23.60A.190

A. Planting, disturbing or removing vegetation and adding, altering or removing impervious surface shall comply with the provisions of this Chapter 23.60A , including Sections 23.60A.156 , 23.60A.158 , and 23.60A.172 , unless provided otherwise in this Section 23.60A.190 . B. Application and plans 1. An application and a plan are required for all actions allowed under this Section 23.60A.190 , unless specifically provided otherwise in this Section 23.60A.190 . 2. Applications shall be made on the form approved by the Director. 3. Plans prepared under this Section 23.60A.190 shall be consistent with the standards promulgated by the Director and with best management practices. 4. Plans prepared under this Section 23.60A.190 shall be prepared by a qualified professional with training and experience related to the type of ecological environment where the work will occur. 5. Plans shall identify: a. The location and size of all disturbance areas; b. The type and area of the existing ground surface coverage; c. The size, species, and location of existing trees; d. The type and area of final proposed ground surface coverage; and e. The species and location of proposed trees. 6. Plans shall display the vegetation areas and improvements that are provided as mitigation for project impacts. C. Shoreline District waterward of the OHW mark. Waterward of the OHW mark vegetation management is allowed or prohibited as provided in subsections 23.60A.190.C.1 and 23.60A.190.C.2 and requires mitigation as provided in subsection 23.60A.190.C.3. 1. Removing or disturbing aquatic vegetation, except for aquatic noxious weeds, is prohibited except as necessary for development, uses or shoreline modifications approved under this Chapter 23.60A and authorized by the Director. 2. Aquatic noxious weed removal a. Removing or controlling aquatic noxious weeds is allowed, allowed as a special use, allowed as a shoreline conditional use, or prohibited as provided in Section 23.60A.172 and this Section 23.60A.190 . b. In removing aquatic noxious weeds the following techniques are required to be used in the sequence listed below, unless the applicant demonstrates that the priority is inapplicable or not feasible or that a different sequence or technique will be more effective in reducing impacts on ecological functions; all other techniques are prohibited: 1) Hand-pulling or mechanical harvesting and cutting; 2) Placement of bottom barriers. Bottom barriers are required to be made of biodegradable material and shall not cover an area greater than 1,000 square feet; 3) Rotovating, weed rolling, or other methods that disturbs bottom sediments or the benthos; 4) Use of herbicides or other chemical treatment methods applicable to the control of aquatic noxious weeds that are approved by Ecology and the federal Environmental Protection Agency. 3. In applying mitigation sequencing pursuant to Section 23.60A.158 , adverse impacts on ecological functions to be addressed include, but are not limited to: disturbance of underwater substrate; turbidity; loss or disturbance of food, shelter, spawning, and migration habitat; and loss or disturbance of fish runs, biological communities and biodiversity, particularly benthic productivity. D. Shoreline District landward of the OHW mark. Vegetation and impervious surface management activities are prohibited within the portion of the Shoreline District that is landward of the OHW mark, both within and outside the shoreline setback, except as follows or as otherwise provided in this Section 23.60A.190 : 1. Normal and routine pruning and maintenance that promotes the health and vigor of trees and shrubs and maintenance of existing impervious surface is allowed as set out in this subsection 23.60A.190.D.1 without submitting an application and without complying with Section 23.60A.158 unless a violation has occurred: a. Up to 750 square feet of trees and vegetative cover lawfully maintained prior to May 9, 2006; b. Lawns paths and landscaping lawfully maintained prior to May 9, 2006, that were not in an environmentally critical area or buffer prior to May 9, 2006, but are in an environmentally critical area or buffer as a result of the passage of Ordinance 122050 enacting regulations for environmentally critical areas; c. Steep slope areas created through previous legal grading activities, including rockeries or retaining walls resulting from right-of-way improvements, if no adverse impact on the steep slope or shoreline area will result; d. Trees and vegetation specifically approved by permit prior to May 9, 2006, if the conditions of that permit are complied with; e. Vegetation and tree planting and removal approved by the Director under subsections 25.09.320.A.3.b and 25.09.320.A.3.c before June 15, 2015; and f. Vegetation and tree planting and removal shown on a plan filed with the Seattle Department of Construction and Inspections in compliance with subsection 25.09.320.A.3.b before June 15, 2015. 2. Actions taken under subsections 23.60A.190.D.1.d, 23.60A.190.D.1.e, and 23.60A.190.D.1.f are required to comply with the conditions on such permit or plans. 3. Removing trees is allowed if the Director determines the tree is a threat to health or safety based on a report prepared by a qualified professional with a Tree Risk Assessor certification as established by the Pacific Northwest Chapter of the International Society of Arboriculture (ISA) or equivalent experience and training and the removal is performed by or under the direction of a qualified professional. If a tree is removed from designated shorelines of statewide significance as defined by RCW 90.58.030, a shoreline conditional use permit is required. 4. Permits authorizing development, shoreline modifications and uses may authorize disturbance areas and land clearing using mitigation sequencing set forth in Section 23.60A.158 and complying with the following standards: a. Any surface disturbed or cleared of vegetation and not to be used for development shall be planted with native vegetation, except that pre-disturbance landscaped areas containing non-native vegetation located farther than 100 feet from the OHW may be re-landscaped using non-native, noninvasive vegetation; b. Mitigation required for subsection 23.60A.158.B.1.e (Step E) shall include a plan with the vegetation areas and improvements required for project impacts; and c. Mitigation required for subsection 23.60A.158.B.1.e (Step E) for the removal of trees shall include compensation for any loss of the contribution of woody debris into the adjacent aquatic environment. E. Impervious surface management activities. Impervious surface management activities that are allowed, or allowed as a special use or a shoreline conditional use under Sections 23.60A.167 or 23.60A.172 , or the applicable shoreline environment on the part of the site where the impervious surface management activities are proposed to located are allowed landward of the OHW mark as follows and are otherwise prohibited, except as provided in subsection 23.60A.190.D: 1. If no vegetation is removed, the amount of impervious surface is not increased, and no surface that is permeable by water at the time of the application is covered with an impervious surface so that impervious surface will be closer to the OHW mark, no mitigation is required for these impervious surface management activities except to address impacts from runoff; or 2. If vegetation is removed or impervious surface is increased, or impervious surface is placed closer to the OHW mark and that action impacts ecological functions, those impacts shall be mitigated as set out in Section 23.60A.158 and subsection 23.60A.190.H. F. Shoreline Setback. Within the shoreline setback established for each environment, any land disturbing activity, and any action detrimental to aquatic or wildlife habitat, vegetation or trees is prohibited, except as provided in subsections 23.60A.190.D and 23.60A.190.E, or as necessary to carry out work authorized by the Director in the shoreline setback for the applicable environment or in Section 23.60A.124 , or as follows: 1. Replacing any vegetation or ground surface coverage by planting native vegetation in an area of 300 square feet or less per year is allowed without submitting an application only if: a. No new impervious surface is created; b. Land disturbance is minimized and kept within the planting area; c. No native trees are removed; and d. No nonnative trees over 6 inches DBH are removed. 2. Restoring or improving vegetation and trees using native vegetation in areas of any size is allowed if the work is performed by or under the direction of a qualified professional with training and professional experience related to the type of ecological environment where the work will occur; and a. No new impervious surface is created; b. Land disturbance is minimized and kept within the planting area; c. No native trees are removed; d. No nonnative trees over 6 inches DBH are removed; and e. The project promotes maintenance or creation of a naturally functioning condition that prevents erosion, protects water quality, or provides diverse habitat. G. Outside the shoreline setback. Within the Shoreline District but outside of the shoreline setback area, removing or altering vegetation is prohibited, except as provided in subsection 23.60A.190.D or as follows: 1. Replacing any vegetation or ground surface coverage by planting native vegetation in an area of 750 square feet or less per year is allowed without submitting an application only if: a. No new impervious surface is created; b. Land disturbance is minimized and kept within the planting area; c. No native trees are removed; and d. No non-native trees over 6 inches DBH are removed. 2. Restoring or improving vegetation and trees in areas of any size is allowed if the work is performed by or under the direction of a qualified professional with training and professional experience related to the type of ecological environment and only if: a. No new impervious surface is created; b. Land disturbance is minimized and kept within the planting area; c. No native trees are removed; d. No non-native trees over 6 inches DBH are removed; and e. The project promotes maintenance or creation of a naturally functioning condition using native vegetation that prevents erosion, protects water quality, and provides diverse habitat. H. Mitigation for vegetation alteration and increase in impervious surface. If vegetation is lawfully altered or removed other than as allowed in subsections 23.60A.190.D.1, 23.60A.190.E.1, and 23.60A.190.F.1 or if there is an increase in impervious surface that is required for work authorized pursuant to this Chapter 23.60A , adverse impacts to ecological functions shall be addressed as follows: 1. Mitigation sequencing shall be applied pursuant to Section 23.60A.158 . Mitigation must achieve the equivalent ecological functions as the conditions existing in the Shoreline District immediately prior to the work. 2. In applying mitigation sequencing pursuant to Section 23.60A.158 , adverse impacts on ecological functions to be addressed include, but are not limited to: a. loss of shading to nearshore aquatic habitat; b. loss of organic inputs critical for aquatic life; c. loss of habitat for insects and other terrestrial species; d. loss of woody debris inputs to the aquatic system; e. loss of soil stabilization functions; and f. loss of stormwater filtering, detention, and infiltration. 3. In applying mitigation sequencing the following actions are required to offset impacts of vegetation and impervious surface management, unless the applicant demonstrates the action is inapplicable, infeasible, or a different approach will be more effective in mitigating impacts. a. Location of plantings. Plantings provided for mitigation purposes shall be sited as close to the OHW mark as possible on waterfront lots and adjacent to other vegetation on both waterfront and upland lots. b. Replacement of vegetation. If vegetation and impervious surface management results in a reduction of trees, shrubs, or groundcovers, or a change from mature vegetation to new vegetation, the plantings that provide mitigation shall at the time they are installed replicate the pre-disturbance level of ecological function provided by the vegetation that is replaced. c. Plant selection. Mitigation plantings shall be native species suited to specific site conditions. d. Pervious surfaces. If vegetation and impervious surface management results in a loss of pervious surfaces, mitigation shall create new pervious surfaces or replicate the functions of pervious surfaces according to the standards in Volume 3 of the Stormwater Manual DR 17-2009. e. Vegetation and impervious surface management actions requiring soil disturbance shall use appropriate best management practices to prevent sediment runoff into the shoreline area. f. Maintenance is required to ensure 80 percent survival of the new vegetation planted at the end of five years. I. Vegetation monitoring is required for vegetation planted within the Shoreline District that requires submittal of an application under this Section 23.60A.190 and for projects that required a shoreline substantial development permit or a building permit. If vegetation monitoring is required, a monitoring plan shall be submitted to the Department for approval, and the plan shall include: 1. Five years of monitoring that ensures 80 percent survival of the new vegetation planted at the end of five years; 2. Annual inspections of the plants; 3. Replacement of failed plants; 4. Removal of exotic invasive species that may have become established; and 5. Photographic documentation of planting success. J. Application of pesticides, herbicides, and fertilizers in the Shoreline District 1. Application of pesticides and herbicides is prohibited within the Shoreline District, except as provided in subsection 23.60A.190.J.2. The Director shall adopt a rule identifying best management practices including identifying pesticides, herbicides, and fertilizers that are prohibited due to impacts on ecological functions, using appropriate scientific and technical information as described in WAC 173-26-201(2)(a). 2. Application of pesticides and herbicides is prohibited in and over wetlands, riparian watercourses, and other water bodies and within 200 feet of wetlands, riparian watercourses, and other water bodies and waterward of the OHW mark of riparian watercourses and other water bodies, except as provided in subsection 23.60A.190.C.2.b.4 or as allowed by the Director for the following circumstances and if the allowed pesticide or herbicide application is done by a licensed applicator: a. The state or local Health Department recommends or directs their use to address a threat to public health; b. A county, state, or federal agency with jurisdiction directs their use for control of a state listed noxious weed or plant pests covered by the Washington State Department of Agriculture plant pest program, and non-chemical alternatives have been evaluated; c. If the Director determines the applicant has demonstrated that the use of pesticides will have no adverse impact to fish and wildlife. Such a determination may be in the form of concurring that the applicant has developed best management practices or an integrated pest management plan consistent with standards developed by the Director; d. If the Director has determined that use of a pesticide to control invasive plants would have less overall adverse environmental impact than other control strategies; or e. If the Director determines there is a serious threat to public safety, health, or the environment. 3. Application of synthetic fertilizers is prohibited within the Shoreline District. Application of organic fertilizers shall follow best management practices for use of fertilizers within 200 feet of water bodies, including limiting the use of fertilizers, hand mixing the fertilizer with ingredients that do not dissolve quickly, and using composted dry grass clippings, leaves, and saw dust as fertilizer. (Ord. 124919 , § 151, 2015; Ord. 124750 , § 16, 2015; Ord. 124105 , § 3, 2013.)