§ 24.01.035. General requirements.

A.

Avoid Impacts. All uses and activities on sites containing critical areas and/or associated buffers or riparian or marine shoreline management zones shall be located, designed and constructed to avoid or, where that is not possible, minimize all adverse impacts to critical areas, associated buffers designed to protect the functions of critical areas, and management zones. The county shall not authorize impacts to critical areas or buffers unless the applicant demonstrates an inability to avoid impacts and that there will be no net loss of critical area functions as required in subsection (B). Impacts to critical areas and associated buffers that cannot be avoided shall be minimized by sensitive site design and appropriate precautions during the permitted activity and as specifically provided for in this title.

B.

No Net Loss of Critical Area Functions. Uses and activities carried out pursuant to this title shall result in equivalent or, if the applicant chooses, greater critical area functions. Impacts to critical areas, and associated buffers designed to protect the functions of critical areas, shall be repaired or mitigated through restoration, replacement, enhancement, or through purchase of credits at a mitigation bank consistent with the applicable provisions of this title.

C.

Monitoring. In addition to the specific monitoring requirements in this title, the approval authority may require that permitted uses and mitigation projects be reviewed at appropriate intervals as necessary to ensure that they are functioning consistent with the project approval and applicable provisions of this title. The approval authority may require remedial action as warranted to correct problems identified during monitoring to avoid degradation of critical areas and associated buffers designed to protect the functions of critical areas, and to ensure that any required mitigation is successful.

D.

Access to Enable Administration. Property owners shall grant access to the county, or designee, for the purpose of inspecting sites proposed for development and performing monitoring required pursuant to this title. County personnel shall present proper credentials and make a reasonable effort to contact the property owner before entering onto private property.

E.

Forestry. As required by state law, forestry and associated development subject to county approval under Chapter 17.25 TCC, Thurston County Forest Lands Conversion Ordinance, are subject to the provisions of this chapter. In the event that any provision of this chapter conflicts with state forest practices regulations, the County shall apply the more restrictive provision to uses subject to Chapter 17.25 TCC.

F.

Property Assessment Relief. The Thurston County Assessor shall consider the restrictions on property use imposed pursuant to this title, particularly on conservation areas and critical area tracts, when determining the fair market value of land.

G.

Construction Setbacks. Construction activity must occur outside of the critical area and associated buffer unless specifically authorized pursuant to this title. Structures or uses requiring a permit shall be set back a minimum of fifteen feet from wetland buffers, riparian habitat areas, marine buffers, important habitat buffers, priority species conservation areas, and landslide hazards area buffers unless the applicant demonstrates to the approval authority's satisfaction that the proposed construction activity will not encroach into the protected area. Structures and uses not requiring a building permit are required to observe the setbacks and other requirements of this title.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)