Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.040 Spokane Geologically Hazardous Areas

Section 17E.040.070 Exemptions

1. When the director determines that the criteria in this section A are met, those activities are exempt from the provisions of this chapter, except SMC 17E.040.020, SMC 17E.040.030, SMC 17E.040.040 and SMC 17E.040.140.

1. 1. Existing and ongoing agricultural activities are exempt from this chapter. These activities cease to be existing upon the occurrence of either of the following:

1. 1. 1. The area has been converted to a nonagricultural use; or

1. 1. 2. The area has lain idle more than five years and so long as modifications to the hydrological regime are necessary to resume agricultural activities, unless the idle land is registered in a federal or state soils conservation program.

1. 2. Operation, maintenance or repair of public rights-of-way, legally existing roads, structures or facilities and associated right-of-way used in the service of the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, sanitary sewer, stormwater treatment and other public utility services are exempt from this chapter. Installation of such structures or facilities in public rights-of-way, dedicated public easements or legally existing roads upon demonstration to the director that there are no practicable and reasonable use alternatives. Operation, maintenance, or repair activities that do not require construction permits, if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance or repair. Operation and vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure or utilities, provided that such management actions are part of a regular ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact endangered species. These ongoing activities are not subject to new or additional mitigation when they do not expand further into the critical area, are not the result of an expansion of the structure or utility, or do not directly impact endangered species. Whenever possible, maintenance activities will be confined to late summer and fall.

1. 3. Work directly related to ending a condition that (a) is an immediate threat to the public health, safety and welfare, or creates an immediate risk of damage to public or private property and (b) requires remedial or preventive action in a timeframe too short to allow compliance with the application provisions of this chapter is exempt from those provisions, provided that the work is the minimum work necessary to end the condition and the work is consistent with the development standards of this chapter to the extent practicable. Once the director determines that the condition no longer meets these criteria, all work is subject to the provisions of this chapter, including but not limited to its application requirements, its development standards and any requirements for technical reports and reviews for work that was exempt at the time it was performed.

1. 4. Reconstruction, remodeling or maintenance of existing structures is exempt from this chapter, provided that the new construction or related activity does not further intrude into the critical area and associated buffers.

1. 5. Other activities such as passive recreation, scientific research, conservation practices, harvesting of wild crops, noxious weed control and pedestrian/bike trails.

2. All exempt activities shall be undertaken using best management practices; the applicant shall maintain records documenting compliance with this section.

3. The director may determine, upon submission of specific data, maps and documentation including a threshold geotechnical evaluation based on field investigation by a qualified geotechnical engineer or technician, that the function or value of the critical area within or adjacent to the project area is unlikely to be degraded according to best available science and issue a “common sense” waiver from the requirement of a full geohazard evaluation and geohazard mitigation plan, provided no construction activity, clearing or grading has taken place. A summary of the analysis and findings shall be included in any staff report or decision on the underlying permit.

Date Passed: Monday, December 3, 2007

Effective Date: Sunday, January 6, 2008

ORD C34149 Section 8