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Exhibit B <br />ORDINANCE Exhibit A - Page 3 of 55 <br />D. Fish and wildlife habitat conservation areas, including streams/riparian areas, lakes, marine waters, <br />habitats of primary association, continuous vegetative corridors linking watersheds, and significant <br />biological areas as defined in this title; <br />E. Ground water discharge areas, such as springs and seeps. <br />19.37.050 EXEMPTIONS—EXCEPTIONS—MODIFICATIONS. <br />Certain activities are exempt from the requirements of this chapter, while other activities which are <br />regulated by this chapter may be granted specific exceptions or an administrative modification. This <br />section lists the activities which are exempt from the regulations of this chapter, the exceptions which <br />may be granted to the requirements of this chapter, and the administrative modifications which can be <br />granted to the requirements of this chapter. <br />All activities or developments which are exempted, excepted, or granted modifications shall use <br />reasonable methods to avoid and minimize potential impacts to critical areas, including use of any <br />applicable best management practices. Such activities or developments which are exempted, excepted, <br />or granted modifications shall not be exempt from other laws or permit requirements which may be <br />applicable. <br />A. Exemptions. The following are exemptions to the provisions of this chapter; however, the <br />exemptions listed in this section may not be exempted from other state or federal regulations or permit <br />requirements. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome <br />of the exempted activity shall be restored, rehabilitated, or replaced at the expense of the property <br />owner. <br />1. Exempted Actions. <br />a. Emergencies that threaten the public health, safety and welfare, as verified by the <br />city. Emergency actions that create an impact to a critical area or its buffer shall use <br />reasonable methods to address the emergency; in addition, they must have the least <br />possible impact to the critical area and/or its buffer. <br />b. Existing and ongoing agricultural activity occurring prior to and since January 3, <br />1990; provided, however, at such time as the property ceases to be used for agricultural <br />activities and a development activity is proposed, the property shall be brought into <br />compliance with the provisions of this chapter; and further provided, that existing <br />ditches and drain tiles are not expanded in a manner that will drain wetlands in <br />existence as of the date this chapter becomes effective. This exemption does not apply <br />to filling or alteration of wetlands not in agricultural use as of January 3, 1990. The city <br />encourages the use of best management practices or farm conservation plans to reduce <br />impacts of agricultural practices on critical areas. <br />c. Normal and routine maintenance of legally constructed irrigation and drainage <br />ditches; provided, that this exemption shall not apply to any ditches used by salmonids. <br />d. Normal and routine maintenance of agricultural ponds, livestock watering ponds and <br />fish ponds; provided, that such activities shall not involve the conversion of any wetland <br />or stream not used for such purposes prior to and since January 3, 1990.