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EVERETT 2044 <br />DEVELOPMENT REGULATIONS <br /> <br /> <br />6/17/2025 <br />DEVELOPMENT REGULATIONS <br />Page 277 <br />may be granted to the requirements of this chapter, and the administratfve modificatfons which can be 1 <br />granted to the requirements of this chapter. 2 <br />All actfvitfes or developments which are exempted, excepted, or granted modificatfons shall use 3 <br />reasonable methods to avoid and minimize potentfal impacts to critfcal areas, including use of any 4 <br />applicable best management practfces. Such actfvitfes or developments which are exempted, excepted, 5 <br />or granted modificatfons shall not be exempt from other laws or permit requirements which may be 6 <br />applicable. 7 <br />A. Exemptions. The following are exemptfons to the provisions of this chapter; however, the exemptfons 8 <br />listed in this sectfon may not be exempted from other state or federal regulatfons or permit 9 <br />requirements. Any incidental damage to, or alteratfon of, a critfcal area that is not a necessary outcome 10 <br />of the exempted actfvity shall be restored, rehabilitated, or replaced at the expense of the property 11 <br />owner. 12 <br />1. Exempted Actions. 13 <br />a. Emergencies that threaten the public health, safety and welfare, as verified by the city. 14 <br />Emergency actfons that create an impact to a critfcal area or its buffer shall use reasonable 15 <br />methods to address the emergency; in additfon, they must have the least possible impact to the 16 <br />critfcal area and/or its buffer. 17 <br />b. Existfng and ongoing agricultural actfvity occurring prior to and since January 3, 1990; 18 <br />provided, however, at such tfme as the property ceases to be used for agricultural actfvitfes and 19 <br />a development actfvity is proposed, the property shall be brought into compliance with the 20 <br />provisions of this chapter; and further provided, that existfng ditches and drain tfles are not 21 <br />expanded in a manner that will drain wetlands in existence as of the date this chapter becomes 22 <br />effectfve. This exemptfon does not apply to filling or alteratfon of wetlands not in agricultural use 23 <br />as of January 3, 1990. The city encourages the use of best management practfces or farm 24 <br />conservatfon plans to reduce impacts of agricultural practfces on critfcal areas. 25 <br />c. Normal and routfne maintenance of legally constructed irrigatfon and drainage ditches; 26 <br />provided, that this exemptfon shall not apply to any ditches used by salmonids. 27 <br />d. Normal and routfne maintenance of agricultural ponds, livestock watering ponds and fish 28 <br />ponds; provided, that such actfvitfes shall not involve the conversion of any wetland or stream 29 <br />not used for such purposes prior to and since January 3, 1990. 30 <br />e. Entfrely artfficial structures or wetlands intentfonally constructed by humans from upland 31 <br />areas for purposes of stormwater drainage or water quality control, or ornamental landscape 32 <br />ponds, which are not part of a mitfgatfon plan required by this chapter. 33 <br />f. The following water, sewer, storm drainage, electric, natural gas, cable communicatfons, and 34 <br />telephone utflity-related actfvitfes, and maintenance of public streets and public park facilitfes 35 <br />when the actfvity does not expand or encroach further into the critfcal area, does not 36 <br />significantly impact a fish or wildlife habitat conservatfon area, and when undertaken pursuant 37 <br />to best management practfces to minimize impacts to critfcal areas and their buffers: 38