30.62A.160 Permanent identification, protection and recording.
The following measures for permanent identification and protection of wetlands, fish and wildlife habitat conservation areas and buffers are required for any development activity or action requiring a project permit, except those occurring in public and private road, trail or utility easements and rights-of-way, or for those projects conducted for the primary purpose of habitat enhancement or restoration.
(1) Critical area site plans.
(a) All wetlands, fish and wildlife habitat conservation areas and buffers occurring on the site shall be designated on a critical area site plan as critical area protection areas.
(b) A critical area site plan is any plan approved by the department that includes but is not limited to subdivisions, records of survey, official site plans, administrative site plans, binding site plans, or other form drawn to a standard engineering scale.
(c) Critical area site plans shall include at a minimum:
(i) the boundaries of the site;
(ii) the boundaries of the property;
(iii) a legal description of the subject property;
(iv) accurate locations/boundaries of the critical area protection area(s), identified by critical area type;
(v) identification of existing legally established uses and structures;
(vi) provisions allowing habitat enhancement in wetland(s), fish and wildlife habitat conservation area(s) and buffers; and
(vii) provisions for the permanent protection of the critical area(s) functions and values including, at minimum, the following:
(A) restrictions on the construction of new structures;
(B) restrictions on the removal of existing native vegetation; and
(C) restrictions on other development activities that would adversely affect the functions and values of the wetland(s), fish and wildlife habitat conservation area(s), or buffers.
(2) Recording. Critical area site plans shall be recorded with the county auditor. Documentation of recording shall be provided to the department prior to permit issuance.
(3) Separate tracts and easements. Wetlands, fish and wildlife habitat conservation areas, and buffers shall be located in easements or in separate tracts or other protected open space owned in common by all owners of the lots or parcels within any land division or land use permit or decision regulated pursuant to chapters 30.41A, 30.41B, 30.41C and 30.41D SCC or any other multi-family project approval with protected open space owned in common.
(4) Legally established uses and structures. Existing legally established uses or structures that fall within the boundaries of the critical area protection area shall be allowed to continue to be used and maintained without any additional restrictions. These uses and structures shall be clearly identified and described on the critical area site plan.
(5) When using easements on lots for the protection of critical areas or buffers, a fence shall be installed consistent with the fence design and placement requirements of SCC 30.62A.320(1)(f)(ii).
(6) Previously approved critical area site plans. For any development activity, action requiring a project permit or clearing occurring consistent with a previously approved critical area site plan shall be governed according to the terms and conditions of the approved site plan, provided that all wetlands, fish and wildlife habitat conservation areas and buffers have been identified and specific permanent protection has been provided. "Consistent" means that there are no proposed modifications to the critical area protective measures established on the previously approved plan or direct impacts to the critical areas or buffers.
(7) Permanent marking. Critical area protection area boundaries shall be permanently marked on the site prior to final inspection by the county using methods and materials acceptable to the county, provided that this requirement does not apply to single family residential development occurring on existing lots. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015).