Title 17E Environmental Standards
Chapter 17E.070 Wetlands Protection
Notwithstanding the provisions of this chapter or any other laws to the contrary, the director may allow emergency activities if:
the director determines that an imminent threat to public health, safety, or the environment will occur if an emergency activity is not allowed; and
the threat to or loss of wetlands may occur before the normal and usual process can be followed or activities can be modified pursuant to the procedures normally required by this chapter.
The exemption for emergencies should not eliminate the need for later mitigation to offset the impacts of emergency activity. Once the immediate threat has been addressed, any adverse impacts on critical areas should be minimized and mitigated.
Any emergency activity allowed shall:
Incorporate to the greatest extent practicable the standards and criteria required for non-emergency activities;
be limited in duration to the time required to complete the authorized emergency activity, not to exceed ninety days without reapplication; and
require the restoration of any wetland altered as a result of the emergency activity within ninety days following the emergency repair, or during the growing season after the emergency repair. Procedures otherwise required by this chapter must be followed for restoration efforts required by the emergency repair in accordance with this chapter.
Date Passed: Monday, June 19, 2017
Effective Date: Sunday, July 30, 2017
ORD C35508 Section 6