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EVERETT 2044 <br />DEVELOPMENT REGULATIONS <br /> <br /> <br />6/17/2025 <br />DEVELOPMENT REGULATIONS <br />Page 280 <br />(3) Are not part of a wetland mosaic; 1 <br />(4) Do not score five or more points for habitat functfon based on the 2014 2 <br />update to the Washington State Wetland Ratfng System for Western 3 <br />Washington: 2014 Update (Ecology Publicatfon No. 14-06-029, or as revised and 4 <br />approved by Ecology); 5 <br />(5) Do not contain a priority habitat or a priority area for a priority species 6 <br />identffied by the Washington Department of Fish and Wildlife, do not contain 7 <br />federally listed species or their critfcal habitat. 8 <br />b. Wetlands less than one thousand square feet that meet the above criteria and do 9 <br />not contain federally listed species or their critfcal habitat are exempt from the buffer 10 <br />provisions contained in this chapter. 11 <br />4. The following actfons may be required to provide a habitat assessment or biological 12 <br />assessment under EMC 19.37.190, Fish and wildlife habitat conservatfon areas. If the applicatfon 13 <br />of this chapter would prohibit or unreasonably restrict the ability to provide necessary utflitfes or 14 <br />infrastructure improvements, a development proposal by a public agency or a utflity to construct 15 <br />utflity facilitfes for the conveyance of water, sewage, storm drainage, electricity, natural gas, 16 <br />cable or telecommunicatfons, or the constructfon of streets and highways, the agency or utflity 17 <br />may request an exceptfon. Such a request shall be reviewed using the review process described 18 <br />in EMC Title 15, Local Project Review Procedures. The city may approve, or approve with 19 <br />modificatfons, such a request only when the following findings are made: 20 <br />a. The applicatfon of this chapter would prohibit or unreasonably restrict the ability to 21 <br />provide necessary utflitfes or infrastructure improvements or maintenance; 22 <br />b. There is no other reasonable alternatfve to the proposed development with less 23 <br />impact on the critfcal area; 24 <br />c. The proposal mitfgates impacts on the critfcal areas; 25 <br />d. The proposal does not pose an unreasonable threat to the public health, safety, or 26 <br />welfare on or off the development proposal site; and 27 <br />e. The proposal is consistent with other applicable regulatfons and standards. 28 <br />5. Docks. This sectfon does not apply to areas under jurisdictfon of the shoreline master 29 <br />program. 30 <br />a. Repair and maintenance of an existfng legally established dock are permitted; 31 <br />provided, that all of the following criteria are met: 32 <br />(1) There is no expansion in overwater coverage; 33 <br />(2) There is no increase in the size and number of pilings; 34 <br />(3) There is no use of toxic materials, such as creosote, CCA and other treated 35 <br />wood products; 36