter 36.70A RCW, the following provisions of the King County Code are determined to protect critical aquifer recharge areas: K.C.C. chapters 9.04, 9.12, 9.14, 16.82, 21A.06, 21A.16, 21A.22, and 21A.24, and K.C.C. 17.04.010. For the purposes of RCW 70A.355.030, King County declares critical aquifer recharges areas to be environmentally sensitive areas.

H. The adoption of this ordinance completes all the requirements of the update required under RCW 36.70A.130.

SECTION 2. Ordinance 15053, Section 3, as amended, and K.C.C. 16.82.051 are hereby amended to read as follows:

A. For the purposes of this section, the definitions in K.C.C. 16.82.020 apply to the activities described in this section. If a term is not defined, then the definition in K.C.C. chapter 21A.06 shall apply ((to the activities described in this section, if the terms are not defined in K.C.C. 16.82.020)). Where definitions in K.C.C. 16.82.020 differ from the definitions in K.C.C. chapter 21A. 06, the definitions in K.C.C. 16.82.020 shall control.

B. The activities in subsection D. of this section are exempted from the requirement of obtaining a clearing or grading permit ((before undertaking forest practices or clearing or grading activities, as long as)), if those activities conducted in critical areas ((are in compliance)) comply with the standards in this chapter and in K.C.C. chapter 21A.24, and are legally established. Activities ((not requiring)) exempt from a clearing and grading permit are not exempt from other code requirements and may require other permits, including, but not limited to, a floodplain development permit.

C. Clearing and grading permit requirement exemptions shall be interpreted as follows:

1. The use of "NP" in a cell means that no clearing or grading permit is required if the listed conditions and any applicable conditions in K.C.C. chapter 21A.24 are met;

2. A number in a cell means the numbered condition in subsection E. of this section applies, and:

a. where a series of numbers separated by commas are in a cell, each of the numbered conditions for that activity applies; and

b. if more than one letter-number combination appears in a cell, the conditions of at least one letter-number combination((s)) shall be met for a given exemption to apply;

3. In cases where an activity may be included in more than one activity category, the most-specific description of the activity shall govern whether a permit is required;

4. For activities ((involving more than one critical area)) where one or more critical areas are present, compliance with the conditions applicable to each critical area is required; and

5. Clearing and grading permits are required when a cell in ((this)) the table in subsection D. of this section is empty and for activities not listed on the table.

D. Clearing and grading permit requirement exemptions.

"Wildlife area and network" column applies to both Wildlife Habitat Conservation Area and Wildlife Habitat Network.

Out of Critical Area and Buffer

Coal Mine Hazard Area

Erosion Hazard Area

Flood Hazard Area

Channel Migration Hazard Area

Landslide & Steep Slope Hazard Areas and Buffer

Seismic, Volcanic, and Tsunami Hazard Area

((Volcanic Hazard))

((Steep Slope Hazard and Buffer)) Alluvial Fan Hazard Area

Critical Aquifer Recharge Area

Wetland and Buffer

Aquatic Area and ((Buffer)) Riparian Area

((Wildlife Area and Buffer)) Wildlife Habitat Area and Wildlife Habitat Network

ACTIVITY

Grading and Clearing

Grading

NP 1, 2

((NP 1, 2))

NP 1, 2

Clearing

NP 3 NP 23 NP 24

NP 3

((NP 3))

NP 3

NP 4 ((NP 23))

Covering of garbage

NP 5

((NP 5))

NP 5

Emergency tree removal

NP

NP 6

((NP 6))

NP 6

Hazard tree removal

NP 25

((NP 25))

NP 25

Removal of noxious weeds

NP

((NP))

NP

Removal of invasive vegetation

NP 7

((NP 7))

NP 8

NP 7

NP 8

Forest management activity

NP 9

((NP 9))

NP 9

Emergency action

NP 10

((NP 10))

NP 10

Roads

Grading within the roadway

NP 11

((NP 11))

NP 11

Clearing within the roadway

NP

NP 12

((NP 12))

NP 12

NP

NP 12

Maintenance of driveway or private access road

NP 13

((NP 13))

NP 13

Maintenance of bridge or culvert

NP 13, 14, 15

((NP 13, 14, 15))

NP 13, 14, 15

((Construction of farm field access drive))

((NP 16))

((Maintenance of farm field access drive))

((NP 17))

Utilities

Construction or maintenance of utility corridors or facility within the right-of-way

NP 18

NP 19

((NP 19))

NP 19

NP 18

NP 19

Construction or maintenance of utility corridors or facility outside of the right-of-way

NP 1, 2, 3 NP 27 NP 28

NP 1, 2, 3

((NP 1, 2, 3))

NP 1, 2, 3

Maintenance of existing surface water conveyance system

NP 11

((NP 11))

NP 11

Maintenance of existing surface water flow control and surface water quality treatment facility

NP 11

((NP 11))

NP 11

Maintenance or repair of flood protection facility

NP 20

((NP 20))

NP 20

Maintenance or repair of existing instream structure

NP

((NP))

NP

NP 11

NP

Recreation areas

Maintenance of outdoor public park facility, trail, or publicly improved recreation area

NP 13

((NP 13))

NP 13

Habitat and science projects

Habitat ((restoration))creation or enhancement project

NP

NP 21

((NP 21))

NP 21

NP

NP 21

Drilling and testing for critical areas((s)) report or monitoring and data collection

NP 1, 2, 22

NP 22

NP 1, 2, 22

((NP 1, 2))

NP 22

NP 1, 2, 22

NP 22

Agriculture

Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops, and related activity

NP

((NP))

NP

Grazing livestock

NP

((NP))

NP

Construction and maintenance of livestock manure storage facility

NP ((16)) 17

((NP 16))

NP ((16)) 17

Maintenance or replacement of agricultural drainage

NP 15

((NP 15))

NP 15

Maintenance of agricultural waterway

NP 26

((NP 26))

NP 26

Maintenance of farm pond, fish pond, livestock watering pond

NP 15

((NP 15))

NP 15

Construction of farm field access drive

NP 16

Maintenance of farm field access drive

NP 17

Other

Excavation of cemetery grave in established and approved cemetery

NP

((NP))

NP

Maintenance of cemetery grave

NP

NP 13

NP

NP 13

NP

((NP))

NP 13

NP

NP 13

Maintenance of lawn, landscaping, and gardening for personal consumption

NP

NP 13

NP

NP 13

NP

((NP))

NP 13

NP

NP 13

Maintenance of golf course

NP 13

((NP))

NP 13

E. The following conditions apply:

1. Excavation less than five feet in vertical depth((,)) or fill less than three feet in vertical depth that, cumulatively on a single site since January 1, 2005, does not involve more than one hundred cubic yards on a single site.

2. Grading that produces less than two thousand square feet of new impervious surface on a single site added after January 1, 2005, or that produces less than two thousand square feet of replaced impervious surface or less than two thousand square feet of new plus replaced impervious surface after October 30, 2008. For purposes of this subsection E.2., "new impervious surface" and "replaced impervious surface" are defined in K.C.C. 9.04.020.

3. Cumulative clearing of less than seven thousand square feet on a single site since January 1, 2005, including, but not limited to, collection of firewood and removal of vegetation for fire safety. This exception shall not apply to development proposals:

a. regulated as a Class IV forest practice under chapter 76.09 RCW;

b. in a critical drainage areas established by administrative rules;

c. subject to clearing limits included in property-specific development standards and special district overlays under K.C.C. chapter 21A.38; or

d. subject to urban growth area significant tree retention standards under K.C.C. 16.82.156 and K.C.C. Title 21A.

4. Not allowed within a wetland, aquatic area, or a tree containing an active nest. Otherwise, allowed for ((C))cutting firewood for personal use in accordance with a forest management plan ((or rural stewardship plan)) approved under K.C.C. Title 21A. For the purpose of this condition, personal use shall not include the sale or other commercial use of the firewood.

5. Limited to material at any solid waste facility operated by King County.

6. Allowed to prevent imminent danger to persons or structures.

7. Cumulative clearing of less than seven thousand square feet annually or conducted in accordance with an approved farm management plan((,)) or forest management plan((, or rural stewardship plan)).

8. Cumulative clearing on a single site since January 1, 2005, of less than seven thousand square feet and either:

a. conducted in accordance with a farm management plan((,)) or a forest management plan((, or a rural stewardship plan)); or

b. limited to removal with hand labor.

9. When conducted as a Class I, II, III, or IV-S forest practice as defined in chapter 76.09 RCW and Title 222 WAC.

10. If done in compliance with K.C.C. 16.82.065.

11. Only when conducted by or at the direction of a government agency in accordance with the regional road maintenance guidelines and K.C.C. 9.04.050, creates less than two thousand square feet of new impervious surface on a single site added after January 1, 2005, and is not within or does not directly discharge to an aquatic area or wetland. For purposes of this subsection E.11., "new impervious surface" is defined in K.C.C. 9.04.020.

12. Limited to clearing conducted by or at the direction of a government agency or by a private utility that does not involve:

a. slope stabilization or vegetation removal on slopes; or

b. ditches that are used by ((salmonids)) fish.

13. In conjunction with normal and routine maintenance activities, if:

a. there is no alteration of a ditch or aquatic area that is used by ((salmonids fish:)) fish;

b. ((the structure, condition, or site maintained was constructed or created in accordance with law; and

c.)) the maintenance does not expand the roadway, lawn, landscaping, ditch, culvert, or other improved area being maintained; and

c. the maintenance does not involve the use of herbicides or other hazardous substances within critical areas or associated buffers, except for the removal of noxious weeds or invasive vegetation.

14. If a culvert is used by ((salmonids)) fish or conveys water used by ((salmonids)) fish and there is no adopted farm management plan, the maintenance is limited to removal of sediment and debris from the culvert and ((its)) associated inlet, invert, and outlet and the stabilization of the area within three feet of the culvert where the maintenance disturbed or damaged the bank or bed and does not involve the excavation of a new sediment trap adjacent to the inlet.

15. If used by salmonids, only in compliance with an adopted farm management plan in accordance with K.C.C. Title 21A and only if the maintenance activity is inspected by:

a. The King Conservation District;

b. King County department of natural resources and parks;

c. King County department of local services, permitting division; or

d. Washington state Department of Fish and Wildlife.

16. Only on sites with agricultural activities uses if:

a. consistent with an adopted farm management plan in accordance with K.C.C. Title 21A((.));

b. constructed using best management practices approved by the permitting division;

c. access is not greater than fourteen feet wide;

d. an alternate location is not available to provide less adverse impact on critical areas and associated buffers;

e. in compliance with the requirements for farmland dispersion within the King County Surface Water Design Manual;

f. located where it is least subject to risk from channel migration;

g. a floodplain development permit is obtained for any action within the floodplain; and

h. all other required state and federal permits have been obtained and actions comply with these permits.

17. Only if consistent with an adopted farm management plan in compliance with K.C.C. Title 21A.

18. In accordance with a right-of-way construction permit.

19. Only within the roadway in accordance with a right-of-way construction permit.

20. When:

a. conducted by a public agency;

b. the height of the facility is not increased;

c. the linear length of the facility is not increased;

d. the footprint of the facility is not expanded waterward;

e. done in accordance with the Regional Road Maintenance Guidelines;

f. done in accordance with the adopted King County Flood Management Plan and the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002); and

g. monitoring is conducted for three years following maintenance or repair and an annual report is submitted to the department.

21. Only if:

a. the activity is not part of a mitigation plan associated with another development proposal or is not corrective action associated with a violation((;)), and

((b. the activity is sponsored or cosponsored by a government agency that has natural resource management as its primary function and the activity is)) limited to((:))

(((1))) revegetation of the critical area and ((its)) associated buffer with native vegetation or climate-smart plants, or the removal of noxious weeds or invasive vegetation using only hand labor; or

b. the activity is sponsored or cosponsored by a government agency that has natural resource management as its primary function and limited to:

(1) revegetation of the critical area and associated buffer with native vegetation or climate-smart plants, or the removal of noxious weeds or invasive vegetation;

(2) placement of weirs, log controls, spawning gravel, ((woody debris)) large wood, and other specific ((salmonid)) fish habitat improvements; and

(3) hand labor except:

(a) the use of riding mower or light mechanical cultivating equipment and herbicides or biological control methods when prescribed by the King County noxious weed control board for the removal of noxious weeds or invasive vegetation; or

(b) the use of helicopters or cranes if they have no contact with or otherwise disturb the critical area or ((its)) associated buffer.

22. If done with hand equipment((and)), does not involve any clearing, and equipment is not left in the critical area or associated buffer when work is concluded.

23. Limited to tree and vegetation clearing for the purposes of wildfire preparedness, except tree and vegetation clearing subject to K.C.C. 16.82.156, ((or)) K.C.C. Title 21A, or otherwise requiring a permit, including, but not limited to, alterations within critical areas, as follows:

a. Within thirty feet of a residential structure containing habitable space, the following is allowed:

(1) vegetation removal:

(a) within fifteen feet of the furthest attached exterior point of a residential structure containing habitable space or a deck;

(b) within ten feet of an installed above ground propane or liquefied petroleum gas tank; and

(c) underneath a tree crown to provide up to ten feet of clearance from the ground to remove ladder fuels; and

(2) removal and pruning of trees to provide:

(a) ten feet of clearance from the ground to remove ladder fuels, as long as pruning does not exceed one-third of tree height;

(b) fifteen feet of clearance over driveways for emergency vehicle access;

(c) eighteen feet between tree crowns; and

(d) ten feet between tree crowns and decks, chimneys, propane tanks, liquefied petroleum gas tanks, overhead communication cables, overhead electrical wires, or other structures; and

b. All activities in subsection E.23.a. of this section are also allowed up to one hundred feet from a residential structure containing habitable space if such clearing is advised in a wildfire risk assessment conducted by a professional holding a wildfire risk assessment certification, or the activity is advised in a forest stewardship plan approved by the department of natural resources and parks that includes best management practices to reduce wildfire risk, except ((as follows:)) that

(((1))) removal and pruning of trees to provide clearance between tree crowns is limited to providing:

(((a))) (1) twelve feet between tree crowns((, when)) located more than thirty feet and up to sixty feet ((of)) from a residential structure containing habitable space; and

(((b))) (2) six feet between tree crowns((, when)) located more than sixty feet and up to one hundred feet ((of)) from a residential structure containing habitable space.

24. Limited to the removal of downed trees.

25. Except on properties that are:

a. subject to clearing limits included in property-specific development standards and special district overlays under K.C.C. chapter 21A.38; or

b. subject to urban growth area significant tree retention standards under K.C.C. 16.82.156.

26. Only if allowed under K.C.C. 21A.24.045.D.69. and if the maintenance activity is inspected by the:

a. King Conservation District;

b. department of natural resources and parks;

c. department of local services, permitting division; or

d. Washington state Department of Fish and Wildlife.

27. Pruning of trees to provide up to ten feet of clearance from overhead communication cables and electrical wire components of utility facilities, if:

a. ((no)) all debris is ((left)) removed following the pruning activity;

b. authorized by a right-of-way construction permit;

c. pruning activities around overhead electrical facilities do not extend fifteen feet beyond the right-of-way; and

d. any work is approved by the property owner.

28. Tree and vegetation clearing, except for overhead facilities in subsection E.27. of this section, and except for tree and vegetation clearing subject to K.C.C. 16.82.156 or K.C.C. Title 21A or otherwise requiring a permit, as follows:

a. Up to thirty feet measured horizontally from the utility facility structure, the following is allowed:

(1) vegetation removal:

(a) within fifteen feet of the furthest attached exterior point of a structure; and

(b) underneath a tree crown to provide up to ten feet of clearance from the ground to remove ladder fuels;

(2) removal and pruning of trees to provide:

(a) ten feet of clearance from the ground to remove ladder fuels, as long as pruning does not exceed one-third of tree height;

(b) fifteen feet of clearance over driveways for emergency vehicle access;

(c) eighteen feet between tree crowns; and

(d) ten feet between tree crowns and structures; and

(3) the screening function of any landscaping planted to provide screening in K.C.C. chapter 21A.16 is maintained; and

b. All of the activities in subsection E.28.a. of this section are also allowed up to one hundred feet measured horizontally from the utility facility structure if such clearing activity is advised in a wildfire risk assessment conducted by a professional holding a wildfire risk assessment certification, or the activity is advised in a forest stewardship plan approved by the department of natural resources and parks and that includes best management practices to reduce wildfire risks, except that removal and pruning of trees to provide clearance between tree crowns is limited to providing:

(1) twelve feet between tree crowns, when more than thirty feet and up to sixty feet measured horizontally from a utility facility structure; and

(2) six feet between tree crowns, when more than sixty feet and up to one hundred feet measured horizontally from a utility facility structure.

SECTION 3. Ordinance 3692, Section 2, as amended, and K.C.C. 20.12.200 are hereby amended to read as follows:

A. The King County shoreline master program consists of the following elements, enacted on or before the date of enactment of ((Ordinance XXXX (Proposed Ordinance 2023-0440)) this ordinance:

1. The King County Comprehensive Plan chapter six;

2. K.C.C. chapter 21A.25;

3. The following sections of K.C.C. chapter 21A.24:

a. K.C.C. 21A.24.045;

b. K.C.C. 21A.24.051;

c. ((K.C.C. 21A.24.055;

d.)) K.C.C. 21A.24.070.A., B.2., C.2., D., and E.;

((e.)) d. K.C.C. 21A.24.125;

((f.)) e. K.C.C. 21A.24.130;

((g.)) f. K.C.C. 21A.24.133;

((h.)) g. K.C.C. 21A.24.200;

((i.)) h. K.C.C. 21A.24.210;

((j.)) i. K.C.C. 21A.24.220;

((k.)) j. K.C.C. 21A.24.275;

((l.)) k. K.C.C. 21A.24.280;

((m.)) l. K.C.C. 21A.24.290;

((n.)) m. K.C.C. 21A.24.300;

((o.)) n. K.C.C. 21A.24.310;

((p.)) o. K.C.C. 21A.24.316;

((q.)) p. K.C.C. 21A.24.318;

((r.)) q. K.C.C. 21A.24.325;

((s.)) r. K.C.C. 21A.24.335;

((t.)) s. K.C.C. 21A.24.340;

((u.)) t. K.C.C. 21A.24.355;

((v.)) u. K.C.C. 21A.24.358;

((w.)) v. K.C.C. 21A.24.365;

((x.)) w. K.C.C. 21A.24.380;

((y.)) x. K.C.C. 21A.24.382;

((z.)) y. K.C.C. 21A.24.386; and

((aa.)) z. K.C.C. 21A.24.388;

4. The following:

a. K.C.C. 20.18.050;

b. K.C.C. 20.18.056;

c. K.C.C. 20.18.057;

d. K.C.C. 20.18.058;

e. K.C.C. 20.22.160;

f. K.C.C. 21A.32.045;

g. K.C.C. 21A.44.090;

h. K.C.C. 21A.44.100; and

i. K.C.C. 21A.50.030; and

5. The 2024 King County Flood Management Plan.

B. The shoreline management goals and policies constitute the official policy of King County regarding areas of the county subject to shoreline jurisdiction under chapter 90.58 RCW. As provided by WAC 173-26-191(2)(a), King County's local administrative, enforcement, and permit review procedures shall conform to chapter 90.58 RCW but shall not be a part of the shoreline master program.

C. Amendments to the shoreline master program do not apply to the shoreline jurisdiction until approved by the Washington state Department of Ecology as provided in RCW 90.58.090. The department of local services, permitting division, shall, within ten days after the date of the Department of Ecology's approval, file a copy of the Department of Ecology's approval, in the form of an electronic copy, with the clerk of the council, who shall retain the original and provide electronic copies to all councilmembers, the chief of staff, and the lead staff of the local services and land use committee, or its successor.

SECTION 4. Ordinance 10511, Section 7, as amended, and K.C.C. 20.36.100 are hereby amended to read as follows:

A. The definitions in this section apply throughout this section, as well as in K.C.C. 20.36.040 and K.C.C. 20.36.190, unless the context clearly requires otherwise.

B. To be eligible for open space classification under the public benefit rating system, a property shall contain one or more qualifying open space resources and have at least five points as determined under this section. The department shall review each application and recommend award of credit for current use of the property. In making the recommendation, the department shall utilize the point system described in subsections C. and D. of this section.

C. The following open space resources are each eligible for the points indicated:

1. Active trail linkage - fifteen or twenty-five points. "Active trail linkage" means land in private ownership through which the owner agrees to allow public passage for active transportation, as defined in K.C.C. 14.01.xxx (((the new section created by)) Ordinance XXXXX (Proposed Ordinance 2023-0440), ((s)))Section 21 ((of this ordinance))), for the purpose of providing a connection between trails within the county's regional trails system and local or regional attractions or points of interest, for trail users including equestrians, pedestrians, bicyclists, and other users. "Local or regional attractions or points of interest" include other trails, parks, waterways, or other recreational and open space attractions, retail centers, arts and cultural facilities, transportation facilities, residential concentrations, or similar destinations. The linkage shall be open to passage by the general public and the property owner shall enter into an agreement with the county consistent with applicable parks and recreation division policies to grant public access. To receive twenty-five points, the property owner shall enter into an agreement with the county regarding improvement of the trail, including trail pavement and maintenance. To receive fifteen points, the property owner shall agree to allow a soft-surface, nonpaved trail. The parks and recreation division is authorized to develop criteria for determining the highest priority linkages for which it will enter into agreements with property owners;

2. Aquifer protection area - five points. "Aquifer protection area" means property that has a plant community in which native plants are dominant and that includes an area designated as a critical aquifer recharge area under K.C.C. chapter 21A.24 or applicable city critical aquifer recharge area regulations. At least fifty percent of the enrolling open space area or a minimum of one acre of open space shall be designated as a critical aquifer recharge area. If the enrolling open space area does not have a plant community in which native plants are dominant, revegetation shall occur subject to a revegetation plan reviewed and approved by the department;

3. Buffer to public or current use classified land - three points. "Buffer to public or current use classified land" means land that has a plant community in which native plants are dominant or has other natural features, such as streams or wetlands, and that is abutting and provides a buffer to a publicly owned park, trail, or forest, to land legally required to remain in a natural state, to a state or federal highway, or to a property participating in a current use taxation program under chapters 84.33 or 84.34 RCW. The buffer shall be at least fifty feet long and fifty feet ((in)) wide. Public roads may separate the public land, or land in private ownership classified under chapters 84.33 or 84.34 RCW, from the buffering land, if the entire buffer is at least as wide and long as the adjacent section of the road easement. Landscaping or other nonnative vegetation may not separate the public land or land enrolled under chapters 84.33 or 84.34 RCW from the native vegetation buffer. The department may grant an exception to the native vegetation requirement for property along parkways with historic designation, upon review and recommendation of the historic preservation officer of King County or the local jurisdiction in which the property is located. Eligibility for this exception does not extend to a property where plantings are required or existing plant communities are protected under local zoning codes, development mitigation requirements, or other local regulations;

4. Ecological enhancement land - eighteen points. "Ecological enhancement land" means open space lands undergoing recovery of significantly degraded or lost ecological function or processes. The following requirements shall be met:

a. A jurisdiction, natural resource agency, or appropriate organization has committed to sponsoring the ecological enhancement project, with secured funding in place before the application’s public hearing;

b. The ecological enhancement project shall include removing significant human-made structures, alterations, or impediments such as shoreline armoring, roads, culverts, and wetland fill that are detrimental to significant wildlife or salmonid habitat. The intent of the removal shall be to reestablish natural function or processes to the project area;

c. The owner is responsible for providing and implementing an ecological enhancement plan for the proposed project. The approved enhancement plan shall include at least a statement of purpose, detailed description of work to be done, site map of the project area, and specific timeline for the enhancement activities to be completed. The enhancement plan is subject to approval by the department; and

d. The owner shall annually provide to the department a monitoring report detailing the enhancement efforts' success for five years following enrollment. The owner shall also provide any additional monitoring reports required by K.C.C. 20.36.190. The monitoring report shall describe the progress and success of the enhancement project and shall include photographs to document the success. Land receiving credit for this category may not receive credit for the ((rural stewardship land or)) resource restoration ((categories)) category;

5. Equestrian-pedestrian-bicycle trail linkage - thirty-five points. "Equestrian-pedestrian-bicycle trail linkage" means land in private ownership that the property owner allows the public to use as an off-road trail linkage for equestrian, pedestrian, or other active transportation, as defined in K.C.C. 14.01.xxx (((the new section created by)) Ordinance XXXXX (Proposed Ordinance 2023-0440), ((s)))Section 21 ((of this ordinance))), uses, or that provides a trail link from a public right-of-way to a trail system. Use of motorized vehicles is prohibited on trails receiving a tax reduction for this category, except for maintenance or for medical, public safety, or police emergencies. Public access is required only on that portion of the property containing the trail. The landowner may impose reasonable restrictions on access that are mutually agreed to by the landowner and the department, such as limiting use to daylight hours. To be eligible as an equestrian-pedestrian-bicycle trail linkage, the owner shall provide a trail easement to an appropriate public or private entity acceptable to the department. The easement shall be recorded with the King County recorder's office or its successor. In addition to the area covered by the trail easement, adjacent land used as pasture, barn, or stable area and any corral or paddock may be included, if an approved and implemented farm management plan is provided. Land necessary to provide a buffer from the trail to other nonequestrian uses, land that contributes to the aesthetics of the trail, such as a forest, and land set aside and marked for off road parking for trail users may also be included as land eligible for current use taxation. Those portions of private roads, driveways, or sidewalks open to the public for this purpose may also qualify. Fencing and gates are not allowed in the trail easement area, except those that are parallel to the trail or linkage;

6. Farm and agricultural conservation land - five points. "Farm and agricultural conservation land" means land previously classified as farm and agricultural land under RCW 84.34.020 that no longer meets the criteria of farm and agricultural land, or traditional farmland not classified under chapter 84.34 RCW that has not been irrevocably devoted to a use inconsistent with agricultural uses and has a high potential for returning to commercial agriculture. The property shall be used for farm and agricultural activities or have a high probability of returning to agriculture and the property owner shall commit to returning the property to farm or agricultural activities by implementing a farm management plan. An applicant shall have an approved farm management plan in accordance with K.C.C. 21A.24.051 that is acceptable to the department and that is being implemented according to its proposed schedule of activities before receiving credit for this category. Farm and agricultural activities shall occur on at least one acre of the property. Eligible land shall be zoned to allow agricultural uses and be owned by the same owner or held under the same ownership. Land receiving credit for this category may not receive credit for the contiguous parcels under separate ownership category;

7. Forest stewardship land - five points. "Forest stewardship land" means property that is managed according to an approved forest stewardship plan and that is not enrolled in the designated forestland program under chapter 84.33 RCW. The property shall contain at least four acres of contiguous forestland, which may include land undergoing reforestation, according to the approved plan. The owner shall have and implement a forest stewardship plan approved by the department. The forest stewardship plan may emphasize forest retention, harvesting, or a combination of both. Land receiving credit for this category may not receive credit for the resource restoration ((or rural stewardship land categories)) category;

8. Historic landmark or archeological site: buffer to a designated site - three points. "Historic landmark or archaeological site: buffer to a designated site" means property adjacent to land constituting or containing a designated county or local historic landmark or archeological site, as determined by King County's historic preservation officer or by a manager of a certified local government program in the jurisdiction in which the property is located. A property shall have a plant community in which native plants are dominant and provide a significant buffer for a designated landmark or archaeological site listed on the county or other certified local government list or register of historic places or landmarks. "Significant buffer" means land and plant communities that provide physical, visual, noise, or other barriers and separation from adverse effects to the historic resources due to adjacent land use;

9. Historic landmark or archeological site: designated site - five points. "Historic landmark or archaeological site: designated site" means land that constitutes or contains a historic landmark designated by King County or other certified local government program in the jurisdiction in which the property is located. Historic landmarks include buildings, structures, districts, or sites of significance in the county's historic or prehistoric heritage, such as Native American settlements, trails, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites, or traditional cultural properties. A property shall be listed on a county or other certified local government list or register of historic places or landmarks for which there is local regulatory protection. Eligible property may include property that contributes to the historic character within designated historic districts, as defined by the historic preservation officer of King County or other certified local government jurisdiction. The King County historic preservation officer shall make the determination on eligibility;

10. Historic landmark or archeological site: eligible site - three points. "Historic landmark or archaeological site: eligible site" means land that constitutes or contains a historic property that has the potential of being designated by a certified local government jurisdiction, including buildings, structures, districts, or sites of significance in the county's historic or prehistoric heritage, such as Native American settlements, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites, or traditional cultural properties. To be eligible, the historic preservation officer of King County or other certified local government program in the jurisdiction in which the property is located shall determine the property meets the jurisdiction's criteria for designation and listing on the county or other local register of historic places or landmarks for which there is local regulatory protection. Eligible property may include contributing property within designated historic districts. Property listed in the state or national Registers of Historic Places may qualify under this category;

11. Public recreation area - five points. "Public recreation area" means land devoted to providing active or passive recreation use or that complements or substitutes for recreation facilities characteristically provided by public agencies. Use of motorized vehicles is prohibited, except for golf carts on golf courses, for maintenance, or for medical, public safety, or police emergencies. The facilities shall be open to the general public or to specific public user groups, such as youth, seniors, or people with disabilities. A property shall be identified by the responsible agency within whose jurisdiction the property is located as meeting the definition of public recreation area. The property owner shall use any best practices defined in K.C.C. chapter 21A.06. If a fee is charged for use, it shall be comparable to the fee charged by a similar public facility;

12. Rural open space - five points. "Rural open space" means an area of ten or more contiguous acres of open space located outside of the urban growth area as identified in the King County Comprehensive Plan that:

a. has a plant community in which native plants are dominant; or

b. is former open farmland, woodlots, scrublands, or other lands that are in the process of being replanted with native vegetation and for which the property owner is implementing an approved farm management, ecological enhancement, forest stewardship, ((rural stewardship,)) or resource restoration plan acceptable to the department;

13. ((Rural stewardship land - five points. "Rural stewardship land" means land zoned RA (rural area), A (agricultural), or F (forest), that has an implemented rural stewardship plan under K.C.C. chapter 21A.24 acceptable to the department. On RA-zoned properties, the approved rural stewardship plan shall meet the goals and standards of K.C.C. 21A.24.055. On A- and F-zoned properties, credit for this category is allowed if the plan meets the goals of K.C.C. 21A.24.055. A rural stewardship plan includes, but is not limited to, identification of critical areas, location of structures and significant features, site-specific best management practices, a schedule for implementation, and a plan for monitoring as provided in K.C.C. 21A.24.055. To be eligible as rural stewardship land, the open space shall be at least one acre and feature a plant community in which native plants are dominant or be in the process of native vegetation restoration, reforestation, or enhancement. Land receiving credit for this category may not receive credit for the ecological enhancement land, resource restoration, or forest stewardship land categories;

14.)) Scenic resource, viewpoint, or view corridor - five points.

a. "Scenic resource" means an area of natural or recognized cultural features visually significant to the aesthetic character of the county. The site shall be significant to the identity of the local area, be visible to a significant number of the general public from public rights-of-way, be of sufficient size to substantially preserve the scenic resource value, and enroll at least ten acres of open space.

b. A "viewpoint" means a property that provides a view of an area visually significant to the aesthetic character of the county. A site shall provide a view of a scenic natural or recognized cultural resource in King County or other visually significant area, allow unlimited public access, and be identified by a permanent sign readily visible from a road or other public right-of-way.

c. A "view corridor" means a property that contributes to the aesthetics of a recognized view corridor critical to maintaining a public view of a visually significant scenic natural or recognized cultural resource. The site shall contain at least one acre of open space that contributes to a view corridor visible to the public and that provides views of a scenic natural resource area or recognized cultural resource significant to the local area. The site shall have ((a)) significant cultural areas and contain significant inventoried or designated historic properties, as determined by the King County historic preservation officer or officer of another certified local government program in the jurisdiction in which the property is located in. Eligibility is subject to determination by the department or applicable jurisdiction;

((15.)) 14. Significant plant or ecological site - five points. "Significant plant or ecological site" means an area that meets the criteria for Element Occurrence established under the Washington Natural Heritage Program authorized by chapter 79.70 RCW. An Element Occurrence is a particular, on-the-ground observation of a rare species or ecosystem. An eligible site shall be listed as an Element Occurrence by the Washington Natural Heritage Program or be identified as a property that meets the criteria for an Element Occurrence. The identification shall be confirmed by a qualified expert acceptable to the department. The department shall notify the Washington Natural Heritage Program of any verified Element Occurrence on an enrolling property. Commercial nurseries, arboretums, or other maintained garden sites with native or nonnative plantings are ineligible for this category;

((16.)) 15. Significant wildlife or ((salmonid)) fish habitat - five points.

a. "Significant wildlife or ((salmonid)) fish habitat" means:

(1) an area used by animal species listed as endangered, threatened, sensitive, or candidate by the Washington state Department of Fish and Wildlife or Department of Natural Resources or used by species of local ((significance)) importance that are listed by the King County Comprehensive Plan or a local jurisdiction;

(2) an area where the species listed in subsection C.((16.))15a.(1) of this section are potentially found with sufficient frequency for critical ecological processes, such as reproduction, nesting, rearing, wintering, feeding, or resting, to occur;

(3) a site that meets the criteria for priority habitats as defined by the Washington state Department of Fish and Wildlife and that is so listed by the King County Comprehensive Plan or by the local jurisdiction in which the property is located; or

(4) a site that meets criteria for a wildlife habitat conservation area as defined by the department or a local jurisdiction.

b. To be eligible, the department, by its own determination or by expert determination acceptable to the department, shall verify that qualified species are present on the property or that the land fulfills the functions described in subsection C.((16))15.a. of this section. To receive credit for ((salmonid)) fish habitat, the owner shall provide a buffer at least fifteen percent greater in width than required by any applicable regulation. Property consisting mainly of disturbed or fragmented open space determined by the department as having minimal wildlife habitat significance is ineligible;

((17.)) 16. Special animal site - three points. "Special animal site" means a site that includes a wildlife habitat network identified by the King County Comprehensive Plan or individual jurisdictions through the Growth Management Act, chapter 36.70A RCW, or a biodiversity area and corridor identified by the Washington state Department of Fish and Wildlife's priority habitats and species project as of the date of the application as identified by King County or local or state jurisdiction or by expert verification acceptable to the department or local jurisdiction. Property consisting mainly of disturbed or fragmented open space determined by the department to have minimal wildlife habitat significance is ineligible for this category;

((18.))17. Surface water quality buffer - five, eight, or ten total points. "Surface water quality buffer" means an undisturbed area that has a plant community in which native plants are dominant abutting a lake, pond, stream, shoreline, wetland, or marine waters on or abutting the property, that provides buffers beyond that required by any applicable regulation. To receive five points, the buffer shall be at least fifty percent wider than the buffer required by any applicable regulation. To receive eight points, the buffer shall be at least two times the required width. To receive ten points, the buffer shall be at least three times the required width. The qualifying buffer shall be longer than twenty-five feet and shall be preserved from clearing or maintenance, unless this area is part of a department-approved ecological enhancement, farm management, forest stewardship, ((rural stewardship,)) or resource restoration plan. Grazing use by livestock on such land is prohibited;

((19.)) 18. Urban open space - five points.

a. "Urban open space" means land located within the boundaries of a city or within the urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more-intensive development or use. The enrolling area shall be at least one acre, or be at least one-half acre if the land meets one of the following criteria:

(1) the land conserves and enhances natural or scenic resources;

(2) the land protects streams or water supply;

(3) the land promotes conservation of soils, wetlands, beaches, or tidal marshes;

(4) the land enhances the value to the public of adjacent parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open space;

(5) the land enhances recreation opportunities for the general public; or

(6) the land preserves visual quality along highways, roads, and streets or scenic vistas.

b. Owners of noncontiguous properties that together meet the minimum acreage requirement may jointly apply under this category if each property is closer than seventy-five feet to one other property in the application and if each property contains an enrolling open space area at least as large as the minimum zoned lot size; and

((20.)) 19. Watershed protection area - five points. "Watershed protection area" means property contributing to the forest cover that provides run-off reduction and groundwater protection. The property shall consist of contiguous native forest or be in the process of reforestation. The enrolling forested area shall consist of additional forest cover beyond that required by county or applicable local government regulation and shall be at least one acre or sixty-five percent of the property acreage, whichever is greater. If reforestation or improvements to the forest health are necessary, the property owner shall provide and implement an ecological enhancement, a forest stewardship, or resource restoration((, or rural stewardship)) plan that addresses this need and is acceptable to the department.

D. Property qualifying for an open space category in subsection C. of this section may receive credit for additional points as follows:

1. Conservation easement or historic preservation easement - eighteen points. "Conservation easement or historic preservation easement" means land on which an easement is voluntarily placed that restricts, in perpetuity, further potential development or other uses of the property. The easement is subject to approval by the department and shall be recorded with the King County recorder's office or its successor. The easement shall be conveyed to the county or to an organization acceptable to the department, such as a land trust or conservancy. Historic preservation easements are subject to approval by the historic preservation officer of King County or of the local government jurisdiction in which the property is located. An easement required by zoning, subdivision conditions, or other land use regulation is not eligible unless an additional substantive easement area is provided beyond that otherwise required;

2. Contiguous parcels under separate ownership - two points.

a. "Contiguous parcels under separate ownership" means at least two or more parcels under different ownership where either:

(1) the enrolling parcels and open space acreage abut each other without a significant human-made barrier separating them; or

(2) the enrolling parcels do not abut each other, but abut a publicly owned open space, without a significant human-made barrier separating the publicly owned open space and the open space portion of the parcels seeking open space classification.

b. Award of this category requires a single application by multiple owners and parcels with identical qualifying public benefit rating system resources. Only a single application fee is required.

c. Contiguous parcels of land with the same qualifying public benefit rating system resources are eligible for treatment as a single parcel if open space classification is sought under the same application except as otherwise prohibited by the farm and agricultural conservation land category. Each parcel need not meet the minimum acreage requirements for a resource category so long as the total area of all enrolling land combined meets any required minimum acreage requirements. The owners of each parcel included in the application shall agree to identical terms and conditions for enrollment in the program.

d. Individual parcels or portions of parcels may be withdrawn or removed from open space classification, consistent with all applicable rules and regulations. The continued eligibility of all parcels and associated acreage remaining in open space classification accepted under the same application is dependent upon the continued qualification for a resource category or categories.

e. Points are awarded for each participating owner above one owner and accrue to all owners of a single application. The withdrawal or removal of all enrolled acreage associated with an owner results in the loss of two points for each remaining owner;

3. Easement and access - thirty-five points. "Easement and access" means that the property has at least one qualifying open space resource, unlimited public access or limited public access due to resource sensitivity, and a conservation easement or historic preservation easement in perpetuity in a form and with conditions acceptable to the department. A property shall only be eligible in this category if it receives credit for an open space category and for the conservation easement or historic easement in perpetuity category. The owner shall agree to allow public access to the portion of the property designated for public access in the easement. An easement required by zoning, subdivision conditions, or other land use regulation is not eligible, unless there is additional easement area beyond that required. Credit for this category may not overlap with the equestrian-pedestrian-bicycle trail linkage;

4. Public access - points depend on type and frequency of access allowed. "Public access " means the general public is allowed access on an ongoing basis for uses such as recreation, education, or training. Access shall be allowed on the portion of the property that is designated for public access. The landowner may impose reasonable restrictions on access, such as limiting use to daylight hours, agreed to by the department. No physical barriers may limit reasonable public access or negatively affect an open space resource. A property owner shall demonstrate that the property is open to public access and is used by the public. Award of public access points for historic ((properties)) properties is subject to approval by the historic preservation officer of King County or a certified officer of another local government jurisdiction in which the property is located. The property owner may be required to furnish and maintain signage according to county specifications.

a. Unlimited public access - five points. Year-round access by the general public is allowed without special arrangements with the property owner.

b. Limited public access ((because of)) due to resource sensitivity - five points. Access may be reasonably limited by the property owner due to the sensitive nature of the resource, with access provided only to appropriate user groups. The access allowed should generally be for an educational, scientific, or research purpose and may require special arrangements with the owner.

c. Seasonally limited public access - three points. Access by the public is allowed only for part of the year due to due to seasonal conditions, as mutually agreed to by the landowner and the department.

d. Environmental education access - three points. The landowner enters into an agreement with a school, with an organization with 26 U.S.C. Sec. 501(c)(3) tax status, or, with the agreement of the department, with another community organization that allows membership by the general public to provide environmental education to its members or the public at large. The department shall verify that the enrolled portion of the property has value for environmental education purposes.

e. None or members-only - zero points. No public access is allowed or the access is allowed only by members of the organization using or owning the land; and

5. Resource restoration - five points. "Resource restoration" means restoration of an enrolling area of property benefiting an area in an open space resource category. Emphasis is placed on the restoration of native vegetation associated with anadromous fish rearing habitat, riparian zones, migration corridors and wildlife, forest, stream, and wetland habitats. The owner shall provide and implement a restoration plan approved by the department. The plan may be developed in cooperation with a natural resource expert or agency. The approved restoration plan shall, at a minimum, include a purpose statement, a description of restoration work to be done, a detailed site map of the area to be restored, a specific timeline for the restoration activities to be completed and a monitoring schedule for the restoration project's first five years. Historic resource restoration is subject to approval by the King County historic preservation officer or officer of another certified local government in the jurisdiction in which the property is located and shall be accompanied by a long-term maintenance plan. The owner shall also provide to the department a yearly monitoring report for at least five years following enrollment in the public benefit rating system program. The report shall describe the progress and success of the restoration project and shall include photographs to document the success. Land receiving credit for this category may not receive credit for the ecological enhancement land((,)) or forest stewardship land((, or rural stewardship land)) categories.

SECTION 5. Ordinance 6949, Section 6, as amended, and K.C.C. 20.44.040 are hereby amended to read as follows:

A. King County adopts the standards and procedures specified in WAC 197-11-300 through 197-11-390 and 197-11-800 through 197-11-890 for determining categorical exemptions and making threshold determinations subject to the following:

1. The following exempt threshold levels are hereby established in accordance with WAC 197-11-800(1)(c) for the exemptions in WAC 197-11-800(1)(b):

a. The construction or location of any residential structures of twenty dwelling units within the boundaries of an urban growth area, or of any residential structures of eight dwelling units outside of the boundaries of an urban growth area;

b. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering thirty thousand square feet on land zoned agricultural, or fifteen thousand square feet in all other zones, and to be used only by the property owner or agent in the conduct of farming the property. This exemption shall not apply to feed lots;

c. The construction of an office, school, commercial, recreational, service or storage building with twelve thousand square feet of gross floor area, and with associated parking facilities designed for forty automobiles;

d. The construction of a parking lot designed for forty automobiles;

e. Any fill or excavation of five hundred cubic yards throughout the total lifetime of the fill or excavation and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulation thereunder: The categorical exemption threshold shall be one hundred cubic yards for any fill or excavation that is in ((an aquatic area, wetland,)) a steep slope, ((or)) landslide ((hazard area)), or alluvial fan hazard area. If the proposed action is to remove from or replace fill in ((an aquatic area, wetland,))a steep slope, ((or)) landslide ((hazard area)), or alluvial fan hazard area to correct a violation, the threshold shall be five hundred cubic yards.

2. The determination of whether a proposal is categorically exempt shall be made by the county department that serves as lead agency for that proposal.

B. The mitigated DNS provision of WAC 197-11-350 shall be enforced as follows:

1. If the department issues a mitigated DNS, conditions requiring compliance with the mitigation measures which were specified in the application and environmental checklist shall be deemed conditions of any decision or recommendation of approval of the action.

2. If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall review the threshold determination and, if necessary, may withdraw the mitigated DNS and issue a DS.

NEW SECTION. SECTION 6. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Active nest: a nest or breeding site that is actively being used, built, or repaired by birds.

NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Alluvial fan: a fan-shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of an upland onto a flat plain or valley floor due to a sudden change in sediment transport capacity, such as a significant change in slope or confinement.

NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Alluvial fan hazard area: any area on an alluvial fan that is susceptible to natural hazards such as episodic inundation, sedimentation, and erosional impacts. Alluvial fan hazard areas are a type of geological hazard area.

SECTION 9. Ordinance 15051, Section 7, as amended, and K.C.C. 21A.06.072C are hereby amended to read as follows:

A. Aquatic areas:

1. Nonwetland water features including: all shorelines of the state, rivers, streams, marine waters, and bodies of open water, such as lakes, ponds, and reservoirs;

2. Impoundments, such as reservoirs or ponds, if any portion of the contributing water is from a nonwetland water feature listed in subsection A.1. of this section; ((and))

3. Above-ground open water conveyance systems, such as ditches, if any portion of the contributing water is:

a. used by fish; or

b. from either a wetland or a ((nonwetland)) water feature listed in subsection A.1. or A.2. of this section, or both; and

4. Portions of the water features in subsections A.1, A.2, and A.3 of this section that are conveyed underground in pipes or culverts.

B. "Aquatic areas" does not include water features where the source of contributing water is entirely artificial, including, but not limited to, ground water wells, and any irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by a port district or an irrigation district or company.

SECTION 10. Ordinance 10870, Section 70, as amended, and K.C.C. 21A.06.122 are hereby amended to read as follows:

Buffer: a designated area adjacent and contiguous to a ((steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to and intended to protect and be an integral part of an aquatic area or wetland)) critical area that is intended to protect the functions and values of the critical area and reduce impacts from adjacent land uses.

NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Climate-smart plants: native plant species currently or prehistorically found within the surrounding ecoregion that are predicted to maintain their abundance under climate change, as identified by the department of natural resources and parks.

SECTION 12. Ordinance 10870, Section 80, as amended, and K.C.C. 21A.06.200 are hereby amended to read as follows:

Coal mine hazard area: an area directly underlain, adjacent to, or ((directly)) affected by operative or abandoned subsurface coal mine workings such as adits, tunnels, drifts, or air shafts.

NEW SECTION. SECTION 13. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Commercial production of agricultural products: agriculture conducted by an operator who has done one or more of the following:

A. Filed IRS Schedule F for a minimum of three years;

B. Obtained and currently holds a United States Department of Agriculture Organic Certification producer certificate; or

C. Enrolled, and remains in good standing, in the current use classification "Farm and agricultural land", under chapter 84.34 RCW.

SECTION 14. Ordinance 15051, Section 24, and K.C.C. 21A.06.254 are hereby amended to read as follows:

Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile, or valuable natural resources including fish, wildlife, or other organisms or their habitats or such resources that carry, hold, or purify water in their natural state. "Critical area" includes the following areas:

A. ((Aquatic areas;

B. Coal mine hazard areas;

C.)) Critical aquifer recharge areas;

((D. Erosion hazard areas;

E. Flood hazard areas;

F. Landslide hazard areas;

G. Seismic hazard areas;

H. Steep slope hazard areas;

I. Volcanic hazard areas;

J.)) B. Frequently flooded areas, regulated as Flood Hazard Areas, including;

1. Floodplains;

2. Special flood hazard areas, as shown on the Flood Insurance Rate Map;

3. Zero-rise flood fringe;

4. Zero-rise floodways;

5. FEMA floodways; and

6. Channel migration zones;

C. Fish and wildlife habitat conservation areas, including:

1. Aquatic areas;

2. Riparian areas;

3. Wildlife habitat conservation areas; and

4. Wildlife habitat networks;

D. Geologically hazardous areas, including;

1. Alluvial fan hazard areas;

2. Channel migration zones;

3. Coal mine hazard areas;

4. Erosion hazard areas;

5. Landslide hazard areas;

6. Seismic hazard areas;

7. Steep slope hazard areas;

8. Tsunami hazard areas; and

9. Volcanic hazard areas; and

E. Wetlands((;

K. Wildlife habitat conservation areas; and

L. Wildlife habitat networks)).

NEW SECTION. SECTION 15. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Critical freshwater habitat: portions of streams, rivers, wetlands, and lakes within shorelines of the state, and floodplains designated as shorelines of the state in the shoreline master program.

NEW SECTION. SECTION 16. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Debris flow: a moving mass of rock fragments, soil, and mud, with more than half of the particles being larger than sand size.

NEW SECTION. SECTION 17. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Ecological professional: a person having a degree in ecology, wildlife biology, wetland biology, fisheries, botany, soil science, environmental science, natural resource management, or a closely related field, with a minimum of five years of professional experience related to the subject ecological field. Professional certification in a relevant ecological field can be substituted for two years of work experience.

SECTION 18. Ordinance 10870, Section 123, as amended, and K.C.C. 21A.06.415 are hereby amended to read as follows:

Erosion hazard area: ((an)) a geologically hazardous area underlain by soils that ((is)) are subject to severe erosion when disturbed. ((These)) Such soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the United States Department of Agriculture ((Soil)) Natural Resources Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes inclined at fifteen percent or more:

A. The Alderwood gravely sandy loam ("AgD");

B. The Alderwood and Kitsap soils ("AkF");

C. The Beausite gravely sandy loam ("BeD" and "BeF");

D. The Kitsap silt loam ("KpD");

E. The Ovall gravely loam ("OvD" and "OvF");

F. The Ragnar fine sandy loam ("RaD"); and

G. The Ragnar-Indianola Association ("RdE").

SECTION 19. Ordinance 15051, Section 41, and K.C.C. 21A.06.451 are hereby amended to read as follows:

Farm field access drive: a((n)) paved or impervious ((surface constructed to provide a fixed)) route or path used for moving livestock, produce, equipment, or supplies to and from farm fields, and farm structures for agricultural activities on a property that is within an Agricultural Production District, enrolled in the Farmland Preservation Program, or zoned A.

NEW SECTION. SECTION 20. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Fish and wildlife habitat conservation areas: areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, riparian areas, aquatic areas, wildlife habitat network, and areas with high population density or species richness.

Fish and wildlife habitat conservation areas do not include artificial water carrying features or constructs such as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

NEW SECTION. SECTION 21. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Geologically hazardous areas: areas susceptible to erosion, sliding, earthquake, or other geological events. Areas classified as geologically hazardous areas include one or more of the following:

A. Alluvial fan hazard areas;

B. Channel migration zones;

C. Coal mine hazard areas;

D. Erosion hazard areas;

E. Landslide hazard areas;

F. Seismic hazard areas;

G. Steep slope hazard areas;

H. Tsunami hazard areas; and

I. Volcanic hazard areas.

NEW SECTION. SECTION 22. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Geological professional: a geotechnical engineer or geologist, licensed in Washington state and experience in analyzing geologic, hydrologic, and ground water flow systems, as well as, preparing reports for the relevant geological subdisciplines.

NEW SECTION. SECTION 23. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Grazing area buffer: a designated area contiguous to a wetland or aquatic area from which grazing livestock are excluded.

SECTION 24. K.C.C. 21A.06.1331, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.06 to follow K.C.C. 21A.06.585.

SECTION 25. Ordinance 15051, Section 107, and K.C.C. 21A.06.1331 are hereby amended to read as follows:

((Tree, hazard)) Hazard tree: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will:

A. Damage a residential ((structure)) building or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly;

B. Damage an approved road or utility facility; or

C. Prevent emergency access ((in the case of medical hardship)).

SECTION 26. Ordinance 10870, Section 190, as amended, and K.C.C. 21A.06.750 are hereby amended to read as follows:

Mitigation: an action taken to compensate for unavoidable adverse impacts to the environment resulting from a development activity or alteration after all appropriate and practicable avoidance and minimization measures have been accounted for and implemented.

NEW SECTION. SECTION 27. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Notice of map amendment: a letter issued by the department of natural resources and parks indicating that the classification of a critical area has been changed from the classification shown on a critical areas map adopted by King County. The notice of map amendment may indicate that an area has been reclassified, declassified, or newly classified as a critical area.

NEW SECTION. SECTION 28. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Revegetation: the reestablishment of vegetation within an area that reflects historic natural conditions or native vegetation types that are well suited to thrive in the area.

NEW SECTION. SECTION 29. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Riparian area: a designated area contiguous to an aquatic area that provides fish and wildlife habitat, protects adjacent aquatic fish and wildlife species and habitat, and protects water quality. Riparian areas reduce impacts from adjacent land uses through various physical, chemical, or biological processes.

SECTION 30. Ordinance 10870, Section 243, as amended, and K.C.C. 21A.06.1015 are hereby amended to read as follows:

Salmonid: a fish native to the Puget Sound region that is a member of the fish family Salmonidae, including((, but not limited to)):

A. Chinook, coho, chum, sockeye, and pink salmon;

B. Rainbow, steelhead, and cutthroat ((salmon, which are also known as)) trout;

C. ((Brown trout;

D. Brook, b))Bull trout, which is ((also known as)) a type of char, and Dolly Varden char;

((E.)) D. Kokanee; ((and

F.)) E. Pygmy whitefish; and

F. Mountain whitefish.

NEW SECTION. SECTION 31. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Special flood hazard area or area of special flood hazard: the land subject to inundation by the base flood. Special flood hazard areas (SFHA or area of special flood hazard) are designated on flood insurance rate maps with the letters "A" or "V" including AE, AO, AH, A1-99, and VE.

NEW SECTION. SECTION 32. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Species of local importance: a species designated by the county in the Comprehensive Plan to be of local concern due to their population status, sensitivity to habitat alteration, or that are game species.

SECTION 33. Ordinance 10870, Section 288, as amended, and K.C.C. 21A.06.1240 are hereby amended to read as follows:

Stream: an aquatic area where surface water produces a channel, not including a wholly artificial channel((,)) unless ((it)) the artificial channel is:

A. Used by ((salmonids)) fish; or

B. Used to convey a stream or wetland that occurred naturally before construction of the artificial channel.

NEW SECTION. SECTION 34. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Tsunami hazard area: a geologically hazardous area susceptible to flooding, inundation, debris impact, or mass wasting as the result of a tsunami in areas including, but not limited to, those areas shown on the Washington Geological Survey Digital Data Series 22, version 2.0, December 2023, and V1-V30, VE, or V zones shown on the Flood Insurance Rate Maps.

SECTION 35. Ordinance 10870, Section 314, as amended, and K.C.C. 21A.06.1370 are hereby amended to read as follows:

Volcanic hazard area: ((an)) a geologically hazardous area subject to pyroclastic flows, lava flows, debris avalanche, or an inundation by debris flows, mudflows, lahars, or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron mudflow.

SECTION 36. Ordinance 10870, Section 321, and K.C.C. 21A.06.1405 are hereby amended to read as follows:

Wetland functions: ((natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for groundwater aquifers and moderating surface and storm water flows, as well as performing other functions including, but not limited to, those set forth in 33 CFR 320.4(b)(2), 1988)) the physical, biological, chemical, and geologic interactions among different components of the environment that occur within a wetland. Wetland functions include, but are not limited to, 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.

NEW SECTION. SECTION 37. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Wetland values: wetland processes, characteristics, or attributes that are considered to benefit society.

NEW SECTION. SECTION 38. There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

Wildlife lighting: measures applied to exterior lighting to reduce impacts to wildlife.

SECTION 39. Ordinance 10870, Section 448, as amended, and K.C.C. 21A.24.010 are hereby amended to read as follows:

The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 3670A RCW, Washington state Environmental Policy Act, chapter 43.21C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by:

A. Establishing development and alteration standards to protect functions and values of critical areas;

B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage, or financial loss due to flooding, erosion, avalanche, landslides, tsunamis, alluvial fan hazards, seismic and volcanic events, soil subsidence, or steep slope failures;

C. Protecting unique, fragile, and valuable elements of the environment including, but not limited to, fish and wildlife and their habitats, ((and)) while maintaining and promoting countywide native biodiversity;

D. Requiring prioritization of avoidance and minimization measures, followed by mitigation of ((unavoidable)) adverse impacts to critical areas((, by regulating alterations in or near critical areas)) and associated buffers;

E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands, and aquatic areas;

F. Measuring the quantity and quality of wetland and aquatic area resources and preventing overall net loss of wetland and aquatic area functions;

G. Protecting the public trust as to navigable waters, aquatic resources, and fish and wildlife and their habitat;

H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits;

I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers, or lessees to the development limitations of critical areas; and

J. Providing county officials with sufficient information ((to protect)) at the time of permit application submittal to determine whether proposed land uses, activities, or development could negatively impact critical areas.

SECTION 40. Ordinance 10870, Section 449, as amended, and K.C.C. 21A.24.020 are hereby amended to read as follows:

A. This chapter applies to all land uses and activities in King County, and all persons within the county shall comply with this chapter.

B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first ensuring compliance with this chapter.

C. Approval of a development proposal in accordance with this chapter does not discharge the obligation of the applicant to comply with this chapter.

D. If an area or site contains more than one critical area or natural resource land use designation, all designations shall apply.

E. When ((any other chapter)) another provision of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides ((more)) greater environmental protection to ((environmentally)) critical areas shall apply unless specifically provided otherwise in this chapter or unless the provision conflicts with federal or state laws or regulations.

((E.)) F. This chapter applies to all forest practices over which the county has jurisdiction under chapter 76.09 RCW and Title 222 WAC.

SECTION 41. Ordinance 15051, Section 137, as amended, and K.C.C. 21A.24.045 are hereby amended to read as follows:

A. Within the following ((seven)) critical areas and their buffers ((all)) alterations are allowed if the alteration complies with the development standards, and prioritizes impact avoidance and minimization measures, ((and)) followed by mitigation requirements and other applicable requirements established in this chapter:

1. Critical aquifer recharge areas;

2. Coal mine hazard areas;

3. Erosion hazard areas;

4. Flood hazard areas except in the severe channel migration hazard areas;

5. Landslide hazard areas under forty percent slope;

6. Seismic hazard areas; ((and))

7. Tsunami hazard areas; and

8. Volcanic hazard areas.

B. Within the following ((seven)) critical areas and their buffers, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations ((on)) in the table in subsection C. of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, and prioritizes impact avoidance and minimization measures, ((and)) followed by mitigation requirements and other applicable requirements established in this chapter:

1. ((Severe channel migration hazard area)) Alluvial fan hazard areas;

2. ((Landslide hazard area over forty percent slope)) Aquatic areas;

3. ((Steep slope hazard area)) Landslide hazard areas over forty percent slope;

4. ((Wetland)) Riparian areas;

5. ((Aquatic area)) Severe channel migration hazard areas;

6. ((Wildlife habitat conservation area; and)) Steep slope hazard areas;

7. ((Wildlife habitat network)) Wetlands;

8. Wildlife habitat conservation areas; and

9. Wildlife habitat networks.

C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required.

A= ((alternation)) Alteration is allowed. Numbers indicate applicable development condition in subsection D. of this section.	Landslide Hazard Areas Over 40% and Buffer	Alluvial Fan Hazard Areas	Steep Slope Hazard Areas and Buffer	Wetland and Buffer	Aquatic Areas ((and Buffer)), Riparian Areas, and Severe Channel Migration Hazard Areas	Wildlife Habitat Conservation Areas and Wildlife Habitat Networks
Structures
Construction of new single detached dwelling unit				A 1	((A 2))
Construction of a new tree-supported structure				A 64	A 64	A 64
((Construction of nonresidential structure))				((A 3))	((A 3))	((A 3, 4))
Maintenance or repair of existing structure	A 5	A 5, 6	A 5	A	A	A 4
Expansion or replacement of existing structure	A 5, 7	A 5, 6, 7	A 5, 7	A 7, 8	A 6, 7, 8	A 4, 7, 8
Interior remodeling	A		A	A	A	A
Construction of new dock or pier				A 9	A 9, 10, 11
Maintenance, repair or replacement of dock or pier				A 12	A 10, 11	A 4
Grading
Grading		A 13, 15, 70	A 13		A 14	A 4, ((14))
Construction of new slope stabilization	A 15, 16	A 15, 16	A 15, 16	A 15, 16	A 15, 16	A 4, 15, 16
Maintenance of existing slope stabilization	A 15, 16	A 15, 16	A ((13)) 15, 16	A 16, 17	A 16, 17	A 4
Mineral extraction	A		A
Clearing
Clearing	A 18	A 18	A 18	A 18, 20	A 14, 18, 20	A 4, ((14,)) 18, 20
Cutting firewood		A 21	A 21	A 21	A 21	A 4, 21
Vegetation management	A 19	A 19	A 19	A 19	A 19	A 4, 19
((Removal of vegetation for fire safety)) Tree and vegetation clearing for the purposes of wildfire preparedness	A 22	A 22	A 22	A 22	A 22	A 4, 22
Removal of noxious weeds or invasive vegetation	A 23	A 23	A 23	A 23	A 23	A 4, 23
Forest Practices
Forest management activity	A	A	A	A	A	A 25
Roads
Construction of new public road right-of-way structure on unimproved right-of-way				A 26	A 26
Construction of new road in a plat				A 26	A 26
Maintenance of public road right-of-way structure	A 16	A 16	A 16	A 16	A 16	A 16, 27
Expansion beyond public road right-of way structure	A	A 26	A	A 26	A 26
Repair, replacement, or modification within the roadway	A 16	A 16	A 16	A 16	A 16	A 16, 27
Construction of driveway or private access road	A 28	A 28, 70	A 28	A 28	A 28	A 28
((Construction of farm field access drive))	((A 29))		((A 29))	((A 29))	((A 29))	((A 29))
Maintenance of driveway, private access road, ((farm field access drive)) or parking lot	A	A 17	A	A 17	A 17	A 17, 27
Construction of a bridge or culvert as part of a driveway or private access road	A 39	A 39, 70	A 39	A 39	A 39	A 39
Bridges or culverts
Maintenance or repair of bridge or culvert	A 16, 17	A 16, 17	A 16, 17	A 16, 17	A 16, 17	A 16, 17, 27
Construction of a new bridge	A 16, 39	A 16, 39	A 16, 39	A 16, 39	A16, 39	A 4, 16, 39
Replacement of bridge or culvert	A 16	A 16	A 16	A 16	A 16, 30	A 16, 27
Expansion of bridge or culvert	A 16, 17	A 16, 17, 31	A 16, 17	A 16, 17, 31	A 16, 17, 31	A ((4))27
Utilities and other infrastructure
Construction of new utility corridor or utility facility	A 32, 33	A 32, 33, 34	A 32, 33, 34, 35	A 32, 34	A 32, 34	A 4, 27, 32, 35
Construction or maintenance of a hydroelectric ((generating)) generation facility	A 67	A 66, 67	A 67	A 66	A 66	A 4, 66
Construction of a new residential utility service distribution line	A 32, 33	A 32, 33, 60	A 32, 33	A 32, 60	A 32, 60	A 27, 32, 60
Maintenance, repair or replacement of utility corridor or utility facility	A 32, 33	A 32, 33	A 32, 33	A 32, 34, 36	A 32, 34, 36	A 4, 32, 37
Construction of a new on-site sewage disposal system or well	((A 24))		((A 24))	A 63	A 63
Maintenance or repair of existing well	A 37	A 37	A 37	A 37	A 37	A 4, 37
Maintenance, ((or)) repair, or replacement of existing on-site sewage disposal system	A 24	A 24, 37	A 24	A 24, 37	A 24, 37	A 4, 24, 37
Construction of new surface water conveyance system	A 32, 33	A 32, 33, 38	A 32, 33	A 32, 38	A 32, 38	A 4
Construction, maintenance, or repair of in-water heat exchanger				A 68	A 68
Maintenance, repair, or replacement of existing surface water conveyance system	A 32, 33	A 16, 32, 33, 40, 41	A 32, 33	A 16, 32, 38	A 16, 32, 38, 40, 41	A 4, 32, 37
Construction of new surface water flow control or surface water quality treatment facility		A 32		A 32	A 32	A 4, 32
Maintenance or repair of existing surface water flow control or surface water quality treatment facility	A 16	A 16	A 16	A 16	A 16	A 4, 16
Construction of new flood protection facility		A 16, 42		A 42	A 42	A 27, 42
Maintenance, repair, or replacement of flood protection facility	A 33, 43	A 33, 43	A 33, 43	A 43	A 43	A 27, 43
Flood risk reduction gravel removal	A 61	A 61	A 61	A 61	A 61	A 61
Construction of new instream structure or instream work	A 16	A 16	A 16	A 16	A 16, 44, 45	A 4, 16, 44, 45
Maintenance or repair of existing instream structure	A 16	A 16	A	A	A	A 4
Recreation
Construction of new trail	A 46	A 46, 47	A 46	A 47	A 47	A 4, 47
Maintenance of outdoor public park facility, trail, or publicly improved recreation area	A 48	A 48	A 48	A 48	A 48	A 4, 48
Habitat, education, and science projects
Habitat restoration or enhancement project	A 49	A 49	A 49	A 49	A 49	A 4, 49
Scientific sampling for salmonids		A 50		A 50	A 50	A 50
Drilling and testing for critical area((s)) reports, or for monitoring and data collection within critical areas	A 51	A 51	A 51	A 51, 52	A 51, 52	A 4
Environmental education project	A 62	A 62	A 62	A 62	A 62	A 62
Agriculture
Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops, and related activity	A 53	A 53	A 53	A 53, 54	A 53, 54	A 53, 54
Grazing livestock	A 53	A 53	A 53	A 53, 54	A 53, 54	A 53, 54
Construction or maintenance of a commercial fish farm				A 53, 54	A 53, 54	A 53, 54
Construction or maintenance of livestock manure storage facility				A 53, 54, 55	A 53, 54, ((55,)) 56	A 53, 54
Construction of a livestock heavy use area				A 53, 54, 55	A 53, 54, ((55,)) 56	A 53, 54
Construction or maintenance of a farm pad				A 56	A 56
Construction of agricultural drainage				A 57	A 57	A 4, 57
Maintenance or replacement of agricultural drainage	A 23, 58	A 23, 53, 54, 58	A 23, 58	A 23, 53, 54, 58	A 23, 53, 54, 58	A 4, 23, 53, 54, 58
Maintenance of agricultural waterway		A 69		A 69	A 69
Construction or maintenance of farm pond, fish pond, or livestock watering pond	((A 53))	A 53, 54	((A 53))	A 53, 54	A 53, 54	A 53, 54
Construction or maintenance of farm field access drive	A 29	A 29	A 29	A 29	A 29	A 29
Construction of nonresidential structure		A 3		A 3	A 3	A 3, 4
Other
Shoreline water dependent or shoreline water oriented use					A 65
Excavation of cemetery graves in established and approved cemetery	A	A	A	A	A	A
Maintenance of cemetery graves	A	A	A	A	A	A
Maintenance of lawn, landscaping, or garden for personal consumption	A 59	A 59	A 59	A 59	A 59	A 59
Maintenance of golf course	A 17	A 17	A 17	A 17	A 17	A 4, 17

D. The following alteration conditions apply:

1. Limited to farm residences in grazed or tilled wet meadows and subject to the limitations of subsection D.3. of this section.

2. ((Only allowed in a buffer of a lake that is twenty acres or larger on a lot that was created before January 1, 2005, if:

a. at least seventy-five percent of the lots abutting the shoreline of the lake or seventy-five percent of the lake frontage, whichever constitutes the most developable lake frontage, has existing density of four dwelling units per acre or more;

b. the development proposal, including mitigation required by this chapter, will have the least adverse impact on the critical area;

c. existing native vegetation within the critical area buffer will remain undisturbed except as necessary to accommodate the development proposal and required building setbacks;

d. access is located to have the least adverse impact on the critical area and critical area buffer;

e. the site alteration is the minimum necessary to accommodate the development proposal and in no case in excess of five thousand square feet;

f. the alteration is no closer than:

(1) on a site with a shoreline environment designation of high intensity or residential, the greater of twenty-five feet or the average of the setbacks on adjacent lots on either side of the subject property, as measured from the ordinary high water mark of the lake shoreline;

(2) on a site with a shoreline environment designation of rural, conservancy, resource or forestry, the greater of fifty feet or the average of the setbacks on adjacent lots on either side of the subject property, as measured from the ordinary high water mark; and

(3) on a site with a shoreline environment designation of natural, the greater of one hundred feet or the average of the setbacks on adjacent lots on either side of the subject property, as measured from the ordinary high water mark; and

g. to the maximum extent practical, alterations are mitigated on the development proposal site by enhancing or restoring remaining critical area buffers.)) Repealed.

3. Limited to nonresidential farm-structures in grazed or tilled wet meadows, ((or)) wetland buffers ((of wetlands)), or ((aquatic)) riparian areas where:

a. the site is predominantly used for the practice of ((agriculture)) agricultural activities;

b. the structure is in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051;

c. the structure is either:

(1) on or adjacent to existing nonresidential impervious surface areas, additional impervious surface area is not created waterward of any existing impervious surface areas, and the area was not used for crop production;

(2) higher in elevation and no closer to the critical area than its existing position; or

(3) at a location away from existing impervious surface areas that is determined to be the optimum site in the farm management plan;

d. all best management practices associated with the structure specified in the farm management plan are installed and maintained;

e. installation of fencing in accordance with K.C.C. chapter 21A.30 does not require the development of a farm management plan if required best management practices are followed and the installation does not require clearing of critical areas or their buffers; and

f. in an alluvial fan hazard area or a severe channel migration hazard area ((portion of an aquatic buffer only)) if:

(1) there is no feasible alternative location on-site;

(2) the structure is located where it is least subject to risk from alluvial fan hazards or channel migration;

(3) the structure is not used to house animals or store hazardous substances; and

(4) the total footprint of all accessory structures within the severe channel migration hazard area will not exceed the greater of one thousand square feet or two percent of the severe channel migration hazard area on the site.

4. No clearing, external construction, or other disturbance in a wildlife habitat conservation area is allowed during breeding seasons established under K.C.C. 21A.24.382.

5. Allowed for structures when:

a. the landslide hazard, steep slope hazard, or alluvial fan hazard poses little ((or)) to no risk of injury;

b. the hazard risks ((of landsliding is)) from landslides, steep slopes, or alluvial fans are low; and

c. there is no((t an)) expansion of the structure.

6. Within an alluvial fan hazard area or severe channel migration hazard area allowed for:

a. existing legally established primary structures if:

(1) there is not an increase of the footprint of any existing structure; and

(2) there is not a substantial improvement as defined in K.C.C. 21A.06.1270; and

b. existing legally established accessory structures if:

(1) additions to the footprint will not make the total footprint of all existing structures more than one((-)) thousand square feet; and

(2) there is no((t an)) expansion of the footprint towards any source of alluvial fan hazard or channel migration hazard, unless the applicant demonstrates that the location is less subject to risk and has less impact on the critical area.

7. Allowed only in ((grazed wet meadows or the)) a critical area, associated buffer, or ((building)) critical area setback outside a severe channel migration hazard area if:

a. the expansion or replacement does not increase the footprint of a nonresidential structure;

b.(1) for a legally established dwelling unit, the expansion or replacement, including any expansion of a legally established accessory structure allowed under this subsection B.7.b., does not increase the footprint of the dwelling unit and all other structures by more than one thousand square feet, not including any expansion of a drainfield made necessary by the expansion of the dwelling unit. To the maximum extent practical, the replacement or expansion of a drainfield in the buffer should be located within areas of existing lawn or landscaping, unless another location will have a lesser impact on the critical area and ((its)) associated buffer;

(2) for a structure accessory to a dwelling unit, the expansion or replacement is located on or adjacent to existing impervious surface areas and does not result in a cumulative increase in the footprint of the accessory structure and the dwelling unit by more than one thousand square feet;

(3) the location of the expansion has the least adverse impact on the critical area; and

(4) a comparable area of degraded buffer area shall be enhanced through removal of nonnative plants and replacement with native vegetation or climate-smart plants in accordance with an approved ((landscaping)) mitigation plan;

c. the structure was not established as the result of an alteration exception, variance, buffer averaging or reasonable use exception;

d. to the maximum extent practical, the expansion or replacement is not located closer to the critical area or within the relic of a channel that can be connected to an aquatic area; and

e. The expansion of a residential structure in ((the buffer of)) a riparian area adjacent to a ((T))type S aquatic area that extends towards the ordinary high water mark requires a shoreline variance if:

(1) the expansion is within thirty-five feet of the ordinary high water mark; or

(2) the expansion is between thirty-five and fifty feet of the ordinary high water mark and the area of the expansion extending towards the ordinary high water mark is greater than three hundred square feet.

8. Allowed upon another portion of an existing impervious surface outside a severe channel migration hazard area if:

a. except as otherwise allowed under subsection D.7. of this section, the structure is not located closer to the critical area;

b. except as otherwise allowed under subsection D.7. of this section, the existing impervious surface within the critical area or buffer is not expanded; and

c. the degraded buffer area is enhanced through removal of nonnative plants and replacement with native vegetation or climate-smart plants in accordance with an approved ((landscaping)) mitigation plan.

9. Limited to piers or seasonal floating docks in a category II, III, or IV wetland or ((its)) associated buffer or along a lake shoreline or ((its buffer)) the adjacent riparian area where:

a. the vegetation where the alteration is proposed does not consist of dominant native wetland herbaceous or woody vegetation six feet in width or greater and the lack of this vegetation is not the result of any violation of law;

b. the wetland or lake shoreline is not a salmonid spawning area;

c. hazardous substances or toxic materials are not used; and

d. if located in a freshwater lake, the pier or dock conforms to the standards for docks under K.C.C. 21A.25.180.

10. Allowed on type N or O aquatic areas if hazardous substances or toxic materials are not used.

11. Allowed on type S or F aquatic areas outside of the severe channel migration hazard area if in compliance with K.C.C. 21A.25.180.

12. When located on a lake, must be in compliance with K.C.C. 21A.25.180.

13. Limited to regrading and stabilizing of a slope formed as a result of a legal grading activity.

14. ((The following are allowed in the severe channel migration hazard area if conducted more than one hundred sixty-five feet from the ordinary high water mark in the rural area and natural resource lands and one-hundred fifteen feet from the ordinary high water mark in the urban area:

a. grading of up to fifty cubic yards on lot less than five acres; and

b. clearing of up to one-thousand square feet or up to a cumulative thirty-five percent of the severe channel migration hazard area.)) Repealed.

15. Only where erosion or landsliding threatens a primary structure, utility facility, roadway, driveway, or public trails, ((aquatic area or wetland if,)) and to the maximum extent practical, stabilization work does not disturb the slope and its vegetative cover and any associated critical areas.

16. Allowed ((when)) for projects performed by, at the direction of, or authorized by a government agency in accordance with regional road construction and maintenance guidelines.

17. Allowed ((when)) for projects not performed under the direction of a government agency only if:

a. the maintenance or expansion does not involve the use of herbicides, hazardous substances, sealants, or other liquid oily substances in aquatic areas, riparian areas, wetlands, or ((their)) associated buffers; and

b. when maintenance, expansion, or replacement of bridges or culverts involves water used by salmonids:

(1) the work ((is in compliance)) complies with ditch standards in public rule; and

(2) the maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet.

18. Allowed for the removal of hazard trees and vegetation as necessary for surveying or testing purposes.

19. The limited trimming, pruning, or removal of vegetation under a vegetation management plan approved by the department:

a. in steep slope and landslide hazard areas, for the making and maintenance of view corridors; and

b. in all critical areas for habitat enhancement, invasive species control, or forest management activities.

20. Harvesting of plants and plant materials, such as plugs, stakes, seeds, or fruits, for restoration and enhancement projects is allowed.

21. Cutting of firewood is subject to the following:

a. not allowed within a wildlife habitat conservation area, wetland, aquatic area, steep slope hazard area, or on a tree containing an active nest ((cutting firewood is not allowed));

b. within a wildlife habitat network, cutting shall be in accordance with a management plan approved under K.C.C. 21A.24.386; and

c. when firewood is for personal use, cutting is allowed within ((a)) critical areas and critical area buffers((, cutting shall be for personal use and)) when done in accordance with an approved forest management plan ((or rural stewardship plan)).

22. ((Allowed only in buffers if in accordance with best management practices approved by the King County fire marshal)) Not allowed in wetlands, aquatic areas, wildlife habitat conservation areas, or severe channel migration hazard areas. Otherwise, allowed in critical areas and associated buffers within the wildland urban interface if limited to the activities listed in K.C.C. 16.82.051.E.23.

23. Allowed as follows:

a. if conducted in accordance with an approved forest management plan((,)) or farm management plan((, or rural stewardship plan)); or

b. without an approved forest management plan((,)) or farm management plan((, or rural stewardship plan)), only if:

(1) removal is undertaken with hand labor, including hand-held mechanical tools, unless the King County noxious weed control board otherwise prescribes the use of riding mowers, light mechanical cultivating equipment, or herbicides or biological control methods;

(2) the area is stabilized to avoid regrowth or regeneration of noxious weeds;

(3) the cleared area is revegetated with native vegetation or climate-smart plants and stabilized against erosion; and

(4) herbicide use is in accordance with federal and state law((;)).

24. Allowed to repair or replace existing on site wastewater disposal systems in accordance with the applicable public health standards within Marine Recovery Areas adopted by ((the P))public ((H))health - Seattle & King County and:

a. there is no alternative location available with less impact on the critical area;

b. impacts to the critical area are minimized to the maximum extent practicable;

c. the alterations will not subject the critical area to increased risk of landslide or erosion;

d. vegetation removal is the minimum necessary to accommodate the septic system; and

e. significant risk of personal injury is eliminated or minimized in the landslide hazard area.

25. Only if in compliance with published Washington state Department of Fish and Wildlife and Washington state Department of Natural Resources Management standards for the species. If there are no published Washington state standards, only if in compliance with management standards determined by the county to be consistent with best available science.

26. Allowed only if:

a. there is no((t)) ((an))other feasible location with less adverse impact on the critical area and ((its)) associated buffer;

b. the corridor is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site((.));

c. the corridor width is minimized to the maximum extent practical;

d. the construction occurs during approved periods for instream work;

e. the corridor will not change or diminish the overall aquatic area flow peaks, duration, or volume or the flood storage capacity; and

f. no new public right-of-way is established within a severe channel migration hazard area.

27. To the maximum extent practical, during breeding season established under K.C.C. 21A.24.382, land clearing machinery such as bulldozers, graders, or other heavy equipment are not operated within a wildlife habitat conservation area.

28. Allowed only if:

a. an alternative access is not available;

b. impact to the critical area is minimized to the maximum extent practical including the use of walls to limit the amount of cut and fill necessary;

c. the risk associated with landslide and erosion is minimized;

d. access is located where it is least subject to risk from channel migration; and

e. construction occurs during approved periods for instream work.

29. Allowed ((O))only on sites currently involved in the practice of agricultural activities if:

a. in compliance with a farm management plan in accordance with K.C.C. 21A.24.051, and constructed using best management practices approved by the permitting division;

b. there is no other feasible location with less adverse impact on critical areas and associated buffers;

c. in compliance with the farmland dispersion requirements of the King County Surface Water Design Manual;

d. access is located where it is least subject to risk from channel migration;

e. a floodplain development permit is obtained for any action within the floodplain; and

f. all other required state and federal permits have been obtained and actions comply with such permits.

30. Allowed only if:

a. the new construction or replacement is made fish passable in accordance with the most recent Washington state Department of Fish and Wildlife manuals or with the National Marine and Fisheries Services guidelines for federally listed salmonid species; and

b. the site is restored with appropriate native vegetation or climate-smart plants in accordance with an approved mitigation plan.

31. Allowed if necessary to bring the bridge or culvert up to current standards and if:

a. there is no((t an)) other feasible alternative available with less impact on the aquatic area and ((its buffer)) adjacent riparian area; and

b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the aquatic area and ((its buffers)) adjacent riparian area.

32. Allowed in an existing roadway if conducted consistent with the regional road maintenance guidelines.

33. Allowed outside the roadway if:

a. the alterations will not subject the critical area to an increased risk ((of)) from landslide, alluvial fan, or erosion hazards;

b. vegetation removal is the minimum necessary to locate the utility or construct the corridor; and

c. significant risk of personal injury is eliminated or minimized in the landslide or alluvial fan hazard area.

34. Limited to the pipelines, cables, wires, and support structures of utility facilities within utility corridors if:

a. there is no alternative location with less adverse impact on the critical area and critical area buffer;

b. new utility corridors meet ((all of)) the following to the maximum extent practical:

(1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;

(2) the mean annual flow rate is less than twenty cubic feet per second; and

(3) paralleling the channel or following a down-valley route near the channel is avoided;

c. to the maximum extent practical utility corridors are located so that:

(1) the width is the minimized;

(2) the removal of trees greater than twelve inches diameter at breast height is minimized;

(3) an additional, contiguous, and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the critical area;

d. to the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary, the following standards are met:

(1) to the maximum extent practical, the width of the maintenance road is minimized and in no event greater than fifteen feet; and

(2) the location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;

e. the utility corridor or facility will not adversely impact the overall critical area hydrology or diminish flood storage capacity;

f. the construction occurs during approved periods for instream work;

g. the utility corridor serves multiple purposes and properties to the maximum extent practical;

h. bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical;

i. bored, drilled, or other trenchless crossings ((is)) are laterally constructed at least four feet below the maximum depth of scour for the base flood;

j. bridge piers or abutments for bridge crossing are not placed within the FEMA floodway or the ordinary high water mark;

k. open trenching is only used during low flow periods or only within aquatic areas when they are dry. The department may approve open trenching of type S or F aquatic areas only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and

l. minor communication facilities may collocate on existing utility facilities if:

(1) no new transmission support structure is required; and

(2) equipment cabinets are located on the transmission support structure.

35. Allowed only for new utility facilities in existing utility corridors.

36. Allowed for onsite private individual utility service connections or private or public utilities if the disturbed area is not expanded and no hazardous substances, pesticides or fertilizers are applied.

37. Allowed if the disturbed area is not expanded, clearing is limited to the maximum extent practical, and no hazardous substances, pesticides, or fertilizers are applied.

38. Allowed if:

a. conveying the surface water into the wetland buffer or ((aquatic area buffer)) riparian area, and discharging into the wetland buffer or ((aquatic area buffer)) riparian area or at the wetland or aquatic area edge, has less adverse impact upon the wetland ((or)), wetland buffer, aquatic area, or riparian area ((or wetland or aquatic area buffer)) than if the surface water were discharged at the buffer(('s)) or riparian area edge and allowed to naturally drain through the buffer or riparian area;

b. the volume of discharge is minimized through application of low impact development and water quality measures identified in the King County Surface Water Design Manual;

c. the conveyance and outfall are installed with hand equipment where feasible;

d. the outfall shall include bioengineering techniques where feasible; and

e. the outfall is designed to minimize adverse impacts to critical areas.

39. Allowed only if:

a. there is no feasible alternative with less impact on the critical area and ((its)) associated buffer;

b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the critical area and ((its)) associated buffer;

c. the bridge or culvert is not located over habitat used for salmonid rearing or spawning unless there is no other feasible crossing site;

d. construction occurs during approved periods for in-stream work; and

e. bridge piers or abutments for bridge crossings are not placed within the FEMA floodway, severe channel migration hazard area, or waterward of the ordinary high water mark.

40. Allowed for an open, vegetated stormwater management conveyance system and outfall structure that simulates natural conditions if:

a. fish habitat features necessary for feeding, cover, and reproduction are included when appropriate;

b. vegetation is maintained and added adjacent to all open channels and ponds, if necessary to prevent erosion, filter out sediments, or shade the water; and

c. bioengineering techniques are used to the maximum extent practical.

41. Allowed for a closed, tightlined conveyance system and outfall structure if:

a. necessary to avoid erosion of slopes; and

b. bioengineering techniques are used to the maximum extent practical.

42. Allowed in a severe channel migration hazard area, riparian area, or an ((aquatic area buffer)) alluvial fan hazard area to prevent bank erosion only:

a. if consistent with the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002) and if bioengineering techniques are used to the maximum extent practical, unless the applicant demonstrates that other methods provide equivalent structural stabilization and environmental function;

b. based on a critical area((s)) report, the department determines that the new flood protection facility will not cause ((significant)) adverse impacts to upstream or downstream properties; and

c. to prevent bank erosion for the protection of:

(1) public roadways;

(2) sole access routes in existence before February 16, 1995;

(3) new primary dwelling units, accessory dwelling units, or accessory living quarters and residential accessory structures located outside the severe channel migration hazard area if:

(a) the site is adjacent to or abutted by properties on both sides containing buildings or sole access routes protected by legal bank stabilization in existence before February 16, 1995. The buildings, sole access routes, or bank stabilization must be located no more than six hundred feet apart as measured parallel to the migrating channel; and

(b) the new primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures are located no closer to the aquatic area than existing primary dwelling units, accessory dwelling units, accessory living quarters, or residential accessory structures on abutting or adjacent properties; or

(4) existing primary dwelling units, accessory dwelling units, accessory living quarters, or residential accessory structures if:

(a) the structure was in existence before the adoption date of a King County Channel Migration Zone hazard map that applies to that channel, if such a map exists;

(b) the structure is in imminent danger, as determined by a ((geologist, engineering geologist or geotechnical engineer)) geological professional;

(c) the applicant has demonstrated that the existing structure is at risk, and the structure and supporting infrastructure cannot be relocated on the lot further from the source of channel migration; and

(d) nonstructural measures are not feasible.

43. Applies to lawfully established existing structures if:

a. the height of the facility is not increased, unless the facility is being replaced in a new alignment that is landward of the previous alignment and enhances aquatic area habitat and process;

b. the linear length of the facility is not increased, unless the facility is being replaced in a new alignment that is landward of the previous alignment and enhances aquatic area habitat and process;

c. the footprint of the facility is not expanded waterward;

d. consistent with the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002) and bioengineering techniques are used to the maximum extent practical;

e. the site is restored with appropriate native vegetation, or climate-smart plants and erosion protection materials according to an approved mitigation plan; and

f. based on a critical area((s)) report, the department determines that the maintenance, repair, replacement, or construction will not cause ((significant)) adverse impacts to upstream or downstream properties.

44. Allowed in type N and O aquatic areas if done in the least impacting way at the least impacting time of year, in conformance with applicable best management practices, and all affected instream and ((buffer)) riparian area features are restored.

45. Allowed in a type S or F water when such work is:

a. included as part of a project to evaluate, restore, mitigate, or ((improve)) enhance habitat((, and));

b. sponsored or cosponsored by an Indian tribe, ((public)) government agency, nonprofit organization that has natural resource management as a function, or ((by a federally recognized tribe)) a higher education institution; and

c. in compliance with the criteria of subsection D.49. of this section.

46. Allowed ((as long as)) if the trail is not constructed of impervious surfaces that will contribute to surface water run-off, unless the construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to ((handicapped)) persons with disabilities.

47. ((Not allowed in a wildlife habitat conservation area. Otherwise, a))Allowed only in ((the buffer)) a riparian area or wetland buffer, or for crossing a category II, III, or IV wetland or a type F, N, or O aquatic area((,)); or a wildlife habitat network, if:

a. the trail surface is made of pervious materials, except that public multipurpose trails and public trails constructed for access by persons with disabilities may be made of impervious materials if they meet all the requirements in K.C.C. chapter 9.12. A trail section that crosses a wetland or aquatic area shall be constructed as a raised boardwalk or bridge;

b. to the maximum extent practical, buffers, riparian areas, and wildlife habitat network areas are expanded equal to the width of the trail corridor including disturbed areas;

c. there is not another feasible location with less adverse impact on the critical area and ((its)) associated buffer;

d. the trail is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;

e. the trail width is minimized to the maximum extent practical and private foot trails are limited to three feet in width;

f. the construction occurs during approved periods for instream work; ((and))

g. the trail corridor will not change or diminish the overall aquatic area flow peaks, duration or volume or the flood storage capacity((.));

h. the trail shall minimize impacts within a wetland buffer, riparian area, or wildlife habitat network by avoiding a route that parallels the wetland or aquatic area to the maximum extent practical;

i. trail maintenance or expansion does not involve the use of herbicides, hazardous substances, sealants, or other liquid oily substances within aquatic areas, riparian areas, wetlands or associated buffers;

j. the trail may be ((located across a critical area buffer)) allowed to cross a riparian area, wetland buffer, or wildlife habitat network for access to a viewing platform or to a permitted dock or pier; and

((i. A)) k. a private viewing platform may be allowed if it is:

(1) located upland from the wetland edge or the ordinary high water mark of an aquatic area;

(2) located where it will not be detrimental to the functions of the wetland or aquatic area and will have the least adverse environmental impact on the critical area or ((its)) associated buffer;

(3) limited to fifty square feet in size;

(4) constructed of materials that are nontoxic; and

(5) on footings located outside of the wetland or aquatic area.

48. Only if the maintenance:

a. does not involve the use of herbicides or other hazardous substances except for the removal of noxious weeds or invasive vegetation;

b. when salmonids are present, the maintenance is in compliance with ditch standards in public rule; and

c. does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope, or other improved area being maintained.

49. Limited to alterations to create, restore, or enhance aquatic or wetland habitat forming processes or ((directly restore)) habitat functions and values, including access for construction, as follows:

a. ((projects sponsored or cosponsored by a public agency that has natural resource management as a primary function or by a federally recognized tribe;

b.)) creation, restoration, and enhancement plans shall be prepared by an ((qualified biologist)) ecological professional; ((or

c. conducted in accordance with an approved forest management plan, farm management plan or rural stewardship plan)) and

b. the applicant provides an ecological critical area report that includes the following:

(1) an evaluation of the anticipated net change in ecological functions from pre-project to post project;

(2) a mitigation plan for impacts to critical areas and associated buffers, unless the applicant demonstrates to the satisfaction of the department that the proposed project will provide a net ecological benefit and increase in function over the existing conditions of the project area; and

(3) a monitoring and reporting plan to demonstrate the gain of ecological function.

50. Allowed in accordance with a scientific sampling permit issued by Washington state Department of Fish and Wildlife or an incidental take permit issued under Section 10 of the Endangered Species Act.

51. Allowed for the minimal clearing and grading, including site access, necessary to prepare critical area reports.

52. The following are allowed if associated spoils are contained:

a. data collection and research if carried out to the maximum extent practical by nonmechanical or hand-held equipment;

b. survey monument placement;

c. site exploration and gage installation if performed in accordance with state-approved sampling protocols and accomplished to the maximum extent practical by hand-held equipment ((and)); or

d. similar work associated with an incidental take permit issued under Section 10 of the Endangered Species Act or consultation under Section 7 of the Endangered Species Act.

53. Limited to activities in continuous existence since January 1, 2005, with no expansion within the critical area or critical area buffer. "Continuous existence" includes cyclical operations and managed periods of soil restoration, enhancement or other fallow states not exceeding seven years and associated with these horticultural and agricultural activities.

54. Allowed for expansion of existing or new agricultural activities where:

a. the site is predominantly involved in the practice of ((agriculture)) agricultural activities;

b. there is no expansion into an area that:

(1) has been cleared under a class I, II, III, IV-S, or nonconversion IV-G forest practice permit; or

(2) is ((more than ten thousand square feet with tree cover at a uniform density more than ninety trees per acre and with the predominant mainstream diameter of the trees at least four inches diameter at breast height)) a wetland, wetland buffer, or riparian area that contains predominately native forest overstory, shrub, or herbaceous layer, not including areas that are actively managed as agricultural crops for pulpwood, Christmas trees, or ornamental nursery stock;

c. the activities are in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051; and

d. all best management practices associated with the activities specified in the farm management plan are installed and maintained.

55. Only allowed in grazed or tilled wet meadows or ((their)) associated buffers if:

a. the facilities are designed to the standards of an approved farm management plan or livestock management plan and in accordance with K.C.C. 21A.24.051 ((or an approved livestock management plan in accordance with K.C.C. chapter 21A.30));

b. there is not a feasible alternative location available on the site; and

c. the facilities are located close to the outside edge of the buffer to the maximum extent practical.

56. Only allowed in:

a.(1) a severe channel migration hazard area located outside of the shoreline((s)) jurisdiction area;

(2) grazed or tilled wet meadow or wet meadow buffer; or

(3) ((aquatic area buffer)) grazed or tilled riparian area; and only if:

b.(1) the applicant demonstrates that adverse impacts to the critical area and critical area buffers have been minimized;

(2) there is ((not another)) no other feasible location available on the site that is located outside of the critical area or critical area buffer;

(3) the farm pad, livestock manure storage facility, or livestock heavy use area is designed to the standards in an approved farm management plan in accordance with K.C.C. 21A.24.051; and

(4) for proposals located in the severe channel migration hazard area, the farm pad, or livestock manure storage facility, or livestock heavy use area is located where it is least subject to risk from channel migration.

57. Allowed for new agricultural drainage in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051 and all best management practices associated with the activities specified in the farm management plan are installed and maintained.

58. If the agricultural drainage is used by salmonids, maintenance shall ((be in compliance)) comply with an approved farm management plan in accordance with K.C.C. 21A.24.051.

59. Allowed within existing landscaped areas or other previously disturbed areas.

60. Allowed for residential utility service distribution lines to residential dwellings, including, but not limited to, well water conveyance, septic system conveyance, water service, sewer service, natural gas, electrical, cable, and telephone, if:

a. there is no alternative location with less adverse impact on the critical area or the critical area buffer;

b. the residential utility service distribution lines meet ((all of)) the following, to the maximum extent practical:

(1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site;

(2) not located over a type S aquatic area;

(3) paralleling the channel or following a down-valley route near the channel is avoided;

(4) the width of clearing is minimized;

(5) the removal of trees greater than twelve inches diameter at breast height is minimized;

(6) an additional, contiguous, and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area is provided to protect the critical area;

(7) access for maintenance is at limited access points into the critical area buffer.

(8) the construction occurs during approved periods for instream work;

(9) bored, drilled, or other trenchless crossings are ((is)) encouraged, and shall be laterally constructed at least four feet below the maximum depth of scour for the base flood; and

(10) open trenching across Type O or Type N aquatic areas is only used during low flow periods or only within aquatic areas when they are dry.

61. Allowed if sponsored or cosponsored by the countywide flood control zone district, or the department of natural resources and parks and the department of local services, permitting division, determines that the project and its location:

a. is the best flood risk reduction alternative practicable;

b. is part of a comprehensive, long-term flood management strategy;

c. is consistent with the King County Flood Management Plan policies;

d. will have the least adverse impact on the ecological functions of the critical area or ((its)) associated buffer, including habitat for fish and wildlife that are identified for protection in the King County Comprehensive Plan; and

e. has been subject to public notice in accordance with K.C.C. 20.44.060.

62.a. Not allowed in wildlife habitat conservation areas;

b. Only allowed if:

(1) the project is sponsored or cosponsored by a public agency whose primary function deals with natural resources management;

(2) the project is located on public land or on land that is owned by a nonprofit agency whose primary function deals with natural resources management;

(3) there is not a feasible alternative location available on the site with less impact to the critical area or ((its)) associated buffer;

(4) the aquatic area or wetland is not for salmonid rearing or spawning;

(5) the project minimizes the footprint of structures and the number of access points to any critical areas; and

(6) the project meets the following design criteria:

(a) to the maximum extent practical size of platform shall not exceed one hundred square feet;

(b) all construction materials for any structures, including the platform, pilings, exterior and interior walls, and roof, are constructed of nontoxic material, such as nontreated wood, vinyl-coated wood, nongalvanized steel, plastic, plastic wood, fiberglass, or cured concrete that the department determines will not have an adverse impact on water quality;

(c) the exterior of any structures are sufficiently camouflaged using netting or equivalent to avoid any visual deterrent for wildlife species to the maximum extent practical. The camouflage shall be maintained to retain concealment effectiveness;

(d) structures shall be located outside of the wetland or aquatic area landward of the ((O))ordinary ((H))high ((W))water ((M))mark or open water component, ((())if applicable(())), to the maximum extent practical on the site;

(e) construction occurs during approved periods for work inside the ((O))ordinary ((H))high ((W))water ((M))mark;

(f) construction associated with bird blinds shall not occur from March 1 through August 31, in order to avoid disturbance to birds during the breeding, nesting, and rearing seasons;

(g) to the maximum extent practical, provide accessibility for persons with physical disabilities in accordance with the International Building Code;

(h) trail access is designed in accordance with public rules adopted by the department;

(i) existing native vegetation within the critical area will remain undisturbed except as necessary to accommodate the proposal. Only minimal hand clearing of vegetation is allowed; and

(j) disturbed bare ground areas around the structure must be ((replanted)) revegetated with native vegetation or climate-smart plants approved by the department.

63. Not allowed in the severe channel migration ((zone,)) hazard area. Otherwise allowed if there is no alternative location with less adverse impact on the critical area and buffer, and clearing is minimized to the maximum extent practical.

64. Only structures wholly or partially supported by a tree and used as accessory living quarters or for play and similar uses described in K.C.C. 16.02.240.1, subject to the following:

a. not allowed in wildlife habitat conservation areas, wetlands, aquatic areas, or severe channel migration hazard areas;

b. the structure's floor area shall not exceed two hundred square feet, excluding a narrow access stairway or landing leading to the structure;

c. the structure shall be located as far from ((the critical area)) wetlands or aquatic areas as practical, but in no case closer than seventy-five feet from ((the critical area)) a wetland or an aquatic area;

d. only one tree-supported structure within a critical area buffer or riparian area is allowed on a lot;

e. all construction materials for the structure, including the platform, pilings, exterior and interior walls, and roof, shall be constructed of nontoxic material, such as nontreated wood, vinyl-coated wood, nongalvanized steel, plastic, plastic wood, fiberglass, or cured concrete that the department determines will not have an adverse impact on water quality;

f. to the maximum extent practical, the exterior of the structure shall be camouflaged with natural wood and earth tone colors to limit visual impacts to wildlife and visibility from the critical area. The camouflage shall be maintained to retain concealment effectiveness;

g. the structure must not adversely impact the long-term health and viability of the tree. The evaluation shall include, but not be limited to, the following:

(1) the quantity of supporting anchors and connection points to attach the tree house to the tree shall be the minimum necessary to adequately support the structure;

(2) the attachments shall be constructed using the best available tree anchor bolt technology; and

(3) an ((ISA)) International Society of Arboriculture Certified Arborist shall evaluate the tree proposed for placement of the tree house and shall submit a report discussing how the tree's long-term health and viability will not be negatively impacted by the tree house or associated infrastructure;

h. exterior lighting shall meet the following criteria:

(1) limited to the minimum quantity of lights necessary to meet the building code requirements to allow for safe exiting of the structure and stairway; and

(2) exterior lights shall be fully shielded and shall direct light downward, in an attempt to minimize impacts to the nighttime environment;

i. unless otherwise approved by the department, all external construction shall be limited to September 1 through March 1 in order to avoid disturbance to wildlife species during typical breeding, nesting, and rearing seasons;

j. trail access to the structure shall be designed in accordance with trail standards under subsection D.47. of this section;

k. to the maximum extent practical, existing native vegetation shall be left undisturbed. Only minimal hand clearing of vegetation is allowed; and

l. vegetated areas within the critical area buffer or riparian area that are temporarily impacted by construction of the structure shall be restored by planting native vegetation or climate-smart plants according to a ((vegetation management)) mitigation plan approved by the department.

65. Shoreline water dependent and shoreline water oriented uses are allowed in ((the aquatic area and aquatic area buffer of a)) ((T))type S aquatic area and adjacent riparian area if consistent with K.C.C. chapter 21A.25, chapter 90.58 RCW, and the King County Comprehensive Plan.

66. Only hydroelectric ((generating)) generation facilities meeting the requirements of K.C.C. 21A.08.100B.14., and only as follows:

a. there is ((not another)) no other feasible location within the aquatic area with less adverse impact on the critical area and ((its)) associated buffer;

b. the facility and corridor ((is)) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible location;

c. the facility is not located in Category I wetlands or Category II wetlands with a habitat score of ((8)) eight points or greater;

d. the corridor width is minimized to the maximum extent practical;

e. paralleling the channel or following a down-valley route within ((an aquatic area buffer)) riparian area is avoided to the maximum extent practical;

f. the construction occurs during approved periods for instream work;

g. the facility and corridor will not change or adversely impact the overall aquatic area flow peaks, duration or volume or the flood storage capacity;

h. the facility and corridor ((is)) are not located within a severe channel migration hazard area;

i. to the maximum extent practical, buildings will be located outside the wetland buffer or riparian area and away from the wetland or aquatic area ((or wetland));

j. to the maximum extent practical, access for maintenance is at limited access points into the critical area or associated buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary, the following standards are met:

(1) to the maximum extent practical the width of the maintenance road is minimized and in no event greater than fifteen feet; and

(2) the location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;

k. the facility does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; and

l. the facility connects to or is an alteration to a public roadway, public trail, a utility corridor or utility facility, or other infrastructure owned or operated by a public utility.

67. Only hydroelectric ((generating)) generation facilities meeting the requirements of K.C.C. 21A.08.100.B.14, and only as follows:

a. there is no((t an))other feasible location with less adverse impact on the critical area and ((its)) associated buffer;

b. the alterations will not subject the critical area to an increased risk of landslide or erosion;

c. the corridor width is minimized to the maximum extent practical;

d. vegetation removal is the minimum necessary to locate the utility or construct the corridor;

e. the facility and corridor do not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site and ((is)) are consistent with the general purposes of this chapter, and the public interest and significant risk of personal injury ((is)) are eliminated or minimized in the landslide hazard area; and

f. the facility connects to or is an alteration to a public roadway, public trail, a utility corridor or utility facility or other infrastructure owned or operated by a public utility.

68. Only for a single detached dwelling unit on a lake twenty acres or larger and only as follows:

a. the heat exchanger must be a closed loop system that does not draw water from or discharge to the lake;

b. the lake bed shall not be disturbed, except as required by the county or a state or federal agency to mitigate for impacts of the heat exchanger;

c. the in-water portion of system is only allowed where water depth exceeds six feet; and

d. system structural support for the heat exchanger piping shall be attached to an existing dock or pier or be attached to a new structure that meets the requirements of K.C.C. 21A.25.180.

69. Only for maintenance of agricultural waterways if:

a. the purpose of the maintenance project is to improve agricultural production on a site predominately engaged in the practice of agriculture;

b. the maintenance project is conducted in compliance with a hydraulic project approval issued by the Washington state Department of Fish and Wildlife ((pursuant to)) in accordance with chapter 77.55 RCW;

c. the maintenance project complies with the King County agricultural drainage assistance program as agreed to by the Washington state Department of Fish and Wildlife, the department of local services, permitting division, and the department of natural resources and parks, and as reviewed by the Washington state Department of Ecology;

d. the person performing the maintenance and the landowner have attended training provided by King County on the King County agricultural drainage assistance program and the best management practices required under that program; and

e. the maintenance project complies with K.C.C. chapter 16.82.

70. Only allowed within an alluvial fan hazard area, and overlapping critical areas if:

a. in response to an emergency event where channel avulsion or migration is imminent or has occurred as a result of a pulse of in-channel sediment or debris deposition;

b. to prevent an imminent threat to:

(1) public roadways, utilities, and other infrastructure;

(2) sole access driveways and roads;

(3) primary dwelling units, accessory dwelling units, or accessory living quarters, and residential accessory structures;

(4) agricultural activities structures necessary to store equipment, produce, or livestock;

c. conducted under an approved emergency authorization request per K.C.C. 16.082.065;

d. the emergency work is completed within thrity days of receiving a written emergency authorization;

e. the emergency work is the minimum necessary bank stabilization, sediment removal, or repair of existing infrastructure to mitigate the imminent threat;

f. proposed in-stream work is minimized or results in the least adverse impact in the short term to the ecological functions and values of the critical areas present, including special consideration for fish or fish eggs in the project area;

g. downstream sediment runoff and turbidity is minimized and does not exceed the impact of the emergency event;

h. the applicant provides sufficient notice of work to the department for a department representative to be present at the site during work activities, if the department determines that observation is necessary;

i. as part of the permitting process following the emergency authorization, the applicant proposes compensatory mitigation and additional alterations as necessary to:

(1) mitigate any adverse ecological impacts of the emergency actions;

(2) minimize the risk of alluvial fan hazards that could result in the necessity of future emergency actions to the maximum extent practical; and

(3) minimize to the maximum extent practical the frequency and magnitude of future adverse ecological impacts that may result from future hazard mitigation activities; and

j. nonemergency work required under the subsequent permit occurs during approved periods for in-stream work and conforms to all other standards in this chapter.

SECTION 42. Ordinance 15051, Section 138, as amended, and K.C.C. 21A.24.051 are hereby amended to read as follows:

A. The alterations identified in K.C.C. 21A.24.045 for agricultural activities are allowed to expand within ((the buffers of)) wetland((s)) buffers, ((aquatic areas)) riparian areas, and wildlife habitat conservation areas,)when an agricultural activity is currently occurring on the site and the alteration is in compliance with an approved farm management plan in accordance with this section or, for livestock activities, a farm management plan in accordance with K.C.C. chapter 21A.30.

B. This section does not modify any requirement that the property owner obtain permits for activities covered by the farm management plan.

C. The department of natural resources and parks or its designee shall serve as the single point of contact for King County in providing information on farm management plans for purposes of this title. The department of natural resources and parks shall adopt a public rule governing the development of farm management plans. The rule may provide for different types of farms management plans related to different kinds of agricultural activities, including, but not limited to the best management practices for livestock management, livestock crossing, livestock heavy use areas, horticulture management, site development, farm pads, farm field access roads, and agricultural drainage.

D. The property owner or applicant may develop the farm management plan as part of a program offered or approved by King County. A property owner or applicant seeking to use the process to allow alterations in critical area buffers shall develop a farm management plan based on the following goals, which are listed in order of priority:

1. To maintain the productive agricultural land base and economic viability of agriculture on the site;

2. To maintain, restore, or enhance critical areas to the maximum extent practical in accordance with the site-specific goals of the landowner;

3. To the maximum extent practical in accordance with the site-specific goals of the landowner, maintain, and enhance natural hydrologic systems on the site;

4. To use federal, state, and local best management practices and best available science for farm management to achieve the goals of the farm management plan; and

5. To monitor the effectiveness of best management practices and implement additional practices through adaptive management to achieve the goals of the farm management plan.

E. If a part or all of the site is located within the shoreline jurisdiction, the farm management plan shall:

1. Consider and be consistent with the goals of the shoreline management act and the policies of the King County shoreline master program;

2. Consider the priorities of the King County shoreline protection and restoration plan; and

3. Ensure no net loss of shoreline ecological functions and critical area functional and values.

F. ((The property owner or applicant may develop the farm management plan as part of a program offered or approved by King County.)) The plan shall include, but is not limited to, the following elements:

1. A site inventory identifying critical areas, structures, cleared and forested areas, and other significant features on the site;

2. Site-specific performance standards and best management practices to maintain, restore or enhance critical areas and ((their)) associated buffers, and maintain and enhance native vegetation on the site including the best management practices for the installation and maintenance of farm field access drives and agricultural drainages;

3. A plan for future changes to any existing structures or for any changes to the landscape that involve clearing or grading;

4. A plan for implementation of performance standards and best management practices;

5. A plan for monitoring the effectiveness of measures taken to protect critical areas and ((their)) associated buffers ((and to modify)). Modification to the farm management plan should occur if adverse impacts ((occur)) are identified.

G. If applicable, a farm management plan shall include documentation of compliance with flood compensatory storage and flood conveyance in accordance with K.C.C. 21A.24.240.

H. A farm management plan is not effective until approved by the county. Before approval, the county may conduct a site inspection, ((which may be through a program offered or approved by King County,)) to verify that the plan is ((reasonably)) likely to accomplish the goals in subsection D. of this section and consistent with subsection E. of this section.

I. ((Once approved, a))Activities carried out in compliance with the approved farm management plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, ((the department of local services, permitting division, shall first inform the department of natural resources and parks of the activity. Before taking code enforcement action,)) the department of local services, permitting division, shall consult with the department of natural resources and parks and the King Conservation District to determine whether the activity is consistent with the farm management plan.

SECTION 43. Ordinance 15051, Section 140, as amended, and K.C.C. 21A.24.061 are hereby amended to read as follows:

A. The King County council recognizes that ((rural stewardship plans and)) farm management plans ((are key elements of this chapter that)) provide flexibility to natural resource land and rural area residents to establish and maintain a rural lifestyle that includes activities such as farming ((and forestry)), while maintaining and enhancing rural character and environmental quality.

B. The department of natural resources and parks and department of local services shall adopt public rules to implement K.C.C. 21A.24.045 and 21A.24.051 ((relating to rural stewardship plans and farm management plans)), consistent with the provisions of this section. The rules shall ((not compromise)) be consistent with the King Conservation District’s mandates or standards for farm management planning.

C. County departments or approved agencies shall provide technical assistance and resources to landowners to assist them in preparing the plans. The technical assistance shall include, but is not limited to, web-based information, instructional manuals, and classroom workshops. When possible, ((the assistance shall be provided at little or no cost to landowners)) the cost of such assistance shall be minimal to the landowner. ((In addition, t))The department of natural resources and parks shall develop, in consultation as necessary with the department of local services, permitting division, and the King Conservation District, ((and make available to the public,)) model farm management((, forest management and rural stewardship)) plans illustrating examples of plan application content, drawings, and site plans, ((to assist landowners in their development of site-specific plans for their property)) and make available to the public.

D. The department of natural resources and parks ((is)) shall be the primary county agency responsible for ((rural stewardship plans and)) farm management plans that are filed with the county under this chapter. The department of natural resources and parks shall consult with the department of local services, permitting division, in carrying out ((its)) the responsibilities under this chapter relating to ((rural stewardship plans and)) farm management plans. The department of natural resources and parks, the department of local services, permitting division, and the King Conservation District may enter into agreements to carry out the provisions of this chapter relating to ((rural stewardship plans and)) farm management plans.

E. The department of natural resources and parks and department of local services, permitting division, shall monitor and evaluate the effectiveness of ((rural stewardship and)) farm management plans in meeting the goals and objectives of those plans established in this chapter.

SECTION 44. Ordinance 10870, Section 454, as amended, and K.C.C. 21A.24.070 are hereby amended to read as follows:

A. The director may approve exceptions to allow alterations to critical areas, critical area buffers, and critical area setbacks, except for flood hazard areas, alluvial fan hazard areas, and severe channel hazard migration areas, not otherwise allowed by this chapter as follows:

1. For linear alterations, ((E))except as otherwise provided in subsection A.2. of this section((, for linear alterations, the director may approve alterations to critical areas, critical area buffers and critical area setbacks only)) when all of the following criteria are met:

a. there is no feasible alternative to the development proposal with less adverse impact on the critical area;

b. the development proposal minimizes the adverse impact on critical areas to the maximum extent practical;

c. the ((approval)) exception does not require the modification of a critical area development standard established by this chapter;

d. the development proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; and

e. the linear alteration:

(1) connects to or is an alteration to a public roadway, regional light rail transit line, public trail, a utility corridor or utility facility, or other public infrastructure owned or operated by a public utility; or

(2) is required to overcome limitations due to gravity;

2. In order to accommodate the siting of a regional light rail transit facility under RCW 36.70A.200, the director may approve alterations to critical areas, critical area buffers, and critical area setbacks not otherwise allowed by this chapter and may impose reasonable conditions to minimize the impact of the light rail transit facility on the critical area and ((its)) associated buffer; and

3. For nonlinear alterations, except as otherwise provided in subsection A.3.h. of this section, the director may approve exceptions to allow alterations to critical areas except aquatic areas, wildlife habitat conservation areas, and wetlands, ((unless otherwise allowed under subsection A.3.h. of this section, aquatic areas and wildlife habitat conservation areas,)) and may approve alteration((s)) exceptions to critical area buffers and critical area setbacks, when all of the following criteria are met:

a. there is no feasible alternative to the development proposal with less adverse impact on the critical area;

b. the alteration is the minimum necessary to accommodate the development proposal;

c. the ((approval)) exception does not require the modification of a critical area development standard established by this chapter;

d. the development proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest;

e. for dwelling units, no more than five thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures, ((building)) critical area setbacks, or other land alteration, including grading, utility installations, and maintained yard and landscaping, but not including the area used for a driveway or for an on-site sewage disposal system. When the site disturbance is within a critical area or associated buffer, the ((building)) critical area setback line shall be measured from the ((building footprint)) edge of the structure to the edge of the approved site disturbance;

f. to the maximum extent practical, access is designed and located to have the least adverse impact on the critical area and critical area buffer;

g. the critical area is not ((used as a)) potential salmonid spawning ((area)) habitat; and

h. the director may approve an alteration in a category II, III, and IV wetland for development of a public school facility.

B. The director may approve a reasonable use exception to allow alterations to critical areas, critical area buffers, and critical area setbacks, except for flood hazard areas, alluvial fan hazard areas, and severe channel hazard migration hazard areas, if the application of this chapter would deny all reasonable use of the property as follow:

1. If the critical area, critical area buffer, or critical area setback is outside of the shoreline jurisdiction, the applicant may apply for a reasonable use exception under this subsection without first having applied for an alteration exception under this section if the requested reasonable use exception includes relief from development standards for which an alteration exception cannot be granted under this section. The director shall determine that all ((of)) the following criteria are met:

a. there is no other reasonable use with less adverse impact on the critical area;

b. development proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest;

c. any authorized alteration to the critical area or critical area buffer is the minimum necessary to allow for reasonable use of the property; and

d. for dwelling units, no more than five thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures, ((building)) critical area setbacks, or other land alteration, including grading, utility installations, and maintained yard and landscaping but not including the area used for a driveway or for an on-site sewage disposal system; and

2. If the critical area, critical area buffer, or critical area setback is located within the shoreline jurisdiction, the request for a reasonable use exception shall be considered a request for a shoreline variance under K.C.C. 21A.44.090.

C. For the purpose of this section:

1. "Linear" alteration means infrastructure that supports development that is linear in nature and includes public and private roadways, public trails, private driveways, railroads, regional light rail transit, hydroelectric ((generating)) generation facilities, utility corridors, and utility facilities; and

2. ((For purposes of subsections A. and B. of this section, a))Areas located ((within the shoreline jurisdiction that are)) below the ordinary high water mark shall not be included in calculating the site area.

D. ((Alteration e)) Exceptions approved under this section shall meet the mitigation requirements of this chapter.

E. An applicant for an ((alteration)) exception shall submit a critical area report, as required by K.C.C. 21A.24.110.

F. An exception shall not be approved if the inability of the applicant to derive reasonable use of the property is the result of actions by the current or prior property owner.

SECTION 45. Ordinance 10870, Section 456, as amended, and K.C.C. 21A.24.090 are hereby amended to read as follows:

((If a development proposal site contains or is within a critical area, the applicant shall submit an affidavit which declares whether)) An applicant for a permit for a development proposal or a critical area designation under K.C.C. 21A.24.500, as recodified by this ordinance, shall provide the following:

A. Disclosure of critical areas on the development proposal site or sites, including mapped or identifiable critical areas within the distance equal to the largest potential required critical area buffer applicable to the development proposal; and

B. An affidavit indicating whether:

1. The applicant has knowledge of any illegal alteration to ((any or all)) the critical areas or associated buffers on the development proposal site or sites; and

((B.)) 2. The applicant previously has been found in violation of this chapter for any property in King County, in accordance with K.C.C. Title 23. If the applicant previously has been found in violation, the applicant ((shall)) must declare whether the violation has been corrected to the satisfaction of King County.

SECTION 46. K.C.C. 21A.24.500, as amended by this ordinance, is hereby recodified as a new section in K.C.C. chapter 21A.24 to follow K.C.C. 21A.24.090.

SECTION 47. Ordinance 14187, Section 1, as amended, and K.C.C. 21A.24.500 are hereby amended to read as follows:

A.1. A property owner or the property owner's agent may request a critical area designation for a site consisting of part or all of a ((site)) parcel, without seeking a permit for a development proposal, by filing with the department a written application for a critical area designation on a form provided by the department.

2. ((If the request is for review of a portion of a site, t)The application shall include a map identifying ((the portion)) all areas of the ((site)) parcel for which the designation is sought. The designation shall not apply to any areas of the parcel other than those identified in the application and approved by the department.

((2. The designation may include an evaluation or interpretation of the applicability of critical area buffers and other critical area standards to a future development proposal.))

3. If deemed necessary by the department, supporting critical area reports, prepared in accordance with K.C.C. 21A.24.110, may be required.

4. The review by the department shall evaluate, determine, and document the existence, location, and classification of the critical areas within the areas indicated on the application.

B. ((In preparing the critical area designation, the department shall perform a critical area review to:

1. Determine whether any critical area exists on the site and confirm its type, location, boundaries and classification;

2. Determine whether a critical area report is required to identify and characterize the location, boundaries and classification of the critical area;

3. Evaluate the critical area report, if required; and

4. Document the existence, location and classification of any critical area.

C. If required by the department, the applicant for a critical area designation shall prepare and submit to the department the critical area report required by subsection B.2. of this section. For sites zoned for single detached dwelling units involving wetlands or aquatic areas, the applicant may elect to have the department conduct the special study in accordance with K.C.C. Title 27;

D.)) The department shall ((make the determination of)) issue a critical area designation in writing within one-hundred-twenty-days after the application for a critical area designation is complete, as provided in K.C.C. 20.20.050. The periods in K.C.C. 20.20.100.A.1. through 5. are excluded from the one-hundred-twenty-day period. ((If the determination applies to less than an entire site, t))The determination shall clearly identify the portion of the ((site)) parcel to which the determination applies.

((E.1.)) C. The written determination made under this section is final and effective for five years from the date of issuance as to the existence, location, classification of any critical area ((and critical area buffers)) on the site, unless:

((a.)) 1. ((t))There is a change in site conditions;

((b.)) 2. New or additional information becomes available that conflicts with or invalidates information that formed the basis of the department's determination, including, but not limited to, discovery of an unpermitted critical area alteration, or the adoption of revised methods for critical area classification; or

3. A county, state, or federal agency adopts critical area maps that conflict with the department's written determination.

((2. As part of its review of a complete application for a permit or approval, the department shall establish whether the written determination is still effective.

F. If the department designates critical areas on a site under this section, the applicant for a development proposal on that site shall submit proof that a critical area notice has been filed as required by K.C.C. 21A.24.170. Except as provided in this subsection, the department's determination under this section is final. If the department relies on a critical area designation made under this section during its review of an application for a permit or other approval of a development proposal and the permit or other approval is subject to an administrative appeal, any appeal of the designation shall be consolidated with and is subject to the same appeal process as the underlying development proposal. If the King County hearing examiner makes the county’s final decision with regard to the permit or other approval type for the underlying development proposal, the hearing examiner’s decision constitutes the county’s final decision on the designation. If the King County council, acting as a quasi-judicial body, makes the county’s final decision with regard to the permit or other approval type for the underlying development proposal, the King County council’s decision constitutes the county’s final decision on the designation.))

SECTION 48. Ordinance 10870, Section 457, as amended, and K.C.C. 21A.24.100 are hereby amended to read as follows:

A. ((Before any)) Prior to clearing, grading, or site preparation, the department shall perform a critical area review ((for any)) of development proposal permit applications or other request for permission to alter a site to determine ((whether there is)):

1. The existence, location, and classification of ((A)) critical areas on the ((development proposal site)) parcel;

2. ((An active breeding site of a protected species on the development proposal site; or

3. A critical area or active breeding site of a protected species that has been mapped, identified within three hundred feet of the applicant's property or that is visible from the boundaries of the site)) The existence, location, and classification of critical areas within three hundred feet of the site that can be identified by use of available data and methods including, but not limited to, visual observations from right-of-way or property with right of entry, mapping, aerial imagery, critical area determinations for other permits, and available critical area reports;

3. The boundaries of critical area buffers and critical area setbacks that apply to the site and area within three hundred feet of the site, consistent with the standards and regulations of this chapter; and

4. Compliance with all other standards and regulations of this chapter.

B. As part of the critical area review, the department shall review ((the critical area reports and determine)) whether:

1. ((There has been an accurate identification of all critical areas)) Critical area designation or designations for the parcel are effective pursuant to K.C.C. 21A.24.500, as recodified by this ordinance;

2. ((An alteration will occur to a critical area or a critical area buffer)) Critical area report or reports are required with the application under K.C.C. 21A.110;

3. ((The development proposal is consistent with this chapter)) Critical areas, associated buffers, and critical area setbacks have been applied to the site and accurately identified, delineated, and classified within the application documents;

4. ((The sequence)) Proposed alterations prioritize avoidance and minimization measures, followed by mitigation requirements in K.C.C. 21A.24.125 ((has been followed to avoid impacts to critical areas and critical area buffers)); ((and))

5. Proposed ((M))mitigation measures required to compensate for unavoidable adverse impacts to critical areas ((is required and whether the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the general public health, safety and welfare,)) and associated buffers are in compliance with K.C.C. 21A.24.130 and all other applicable mitigation requirements of this chapter; and

6. Proposed alterations are consistent with the goals, purposes, objectives, and requirements of this chapter.

C. If a development proposal does not involve any site disturbance, clearing, or grading and only requires a permit or approval under K.C.C. chapter 16.04 or 17.04, critical area review is not required, unless the development proposal is located within a:

1. Flood hazard area;

2. Critical aquifer recharge area; or

3. Landslide hazard area, steep slope hazard area, seismic hazard area, or coal mine hazard area and the proposed development will cause additional loads on the foundation, such as by expanding the habitable square footage of the structure or by adding or changing structural features that change the load bearing characteristics of the structure.

D. The determinations made under critical area review of a development proposal permit application shall be consolidated with and subject to the same appeal process as the underlying development proposal, except for any determinations made under an effective critical area designation under K.C.C. 21A.24.500, as recodified by this ordinance, that are classified as an independent decision under K.C.C. 20.20.020.

SECTION 49. Ordinance 10870, Section 458, as amended, and K.C.C. 21A.24.110 are hereby amended to read as follows:

A. An ((applicant)) application for a development proposal that requires critical area review under K.C.C. 21A.24.100 or K.C.C. 21A.24.500, as recodified by this ordinance, shall submit a critical area report at a level determined by the department to adequately evaluate the proposal and all probable impacts in accordance with the applicable critical area report criteria of this chapter.

B. The applicant may combine a critical area report with ((any)) additional studies required by other laws and regulations.

C. If the development proposal will affect only a part of the development proposal site, the department may limit the scope of the required critical area report to include only that part of the site that is affected by the development proposal.

D.1. Floodplain development that was not assessed through the King County Programmatic Habitat Assessment prepared for the National Flood Insurance program and the Endangered Species Act shall include an assessment of the impact of the alteration on water quality and aquatic and riparian habitat. The assessment shall be:

a. ((A))a Biological Evaluation or Biological Assessment that has received concurrence from the United States Fish and Wildlife Service or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act;

b. ((D))documentation that the activity fits within a Habitat Conservation Plan approved pursuant to Section 10 of the Endangered Species Act;

c. ((D))documentation that the activity fits within Section 4(d) of the Endangered Species Act;

d. ((A))an assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, ((2010)) April 2011. The assessment shall determine if the project ((would)) adversely affects any ((one or more)) of the following:

(1) the primary constituent elements identified when a species is listed as threatened or endangered;

(2) Essential Fish Habitat designated by the National Marine Fisheries Service;

(3) fish and wildlife habitat conservation areas;

(4) vegetation communities and habitat structures;

(5) water quality;

(6) water quantity, including flood and low flow depths, volumes, and velocities;

(7) the river or stream channel's natural planform pattern and migration process;

(8) spawning substrate, if applicable; and

(9) floodplain refugia, if applicable.

2. The department ((must)) shall require ((a)) projects with adverse ((effects)) impacts on critical areas or associated buffers to ((comply with the impact)) prioritize avoidance((,)) and minimization ((and)) measures, followed by mitigation requirements of K.C.C. 21A.24.125 and 21A.24.130.

NEW SECTION. SECTION 50. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:

A. An applicant for a development proposal that requires geological critical area review under K.C.C. 21A.24.100 shall submit a geological critical area report at a level of detail determined by the department to adequately evaluate the proposal and all probable impacts.

B. The geological critical area report shall address all areas of the proposed development site and geologically hazardous areas within three hundred feet of the site or that have the potential to affect or be affected by the proposal.

C. The geological critical area report shall be prepared, stamped, and signed by a geological professional.

D. The geological critical area report shall contain, at a minimum, the following information:

1. A description of site conditions that includes:

a. existing development including structures, impervious surfaces, wells, drain fields, drain field reserve areas, roads, easements, and utilities on the site;

b. the quantity and type of existing vegetation cover;

c. a description of the ground surface inclination in percent gradient; and

d. the location or evidence of any springs, seeps, or other expressions of groundwater.

2. A evaluation of the geological conditions of the site that includes:

a. references to mapped geological soil and bedrock units, seismic faults, landslides, alluvial fans, potential liquefaction zones, channel migration zones, and historical coal mines;

b. available geotechnical reports, well logs, or other data sources within the vicinity of the site;

c. geomorphological features of the site visible through site inspection, aerial photography, LIDAR imagery, or topographic contours;

d. on-site soil explorations of sufficient location, distribution, and depth to adequately characterize the subsurface conditions of the site;

e. engineering properties of the subsurface soils or bedrock or both on site and adjacent properties; and

f. identification of all existing fill areas;

3. A hazard analysis and finding of risks associated with relevant geologic hazards and the potential impacts to public safety, the hazard area, and the subject property including, but not limited to:

a. slope stability;

b. liquefaction hazard;

c. debris runout;

d. channel migration;

e. erosion rates, slope recession rates, and potential impacts to existing or proposed development from waves or currents, stream meandering, or other erosional forces to determine the recommended solution for bank or shoreline stabilization; and

f. additional information required by K.C.C. 21A.25.170, if applicable;

4. An evaluation of proposed development which includes;

a. location and description of proposed development activity;

b. method of drainage and locations of all existing and proposed surface and subsurface drainage facilities and patterns, including infiltration testing or other geological review specifics as required by the King County Surface Water Design Manual;

c. locations and methods for temporary and permanent erosion control;

d. recommendations for structure siting limitations, including buffers and setbacks, in accordance with the development standards of geologically hazardous areas in this chapter;

e. recommendations for engineering mitigation of hazards; and

f. recommendations for vegetation management to mitigate hazards;

5. A determination stating whether the proposed alterations minimize risks to people and development on and off the site in accordance with the development standards of this chapter, and rationale to support the determination based on the presented data, analysis, and scientific and engineering practice;

6. A site plan that includes:

a. the topography with vertical contour intervals of five feet or less unless the underlying project permit requires a smaller interval;

b. significant geologic contacts, landslides, or downslope soil movement on and within three hundred feet of the site;

c. all identified geologically hazardous areas, buffers, and critical area setbacks;

d. exploration locations;

e. locations of proposed development and clearing limits, if known, and

f. transects of any provided cross-sections;

7. All subsurface exploration logs, test logs and results, and other data sources used in the analyses, and

8. Any other information determined by the department to be necessary to determine compliance with this chapter including, but not limited to, the use of LIDAR, technical reports, soil field or laboratory testing, studies or documents related to geologic hazards, and models for estimating how far landslide materials will travel.

E. The department shall require a project with adverse impacts to prioritize avoidance and minimization measures, followed by mitigation requirements of K.C.C. 21A.24.125 and 21A.24.130.

NEW SECTION. SECTION 51. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:

A. An applicant for a development proposal that requires ecological critical area review under K.C.C. 21A.24.100 shall submit an ecological critical area report at a level of detail determined by the department to adequately evaluate the proposal for all probable impacts.

B. The ecological critical area report shall address all areas of the proposed development site and ecological critical areas within three hundred feet of the site or that have the potential to affect or be affected by the proposal. Ecological critical areas include wetlands and all fish and wildlife habitat conservation areas.

C. The ecological critical area report shall be prepared and signed by an ecological professional.

D. The ecological critical area report shall contain, at a minimum, the following information:

1. A wetland, aquatic area, and riparian area delineation report that includes:

a. identification of wetlands and delineation of associated boundaries in accordance with the approved federal wetland delineation manual and applicable regional supplement as set forth in WAC 173-22-035, including completed data forms and data point locations to demonstrate the presence or absence of wetland conditions;

b. rating of wetlands in accordance with the Washington State Wetland Rating System for Western Washington Version 2.0, Washington state Department of Ecology publication number 23-06-009, published 2014 and updated 2023, including completed rating forms;

c. identification of aquatic area locations, typing, and ordinary high water marks;

d. identification of severe channel migration hazard areas and floodplains; and

e. determination of applicable wetland buffers and riparian areas;

2. A wildlife study and habitat assessment that identifies any known nests or breeding sites and potential habitat for any federal or state listed endangered, threatened, sensitive, or candidate species or King County species of local importance, and delineates any known wildlife habitat conservation areas and wildlife habitat networks;

3. A description of existing onsite and adjacent site conditions that includes:

a. existing development including, but not limited to, structures, roads, impervious surfaces, utilities, clearing, grading, and easements, and whether any existing development is not legally established;

b. the extent and dominant species composition of existing vegetative cover;

c. existing hydrologic characteristics of any wetland or aquatic areas, including sources of hydrology;

d. functions and values of all critical areas found; and

e. location, species, and diameter at breast height of trees three inches in diameter at breast height or larger within critical areas and associated buffers that are within the proposed clearing limits and within striking distance of the proposed development. The department may require tree locations to be surveyed;

4. If unavoidable impacts to critical areas or buffers are proposed, an impact analysis that includes:

a. demonstration that adverse impacts prioritized avoidance and minimization measures, followed by mitigation sequencing in K.C.C. 21A.24.125.

b. calculation of square footage of direct permanent impacts to each critical area and buffer;

c. calculation of square footage of temporary impacts to each critical area and associated buffer, and estimation of the time required for ecological functions to be restored;

d. calculation of indirect impacts to wetlands in accordance with Wetland Mitigation in Washington State: Part 1 Agency Report and Guidance, Version 2 Washington state Department of Ecology, publication number 21-06-003, published April 2021;

e. description of vegetation, habitat, functions, and values of each critical area that will be lost or modified due to the proposed impacts;

f. an analysis demonstrating that the hydrology of remaining wetlands on or adjacent to the site will not be substantially impacted by the project, using the wetland hydrology protection guidelines in the King County Surface Water Design Manual; and

g. a tree risk assessment prepared by an arborist certified by the International Society of Arboriculture for any hazard trees proposed for removal within critical areas or associated buffers;

5. A mitigation plan that includes:

a. evaluation of on-site potential for enhancement, rehabilitation, restoration, or creation of critical areas and associated buffers for which mitigation is required;

b. description of on-site mitigation activities proposed and justification that impacts will be adequately offset to ensure no net loss of critical area functions and values, including use of the credit-debit method as applicable for wetland impacts in accordance with Washington state Department of Ecology's Calculating Credits and Debits of Compensatory Mitigation in Wetlands of Western Washington: Final Report, publication 10-06-011, published 2010 and updated 2012, or subsequent updates;

c. calculations of mitigation area required for permanent impacts or long-term temporary impacts, based on the ratios specified within K.C.C. chapter 21A.24;

d. calculation of restoration area required for temporary impacts where ecological functions are expected to be restored within one year;

e. depiction of proposed mitigation and restoration areas and example of planting plan, including irrigation if applicable;

f. plan for installation of wildlife lighting;

g. depiction of wildlife-passable fencing and permanent critical area signs at the edges of critical areas, associated buffers, and disturbed areas, as applicable, and

h. justification for and description of any proposed off-site mitigation, including location, methods, quantities, and demonstration that equivalent or greater ecological functions will be achieved;

6. A monitoring plan that includes:

a. a monitoring schedule of five years, unless otherwise directed by the department;

b. success criteria for mitigation activities to meet at the end of each monitoring year;

c. monitoring methods sufficient to determine if success criteria are being met throughout the mitigation area;

d. a maintenance plan to ensure success criteria are met; and

e. a contingency plan if it is determined that mitigation fails to meet success criteria;

7. A site plan depicting:

a. mapped locations of all on-site critical areas and approximated locations of all off-site critical areas within three hundred feet of the site;

b. widths of all buffers applied in accordance with K.C.C. chapter 21A.24;

c. critical area setback lines applied in accordance with K.C.C. 21A.24.200;

d. existing and proposed alterations, including but not limited to structures, impervious surfaces, utilities, clearing, nonnative landscaping, and grading; and

e. all property lines, setbacks, and easements; and

8. Additional information determined by the department to be necessary to comply with this chapter.

SECTION 52. Ordinance 10870, Section 460, as amended, and K.C.C. 21A.24.130 are hereby amended to read as follows:

A. If mitigation is required under this chapter to compensate for adverse impacts, ((unless otherwise provided, an applicant shall:

1. Mitigate adverse impacts to:

a. critical areas and their buffers; and

b. the development proposal as a result of the proposed alterations on or near the critical areas; and

2. Monitor the performance of any required mitigation)) the mitigation shall be designed to:

1. Achieve no net loss of critical area ecological functions for the entire scope of the development; and

2. Not create adverse impacts on other critical area functions.

B. When mitigation measures are appropriate under the avoidance, minimization, and mitigation priority sequence in K.C.C. 21A.24.125, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. The department may approve alternative mitigation within the watershed if the mitigation addresses limiting factors or identified critical needs for critical area resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact. The department shall require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of critical area ecological functions as conditions of approval for mitigation measures, which may include conservation easements, financial guarantees, and performance monitoring.

C. The department shall not approve a development proposal until mitigation and monitoring plans are ((in place)) established ((to mitigate for alterations to critical areas and buffers)) and financial guarantees have been posted in accordance with K.C.C. Title 27A.

((C.)) D. Whenever mitigation is required, an applicant shall submit a critical area report ((that includes:

1. An analysis of potential impacts;

2. A mitigation plan that meets the specific mitigation requirements in this chapter for each critical area impacted; and

3. A monitoring plan that includes:

a. a demonstration of compliance with this title;

b. a contingency plan in the event of a failure of mitigation or of unforeseen impacts if:

(1) the department determines that failure of the mitigation would result in a significant impact on the critical area or buffer; or

(2) the mitigation involves the creation of a wetland; and

c. a monitoring schedule that may extend throughout the impact of the activity or, for hazard areas, for as long as the hazard exists.

D.)) in accordance with this chapter.

E. Mitigation shall ((not)) be implemented ((until)) after the department approves ((the)) all applicable mitigation and monitoring plans. The applicant shall notify the department when mitigation is installed and monitoring ((is)) has commenced and shall provide King County with reasonable access to the ((mitigation)) site for the purpose of inspections during ((any)) the monitoring period.

((E.)) F. If monitoring reveals a significant deviation from predicted impact or a failure of mitigation requirements, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation requirements, including a revised monitoring plan and revised financial guarantee requirements.

SECTION 53. Ordinance 15051, Section 151, as amended, and K.C.C. 21A.24.133 are hereby amended to read as follows:

A. To the maximum extent practical, ((an applicant shall mitigate)) and after application of the mitigation sequencing measures in K.C.C. 21A.24.125, adverse impacts to a wetland or associated buffer, aquatic area, riparian area, wildlife habitat conservation area, or wildlife habitat network, shall be mitigated on or contiguous to the development site. The department may approve mitigation that is off-site ((the development site)) if an applicant demonstrates that:

1. It is not practical to mitigate on or contiguous to the development proposal site; and

2. The off-site mitigation will achieve equivalent or greater hydrological, water quality, and ((wetland or aquatic area)) habitat functions.

B. When off-site mitigation is authorized, the department shall give priority to locations within the same drainage subbasin as the development proposal site that meet the following:

1. Mitigation banking sites and resource mitigation reserves as authorized by this chapter;

2. Private mitigation sites that are established in compliance with the requirements of this chapter and approved by the department; ((and)) or

3. Public mitigation sites that have been ranked in a process ((that has been)) supported by ecological assessments, including wetland and aquatic areas established as priorities for mitigation in King County ((basin plans or other)) watershed plans.

C. The department ((may)) shall require documentation that the mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement or other agreement between the applicant and owner of the mitigation site. King County may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition.

D. The department shall maintain a list of sites available for use for off-site mitigation projects.

E.1. ((The department and the department of natural resources and parks have develop a program to allow the payment of a fee in lieu of providing mitigation on a development site.)) The department may approve mitigation through the King County mitigation reserve program. The program addresses:

a. when the payment of a fee is allowed considering the availability of a site in geographic proximity with comparable hydrologic and biological functions and potential for future habitat fragmentation and degradation; and

b. the use of the fees for mitigation on public or private sites that have been ((ranked according to ecological criteria through one or more programs that have included a public process)) selected using a watershed approach, in accordance with the approved in-lieu fee program instrument.

2. The in lieu fee mitigation program shall submit a report by May 1 in the first year of the biennial budget cycle, filed in the form of ((a paper original and)) an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the transportation economy and environment committee or its successor. The report should address the following:

a. information on the amount and source of revenues received by the program;

b. a description and rationale for projects selected for funding;

c. an accounting of budgeted and actual expenditures made; and

d. the status of all projects approved in the previous five years, and anticipated completion date for those projects, if not yet complete.

SECTION 54. Ordinance 10870, Section 464, as amended, and K.C.C. 21A.24.170 are hereby amended to read as follows:

A. Except as otherwise provided in subsection ((of)) C. of this section, the owner of any property containing critical areas or buffers on which a development proposal is submitted or any property on which mitigation is established as a result of development shall file a notice on title approved by King County with the records and licensing services division. The notice shall inform the public of:

1. The presence of critical areas or buffers or mitigation sites on the property;

2. The application of this chapter to the property; ((and))

3. The possible existence of limitations on actions in or affecting the critical areas or buffers or the fact that mitigation sites may exist; and

4. The existence of approved wetland buffer or riparian area averaging on the property.

B. The applicant for a development proposal shall submit proof that the notice required by this section has been filed for public record before King County approves any development proposal for the property or, in the case of subdivisions, short subdivisions, and binding site plans, at or before recording of the subdivision, short subdivision, or binding site plan.

C. The notice required under subsection A. of this section is not required if:

1. The property is a public right-of-way or the site of a permanent public facility;

2. The development proposal does not require ((sensitive)) critical area review under K.C.C. 21A.24.100.C; or

3. The property only contains a critical aquifer recharge area or an erosion hazard area.

D. Notices on title shall run with the land regardless of ownership, use, or land division. However, a property owner may apply to the county to have a notice on title removed or amended, under either of the following circumstances:

1. The department, as part of a critical area review of a permit application, determines the information contained in an existing notice on title is no longer accurate because information about a critical area has changed, such as in its type or location; or

2. An ordinance adopted an updated critical areas map indicating a reclassification or declassification of the critical area on the subject property.

SECTION 55. Ordinance 10870, Section 465, as amended, and K.C.C. 21A.24.180 are hereby amended to read as follows:

A. ((The applicant)) Critical area tracts established under this section protect with the goal of enhancing critical area functions and values, including, but not limited to, providing fish and wildlife habitat, and protecting the public from geologic hazards and increased stormwater runoff. Development proposals for subdivisions, short subdivisions, or binding site plans shall establish and identify critical area tracts to delineate and protect ((those)) critical areas and associated buffers listed ((below in development proposals for subdivisions, short subdivisions or binding site plans)) in subsection A.1. through 7. of this section, and shall record the tracts on all documents of title of record for all affected lots:

1. ((All l))Landslide hazard areas and buffers that are one acre or more in size;

2. ((All s))Steep slope hazard areas and buffers that are one acre or more in size;

3. ((All w))Wetlands and buffers; ((and))

4. ((All a))Aquatic areas ((and buffers));

5. Riparian areas;

6. Alluvial fan hazard areas that are one acre or more in size; and

7. Wildlife habitat networks.

B. A critical area tract established under subsection A. of this section shall be either:

1. ((h))Held in an undivided interest by each owner of a building lot within the development with this ownership interest passing with the ownership of the lot((,)); or

2. ((shall be h))Held by an incorporated homeowner's association or other legal entity that ensures the ownership, maintenance, and protection of the tract.

C. ((The long-term management goals for critical area tracts established under subsection A. of this section are to protect and enhance critical area functions and values, including, but not limited to, providing fish and wildlife habitat and protecting the public from geologic hazards and increased stormwater runoff.)) The specific management strategy for each tract shall be clearly defined before preliminary approval of the subdivision or binding site plan.

D. For an off-site critical area mitigation area, the applicant shall place the mitigation area in a critical area tract in accordance with subsection A. of this section, or in a perpetual conservation easement as approved by the director.

E. In lieu of the requirements of subsections A. and D. of this section, the director may allow an applicant to include critical areas in resource tracts established under K.C.C. 21A.14.040.B.7. The resource tract management plan shall clearly state that the purpose of the resource portion is for resource management and the purpose of the designated critical areas is for critical area protection and enhancement and protecting the public from geologic hazards and increased stormwater runoff.

((E.)) F. Site plans submitted as part of building permits, clearing, and grading permits, or other development permits shall include and delineate:

1. ((All f))Flood hazard areas, as determined by King County in accordance with K.C.C. 21A.24.230;

2. Landslide, volcanic, tsunami, coal mine, alluvial fan, and steep slope hazard areas;

3. Aquatic areas, riparian areas, and wetlands;

4. Wildlife habitat conservation areas and ((the)) wildlife habitat networks;

5. Critical area ((B))buffers; and

6. ((Building)) Critical area setbacks as required by K.C.C. 21A.24.200.

((F.)) G. If only a part of the development site has been mapped, the part of the site that has not been mapped shall be clearly identified and labeled on the site plans.

SECTION 56. Ordinance 10870, Section 467, as amended, and K.C.C. 21A.24.200 are hereby amended to read as follows:

Unless otherwise provided, ((an applicant shall set buildings and other)) structures shall be set back a minimum distance of fifteen feet from the edges of all critical area buffers, or from the edges of all critical areas((, if no buffers are required)) where buffers are not required. ((When the)) If site disturbance is within a critical area or an associated buffer, the ((building)) critical area setback ((line)) shall be measured from the ((building footprint)) edge of the structure to the edge of the approved site disturbance. The following are allowed in the ((building)) critical area setback area:

A. Landscaping;

B. Uncovered decks less than eighteen inches above grade;

C. Building overhangs if the overhangs do not extend more than eighteen inches into the setback area;

D. Impervious ground surfaces, such as driveways and patios((, but the)); however, improvements are required to meet any special drainage provisions specified in public rules adopted for ((the various)) critical areas and the King County Surface Water Design Manual;

E. Utility service connections as long as the excavation for installation avoids impacts to the critical area or associated buffer; and

F. Minor encroachments if adequate protection of the buffer will be maintained.

SECTION 57. Ordinance 15051, Section 158, and K.C.C. 21A.24.205 are hereby amended to read as follows:

Based upon a geological critical area report containing a coal mine hazard assessment ((prepared in accordance with this chapter)), the department shall classify coal mine hazard areas as follows:

A. Declassified coal mine areas are those areas where the risk of catastrophic collapse is not significant and that the hazard assessment report has determined do not require special engineering or architectural recommendations to prevent significant risks of property damage. Declassified coal mine areas typically include, but are not limited to, areas underlain or directly affected by coal mines at depths of more than three hundred feet as measured from the surface;

B. Moderate coal mine hazard areas are those areas that pose significant risks of property damage that can be mitigated by implementing special engineering or architectural recommendations. Moderate coal mine hazard areas typically include, but are not limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero, which is the surface of the land, to three hundred feet or with overburden-cover-to-seam thickness ratios of less than ten to one depending on the inclination of the seam; and

C. Severe coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sinkholes, and other areas of past or significant probability for catastrophic ground surface collapse; or areas characterized by((, ))overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero, which is the surface of the land, to one hundred fifty feet.

SECTION 58. Ordinance 11621, Section 75, as amended, and K.C.C. 21A.24.275 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites within channel migration zones that have been mapped and adopted by public rule:

A. The development standards that apply to the ((aquatic area buffers)) riparian areas in K.C.C. 21A.24.365 also apply to the severe channel migration ((zone)) hazard areas and the portion of the moderate channel migration ((zone)) hazard areas that is within the ((aquatic area buffer)) riparian areas. The more-restrictive standards apply where there is a conflict;

B. Only the alterations identified in K.C.C. 21A.24.045 are allowed within a severe channel migration hazard area; and

C. The following standards apply to development proposals and alterations within the moderate channel migration hazard area:

1. Maintenance, repair, or expansion of any use or structure is allowed if the existing structure's footprint is not expanded towards any source of channel migration hazard, unless the applicant can demonstrate that the location is the least subject to risk;

2. New primary dwelling units, accessory dwelling units or accessory living quarters, and required infrastructure, are allowed if:

a. the structure is located on a separate lot in existence on or before February 16, 1995;

b. a feasible alternative location outside of the channel migration hazard area is not available on-site; and

c. to the maximum extent practical, the structure and supporting infrastructure is located the farthest distance from any source of channel migration hazard, unless the applicant can demonstrate that an alternative location is:

(1) the least subject to risk; or

(2) within the outer third of the moderate channel migration hazard area as measured perpendicular to the channel;

3. New accessory structures are allowed if:

a. a feasible alternative location is not available on-site; and

b. to the maximum extent practical, the structure is located the farthest distance from the migrating channel; and

4. The subdivision of property is allowed within the portion of a moderate channel migration hazard area located outside ((an aquatic area buffer)) a riparian area if:

a. All lots contain five-thousand square feet or more of buildable land outside of the moderate channel migration hazard area;

b. Access to all lots does not cross the moderate channel migration hazard area; and

c. All infrastructure is located outside the moderate channel migration hazard area except that an on-site septic system is allowed in the moderate channel migration hazard area if:

(1) a feasible alternative location is not available on-site; and

(2) to the maximum extent practical, the septic system is located the farthest distance from the migrating channel.

SECTION 59. Ordinance 10870, Section 475, as amended, and K.C.C. 21A.24.280 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing landslide hazard areas:

A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed within a landslide hazard area with a slope of forty percent or greater;

B.1. A buffer is required from all edges of the landslide hazard area. To eliminate or minimize the risk of property damage or injury resulting from landslides caused in whole or part by the development, the department shall determine the size of the buffer based upon a geological critical area report ((prepared by a geotechnical engineer or geologist)).

2. If a geological critical area report is not submitted to or required by the department, the minimum buffer ((is)) shall be fifty feet.

3. If the landslide hazard area has a vertical rise of more than two-hundred feet, the department may increase the minimum ((building)) critical area setback in K. C. C. 21A.24.200 to one-hundred feet.

4. For development permits associated with single detached dwelling units only, the department may waive the geological critical area report requirement and authorize buffer reductions if the department determines that the reduction will adequately protect the proposed development and the critical area;

C. Unless otherwise provided in K.C.C. 21A.24.045 or as a necessary part of an allowed alteration, removal of any vegetation from a landslide hazard area or buffer is prohibited;

D. All alterations shall minimize disturbance to the landslide hazard area, slope, and vegetation unless necessary for slope stabilization; and

E. Alterations in a landslide hazard area located on a slope less than forty percent are allowed if:

1. The proposed alteration will not decrease slope stability on contiguous properties; and

2. The risk of property damage or injury resulting from landsliding is eliminated or minimized.

SECTION 60. Ordinance 10870, Section 476, as amended, and K.C.C. 21A.24.290 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites ((containing seismic hazard areas)) where potential seismic hazard areas are mapped:

A. The department may approve alterations to mapped seismic hazard areas only if:

1. The geological critical area report containing an evaluation of site-specific subsurface conditions shows that the proposed development site ((is not located in)) does not meet the definition of a seismic hazard area; or

2. The applicant implements appropriate engineering design based on the best available engineering and geological practices that either eliminates or minimizes the risk of structural damage or injury resulting from seismically induced settlement or soil liquefaction; and

B. The department may waive or reduce engineering study and design requirements for alterations in seismic hazard areas for:

1. Mobile homes;

2. Additions or alterations that do not increase occupancy or significantly affect the risk of structural damage or injury; and

3. One-story buildings with less than two-thousand-five hundred((s)) square feet of floor area or roof area, whichever is greater, and that are not dwelling units or used as places of employment or public assembly.

NEW SECTION. SECTION 61. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:

The following development standards apply to development proposals and alterations on sites containing alluvial fan hazard areas:

A. Only the alterations identified in K.C.C. 21A.24.045 are allowed within alluvial fan hazard areas;

B. A geological critical area report is required for development proposals that are on an alluvial fan or within fifty feet of an alluvial fan;

C. Proposed alterations shall not increase the risk of inundation, sedimentation, channel migration, or erosion on adjacent properties;

D. The risk of property damage or injury on the subject property from inundation, sedimentation, channel migration, or erosion as a result of a proposed alteration shall be eliminated or minimized; and

E. The proposed alteration shall not increase the frequency or magnitude of sediment management activities or in-stream channel work that could impact fish habitat or passage.

NEW SECTION. SECTION 62. There is hereby added to K.C.C. chapter 21A.24 a new section to read as follows:

A. This section applies to development proposals on sites that are within tsunami hazard areas.

B. New and substantially improved residential buildings within a tsunami hazard area shall be designed to provide protection from inundation and debris impact according to the projected hazard level. The projected hazard level shall be determined by the county based on Washington state Department of Natural Resources tsunami inundation maps, areas on the Flood Insurance Rate Maps indicated as Zones V1-V30, VE, or V, and relevant requirements of the building code in K.C.C. Title 16.

C. Except for buildings that support water-oriented uses, new buildings shall be located on portions of the parcel or parcels under contiguous ownership that are not within the tsunami hazard area, if feasible. If no portion of the parcel or parcels under contiguous ownership are located outside the tsunami hazard area, or if the portion outside the tsunami hazard area is not feasible for new building purposes, new buildings shall be located as far from the tsunami hazard area as feasible.

D. New critical facilities shall not be constructed in a tsunami hazard area if there is a feasible alternative location outside the tsunami hazard area that would serve the intended service area or service population. If allowed in the tsunami hazard area, the critical facility shall be designed to minimize the risk and danger to the public health and safety to the maximum extent practicable, which may include, but is not limited to, preparation of a tsunami evacuation plan.

SECTION 63. Ordinance 10870, Section 478, as amended, and K.C.C. 21A.24.310 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing steep slope hazard areas:

A. Except as provided in subsection D. of this section, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed within a steep slope hazard area or associated buffer;

B. A buffer is required from all edges of the steep slope hazard area. To eliminate or minimize the risk of property damage or injury resulting from slope instability, landsliding, or erosion caused in whole or part by the development, the department shall determine the size of the buffer based upon a geological critical area report prepared by a ((geotechnical engineer or geologist)) geological professional. The department of local services shall adopt a public rule to implement this subsection, including implementing the requirements for development and review of a geological critical area report.

1. For new structures and substantial improvements to existing structures on sites where any portion of the steep slope hazard area extends into the coastal high hazard area or sea level rise risk area:

a. The geological critical area report shall include an assessment of current and future risks of sea level rise conditions anticipated to occur over the next fifty years and a recommended buffer;

b. If a geological critical area report is not submitted to the department, the minimum buffer shall be seventy-five feet;

2. For all other development not identified in subsection B.1. of this section:

a. If a geological critical area report is not submitted to the department, the minimum buffer shall be fifty feet; and

b. For ((building)) permits ((for)) associated with single detached dwelling units only, the department may waive the ((special study)) geological critical area report requirement and authorize buffer reductions if the department determines that the reduction will adequately protect the proposed development and the geological critical area;

C. Unless otherwise provided in K.C.C. 21A.24.045 or as a necessary part of an allowed alteration, removal of any vegetation from a steep slope hazard area or buffer is prohibited; and

D. ((All a))Alterations ((are)) may be allowed in the following circumstances:

1. Slopes ((which)) that are forty percent or steeper with a vertical elevation change of up to twenty feet, if no adverse impact will result from the exemption based on King County's review of and concurrence with a ((soils)) geological critical area report prepared by a ((geologist or geotechnical engineer)) geological professional; and

2. The approved regrading of any slope ((which)) that was created through previous legal grading activities. Any slope ((which)) that remains forty percent or steeper following site development shall be subject to all requirements for steep slopes.

SECTION 64. Ordinance 11481, Section 2, as amended, and K.C.C. 21A.24.311 are hereby amended to read as follows:

The map entitled King County Critical Aquifer Recharge Areas, included in Attachment H to Ordinance 17485, is hereby adopted as the designation of critical aquifer recharge areas in King County in accordance with RCW 36.70A.170, unless a designation is modified by notices of map amendment prepared according to K.C.C. 21A.24.312, in which case the notice of map amendment shall supersede the map.

SECTION 65. Ordinance 15051, Section 173, as amended, and K.C.C. 21A.24.312 are hereby amended to read as follows:

A. Upon application supported by a critical area((s)) report that includes a hydrogeologic site evaluation, the department, in consultation with the department of natural resources and parks, may determine that an area that is or is not classified as a critical aquifer recharge area on the map adopted under K.C.C. 21A.24.311:

((A.)) 1. Does not meet the criteria for a critical aquifer recharge area and declassify that area if it is classified as a critical aquifer recharge area;

((B.)) 2. Has the wrong critical aquifer recharge area classification and determine the correct classification; or

((C.)) 3. Has not been classified as a critical aquifer recharge area and should be so classified based on the standards of K.C.C. 21A.24.313.

B. Upon reclassification or declassification, a notice of map amendment for the affected parcel or parcels shall be sent from the department of natural resources and parks to the property owner, the property owner's representative, if applicable, and the county assessor.

SECTION 66. Ordinance 15051, Section 174, as amended, and K.C.C. 21A.24.313 are hereby amended to read as follows:

Critical aquifer recharge areas are categorized as follows:

A. Category I critical aquifer recharge areas include those mapped areas that King County has determined are:

1. Highly susceptible to groundwater contamination and that are located within a sole source aquifer or a wellhead protection area; or

2. In an area where hydrogeologic mapping or a numerical flow transport model in a Washington department of health approved wellhead protection plan demonstrate that the area is within the one-year time of travel to a wellhead for a Group A water system;

B. Category II critical aquifer recharge areas include those mapped areas that King County has determined:

1. Have a medium susceptibility to ground water contamination and are located in a sole source aquifer or a wellhead protection area; or

2. Are highly susceptible to groundwater contamination and are not located in a sole source aquifer or wellhead protection area; and

C. Category III critical aquifer recharge areas include those mapped areas that King County has determined have low susceptibility to groundwater contamination and are located over an aquifer underlying ((an island that is surrounded by saltwater)) Vashon-Maury Island.

SECTION 67. Ordinance 15051, Section 179, as amended, and K.C.C. 21A.24.316 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing critical aquifer recharge areas:

A. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category I critical aquifer recharge area:

1. Transmission pipelines carrying petroleum or petroleum products;

2. Sand and gravel, and hard rock mining unless:

a. the site has mineral zoning as of January 1, 2005; or

b. mining is a permitted use on the site and the critical aquifer recharge area was mapped after the date a complete application for mineral extraction on the site was filed with the department;

3. Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply;

4. Disposal of radioactive wastes, as defined in chapter 43.200 RCW;

5. Hydrocarbon extraction;

6. Commercial wood treatment facilities on permeable surfaces;

7. Underground storage tanks, including tanks that are exempt from the requirements of chapter 173-360A WAC, with hazardous substances, as defined in chapter ((70.105)) 70A.300 RCW, that do not comply with standards of chapter 173-360A WAC and K.C.C. Title 17;

8. Above-ground storage tanks for hazardous substances, as defined in chapter ((70.105)) 70A.300 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

9. Golf courses;

10. Cemeteries;

11. Wrecking yards;

12. Landfills for hazardous waste, municipal solid waste, or special waste, as defined in K.C.C. chapter 10.04; and

13. On lots smaller than one acre, an on-site septic system, unless:

a. the system is approved by the Washington state Department of Health and has been listed by the Washington ((S))state Department of Health as meeting treatment standard N as provided in ((WAC)) chapter 426-272A WAC; or

b. ((the Seattle-King County department of)) public health - Seattle & King County determines that the systems required under subsection A.13.a. of this section will not function on the site.

B. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category II critical aquifer recharge area:

1. Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply;

2. Disposal of radioactive wastes, as defined in chapter 43.200 RCW;

3. Hydrocarbon extraction;

4. Commercial wood treatment facilities located on permeable surfaces;

5.a. Underground storage tanks with hazardous substances, as defined in chapter 70.105 RCW, that do not comply with requirements of chapter 173-360A WAC and K.C.C. Title 17, ((E))except for a category II critical aquifer recharge area located over an aquifer underlying ((an island that is surrounded by saltwater, underground storage tanks with hazardous substances, as defined in chapter 70.105 RCW, that do not meet the requirements of chapter 173-360 WAC and K.C.C. Title 17)) Vashon-Maury Island; and

b. For a category II critical aquifer recharge area located over an aquifer underlying ((an island that is surrounded by saltwater)) Vashon-Maury Island, underground storage tanks, including underground storage tanks exempt from the requirements of chapter 173-360A WAC, with hazardous substances, as defined in chapter 70.105 RCW, that do not comply with the standards in chapter 173-360A WAC and K.C.C. Title 17;

6. Above-ground storage tanks for hazardous substances, as defined in chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

7. Wrecking yards;

8. Landfills for hazardous waste, municipal solid waste, or special waste, as defined in K.C.C. chapter 10.04; and

9. On lots smaller than one acre, an on-site septic systems, unless:

a. the system is approved by the Washington state Department of Health and has been listed by the Washington state Department of Health as meeting treatment standard N as provided in ((WAC)) chapter 426-272A WAC; or

b. ((the Seattle-King County department of)) public health - Seattle & King County determines that the systems required under subsection B.9.a. of this section will not function on the site.

C. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category III critical aquifer recharge area:

1. Disposal of radioactive wastes, as defined in chapter 43.200 RCW;

2. Hydrocarbon extraction;

3. Commercial wood treatment facilities located on permeable surfaces;

4. Underground storage tanks, including tanks exempt from the requirements of chapter 173-360A WAC, with hazardous substances, as defined in chapter ((70.105)) 70A.300 RCW, that do not comply with the requirements of chapter 173-360A WAC and K.C.C. Title 17;

5. Above ground storage tanks for hazardous substances, as defined in chapter ((70.105)) 70A.300 RCW, unless protected with primary and secondary containment areas and a spill protection plan;

6. Wrecking yards; and

7. Landfills for hazardous waste, municipal solid waste, or special waste, as defined in K.C.C. chapter 10.04.

D. The following standards apply to development proposals and alterations that are substantial improvements on a site located in a critical aquifer recharge area:

1. The owner of an underground storage tank, including a tank that is exempt from the requirements of chapter 173-360A WAC, in a category I or III critical aquifer recharge area or a category II critical aquifer recharge area located over an aquifer underlying Vashon-Maury Island shall either bring the tank into compliance with the standards of chapter 173-360A WAC and K.C.C. Title 17 or properly decommission or remove the tank; and

2. The owner of an underground storage tank in a category II critical aquifer recharge area not located on located over an aquifer underlying Vashon-Maury Island shall bring the tank into compliance with the standards of chapter 173-360A WAC and K.C.C. Title 17 or shall properly decommission or remove the tank.

E. In any critical aquifer recharge area, the property owner shall properly decommission an abandoned well.

F. On a site located in a critical aquifer recharge area within the urban growth area, a development proposal for new residential development, including, but not limited to, a subdivision, short subdivision, or dwelling unit, shall incorporate best management practices included in the King County Surface Water Design Manual into the site design in order to infiltrate stormwater runoff to the maximum extent practical.

G. For critical aquifer recharge areas on Vashon-Maury Island:

1. No new groundwater wells are permitted within a coastal high hazard area. A rainwater catchment system may be used as an alternative water supply source for a single ((family)) detached residence if the requirements of ((K.C.C.)) King County Board of Health Code BOH 13.04.070 are met;

2. All new groundwater wells within a sea level rise risk area shall include a surface seal that prevents risks of saltwater contamination caused by sea level rise conditions anticipated to occur over the next fifty years; and

3. The owner of a new well located within the sea level rise risk area shall test the well for chloride levels using testing protocols approved by the Washington state Department of Health. The owner shall report the results of the test to ((Seattle-King County department of)) public health - Seattle & King County and to the department of natural resources and parks. If the test results indicate saltwater intrusion is likely to occur, the department of natural resources and parks, in consultation with ((Seattle-King County department of)) public health - Seattle & King County, shall recommend appropriate measures in addition to the minimum requirements of this title to prevent saltwater intrusion.

H. On a site greater than twenty acres, the department may approve a development proposal otherwise prohibited by subsections A., B., and C. of this section if the applicant demonstrates through a critical area report that the development proposal is located outside the critical aquifer recharge area and that the development proposal will not cause an ((significant)) adverse ((environmental)) impact to the critical aquifer recharge area.

I. The provisions relating to underground storage tanks in subsections A. through D. of this section apply only when the proposed regulation of underground storage tanks has been submitted to and approved by the Washington state ((d))Department of ((e))Ecology, in accordance with ((90.76.040)) RCW 70A.355.030 and WAC ((173-360-530)) 173-360-0130.

SECTION 68. Ordinance 15051, Section 183, as amended, and K.C.C. 21A.24.318 are hereby amended to read as follows:

A. Identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement as set forth in WAC 173-22-035.

B. Wetlands shall be rated into category I, category II, category III, and category IV based on the adopted Washington State Wetland Rating System for Western Washington, Washington state Department of Ecology publication number ((14-06-029)) 23-06-009, published October 2014 and updated July 2023.

C. Wetland rating categories shall not recognize illegal modifications.

SECTION 69. Ordinance 15051, Section 185, as amended, and K.C.C. 21A.24.325 are hereby amended to read as follows:

A. Except as otherwise provided in this section, buffers shall be provided from the wetland edge as follows:

1. The buffers shown on the following table apply unless modified in accordance with subsections B., C., D., and E. of this section:

WETLAND CATEGORY AND CHARACTERISTICS	INTENSITY OF IMPACT OF ADJACENT LAND USE
	HIGH IMPACT	MODERATE IMPACT	LOW IMPACT
Category I
Wetlands of High Conservation Value	((250))300 feet	((190))225 feet	((125))150 feet
Bog	((250))300 feet	((190))225 feet	((125))150 feet
Estuarine	((200))300 feet	((150))225 feet	((100))150 feet
Coastal Lagoon	((200))300 feet	((150))225 feet	((100))150 feet
Forested	Buffer width to be based on score for habitat functions or water quality functions
Habitat score from 8 to 9 points (high level of function)	300 feet	225 feet	150 feet
Habitat score from 6 to 7 points (moderate level of function)	150 feet	110 feet	75 feet
Category I wetlands not meeting any of the criteria above	100 feet	75 feet	50 feet
Category II
Estuarine	150 feet	110 feet	75 feet
Habitat score from 8 to 9 points (high level of function)	300 feet	225 feet	150 feet
Habitat score from 6 to 7 points (moderate level of function)	150 feet	110 feet	75 feet
Category II wetlands not meeting any of the criteria above	100 feet	75 feet	50 feet
Category III
Habitat score from 8 to 9 points (high level of function)	300 feet	225 feet	150 feet
Habitat score from 6 to 7 points (moderate level of function)	150 feet	110 feet	75 feet
Category III wetlands not meeting any of the criteria above	80 feet	60 feet	40 feet
Category IV	((50))60 feet	((40))45 feet	((25))35 feet

2. For purposes of this subsection A., unless the director determines a lesser level of impact is appropriate based on information provided by the applicant, the intensity of impact of the adjacent land use is determined as follows:

a. High impact includes:

(1) sites zoned commercial or industrial;

(2) commercial, institutional, or industrial use on a site regardless of the zoning classification;

(3) nonresidential use on a site zoned for residential use, such as telecommunication towers and associated equipment;

(4) high-intensity active recreation use on a site regardless of zoning, such as golf courses, ball fields, and similar use;

(5) all sites within the ((U))urban ((G))growth ((A))area; ((or))

(6) Residential zoning greater than one dwelling unit per acre;

(7) railroads; or

(8) federal and state highways, including on ramps and exits, state routes, and other roads associated with high impact land uses;

b. Moderate impact includes:

(1) residential uses on sites zoned residential one dwelling unit per acre or less;

(2) residential use on a site zoned rural area, agriculture, or forestry;

(3) agricultural uses without an approved farm management plan;

(4) forest service roads and roads associated with moderate impacts;

(5) utility corridors or right-of-way shared by several utilities, including maintenance roads; or

(((5))) (6) moderate-intensity active recreation or open space use, such as paved trails, parks with biking, jogging, and similar use; and

c. Low impact includes:

(1) forestry use on a site regardless of zoning classification;

(2) passive recreation uses, such as unpaved trails, nature viewing areas, fishing and camping areas, and other similar uses that do not require permanent structures, on a site regardless of zoning;

(3) agricultural uses carried out in accordance with an approved farm management plan and in accordance with K.C.C. 21A.24.045.D.53. and K.C.C. 21A.24.045.D.54.; or

(4) utility corridors without a maintenance road and little or no vegetation maintenance.

B. The department may approve a modification of the minimum buffer width required by this section by averaging the buffer width if:

1. The department determines that:

a. the buffer averaging will improve wetland protection if the wetland has significant differences in characteristics that effect 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; or

b. averaging includes the corridors of a wetland complex; and

2. The resulting buffer meets the following standards:

a. the total area of the buffer after averaging is equivalent to or greater than the area of the buffer before averaging;

b. the additional buffer is contiguous with the standard buffer;

c. the buffer at its narrowest point is never less than ((either)) seventy-five percent of the required width ((or seventy-five feet for Category I and II, fifty feet for Category III, and twenty-five feet for Category IV, whichever is greater));

d. the averaged buffer will not result in degradation of wetland functions and values as demonstrated by an ecological critical area report ((from a qualified wetland professional; and));

e. the buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion ((as demonstrated by a critical area report from a qualified wetland professional));

f. buffer averaging cannot be combined with other buffer reductions or modifications allowed in this title; and

g. indirect impacts are assessed and mitigated.

C. Wetland buffer widths shall also be subject to modifications under the following special circumstances:

1. For wetlands containing documented habitat for endangered, threatened, or species of local importance, the following shall apply:

a. the department shall establish the appropriate buffer, based on a habitat assessment, to ensure that the buffer provides adequate protection for the sensitive species; and

b. the department may apply the buffer reduction rules in subsection C.((6))5. of this section ((and)) or the buffer averaging rules in subsection B. of this section((;)).

2. For a wetland buffer that includes a steep slope hazard area or landslide hazard area, the ((buffer)) width ((is)) shall be the greater of:

a. the buffer width required by the wetland's category in this section; or

b. the buffer width required by the wetland's category in this section, extended upslope towards the top of the landslide or steep slope hazard area, as measured perpendicular to topographic contours, up to a maximum total width of twice the wetland buffer width otherwise required;

3. For a wetland complex located outside the ((U))urban ((G))growth ((A))area established by the King County Comprehensive Plan or located within the ((U))urban ((G))growth ((A))area in a basin designated as "high" on the Basin and Shoreline Conditions Map, which is included as Attachment A to Ordinance 15051, the buffer width is determined as follows:

a. the buffer width for each individual wetland in the complex is the same width as the buffer width required for the category of wetland;

b. if the buffer of a wetland within the complex does not touch or overlap with at least one other wetland buffer in the complex, a corridor is required from the buffer of that wetland to one other wetland buffer in the complex considering the following factors:

(1) the corridor is designed to support maintaining viable wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing, or feeding;

(2) the corridor minimizes fragmentation of the wetlands;

(3) higher category wetlands are connected through corridors before lower category wetlands; and

(4) the corridor width is at least twenty-five percent of the length of the corridor, but no less than twenty-five feet in width; and

(5) shorter corridors are preferred over longer corridors;

c. wetlands in a complex that are connected by an aquatic area that flows between the wetlands are not required to be connected through a corridor;

d. the department may exclude a wetland from the wetland complex if the applicant demonstrates that the wetland is unlikely to provide habitat for wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing, or feeding; and

e. the alterations allowed in a wetland buffer in K.C.C. 21A.24.045 are allowed in corridors subject to the same conditions and requirements as wetland buffers as long as the alteration is designed so as not to disrupt wildlife movement through the corridor;

4. Where a legally established public roadway transects a wetland buffer, the department may approve a modification of the minimum required buffer width to the edge of the roadway if:

a. the part of the buffer on the other side of the roadway sought to be reduced:

((a.)) (1) does not provide additional protection of ((the proposed development or the)) wetland functions and values from the proposed development; and

((b.)) (2) provides insignificant biological, geological, or hydrological buffer functions relating to the other portion of the buffer adjacent to the wetland; and

b. the applicant provides a written evaluation that includes;

(1) a description of the vegetative composition, hydrologic regime, topography, and development on both sides of the roadway;

(2) an assessment of the functions that the buffer provides on the other side of the roadway for wildlife habitat, water quality, and water quantity; and

(3) an analysis of how the roadway will fully disconnect the buffer from providing the assessed functions, and whether the disconnection will affect the entirety of the buffer; and

5. ((If the site has an approved rural stewardship plan under K.C.C. 21A.24.055, the buffer widths shall be established under the rural stewardship plan and shall not exceed the standard for a low impact land use, unless the department determines that a larger buffer is necessary to achieve no net loss of wetland ecological function; and

6. The buffer widths required for proposed land uses with)) For proposed dwelling units within the urban growth area that have high intensity impacts to wetlands, the buffer widths can be reduced to those required for moderate intensity impacts ((under the following conditions)) if:

a. all the following measures to minimize impacts of the proposed land uses are applied:

(1) plant an area of dense, native vegetation or climate-smart plants within the remaining buffer that is equal to or greater than the area by which the buffer was reduced;

(2) install wildlife lighting and direct all light away from the wetland;

(3) install wildlife passable fencing at the edge of the wetland buffer;

(4) attach critical area signs to wildlife-passable fencing every fifty to seventy-five linear feet;

(5) submit an integrated pest and weed management plan that prohibits the use of pesticides, herbicides, and fungicides in the wetland or associated buffer; and

(6) demonstrate how each of the following meets the core requirements in the King County Surface Water Design Manual, including:

(a) stormwater runoff;

(b) change in water regime; and

(c) erosion and dust control; and

b. ((F))for wetlands that score moderate or high for habitat functions((, which means six points or higher, the width of the buffer can be reduced if both of the following criteria are met:

(1) A))a relatively undisturbed vegetated corridor at least one-hundred feet wide is protected between the wetland and ((any other Priority Habitats as defined by the Washington state Department of Fish and Wildlife in the priority habitat and species list)) a legally-protected, relatively undisturbed and vegetated area. The corridor must be protected for the entire distance between the wetland and the ((priority habitat)) legally protected vegetated area and ((legally)) recorded via a conservation easement; and

(2) Measures to minimize the impacts of different land uses on wetlands as identified in subsection C.6.b. of this section are applied; and

b. For wetlands that score low for habitat, which means less than six points, the buffer width can be reduced to that required for moderate intensity impacts by applying measures to minimize impacts of the proposed land uses, as follows:

c. the proposed project does not impact the reduced buffer.

((Disturbance	Measures to minimize impacts
Lights	Direct lights away from wetland.
Noise	Locate activity that generates noise away from wetland. If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional ten-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer.
Toxic runoff	Route all new untreated runoff away from wetland while ensuring wetland is not dewatered. Establish covenants limiting use of pesticides within 150 feet of wetland. Apply integrated pest management.
Stormwater runoff	Retrofit stormwater detention and treatment for roads and existing adjacent development. Prevent channelized flow from lawns that directly enters the buffer. Use low impact intensity development techniques identified in the King County Surface Water Design Manual.
Change in water regime	Infiltrate or treat, detain and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and human disturbance	Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion. Place wetland and its buffer in a separate tract or protect with a conservation easement.
Dust	Use best management practices to control dust.))

D. The department may approve a modification to the buffers established in subsection A. of this section if the wetland was created or its characterization was upgraded as part of a voluntary enhancement or restoration project.

E. If the site is located within the shoreline jurisdiction, the department shall determine that a proposal to reduce wetland buffers under this section will result in no net loss of shoreline ecological functions or wetland functions and values.

SECTION 70. Ordinance 15051, Section 187, as amended, and K.C.C. 21A.24.335 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing wetlands or their buffers:

A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed in wetlands and wetland buffers;

B. ((The applicant)) Applicants may include climate-smart plants that have been approved by King County in mitigation or restoration projects, but shall not otherwise introduce any plant or wildlife that is not indigenous to the Puget Sound lowland into any wetland or wetland buffer unless authorized by a state or federal permit or approval; and

C. ((A category IV wetland less than two-thousand-five-hundred square feet that is not part of a wetland complex may be altered in accordance with an approved mitigation plan by relocating the wetland into a new wetland, with equivalent or greater functions, or into an existing wetland at the ratios specified in K.C.C. 21A.24.340 based on the type of mitigation measures proposed; and

D.)) Alterations to category I wetlands containing bogs or fens are limited to K.C.C. 21A.24.045 D.20. and D.52.

SECTION 71. Ordinance 10870, Section 481, as amended, and K.C.C. 21A.24.340 are hereby amended to read as follows:

In addition to the requirements in ((K.C.C. 21A.24.125 and 21A.24.130)) this chapter, the following applies to mitigation to compensate for ((the)) adverse impacts ((associated with an alteration)) to a wetland or wetland buffer:

A. Mitigation measures must achieve equivalent or greater wetland functions, including, but not limited to:

1. Habitat functions such as complexity, connectivity, and other biological functions; and

2. Hydrological functions, such as ((S))seasonal hydrological dynamics, as provided in the King County Surface Water Design Manual;

B. The following ratios of area of mitigation to area of ((alteration)) impacts apply to mitigation measures for permanent alterations except as otherwise provided in subsection E. of this section:

1. For ((alterations)) impacts to a wetland buffer, a ratio of ((one to one; and)) one-to-one on-site, and two-to-one off-site;

2. For ((alterations)) direct impacts to a wetland that result in permanent, direct loss of wetland area:

Category and type of wetland	Wetland reestablishment or creation	Wetland rehabilitation	1:1 Wetland reestablishment or wetland creation (R/C) and wetland enhancement (E)	Wetland enhancement only
Category IV	1.5:1	3:1	1:1 R/C and 2:1 E	6:1

Category III	2:1	4:1	1:1 R/C and ((2))4:1 E	8:1

Category II estuarine	Case-by-case	((4))6:1 rehabilitation of an estuarine wetland	Case-by-case	Case-by-case
All other Category II	3:1	((8))6:1	1:1 R/C and ((4))8:1 E	12:1

Category I forested	6:1	12:1	1:1 R/C and ((10))16:1 E	Case-by-case
All other Category I	4:1	8:1	1:1 R/C and ((6))12:1 E	Case-by-case
Category I wetlands of high conservation value	Not allowed	((6:1 rehabilitation of a wetland of high conservation value)) Case-by-case	((Case-by-case)) Not allowed	Case-by-case
Category I coastal lagoon	Not allowed	((6))8:1 rehabilitation of a coastal lagoon	((Case-by-case)) Not allowed	Case-by-case
Category I bog	Not allowed	((6:1 rehabilitation of a bog)) Case-by-case	((Case-by-case)) Not allowed	Case-by-case
Category I estuarine	Case-by-case	((6))8:1 rehabilitation of an estuarine wetland	Case-by-case	Case-by-case

3. For indirect impacts to a wetland, one half of the ratio of area of mitigation to area of impact required by subsection B.2. of this section.

C. The following ratios of area of mitigation to area of ((alteration)) impact apply to mitigation measures for temporary ((alterations)) impacts where wetlands will not be impacted by permanent fill material or removal of old growth or mature trees, as defined in the Washington state Department of Fish and Wildlife Priority Habitat and Species list, publication 2008 and updated 2023, but where impacted functions are expected to take longer than one year to be restored, except as otherwise provided in subsection E. of this section:

Wetland category	Permanent conversion of forested and shrub wetlands into emergent wetlands			Mitigation for temporal loss of forested and shrub wetlands when the impacted wetlands will be revegetated to forest or shrub communities
	Enhancement	Rehabilitation	Creation or restoration	Enhancement	Rehabilitation	Creation or restoration
Category I	((6))8:1	4.5:1	3:1	((3))4:1	2:1	1.5:1
Category II	((3))6:1	((2))3:1	1.5:1	((1.5))3:1	1.5:1	.75:1
Category III	((2))4:1	((1.5))2:1	1:1	((1))2:1	((.75))1:1	.5:1
Category IV	((1.5))3:1	1.5:1	.75:1	((Not applicable)) 1.5:1	((Not applicable)) .75:1	((Not applicable)) .25:1

D. The department may increase the mitigation ratios provided in subsections B. and C. of this section under the following circumstances:

1. The department determines there is uncertainty as to the probable success of the proposed restoration or creation;

2. A significant period of time will elapse between the impact caused by the development proposal and the establishment of wetland functions at the mitigation site;

3. The proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; ((or))

4. The proposed mitigation site is not within the same 10-digit hydrologic unit, as defined in the Federal Standards and Procedures for the National Watershed Boundary Dataset: United States Geological Survey, 2022, as the proposed impacts;

5. The proposed mitigation site differs from the proposed impact area in hydrogeomorphic class, Cowardin system or class, or other fundamental habitat characteristics;

6. The proposed impact site contains documented habitat for federal or state listed endangered, threatened, sensitive, or candidate species or King County species of local importance; or

7. The alteration causing the impact was ((an)) unauthorized ((impact)).

E. ((The department may decrease the mitigation ratios provided in subsections B. and C. of this section under the following circumstances)) When the use of wetland mitigation bank or in lieu fee program credits is approved as off-site compensatory mitigation under K.C.C. 21A.24.133, wetland mitigation ratios are as follows:

1. ((The applicant demonstrates by documentation submitted by a qualified wetland specialist that the proposed mitigation actions have a very high likelihood of success based on hydrologic data and prior experience;

2. The applicant demonstrates by documentation by a qualified wetland specialist that the proposed actions for compensation will provide functions and values that are significantly greater than the wetland being impacted;

3. The applicant demonstrates that the proposed actions for mitigation have been conducted in advance of the impact caused by the development proposal and that the actions are successful; or

4. In wetlands where several wetland hydrogeomorphic classes, including, but not limited to depressional, slope, riverine and flow through, are found within one delineated boundary, the department may decrease the ratios if:

a. impacts to the wetland are all within an area that has a different hydrogeomorphic class from the one used to establish the category;

b. the category of the area with a different class is lower than that of the entire wetland; and

c. the applicant provides adequate hydrologic and geomorphic data to establish that the boundary between the hydrogeomorphic classes lies outside of the footprint of the impacts.)) For use of wetland mitigation banks certified under Chapter 173-700 WAC, the amount of compensatory mitigation required for impacts located in the bank service area shall be as follows:

a. For direct impacts to wetlands and wetland buffers, the ratio shall be consistent with the approved mitigation banking instrument. If the ratio recommended in the mitigation banking instrument is less than one bank credit to one acre of direct permanent wetland impact, then a ratio of one bank credit to one wetland impact acre shall be used;

b. For indirect wetland impacts, one half of the ratio recommended in the approved mitigation banking instrument; and

c. For long-term temporary impacts, one quarter of the ratio recommended in the approved mitigation banking instrument;

2. For use of the King County mitigation reserves program or a state or federally authorized in lieu fee program:

a. For direct, indirect, and long-term temporary impacts to wetlands located in the in lieu fee service area, the amount of compensatory mitigation required shall be consistent with the in lieu fee program instrument and result in no net loss of wetland functions and values; and

b. For impacts to wetland buffers, the ratio shall be one to one; and

3. Compensatory mitigation for other approved off-site mitigation options shall be consistent with ratios in subsections B., C., and D. of this section.

F. For temporary ((alterations)) impacts to a wetland or its buffer that are predominately woody vegetation, the department may require mitigation in addition to restoration of the altered wetland or buffer; and

G. Mitigation of ((an alteration)) impacts to a buffer of a wetland that occurs along an aquatic area lake shoreline in accordance with an allowed alteration under this chapter shall include, but is not limited to, on-site revegetation, maintenance, and other restoration of the buffer or setback area to the maximum extent practical.

SECTION 72. Ordinance 15051, Section 192, as amended, and K.C.C. 21A.24.355 are hereby amended to read as follows:

A. Aquatic areas are ((categorized or)) "typed" as follows:

1. Type S waters include all aquatic areas inventoried as "shorelines of the state" under King County's ((S))shoreline ((M))master ((P))program((, K.C.C. chapter 21A.25, in accordance with chapter 90.58 RCW));

2. Type F waters include all segments of aquatic areas that are not type S waters and that contain fish or fish habitat, including waters diverted for use by a federal, state, or tribal fish hatchery from the point of diversion for one-thousand-five-hundred feet or the entire tributary if the tributary is highly significant for protection of downstream water quality((;)). Type F waters, which may be ephemeral, may be classified by:

a. the presence of fish;

b. a stream segment with a defined channel of two feet or greater bank full width and a gradient less than twenty percent; or

c. any stream located within the floodplain of type S or F water.

3. Type N waters include all segments of aquatic areas that are not type S or F waters and that are physically connected to type S or F waters by ((an above-ground)) a channel or piped system, stream, or wetland; and

4. Type O waters include all segments of aquatic areas that are not type S, F, or N waters and that are not physically connected to type S, F, or N waters by a((n above-ground)) channel or piped system, ((pipe or culvert,)) stream, or wetland, and which infiltrate water into the ground.

B. For the purposes of the water types in subsection A. of this section, ((an above-ground)) a channel system is ((considered to be)) present if the ((one-hundred year)) floodplains of both the contributing and receiving waters are connected.

((C. The department may determine that an area upstream of a legal human-made barrier is not fish habitat considering the following factors:

1. The human-made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure;

2. The human-made barrier is in the Urban Growth Area established by the King County Comprehensive Plan and is located beneath one or more dwelling units and it is not feasible to remove the barrier without removing the dwelling unit;

3. The human-made barrier is located in a subbasin that is not designated "high" on the Basin and Shoreline Conditions Map which is included as Attachment A to Ordinance 15051; or

4. The human-made barrier is not identified for removal by a public agency or in an adopted watershed plan.))

SECTION 73. Ordinance 15051, Section 193, as amended, and K.C.C. 21A.24.358 are hereby amended to read as follows:

A. ((Aquatic area buffers)) Riparian areas shall be measured as follows:

1. From the ordinary high water mark of the adjacent aquatic area, or from the top of bank if the ordinary high water mark cannot be identified;

2. If the adjacent aquatic area is located within a mapped severe channel migration hazard area, the ((aquatic area buffer)) riparian area width shall be ((the greater of the aquatic area buffer width as)) measured ((consistent with subsection A.1. of this section or)) from the outer edge of the severe channel migration hazard area; ((and))

3. If the ((aquatic area buffer)) riparian area includes a steep slope hazard area or a landslide hazard area, the ((aquatic area buffer)) riparian area width is the greater of ((either))

a. the ((aquatic area buffer)) riparian area width as required in this section ((or the top of the hazard area)); or

b. the riparian area width as required in this section, extended upslope towards the top of the landslide or steep slope hazard area, as measured perpendicular to topographic contours, up to a maximum total width of twice the riparian area width otherwise required;

4. If the adjacent aquatic area is located within an alluvial fan, the riparian area width is the greater of:

a. the riparian area width as defined in this section; or

b. the extent of the alluvial fan hazard area; and

5. If the adjacent aquatic area is conveyed underground, the riparian area width is measured only from the above-ground portion of the aquatic area. This riparian area extends in all directions from the point at which the aquatic area enters or exits the underground conveyance system.

B. Within the ((U))urban ((G))growth ((A))area, ((aquatic area buffers)) riparian area widths shall be as follows:

((1. A type S or F aquatic area buffer is one-hundred-fifteen-feet;

2. A type S or F aquatic area buffer in a basin or shoreline designated as "high" on the Basin and Shoreline Conditions Map is one-hundred-sixty-five-feet;

3. A type N aquatic area buffer is sixty-five-feet; and

4. A type O aquatic area buffer is twenty-five-feet.))

Adjacent Aquatic Area Type	Riparian Area Width
S or F in basin or shoreline designated as "high" on the Basin and Shoreline Conditions map	200 feet
All other S or F	180 feet
N	100 feet
O	50 feet

C. Outside the ((U))urban ((G))growth ((A))area, ((aquatic area buffers)) riparian areas shall be as follows:

((1. A type S or F aquatic area buffer is one-hundred-sixty-five-feet;

2. A type N aquatic area buffer is sixty-five-feet; and

3. A type O aquatic area buffer is twenty-five-feet.))

Adjacent Aquatic Area TypeRiparian Area Width
S or F	200 feet
N	100 feet
O	50 feet

D. ((Within the Bear Creek drainage basin a type N aquatic area buffer in a designated regionally significant resource area is one-hundred-feet.

E.)) The department may approve a modification of ((buffer widths if)) a riparian area width required by this section by averaging the riparian area width, if the resulting riparian area meets the following standards:

1.((a. The department determines that through buffer averaging the ecological structure and function of the resulting buffer is equivalent to or greater than the structure and function before averaging and meets the following standards:

(1) the total area of the buffer is not reduced;

(2) the buffer area is contiguous; and

(3) averaging does not result in the reduction of the minimum buffer for the buffer area waterward of the top of the associated steep slopes or for a severe channel migration hazard area;

b. the applicant demonstrates that the buffer cannot provide certain functions because of soils, geology or topography, in which case the department shall establish a buffers width that protects the remaining ecological functions that the buffer can provide;

c. the site is zoned RA and is subject to an approved rural stewardship plan. In modifying the buffers, the department shall consider factors such as, the basin and shoreline condition, the location of the site within the basin and shoreline, the buffer condition and the amount of clearing;

d. a legally established roadway transects an aquatic area buffer, the roadway edge closest to aquatic area shall be the extent of the buffer, if the part of the buffer on the other side of the roadway provides insignificant biological or hydrological function in relation to the portion of the buffer adjacent to the aquatic area; or

e. the aquatic area is created or its type is changed as a result of enhancement or restoration projects that are not mitigation for a development proposal or alteration; and

2. If the site is located within the shoreline jurisdiction, that no net loss of shoreline ecological functions will result when considering projects that combine reduced buffers and habitat restoration.)) The total land area amount of the riparian area after averaging is equivalent to or greater than the total land area amount of the riparian area before averaging;

2. The additional riparian area is contiguous with the standard riparian area;

3. The riparian area at its narrowest point is never less than seventy-five percent of the standard required width;

4. The width of the riparian area is increased adjacent to the higher functioning habitat or more sensitive portion of the adjacent aquatic area, and decreased adjacent to the lower functioning or less sensitive portion, as demonstrated by an ecological critical area report from an ecological professional;

5. No net loss of riparian area or adjacent aquatic area functions and values will occur as a result of the averaging, as demonstrated by an ecological critical area report from an ecological professional;

6. Where the riparian area includes a steep slope, landslide, or alluvial fan hazard area, the width of the riparian area is not reduced waterward of the extent of the hazard areas;

7. If the site is located within the shoreline jurisdiction, no net loss of shoreline ecological functions will result; and

8. Riparian area averaging cannot be combined with any other riparian area width modifications.

SECTION 74. Ordinance 15051, Section 195, as amended, and K.C.C. 21A.24.365 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing aquatic areas or ((their buffers)) riparian areas:

A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed in aquatic areas and ((aquatic area buffers)) riparian areas;

B. Grading for allowed alterations in ((aquatic area buffers)) riparian areas is only allowed from May 1 to October 1. This period may be modified when the department determines it is necessary along marine shorelines to protect critical forage fish and salmonid migration or as provided in K.C.C. 16.82.095;

C. The moisture-holding capacity of the topsoil layer on all areas of the site not covered by impervious surfaces should be maintained by:

1. Minimizing soil compaction, or

2. Reestablishing natural soil structure and the capacity to infiltrate;

D. New structures within a((n aquatic area buffer)) riparian area should be sited to avoid the creation of future hazard trees and to minimize the impact on groundwater movement; ((and))

E. To the maximum extent practical:

1. The soil duff layer should not be disturbed, but if disturbed, should be redistributed to other areas of the project site where feasible;

2. A spatial connection should be provided between vegetation within and outside the ((aquatic area buffer)) riparian area to prevent creation of wind throw hazards; and

3. Hazard trees ((should be retained)) in ((aquatic area buffers)) riparian areas ((and)) should be either topped or pushed over toward the aquatic area, and not taken out of the riparian area; ((and))

F. Mitigation or restoration projects may include climate-smart plants approved by King County, but shall not otherwise introduce any plant or wildlife that is not indigenous to the Puget Sound lowland into an aquatic area or riparian area unless authorized by state or federal approval; and

G. If a restoration, enhancement, or mitigation project proposes to place large wood ((woody debris)) waterward of the ordinary high water mark of a ((T))type S aquatic area, the applicant shall consider the potential for recreational hazards in project design.

SECTION 75. Ordinance 10870, Section 485, as amended, and K.C.C. 21A.24.380 are hereby amended to read as follows:

In addition to the requirements in ((K.C.C. 21A.24.130, 21A.24.125 and 21A.24.133)) this chapter, the following applies to mitigation to compensate for the adverse impacts associated with an alteration to an aquatic area or ((aquatic area buffer)) riparian area:

A. Mitigation measures ((must)) shall achieve equivalent or greater aquatic or riparian area functions than prealteration conditions including, but not limited to:

1. Habitat complexity, connectivity, and other biological, and ecological functions;

2. Seasonal hydrological dynamics((,)) and water storage capacity ((and water quality)); ((and))

3. ((Geomorphic and habitat processes and functions)) Shade and temperature control, pollution removal, water purification, and other water quality functions; and

4. Natural erosion and sediment delivery, nutrient and detritus delivery, natural bank stabilization, sources and recruitment of large wood, cover for aquatic and terrestrial animals, terrestrial-based aquatic prey resources, and other geomorphic and habitat processes and functions;

B. To the maximum extent practical, permanent ((alterations)) impacts that require mitigation such as restoration or enhancement of the altered aquatic area((, aquatic area buffer)) or riparian area, or another aquatic area or ((aquatic area buffer must consider)) riparian area, shall document in a mitigation plan how the following design factors((,)) have been considered as applicable to the function being mitigated:

1. The natural channel or shoreline reach dimensions including its depth, width, length, and gradient;

2. The horizontal alignment and sinuosity;

3. The channel bed, marine intertidal area, sea bed, or lake bottom with identical or similar substrate and similar erosion and sediment transport dynamics;

4. Bank ((and buffer)) configuration and erosion and sedimentation rates; ((and))

5. Similar native vegetation or climate-smart plant species diversity, size, and densities in the ((channel, sea bed or lake bottom and on the)) adjacent riparian ((bank or buffer)) area with similar configuration, spatial arrangement, and solar aspect;

6. Similar slope and elevation; and

7. Similar soil conditions, including moisture, saturation, and organic content;

C. Mitigation to compensate for adverse impacts to aquatic areas shall meet the following standards:

1. Not located upstream of a barrier to fish passage; and

2. ((Is equal or greater in biological function; and

3.)) To the maximum extent practical is:

a. located on the site of the alteration or within one-half mile of the site and in the same aquatic area reach at a ((1:1)) 2:1 ratio of area of mitigation to area of ((alteration)) impact; or

((4. Is)) b. if unable to be located on the site or within one-half mile of the site, located in the same aquatic area drainage subbasin or marine shoreline and attains the following ratios of area of functional mitigation to area of ((alteration)) impact:

((a.)) (1) a 3:1 ratio for a type S or F aquatic area; and

((b.)) (2) a 2:1 ratio for a type N or O aquatic area;

D. For purposes of subsection C. of this section, ((a)) mitigation ((measure)) is in the same aquatic area reach if the length of aquatic area ((shoreline)) or adjacent riparian area meets the following criteria:

1. Similar geomorphic conditions including slope, soil, aspect, and substrate;

2. Similar processes including erosion and transport of sediment and ((woody debris)) large wood;

3. Equivalent or better biological conditions, including presence of and habitat for invertebrates, fish, wildlife, and vegetation; and

4. Equivalent or better biological functions, including fish and wildlife mating, reproduction, rearing, migration, and refuge; ((or)) and

5. For tributary streams, a distance of no more than one-half mile from the main stem;

E.1. ((The department may reduce the mitigation ratios in subsection C. of this section to 2:1 ratio for a type S or F aquatic area and 1.5:1 ratio for a type N or O aquatic area if the applicant provides a scientifically rigorous mitigation monitoring program that includes the following elements:

1. Monitoring methods that ensure that the mitigation meets the approved performance standards identified by the department;

2. Financing or funding guarantees for the duration of the monitoring program; and

3. Experienced, qualified staff to perform the monitoring)) On-site mitigation in riparian areas shall use the ratios in subsection E.2. of this section, unless the department establishes an alternative mitigation ratio with supplemental actions in accordance with subsection F. of this section;

2. Ratios of area of mitigation to area of impact for on-site mitigation for riparian areas:

Adjacent Aquatic Area TypeOn-site Compensatory Mitigation Ratio
Shoreline (S)	3:1
Fish bearing(F)	3:1
Non-fish bearing (N)	3:1
Other (O)	2:1

F.1. The department may approve an alternative on-site area mitigation ratio to subsection E. of this section when the following requirements of subsection F.2. of this section are met.

2. Required actions for alternative on-site riparian area mitigation ratio based on the type of vegetation impacted;

Adjacent Aquatic Area Type	Impacts to Woody Vegetation	Impacts to Non-Woody Vegetation or unvegetated Areas
Shoreline (S) Fish bearing (F) Non-fish bearing (N)	2:1 ratio with at least one primary action or three secondary actions	1:1 ratio with at least two secondary actions
Other (O)	1:1 ratio with at least one primary action or two secondary actions	1:1 ratio with at least one secondary action

3. Primary actions:

a. placing large wood in adjacent aquatic areas, if not associated with shoreline stabilization or flood protection facilities;

b. removing a fish passage barrier, if not required by the development permit;

c. removing an aquatic area transportation crossing, such as roads, bridges, or trails, and revegetating as appropriate. Utility crossings are not included under this action, unless the removal is part of an integrated transportation crossing removal project;

d. removing shoreline armoring, revetments, or levees; or

e. other similar actions as determined by the department.

4. Secondary actions:

a. planting native trees, climate-smart plants, and shrubs in areas of riparian area addition lacking native vegetation that are adjacent to and contiguous with existing riparian areas, within an area equal to one-half of the area of impact. This action cannot be applied where the riparian area addition requires enhancement to achieve equal function to the impact area;

b. placing large wood in riparian areas or an adjacent floodplain;

c. installing wildlife snags or similar wildlife nesting or rearing habitat;

d. removing floodplain fill and replating with native vegetation or climate-smart plants as appropriate; or

e. other similar actions as determined by the department;

G.1. If unable to be located on or within one-half mile of the site, off-site mitigation for riparian areas in the same drainage subbasin, may be accepted by the department and shall be in a mitigation banking site, resource mitigation reserve, or conservation easement if on private property. Off-site mitigation shall use the ratios of area of mitigation to area of impact in subsection G.2. of this section.

2. Off-site ratios of area of mitigation to area of impact of riparian areas:

Adjacent Aquatic Area Type	Off-Site Compensatory Mitigation Ratio
Shoreline (S)	4:1
Fish bearing (F)	4:1
Non-fish bearing (N)	4:1
Other (O)	3:1; and

H. For rectifying an illegal alteration to any type of aquatic area or ((its buffer)) riparian area, mitigation measures ((must meet the following standards)) shall:

1. For an aquatic area, be ((L))located on the site of the illegal alteration at a ((1:1))4:1 ratio of area of mitigation to area of ((alteration)) impact; ((and))

2. For a riparian area, be located on the site of the illegal alteration at a 4:1 ratio of area of mitigation to area of impact for adjacent type S, F, and N aquatic areas, and 3:1 ratio for adjacent type O aquatic areas; and

3. To the maximum extent practical, replicates the natural prealteration configuration at its natural prealteration location including the factors in subsection B. of this section((; and

G. The department may modify the requirements in this section if the applicant demonstrates that, with respect to each aquatic area function, greater functions can be obtained in the affected hydrologic unit that the department may determine to be the drainage subbasin through alternative mitigation measures.

H. For temporary alterations to an aquatic area or its buffer that is predominately woody vegetation, the department may require mitigation in addition to restoration of the altered aquatic area or buffer)).

SECTION 76. Ordinance 15051, Section 198, as amended, and K.C.C. 21A.24.382 are hereby amended to read as follows:

The following development standards apply to development proposals and alterations on sites containing wildlife habitat conservation areas:

A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed within a wildlife habitat conservation area;

B. For a bald eagle:

1. The wildlife habitat conservation area is an area with a four-hundred-foot radius from an active nest;

2. Between March 15 and April 30, alterations are not allowed within eight hundred feet of the nest; and

((2)) 3. Between January 1 and August 31, land clearing machinery, such as bulldozers, graders or other heavy equipment, may not be operated within eight hundred feet of the nest;

C. For a great blue heron:

1. The wildlife habitat conservation area is an area with an eight-hundred-twenty-foot radius from the rookery. The department may increase the radius up to an additional one-hundred sixty-four feet if the department determines that the population of the rookery is declining; and

2. Between January 1 and July 31, clearing or grading are not allowed within nine-hundred-twenty-four feet of the rookery;

D. For a marbled murrelet, the wildlife habitat conservation area is an area with a one-half-mile radius around an active nest;

E. For a northern goshawk, the wildlife habitat conservation area is an area with a one-thousand-five-hundred-foot radius around an active nest located outside of the urban growth area;

F. For an osprey:

1. The wildlife habitat conservation area is an area with a two-hundred-thirty-foot radius around an active nest; and

2. Between April 1 and September 30, alterations are not allowed within six-hundred-sixty feet of the nest;

G. For a peregrine falcon:

1. The wildlife habitat conservation area is an area extending for a distance of one-thousand feet of an eyrie on a cliff face, the area immediately above the eyrie on the rim of the cliff, and the area immediately below the cliff;

2. Between March 1 and June 30, land-clearing activities that result in loud noises, such as from blasting, chainsaws, or heavy machinery, are not allowed within one-half mile of the eyrie; and

3. New power lines may not be constructed within one-thousand feet of the eyrie;

H. For a spotted owl, the wildlife habitat conservation area is an area with a three-thousand-seven-hundred-foot radius from an active nest;

I. For a Townsend's big-eared bat:

1. Between June 1 and October 1, the wildlife habitat conservation area is an area with a four-hundred-fifty-foot radius from the entrance to a cave or mine, located outside of the urban area, with an active nursery colony;

2. Between November 1 and March 31, the wildlife habitat conservation area is an area with a four-hundred-fifty-foot radius around the entrance to a cave or mine located outside the urban growth area serving as a winter hibernacula;

3. Between March 1 and November 30, a building, bridge, tunnel, or other structure used solely for day or night roosting may not be altered or destroyed;

4. Between May 1 and September 15, the entrance into a cave or mine that is protected because of bat presence is protected from human entry; and

5. A gate across the entrance to a cave or mine that is protected because of bat presence must be designed to allow bats to enter and exit the cave or mine;

J. For a Vaux's swift:

1. The wildlife habitat conservation area is an area with a three-hundred-foot radius around an active nest located outside of the urban growth areas;

2. Between April 1 and October 31, clearing, grading, or outdoor construction is not allowed within four hundred feet of an active or potential nest tree. The applicant may use a species survey to demonstrate that the potential nest tree does not contain an active nest;

K. The department shall require protection of an active breeding site of any federal or state listed endangered, threatened, sensitive, and candidate species or King County species of local importance ((not listed in subsections B. through J. of this section)). If the Washington state Department of Fish and Wildlife has adopted management recommendations for a species covered by this subsection, the department shall follow those management recommendations. If management recommendations have not been adopted, the department shall base protection decisions on best available science.

SECTION 77. Ordinance 15051, Section 204, and K.C.C. 21A.24.388 are hereby amended to read as follows:

In addition to the requirements in K.C.C. 21A.24.130, 21A.24.125 and 21A.24.133, the following applies to mitigation to compensate for the adverse impacts associated with wildlife habitat conservation areas and wildlife habitat networks:

A. Mitigation to compensate for the adverse impacts to a wildlife habitat conservation area ((must)) shall prevent disturbance of each protected species. On-site mitigation may include management practices, such as timing of the disturbance. Off-site mitigation is limited to sites that will enhance the wildlife habitat conservation area;

B. Mitigation to compensate for the adverse impacts to the wildlife habitat network must achieve equivalent or greater biologic functions including, but not limited to, habitat complexity and connectivity functions. Specific mitigation requirements for impacts to the wildlife habitat network shall:

1. Expand or enhance the wildlife network as close to the location of impact as feasible; and

2. Attain the following ratios of area of mitigation to area of alteration:

a. for mitigation on site:

(1) 1.5:1 ratio for rectifying an illegal alteration to a wildlife habitat network; and

(2) 1.5:1 ratio for enhancement or restoration; and

b. for mitigation off-site:

(1) 2:1 ratio for rectifying an illegal alteration to a wildlife habitat network; and

(2) 3:1 ratio for enhancement or restoration;

C. For temporary alterations, the department may require rectification, restoration, or enhancement of the altered wildlife habitat network;

D. The department may increase the width of the wildlife habitat network to mitigate for risks to habitat functions;

E. To the maximum extent practical, mitigation projects involving wildlife habitat network restoration should provide replication of the site's prealteration natural environment including:

1. Soil type, conditions, and physical features;

2. Vegetation diversity and density; and

3. Biologic and habitat functions; and

F. The department may modify the requirements in this section if the applicant demonstrates that greater wildlife habitat functions will be obtained in the same wildlife habitat conservation area or wildlife habitat network through alternative mitigation measures.

SECTION 78. Ordinance 16958, Section 31, as amended, and K.C.C. 21A.25.100 are hereby amended to read as follows:

A. The shoreline use table in this section determines whether a specific use is allowed within each of the shoreline environments. The shoreline environment is located on the vertical column and the specific use is located on the horizontal row of the table. The specific uses are grouped by the shoreline use categories in WAC 173-26-241. The specific uses are defined by those uses in K.C.C. chapter 21A.08. The table should be interpreted as follows:

1. If the cell is blank in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment;

2. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment;

3. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in K.C.C. 21A.44.100;

4. If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process in this section, the general requirements of this chapter and the specific development conditions indicated with the corresponding number in subsection C. of this section. If more than one number appears after a letter, all numbers apply;

5. If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in accordance with each letter-number combination;

6. A shoreline use may be allowed in the aquatic environment only if that shoreline use is allowed in the adjacent shoreland environment; and

7. This section does not authorize a land use that is not allowed by the underlying zoning, but may add additional restrictions or conditions or prohibit specific land uses within the shoreline jurisdiction. When there is a conflict between the allowed land uses in K.C.C. chapter 21A.08 and shoreline uses in this section, preference for shoreline uses shall first be given to water-dependent uses, then to water related uses, and finally to water enjoyment uses. All uses in the shoreline jurisdiction shall comply with all relevant county code provisions and with the King County ((S))shoreline ((M))master ((P))program.

B. Shoreline uses.

	High Intensity	Residential	Rural	Conservancy	Resource	Forestry	Natural	Aquatic
Agriculture
Agriculture (K.C.C. 21A.08.090)		P	P	P	P	P	P1
Aquaculture (fish and wildlife management K.C.C. 21A.08.090)
Nonnative marine finfish aquaculture
Commercial salmon net pens
Noncommercial native salmon net pens	P2	P2	P2	P2	P2	P2	P2	P2
Native non-salmonid finfish net pens		C2	C2	C2				C2
Geoduck aquaculture	C2	C2	C2	C2	C2	C2	C2	C2
Aquaculture, not otherwise listed	P2	P2	P2	P2	P2	P2	P2	P2
Boating Facilities
Marinas (K.C.C. 21A.08.040)	C3	C3	C3					C3
Commercial Development
General services (K.C.C. 21A.08.050)	P4	P5	P5
Business services, except SIC Industry 1611, automotive parking, and off-street required parking lot (K.C.C. 21A.08.060)	P6
Retail (K.C.C. 21A.08.070)	P7	P8
Government Services
Government services except commuter parking lot, utility facility, and private stormwater management facility (K.C.C. 21A.08.060)	P9	P9	P9	P9	P9	P9	P9	C10
Forest Practices
Forestry (K.C.C. 21A.08.090)		P11	P11	P11	P11	P11	C11
Industry
Manufacturing (K.C.C. 21A.08.080)	P12
In-stream structural uses
Hydroelectric generation facility, wastewater treatment facility, and municipal water production (K.C.C. 21A.08.100)	C13	C13	C13			C13		C13
In-stream utility facilities (K.C.C. 21A.08.060)	P14	P14	P14	P14	P14	P14	P14	C14
In-stream transportation portion of SIC 1611 highway and street construction (K.C.C. 21A.08.060)								C15
In-stream fish and wildlife management, except aquaculture (K.C.C. 21A.08.090)								C16
Mining
Mineral uses (K.C.C. 21A.08.090)					C17	C17		C17
Recreational Development
Recreational and cultural except for marinas and docks and piers (K.C.C. 21A.08.040)	P18	P19	P19	P20		P19	P21	C
Residential Development
Single detached residences (K.C.C. 21A.08.030) and adult family homes and community residential facility I (K.C.C. 21A.08.xxx (((the new section created by)) Ordinance XXXXX (Proposed Ordinance 2024-0440), ((s))Section 148 ((of Proposed Ordinance 2023-0442)))		P	P	P	P	C22	C22
Houseplex, townhouse, apartment, manufactured home community, cottage housing (K.C.C. 21A.08.030)	P23	P			P
Congregate residence and senior assisted housing (K.C.C. 21A.08.030), community residential facility II and permanent supportive housing (K.C.C. 21A.08.xxx (((the new section created by)) Ordinance XXXXX (Proposed Ordinance 2024-0440), ((s))Section 148 ((of Proposed Ordinance 2023-0442))))	P23	P
Accessory uses (K.C.C. 21A.08.030)	P24	P24	P24	P24	P24	C22 and 24	C22 and 24
Temporary lodging (K.C.C. 21A.08.030)	P23	P27	P27	C27	C27
Live-aboards	P28	P28	P28					P28
Transportation and parking
Transportation facilities	P29	P29	P29	C29	P29	P29	C29	C29
Commuter parking lot (K.C.C. 21A.08.060)
Automotive parking (K.C.C. 21A.08.060)
Off-street required parking lot (K.C.C. 21A.08.060)
Utilities
Utility facility (K.C.C. 21A.08.060)	P26	P26	P26	P26	P26	P26	P26	C26
Regional land uses
Regional uses except hydroelectric generation facility, wastewater treatment facility, and municipal water production (K.C.C. 21A.08.100)	P30

C. Development conditions:

1. In the ((N))natural shoreline environment, limited to low intensity agriculture, such as livestock use with an animal unit density of no more than one per two acres in the shoreline jurisdiction, seasonal hay mowing and related activities, and horticulture not to exceed twenty percent of the site area located within the shoreline jurisdiction.

2.a. The supporting infrastructure for aquaculture may be located landward of the aquaculture operation, subject to the limitations of K.C.C. Title 21A.

b. The aquaculture operation shall meet the standards in K.C.C. 21A.25.110.

c. In aquatic areas adjacent to the residential shoreline environment, net pen facilities shall be located no closer than one thousand five hundred feet from the ordinary high water mark of this environment, unless the department allows a specific lesser distance that it determines is appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within one thousand five hundred feet of the ordinary high water mark if supported by a visual impact analysis.

d. In aquatic areas adjacent to the rural shoreline environment, net pen facilities shall be located no closer than one thousand five hundred feet from the ordinary high water mark of this environment, unless the department allows a specific lesser distance that it determines is appropriate based upon a visual impact analysis.

e. In the natural shoreline environment and aquatic areas adjacent to the natural shoreline environment, commercial net pens are prohibited, and other aquaculture activities are limited to activities that do not require structures, facilities, or mechanized harvest practices and that will not alter the natural systems, features, or character of the site.

f. Farm-raised geoduck aquaculture requires a shoreline substantial development permit if a specific project or practice causes substantial interference with normal public use of the surface waters.

g. A conditional use permit is required for new commercial geoduck aquaculture only, consistent with WAC 173-26-241(3)(b). All subsequent cycles of planting and harvest shall not require a new conditional permit.

3.a. New marinas are not allowed along the east shore of Vashon-Maury Island, from Piner Point to Point Robinson.

b. Marinas shall meet the standards in K.C.C. 21A.25.120.

4. Water dependent general services land uses in K.C.C. 21A.08.050 are allowed. Nonwater-dependent general services land uses in K.C.C. 21A.08.050 are only allowed on sites that are not contiguous with the ordinary high water mark or on sites that do not have an easement that provides direct access to the water.

5.a. Water-dependent general services land uses in K.C.C. 21A.08.050 are allowed.

b. Nonwater-dependent general services land uses in K.C.C. 21A.08.050 are only allowed as part of a shoreline mixed-use development that includes water-dependent uses.

c. Nonwater-oriented general service((s)) land uses shall provide a ((significant)) public benefit by ((helping to achieve)) achieving one or more of the following shoreline master program goals:

(1) economic development for water-dependent uses;

(2) public access;

(3) water-oriented recreation;

(4) conservation of critical areas, scenic vistas, aesthetics, or fish and wildlife habitat; ((and)) or

(5) protection and restoration of historic properties.

6. Water-dependent business services uses in K.C.C. 21A.08.050 are allowed. Water-related business service((s)) uses are only allowed as part of a shoreline mixed-use development and only if they support a water-dependent use. The water-related business service((s)) uses shall comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction.

7.a. Water-dependent retail uses in K.C.C. 21A.08.050 are allowed.

b. Nonwater-dependent retail uses in K.C.C. 21A.08.050 are only allowed as part of a shoreline mixed-use development if the nonwater-dependent retail use supports a water-dependent use. Nonwater-dependent uses shall comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction.

c. Nonwater-oriented retail uses shall provide a significant public benefit by helping to achieve one or more of the following shoreline master program goals:

(1) economic development for water-dependent uses;

(2) public access;

(3) water-oriented recreation;

(4) conservation of critical areas, scenic vistas, aesthetics, or fish and wildlife habitat; and

(5) protection and restoration of historic properties.

8. Water-dependent retail uses in K.C.C. 21A.08.050 are allowed. Nonwater-dependent retail uses in K.C.C. 21A.08.050 are only allowed if the retail use provides a significant public benefit by helping to achieve one or more of the following shoreline master program goals:

a. economic development for water-dependent uses;

b. public access;

c. water-oriented recreation;

d. conservation of critical areas, scenic vistas, aesthetics, or fish and wildlife habitat; and

e. protection and restoration of historic properties.

9.a. Water-dependent government services in K.C.C. 21A.08.060 are allowed.

b. Nonwater-dependent government services in K.C.C. 21A.08.060 are only allowed as part of a shoreline mixed-use development if the nonwater-dependent government use supports a water-dependent use. Nonwater-dependent uses shall comprise less than one-half of the square footage of the structures or the portion of the site within the shoreline jurisdiction. Only low-intensity water-dependent government services are allowed in the ((N))natural environment.

10. The following standards apply to government services uses within the ((A))aquatic environment:

a. Stormwater and sewage outfalls are allowed if upland treatment and infiltration to groundwater, streams, or wetlands is not feasible and there is no impact on critical saltwater habitats, salmon migratory habitat, and the nearshore zone. However, stormwater and sewage outfalls are not allowed in the Maury Island Aquatic Reserve, except from Piner Point to Point Robinson;

b. Water intakes shall not be located near fish spawning, migratory, or rearing areas. Water intakes shall adhere to Washington state Department of Fish and Wildlife fish screening criteria. To the maximum extent practical, intakes should be placed at least thirty feet below the ordinary high water mark;

c. Desalinization facilities shall not be located near fish spawning, migratory, or rearing areas. Intakes should generally be placed deeper than thirty feet below the ordinary high water mark and shall adhere to Washington state Department Fish and Wildlife fish screening criteria. Discharge of desalination wastewater or concentrated mineral is not allowed in the Maury Island Aquatic Reserve, except that outside the Inner and Outer Harbormaster Harbor, discharge may be considered if there is no impact on critical saltwater habitats, salmon migratory habitat, and the nearshore zone;

d. ((C))cable crossings for telecommunications and power lines shall:

(1) be routed around or drilled below aquatic critical habitat or species;

(2) be installed in sites free of vegetation, as determined by physical or video seabed survey;

(3) be buried, preferably using directional drilling, from the uplands to waterward of the deepest documented occurrence of native aquatic vegetation; and

(4) use the best available technology;

e. ((O))oil, gas, water, and other pipelines shall meet the same standards as cable crossings and in addition:

(1) pipelines shall be directionally drilled to depths of seventy feet or one half mile from the ordinary high water mark; and

(2) use the best available technology for operation and maintenance;

f. ((B))breakwaters are not allowed within the Maury Island Aquatic Reserve or within the ((A))aquatic environment adjacent to the ((C))conservancy and ((N))natural shorelines.

11. In the ((N))natural shoreline environment, limited to low intensity forest practices that conserve or enhance the health and diversity of the forest ecosystem or ecological and hydrologic functions conducted for the purpose of accomplishing specific ecological enhancement objectives. In all shoreline environments, forest practices shall meet the standards in K.C.C. 21A.25.130.

12. Manufacturing uses in the shoreline environment shall give preference first to water-dependent manufacturing uses and second to water-related manufacturing uses:

a. ((N))nonwater-oriented manufacturing uses are allowed only:

(1) as part of a shoreline mixed-use development that includes a water-dependent use, but only if the water-dependent use comprises over fifty percent of the floor area or portion of the site within the shoreline jurisdiction;

(2) on sites where navigability is severely limited; or

(3) on sites that are not contiguous with the ordinary high water mark or on sites that do not have an easement that provides direct access to the water; and

(4) all nonwater-oriented manufacturing uses shall also provide a significant public benefit, such as ecological restoration, environmental clean-up, historic preservation, or water-dependent public education;

b. public access is required for all manufacturing uses unless it would result in a public safety risk or is incompatible with the use;

c. shall be located, designed, and constructed in a manner that ensures that there are no significant adverse impacts to other shoreline resources and values;

d. restoration is required for all new manufacturing uses; and

e. boat repair facilities are not allowed within the Maury Island Aquatic Reserve, except as follows:

(1) engine repair or maintenance conducted within the engine space without vessel haul-out;

(2) topside cleaning, detailing, and bright work;

(3) electronics servicing and maintenance;

(4) marine sanitation device servicing and maintenance that does not require haul-out;

(5) vessel rigging; and

(6) minor repairs or modifications to the vessel's superstructure and hull above the waterline that do not exceed twenty-five percent of the vessel's surface area above the waterline.

13. The water-dependent in-stream portion of a hydroelectric generation facility, wastewater treatment facility, and municipal water production are allowed, including the upland supporting infrastructure, and shall provide for the protection and preservation, of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas.

14. New in-stream portions of utility facilities may be located within the shoreline jurisdiction if:

a. there is no feasible alternate location;

b. provision is made to protect and preserve ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas; and

c. the use complies with the standards in K.C.C. 21A.25.260.

15. Limited to in-stream infrastructure, such as bridges, and shall consider the priorities of the King County Shoreline Protection and Restoration Plan when designing in-stream transportation facilities. In-stream structures shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas.

16. Limited to hatchery and fish preserves.

17. Mineral uses:

a. shall meet the standards in K.C.C. chapter 21A.22;

b. shall be dependent upon a shoreline location;

c. shall avoid and mitigate adverse impacts to the shoreline environment during the course of mining and reclamation to achieve no net loss of shoreline ecological function. In determining whether there will be no net loss of shoreline ecological function, the evaluation may be based on the final reclamation required for the site. Preference shall be given to mining proposals that result in the creation, restoration, or enhancement of habitat for priority species;

d. shall provide for reclamation of disturbed shoreline areas to achieve appropriate ecological functions consistent with the setting;

e. may be allowed within the active channel of a river only as follows:

(1) removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole;

(2) the mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline; and

(3) if no review has been previously conducted under this subsection C.17.e., before renewing, extending, or reauthorizing gravel bar and other in-channel mining operations in locations where they have previously been conducted, the department shall require compliance with this subsection C.17.e. If there has been prior review, the department shall review previous determinations comparable to the requirements of this section C.17.e. to ensure compliance with this subsection under current site conditions; and

f. shall comply with K.C.C. 21A.25.190.

18. Only water-dependent recreational uses are allowed, except for public parks and trails, in the ((H))high ((I))intensity shoreline environment and shall meet the standards in K.C.C. 21A.25.140 for public access and K.C.C. 21A.25.150 for recreation.

19. Water-dependent and water-enjoyment recreational uses are allowed in the ((R))residential, ((R))rural, and ((F))forestry shoreline environments and shall meet the standards in K.C.C. 21A.25.140 for public access and K.C.C. 21A.25.150 for recreation.

20. In the ((C))conservancy shoreline environment, only the following recreation uses are allowed and shall meet the standards in K.C.C. 21A.25.140 for public access and K.C.C. 21A.25.150 for recreation:

a. parks; and

b. trails.

21. In the ((N))natural shoreline environment, only passive and low-impact recreational uses are allowed.

22. Single detached residences shall be located outside of the ((aquatic area buffer)) riparian area and set back from the ordinary high water mark to the maximum extent practical.

23. Only allowed as part of a water-dependent shoreline mixed-use development where water-dependent uses comprise more than half of the square footage of the structures on the portion of the site within the shoreline jurisdiction.

24. Residential accessory uses shall meet the following standards:

a. docks, piers, moorage, buoys, floats, or launching facilities shall comply with the standards in K.C.C. 21A.25.180;

b. residential accessory structures located within the ((aquatic area buffer)) riparian area shall be limited to a total footprint of one-hundred fifty square feet; and

c. accessory structures shall be sited to preserve visual access to the shoreline to the maximum extent practical.

25. New highway and street construction is allowed only if there is no feasible alternate location. Only low-intensity transportation infrastructure is allowed in the ((N))natural environment.

26. Utility facilities are subject to the standards in K.C.C. 21A.25.260.

27. Only bed and breakfast guesthouses.

28. Only in a marina.

29. Transportation facilities are subject to the standards in K.C.C. 21A.25.280.

30. Only solid waste transfer stations and subject to K.C.C. 21A.25.260.

SECTION 79. Ordinance 16985, Section 32, as amended, and K.C.C. 21A.25.110 are hereby amended to read as follows:

An applicant for an aquaculture facility shall use the sequential measures in K.C.C. 21A.25.080. The following standards apply to aquaculture:

A. Unless the applicant demonstrates that the substrate modification will result in an increase in native habitat diversity, aquaculture that involves little or no substrate modification shall be given preference over aquaculture that involves substantial substrate modification and the degree of proposed substrate modification shall be limited to the maximum extent practical.

B. The installation of submerged structures, intertidal structures and floating structures shall be limited to the maximum extent practical.

C. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting, or other similar mechanisms, shall not be allowed in areas where the proposal would adversely impact critical saltwater or critical freshwater habitats.

D. Aquaculture activities that after implementation of mitigation measures would have a significant adverse impact on natural, dynamic shoreline processes, or that would result in a net loss of shoreline ecological functions shall be prohibited.

E. Aquaculture should not be located in areas that will result in significant conflicts with navigation or other water-dependent uses.

F. Aquaculture facilities shall be designed, located, and managed to prevent the spread of diseases to native aquatic life or the spread of new nonnative species.

G. Aquaculture practices shall be designed to minimize use of artificial chemical substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. Herbicides and pesticides shall be used only in conformance with state and federal standards and to the minimum extent needed for the health of the aquaculture activity.

H. Noncommercial native salmon net pen facilities that involve minimal supplemental feeding and limited use of chemicals or antibiotics as provided in subsection G. of this section may be located in King County marine waters if they are consistent with subsections S. and Y. of this section and are:

1. Native salmon net pens operated by Indian tribes with treaty fishing rights;

2. For the limited penned cultivation of wild salmon stocks during a limited portion of their lifecycle to enhance restoration of native stocks; or

3. For rearing to adulthood in order to harvest eggs as part of a captive brood stock recovery program for endangered species.

I. If uncertainty exists regarding potential impacts of a proposed aquaculture activity and for all experimental aquaculture activities, unless otherwise provided for, the department may require baseline and periodic operational monitoring by a county-approved consultant, at the applicant's expense, and shall continue until adequate information is available to determine the success of the project and the magnitude of any probable ((significant)) adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates ((significant,)) adverse environmental impacts that cannot be adequately mitigated.

J. Aquaculture developments approved on an experimental basis shall not exceed five acres in area, except land-based projects and anchorage for floating systems, and three years in duration. The department may issue a new permit to continue an experimental project as many times as it determines is necessary and appropriate.

K. The department may require aquaculture operations to carry liability insurance in an amount commensurate with the risk of injury or damage to any person or property as a result of the project. Insurance requirements shall not be required to duplicate requirements of other agencies.

L. If aquaculture activities are authorized to use public facilities, such as boat launches or docks, King County may require the applicant to pay a portion of the cost of maintenance and any required improvements commensurate with the use of those facilities.

M. New aquatic species that are not previously cultivated in Washington state shall not be introduced into King County saltwaters or freshwaters without prior written approval of the Director of the Washington state Department of Fish and Wildlife and the Director of the Washington state Department of Health. This prohibition does not apply to((:)) Pacific, Olympia, Kumomoto, Belon, or Virginica oysters; Manila, Butter, or Littleneck clams; or Geoduck clams.

N. Unless otherwise provided in the shoreline permit issued by the department, repeated introduction of an approved organism after harvest in the same location shall require approval by the county only at the time the initial aquaculture use permit is issued. Introduction, for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of King County regardless of whether it is a native or resident organism within the county and regardless of whether it is being transferred from within or without the waters of King County.

O. For aquaculture projects, overwater structures shall be allowed only if necessary for the immediate and regular operation of the facility. Overwater structures shall be limited to the storage of necessary tools and apparatus in containers of not more than three feet in height, as measured from the surface of the raft or dock.

P. Except for the sorting or culling of the cultured organism after harvest and the washing or removal of surface materials or organisms before or after harvest, no processing of any aquaculture product shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located landward of the ordinary high water mark.

Q. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including, but not limited to, the Federal Clean Water Act, Section 401, and chapter 90.48 RCW, Water Pollution Control. No garbage, wastes, or debris shall be allowed to accumulate at the site of any aquaculture operation.

R. Unless approved in writing by the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and three-foot high fencing or netting for otters. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as required.

S. Finfish net pens and rafts shall meet the following criteria in addition to the other applicable regulations of this section:

1. Finfish net pens shall not be located in Quartermaster Harbor. For the purposes of this subsection, "Quartermaster Harbor" means the area of Puget Sound north of a straight line drawn from the southwest tip of Vashon-Maury Island, which is Piner Point, to the southeast tip of Vashon-Maury Island, which is Neill Point;

2. Finfish net pens shall meet, at a minimum, state approved administrative guidelines for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail;

3. Finfish net pens shall not occupy more than two surface acres of water area, excluding booming and anchoring requirements. Anchors that minimize disturbance to substrate, such as helical anchors, shall be employed. Such operations shall not use chemicals or antibiotics;

4. Aquaculture proposals that include new or added net pens or rafts shall not be located closer than one nautical mile to any other aquaculture facility that includes net pens or rafts. The department may authorize a lesser distance if the applicant demonstrates to the satisfaction of the department that the proposal will be consistent with the environmental and aesthetic policies and objectives of this chapter and the shoreline master program. The applicant shall demonstrate to the satisfaction of the department that the cumulative impacts of existing and proposed operations would not be contrary to the policies and regulations of the program;

5. Net cleaning activities shall be conducted on a frequent enough basis so as not to violate state water quality standards. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing, or hand washing; and

6. In the event of a significant fish kill at the site of a net pen facility, the finfish aquaculture operator shall submit a timely report to public health - Seattle & King County, environmental health division, and the department of local services, permitting division, stating the cause of death and shall detail remedial actions to be implemented to prevent reoccurrence.

T. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with United States Coast Guard requirements.

U. The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant and the affected Indian tribes through the permit review process.

V. Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Where any structure might constitute a potential hazard to the public in the future, the department shall require the posting of a bond commensurate with the cost of removal or repair. The department may abate an abandoned or unsafe structure in accordance with K.C.C. Title 23.

W. Aquaculture shall not be approved where it will adversely impact eelgrass and macroalgae.

X. Commercial salmon net pens and nonnative marine finfish aquaculture are prohibited.

Y. Finfish net pens shall be consistent with the applicable aquaculture regulations in this section and shall meet the following criteria and requirements:

1. Each finfish net pen application shall provide a current, peer-reviewed science review of environmental issues related to finfish net pen aquaculture;

2. The department shall only approve a finfish net pen application if the department determines the scientific review demonstrates:

a. that the project construction and activities will achieve no net loss of ecological function in a manner that has no ((significant)) adverse short-term impact and no documented adverse long-term impact to applicable elements of the environment, including, but not limited to, habitat for native salmonids, water quality, critical saltwater or critical freshwater habitat, eel grass beds, other aquaculture, other native species, the benthic community below the net pen or other environmental attributes; and

b. that the finfish net pen does not involve significant risk of cumulative adverse effects, including, but not limited to, risk of interbreeding with wild salmon or reduction of genetic fitness of wild stocks, parasite or disease transmission, or other adverse effects on native species or threatened or endangered species and their habitats;

3. The department's review shall:

a. include an assessment of the risk to endangered species, non-endangered species, and other biota that could be affected by the finfish net pen; and

b. evaluate and model water quality impacts utilizing current information, technology, and assessment models. The project proponent shall be financially responsible for this water quality assessment;

4. Finfish net pens shall be designed, constructed and maintained to prevent escapement of fish in all foreseeable circumstances, including, but not limited to, tide, wind and wave events of record, floating and submerged debris, and tidal action;

5. Finfish net pens shall not be located:

a. within three hundred feet of an area containing eelgrass or a kelp bed;

b. within one thousand five hundred feet of an ordinary high water mark; or

c. in a designated Washington state Department of Natural Resources aquatic reserve;

6. A finfish net pen may not be used to mitigate the impact of a development proposal; and

7. For finfish net pens that are not noncommercial native salmon net pens, the conditional use permit for the net pen shall be renewed every five years. An updated scientific review shall be conducted as part of the renewal and shall include a new risk assessment and evaluation of the impact of the operation of the finfish net pen during the previous five years.

Z. Geoduck aquaculture shall be consistent with WAC 173-26-241(3)(b).

SECTION 80. Ordinance 3688, Section 415, as amended, and K.C.C. 21A.25.150 are hereby amended to read as follows:

Recreational development must meet the following standards:

A. The recreational development must be permitted in the underlying zone;

B. Recreational uses in the ((N))natural shoreline environment must be water-oriented;

C. Swimming areas shall be separated from boat launch areas and marinas, to the maximum extent practical;

D. The development of underwater sites for sport diving shall not:

1. Take place at depths of greater than eighty feet;

2. Constitute a navigational hazard; and

3. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site;

E. The construction of swimming facilities, docks, piers, moorages, buoys, floats, and launching facilities below the ordinary high water mark shall be governed by the regulations relating to docks, piers, moorage, buoys, floats, or launching facility construction in K.C.C. 21A.25.180;

F. Public boat launching facilities or marinas shall be governed by K.C.C. 21A.25.120;

G. Campgrounds in the ((N))natural shoreline environment shall meet the following conditions:

1. Campsites shall be located outside the shoreline jurisdiction if possible, and if not, be located outside of critical area((s)) buffers;

2. Restrooms and parking shall be located outside the shoreline jurisdiction; and

3. Removal of vegetation shall be limited to the maximum extent practical;

H. Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area;

I. Water viewing, nature study, recording, and viewing shall be accommodated by open space, platforms, benches or shelter, consistent with public safety and security;

J. Public recreation shall be provided on county-owned lands consistent with this chapter unless the director determines public recreation is not compatible with other uses on the site or will create a public safety risk; and

K. To the maximum extent practical, proposals for non water oriented active recreation facilities shall be located outside of the shoreline jurisdiction and shall not be permitted where the non water oriented active recreation facility would have an adverse impact on critical saltwater or critical freshwater habitats.

SECTION 81. Ordinance 16985, Section 39, as amended, and K.C.C. 21A.25.160 are hereby amended to read as follows:

A. The shoreline modification table in this section determines whether a specific shoreline modification is allowed within each of the shoreline environments. The shoreline environment is located on the vertical column and the specific use is located on the horizontal row of the table. The specific modifications are grouped by the shoreline modification categories in WAC 173-26-231. The table should be interpreted as follows:

1. If the cell is blank in the box at the intersection of the column and the row, the modification is prohibited in that shoreline environment;

2. If the letter "P" appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment;

3. If the letter "C" appears in the box at the intersection of the column and the row, the modification may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in K.C.C. 21A.44.100;

4. If a number appears in the box at the intersection of the column and the row, the modification may be allowed subject to the appropriate review process indicated in this section and the specific development conditions indicated with the corresponding number immediately following the table, and only if the underlying zoning allows the modification. If more than one number appears at the intersection of the column and row, both numbers apply;

5. If more than one letter-number combination appears in the box at the intersection of the column and the row, the modification is allowed within that shoreline environment subject to different sets of limitations or conditions depending on the review process indicated by the letter, the specific development conditions indicated in the development condition with the corresponding number immediately following the table;

6. A shoreline modification may be allowed in the aquatic environment only if that shoreline modification is allowed in the adjacent shoreland environment; and

7. This section does not authorize a shoreline modification that is not allowed by the underlying zoning, but may add additional restrictions or conditions or prohibit specific modifications within the shoreline jurisdiction. All shoreline modifications in the shoreline jurisdiction shall comply with all relevant county code provisions and with the King County shoreline master program.

B. Shoreline modifications.

	High Intensity	Residential	Rural	Conservancy	Resource	Forestry	Natural	Aquatic
Shoreline stabilization
Shoreline stabilization, not including flood protection facilities	P1	P1	P1	C1	P1	C1		P1 C1
Flood protection facilities	P2	P2	P2	P2	P2		P2	P2
Piers and docks
Docks, piers, moorage, buoys, floats, or launching facilities	P3	P3	P3	C3	C3	C3		P3 C3
Fill
Filling	P4 C4	P4 C4	P4 C4	P4 C4	P4 C4	C4	C4	P4 C4
Breakwaters, jetties, groins, and weirs
Breakwaters, jetties, groins, and weirs	P5 C5	P5 C5	P5 C5	P5 C5	P5 C5	P5 C5	P5 C5	P5 C5
Dredging and dredge material disposal
Excavation, dredging, dredge material disposal	P6 C6	P6 C6	P6 C6	P6 C6	P6 C6	C6	C6	P6 C6
Shoreline habitat and natural systems enhancement projects
Habitat and natural systems enhancement projects	P7	P7	P7	P7	P7	P7	P7	P7
Vegetation management
Removal of existing intact native vegetation	P8	P8	P8	P9	P8	P8	P9	P9

C. Development conditions.

1. New and replacement shoreline stabilization, including bulkheads, shall meet the standards in K.C.C. 21A.25.170;

2.a. Flood protection facilities shall be consistent with the standards in K.C.C. chapter 21A.24, goals, objectives, guiding principles, and policies of the 2024 King County Flood Management Plan, and the Integrated ((Stream))- Streambank Protection Guidelines (Washington state ((d))Departments of Fish and Wildlife, Ecology, and Transportation, 2003). New structural flood hazard protection measures are allowed in the shoreline jurisdiction only when the applicant demonstrates by a scientific and engineering analysis that the structural measures are necessary to protect existing development, that nonstructural measures are not feasible and that the impact on ecological functions and priority species and habitats can be successfully mitigated ((so as)) to assure no net loss of shoreline ecological functions. New flood protection facilities designed as shoreline stabilization shall comply with the standards in K.C.C. 21A.25.170.

b. Relocation, replacement, or expansion of existing flood control facilities within the ((N))natural shoreline environment are allowed, subject to the requirements of the King ((c))County Flood ((Hazard)) Management Plan and consistent with the Washington State Aquatic Guidelines Program's Integrated Streambank Protection Guidelines and bioengineering techniques used to the maximum extent practical. New facilities would only be allowed consistent with an approved watershed resources inventory area (WRIA) salmon recovery plan under chapter 77.85 RCW.

3. Docks, piers, moorage, buoys, floats, or launching facilities shall comply with the standards in K.C.C. 21A.25.180;

4.a. Filling shall comply with the standards in K.C.C. 21A.25.190.

b. A shoreline conditional use permit is required to:

(1) Place fill waterward of the ordinary high water mark for any use except ecological restoration or for the maintenance and repair of flood protection facilities; and

(2) Dispose of dredged material within shorelands or wetlands within a channel migration zone;

c. ((F))fill shall not be placed in critical saltwater or critical freshwater habitats except when all ((of)) the following conditions are met:

(1) the public's need for the proposal is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;

(2) avoidance of impacts to critical saltwater or critical freshwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose;

(3) the project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater or critical freshwater habitats; and

(4) the project is consistent with the state's interest in resource protection and species recovery; and

d. In a channel migration zone, any filling shall protect shoreline ecological functions, including channel migration.

5.a. Breakwaters, jetties, groins, and weirs:

(1) are only allowed where necessary to support water dependent uses, public access, approved shoreline stabilization, or other public uses, as determined by the director;

(2) are not allowed in the Maury Island Aquatic Reserve except as part of a habitat restoration project or as an alternative to construction of a shoreline stabilization structure;

(3) shall not intrude into or over critical saltwater or critical freshwater habitats except when all ((of)) the following conditions are met:

(a) the public's need for the structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;

(b) avoidance of impacts to critical saltwater or critical freshwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose;

(c) the project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater or critical freshwater habitats; and

(d) the project is consistent with the state's interest in resource protection and species recovery.

b. Groins are only allowed as part of a restoration project sponsored or cosponsored by a public agency that has natural resource management as a primary function.

c. A conditional shoreline use permit is required, except for structures installed to protect or restore shoreline ecological functions.

6. Excavation, dredging, and filling shall comply with the standards in K.C.C. 21A.25.190. A shoreline conditional use permit is required to dispose of dredged material within shorelands, wetlands, or side channels within a channel migration zone.

7.a. If the department determines the primary purpose is restoration of the natural character and ecological functions of the shoreline, a shoreline habitat, and natural systems enhancement project may include shoreline modification of vegetation, removal of nonnative or invasive plants, and shoreline stabilization, including the installation of large ((woody debris)) wood, dredging, and filling. Mitigation actions identified through biological assessments required by the National Marine Fisheries Services and applied to flood hazard mitigation projects may include shoreline modifications of vegetation, removal of nonnative or invasive plants, and shoreline stabilization, including the installation of large ((woody debris)) wood, dredging, and filling.

b. Within the urban growth area, the county may grant relief from shoreline master program development standards and use regulations resulting from shoreline restoration projects consistent with criteria and procedures in WAC 173-27-215.

c. A restoration and enhancement plan shall be prepared by an ecological professional. The plan shall include a critical functional analysis that evaluates the existing conditions and the post-project ecological and increase in functions to be achieved by the project.

d. An applicant for a shoreline habitat and natural systems enhancement project shall demonstrate that the proposed project will provide a net ecological benefit and increase in functions over the existing ecological and functional conditions of the habitat project area. If this requirement is satisfied, additional mitigation or restoration beyond the proposed habitat enhancement project itself may not be required. The applicant may be required to comply with the post-project monitoring and reporting conditions in K.C.C. 21A.24.130.

8. Within the critical area and critical area buffer, vegetation removal is subject to K.C.C. chapter 21A.24.

9. Except for forest practices conducted under K.C.C. 21A.25.130, existing native vegetation located outside of the critical area and critical area buffer shall be retained to the maximum extent practical. Within the critical area and critical area buffer, vegetation removal is subject to K.C.C. chapter 21A.24.

SECTION 82. Ordinance 16985, Section 46, as amended, and K.C.C. 21A.25.210 are hereby amended to read as follows:

The expansion of a dwelling unit or residential accessory structure located in the shoreline jurisdiction, if allowed under K.C.C. 21A.24.045, ((is subject to the following:

A.)) shall require a shoreline variance ((I))if the proposed expansion will result in a total cumulative expansion of the dwelling unit and accessory structures of more than one thousand square feet((, a shoreline variance is required; and

B. If the site has an approved rural stewardship plan under K.C.C. 21A.24.055, the expansion is not allowed)).

SECTION 83. Ordinance 11168, Section 3 as amended, and K.C.C. 21A.30.045 are hereby amended to read as follows:

A. To achieve the maximum density allowances using a livestock management component of a farm management plan, the plan must meet the following criteria:

1. The plan is developed as part of a program authorized or approved by King County. Certified Washington state Department of Ecology nutrient management plans that are consistent with all of the criteria of this section may substitute for a livestock management component of a farm management plan for commercial dairy farms. Commercial dairy farms that do not have approved nutrient management plans must meet the requirements of K.C.C 21A.30.060;

2. The plan includes site-specific management measures for minimizing nonpoint pollution from agricultural activities and for managing wetland and aquatic areas including, but not limited to:

a. livestock watering;

b. grazing and pasture management;

c. confinement area management;

d. manure management; and

e. exclusion of animals from aquatic areas ((and their buffers)), riparian areas, and wetlands and ((their)) associated buffers with the exception of grazed wet meadows.

3. The plan is implemented within a timeframe established in the plan and maintained so that nonpoint pollution attributable to livestock-keeping is minimized; and

4. A monitoring plan may be required as part of the livestock management component of a farm management plan to demonstrate that there is no significant impact to water quality and ((salmonid fisheries)) fish habitat. Monitoring results shall be available to the King County agriculture program.

B. The livestock management component of a farm management plan shall, at a minimum:

1. ((Generally s))Seek to achieve a ((twenty-five-foot buffer of)): forty-foot-wide grazing area buffer including diverse, mature vegetation between grazing areas and the ordinary high water mark of all type S and F aquatic areas and the wetland edge of any category I, II, or III wetland with the exception of grazed wet meadows((, using buffer averaging where necessary to accommodate existing structures)); thirty-five-foot-wide grazing area buffer including diverse, mature vegetation between grazing areas and the ordinary high water mark of all type N aquatic areas; and twenty-foot-wide grazing area buffer including diverse, mature vegetation between grazing areas and the wetland edge of any category IV wetlands other than grazed wet meadows. The livestock management component of a farm management plan((s)) may vary the width of the grazing area buffer ((of an aquatic area or wetland)), and the time and duration of animal exclusion throughout the year, according to guidelines agreed upon by King County and the King Conservation District. The guidelines may support a different grazing area buffer width based on both the nature of the farm operation and the function and sensitivity of the aquatic area or wetland. The plan must include best management practices that avoid having manure accumulate in or within ten feet of type ((N or)) O waters. ((Forested lands being cleared)) Clearing of lands for grazing ((areas)) shall comply with the riparian area widths and critical area buffers and all applicable regulations in K.C.C. chapter 21A.24;

2. ((Assure)) Ensure that drainage ditches on the site do not channel animal waste to aquatic areas and wetlands;

3. Achieve an additional twenty((-foot buffer) feet of diverse, mature vegetation downslope of any confinement areas within two hundred feet of type S((and)), F, and N waters. This requirement may be waived for existing confinement areas on lots of two and one-half acres or less in size if:

a. a minimum buffer of ((twenty-five)) forty feet of diverse, mature vegetation is achieved;

b. manure within the confinement area is removed daily during the winter season from October 15 to April 15, and stored in accordance with K.C.C. 21A.30.060.D.; and

c. additional best management practices, as recommended by the King Conservation District, are implemented, and maintained; and

4. Include a schedule for implementation.

C. Any deviation from the manure management standards must be addressed in a livestock management component of a farm management plan.

D. A copy of the final plans shall be submitted to the department of natural resources and parks within sixty days of completion.

E. The farm management plan approved by the department of natural resources and parks may be appealed to the hearing examiner in accordance with K.C.C. 20.22.040 and 20.22.080. Appeals may be filed only by the property owner or four members of the King County agriculture commission. Any farm management plan not appealed shall constitute prima facie evidence of compliance with the regulatory provisions of K.C.C. 9.12.035.

F. Properties operating subject to an existing livestock management farm plan developed based on the standards in effect before the effective date of this ordinance shall be deemed to have satisfied the standards of this section.

SECTION 84. Ordinance 10870, Section 534, as amended, and K.C.C. 21A.30.060 are hereby amended to read as follows:

Property owners with farms containing either large livestock at densities greater than one animal unit per two acres, or small livestock at densities greater than five animals per acre, or both, are not required to follow a((n)) livestock management plan if the owners adhere to the management standards in subsections A. through G. of this section. This section applies only if farm practices do not result in violation of any federal, state, or local water quality standards.

A. To minimize livestock access to aquatic areas, property owners shall utilize the following livestock watering options:

1. The preferred option, which is a domestic water supply, stock watering pond, roof runoff collection system, or approved pumped supply from the aquatic areas so that livestock are not required to enter aquatic areas for their water supply.

2. Livestock access to type S((and)), F, and N waters((, including their buffers)) and riparian areas shall be limited to crossing and watering points that have been addressed by a crossing or watering point plan designed to Natural Resource Conservation Services or King Conservation District specifications that prevent free access along the length of the aquatic areas.

a. Fencing shall be used as necessary to prevent livestock access to type S ((and)), F, and N waters.

b. Bridges may be used, in accordance with K.C.C. chapter 21A.24, in lieu of crossings. Piers and abutments shall not be placed within the ordinary high water mark or top-of-bank, whichever is greater. Bridges shall be designed to allow free flow of flood waters and shall not diminish flood carrying capacity. These bridges may be placed without a county building permit, but the permit waiver shall not constitute any assumption of liability by the county with regard to such bridge or its placement. The waiver of county building permit requirements does not constitute a waiver from other required agency permits.

B.1. Existing grazing areas not addressed by K.C.C. chapter 21A.24 shall maintain a ((vegetative buffer of fifty feet)) fifty-foot-wide grazing area buffer from the ((wetland)) edge of a category I, II((or)), III, or IV wetland, except those wetlands meeting the definition of grazed wet meadows, or the ordinary high water mark of a type S((or)), F, or N water, and a twenty-five-foot-wide grazing area buffer from the edge of a category IV wetland except those wetlands meeting the definition of grazed wet meadows.

2. ((Forested l))Lands being cleared for grazing areas shall comply with the riparian area widths and critical area buffers and the associated regulations in K.C.C. chapter 21A.24.

3. The grazing area buffer may be reduced to twenty-five feet where a twenty-five-foot buffer of diverse, mature vegetation already exists. This buffer reduction may not be used when ((forested)) lands are being cleared for grazing areas.

4. Fencing shall be used to establish and maintain the grazing area buffer unless the buffer is otherwise impenetrable to livestock.

5. Fencing installed in accordance with the ((1990 Sensitive Area Ordinance before February 14, 1994)) standards in effect before January 1, 2005, at setbacks other than those specified in subsection B.((1. and 2.)) of this section shall be deemed to constitute compliance with those requirements.

6. Grazing areas within two hundred feet of a type S((or)), F, or N water or category I, II((or)), III, or IV wetland shall not be plowed during the rainy season from October 1 through April 30.

7. Grazing areas may extend to the property line, provided that type S((or)), F, or N waters and category I, II((and)), III, or IV wetlands that are located adjacent to the property line are ((buffered)) protected in accordance with subsection B.1., 2., or 3. of this section.

C.1. In addition to the buffers in subsection B.((1. and 2.)) of this section, confinement areas located within two hundred feet of any type S((or)), F, or N waters or category I, II((or)), III, or IV wetlands with the exception of grazed wet meadows shall:

a. have a twenty-foot-wide vegetative filter strip downhill from the confinement area, consisting of heavy grasses or other ground cover with high stem density and that may also include tree cover;

b. not be located in ((the buffer of)) a riparian area adjacent to any type S((or)), F, or N water or any wetland buffer required by the critical areas ordinance in effect at the time the confinement area is built, or within fifty feet of the wetland edge of any category I, II((or)), III, or IV wetland or the ordinary high water mark of any type S((or)), F, or N water. Fencing shall be used to establish and maintain the buffer except where existing natural vegetation is sufficient to exclude livestock from the buffer((. Existing confinement areas that do not meet these requirements shall be modified as necessary to provide the buffers specified in this section within five years of January 1, 2005, though the footprint of existing buildings need not be so modified)); and

c. have roof drains of any buildings in the confinement area diverted away from the confinement area.

2. Confinement areas may extend to the property line((,)) if aquatic areas and wetlands adjacent to the property line are buffered in accordance with ((K.C.C. this)) subsection C. of this section.

D.1. Manure storage areas shall be managed as follows:

a. Surface flows and roof runoff shall be diverted away from manure storage areas;

b. All manure stockpiled within two hundred feet uphill of any the ordinary high water mark of a type S ((or)), F, or N water or the edge of a category I, II((or)), III, or IV wetland shall either be covered in a manner that excludes precipitation and allows free flow of air to minimize fire danger or be placed in an uncovered concrete bunker or manure lagoon or held for pickup in a dumpster, vehicle, or other facility designed to prevent leachate from reaching any aquatic area or wetland. Concrete bunkers shall be monitored quarterly for the first two years after installation, then annually unless problems were identified in the first two years, in which case quarterly monitoring shall continue and appropriate adjustments shall be made;

c. Manure shall not be stored in any ((aquatic area buffer)) riparian area or wetland buffer, with the exception of grazed or tilled wet meadows unless there is no other alternative on the property. Manure shall be stored in a location that avoids having runoff from the manure enter aquatic areas or wetlands. Manure piles shall not be closer than one hundred feet uphill from:

(1) any wetland edge excluding grazed or tilled wet meadows;

(2) the ordinary high water mark of any aquatic area; or

(3) any ditch to which the topography would generally direct runoff from the manure; and

d. The location may be reduced to no closer than fifty feet if the manure pile is part of an active compost system that is located on an impervious surface to prevent contact with the soil and includes a leachate containment system.

2. Manure shall be spread on fields only during the growing season, and not on saturated or frozen fields.

E. For purposes of this section, "buffer maintenance" means allowing vegetation in the grazing area buffer that provides shade for the aquatic area or acts as a filter for storm water entering the aquatic area, other than noxious weeds, to grow to its mature height, though grasses in the buffer may be mowed but not grazed. Grading in the buffer is allowed only for establishment of watering and crossing points, or for other activities permitted in accordance with K.C.C. chapter 21A.24, with the appropriate permits.

F. Properties ((that have)) with existing fencing ((already)) installed at distances other than those specified in these standards, and for which livestock management farm plans have been developed based on the existing fencing locations, shall be deemed to be in compliance with the fencing requirements of these standards((. Properties with or without a livestock management component of a farm management plan that complied with the fencing requirements in effect before January 1, 2005, shall have five years from January 1, 2005, to meet the fencing requirements for aquatic areas that were exempt from fencing under ordinances in effect before January 1, 2005)), provided approved fencing is present for all type S and F aquatic areas.

G. Buffer areas shall not be subject to public access, use, or dedication by reason of the establishment of such buffers.

SECTION 85. Ordinance 15051, Section 228, and K.C.C. 21A.50.035 are hereby amended to read as follows:

A. A person who alters a critical area or buffer in violation of law shall undertake corrective work in compliance with this chapter and K.C.C. ((chapter 23.08)) Title 23. When feasible, corrective work shall include restoration of the critical area and buffer. Corrective work shall be subject to all permits or approvals required for the type of work undertaken. In addition, the violator shall be subject to all fees associated with investigation of the violation and the need for corrective work.

B. When a wetland or buffer is altered in violation of this title, restoration of the wetland and buffer shall comply with the restoration standards in K.C.C. 21A.24.340.

C. When an aquatic area or ((buffer)) riparian area is altered in violation of this title, restoration of the ((stream and buffer)) aquatic area or riparian area shall comply with the restoration standards in K.C.C. 21A.24.380.

D. All corrective work shall be completed within the time specified in the corrective work plan, but in no case later than one year from the date the corrective work plan is approved by the department, unless the director authorizes a longer period. The violator shall notify the department when restoration measures are installed and monitoring is commenced.

E. Any failure to satisfy corrective work requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved corrective work plan shall constitute a default, and the department may demand payment of any financial guarantees or require other action authorized by K.C.C. Title 27A or other applicable law.

F. Reasonable access to the corrective work site shall be provided to King County for the purpose of inspections during any monitoring period.

SECTION 86. The following are hereby repealed:

A. Ordinance 15051, Section 139, as amended, and K.C.C. 21A.24.055;

B. Ordinance 17539, Section 47, as amended, and K.C.C. 21A.24.072;

C. Ordinance 15051, Section 152, as amended, and K.C.C. 21A.24.137;

D. Ordinance 10870, Section 461, as amended, and K.C.C. 21A.24.140;

E. Ordinance 11481, Sections 3 and 5, as amended, and K.C.C. 21A.24.314;

F. Ordinance 15051, Section 189, as amended, and K.C.C. 21A.24.342; and

G. Ordinance 15051, Section 234, as amended, and K.C.C. 21A.24.550.

SECTION 87.

A. Attachment A to this ordinance is adopted as amendments to the 2024 King County Comprehensive Plan, as adopted in Ordinance XXXXX (Proposed Ordinance 2024-0440).

B. The elements of the 2024 King County Comprehensive Plan in Attachment A to this ordinance are hereby amended to read as set forth in this ordinance and are incorporated herein by this reference.

C. The elements of the King County Shoreline Master Program in sections 41, 42, 44, 52, 53, 56, 58, 59, 60, 63, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, and 86 of this ordinance are hereby amended to read as set forth in this ordinance and are incorporated herein by this reference.

SECTION 88. Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010 are hereby amended to read as follows:

Under the King County Charter, the state Constitution, and the Growth Management Act, chapter 36.70A RCW, King County adopted the 1994 King County Comprehensive Plan via Ordinance 11575 and declared it to be the Comprehensive Plan for King County until amended, repealed, or superseded. The Comprehensive Plan has been reviewed and amended multiple times since its adoption in 1994. Amendments to the 1994 Comprehensive Plan to-date are currently reflected in the 2024 King County Comprehensive Plan, as adopted in Ordinance XXXXX (Proposed Ordinance 2023-0440), and as amended by this ordinance. The Comprehensive Plan shall be the principal planning document for the orderly physical development of the county and shall be used to guide subarea plans, functional plans, provision of public facilities and services, review of proposed incorporations and annexations, development regulations, and land development decisions.

SECTION 89. The executive shall submit sections 41, 42, 44, 52, 53, 56, 58, 59, 60, 63, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, and 86 of this ordinance to the state Department of Ecology for its approval, as provided in RCW 90.58.090.

SECTION 90. Sections 41, 42, 44, 52, 53, 56, 58, 59, 60, 63, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, and 86 of this ordinance take effect within the shoreline jurisdiction fourteen days after the state Department of Ecology provides written notice of final action stating that the proposal is approved, in accordance with RCW 90.58.090. The executive shall provide the written notice of final action to the clerk of the council.

SECTION 91. Severability. If any provision of this ordinance or its application

to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.