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Ordinance 4175-26
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Ordinance 4175-26
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5/11/2026 1:13:14 PM
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5/11/2026 1:10:37 PM
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Ordinances
Ordinance Number
4175-26
Date
4/15/2026
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Exhibit B <br />ORDINANCE Exhibit A - Page 6 of 55 <br />f. A habitat assessment is completed if within an F stream buffer; <br />g. A fence and critical area sign are provided to protect the newly established buffer <br />area; and <br />h. Only one exception per site or property is allowed. <br />3. Wetland Exception. The following wetlands may be excepted from compliance with the <br />wetland preservation and protection goals in this chapter. Mitigation must be provided for any <br />approved impacts per EMC 19.37.120. <br />a. All isolated category IV wetlands less than four thousand square feet that meet all of <br />the following criteria: <br />(1) Are not associated with riparian areas or their buffers; <br />(2) Are not associated with shorelines of the state or their associated buffers; <br />(3) Are not part of a wetland mosaic; <br />(4) Do not score five or more points for habitat function based on the 2014 <br />update to the Washington State Wetland Rating System for Western <br />Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and <br />approved by Ecology); <br />(5) Do not contain a priority habitat or a priority area for a priority species <br />identified by the Washington Department of Fish and Wildlife, do not contain <br />federally listed species or their critical habitat. <br />b. Wetlands less than one thousand square feet that meet the above criteria and do <br />not contain federally listed species or their critical habitat are exempt from the buffer <br />provisions contained in this chapter. <br />4. The following actions may be required to provide a habitat assessment or biological <br />assessment under EMC 19.37.190, Fish and wildlife habitat conservation areas. If the application <br />of this chapter would prohibit or unreasonably restrict the ability to provide necessary utilities <br />or infrastructure improvements, a development proposal by a public agency or a utility to <br />construct utility facilities for the conveyance of water, sewage, storm drainage, electricity, <br />natural gas, cable or telecommunications, or the construction of streets and highways, the <br />agency or utility may request an exception. Such a request shall be reviewed using the review <br />process described in EMC Title 15, Local Project Review Procedures. The city may approve, or <br />approve with modifications, such a request only when the following findings are made: <br />a. The application of this chapter would prohibit or unreasonably restrict the ability to <br />provide necessary utilities or infrastructure improvements or maintenance; <br />b. There is no other reasonable alternative to the proposed development with less <br />impact on the critical area;
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