18.05.130 Critical areas review process.
All land use and building permits shall require that applicants disclose activities within 100 feet of a known or suspected critical area. The provisions of this chapter shall be applied to any such proposals with the following exception: where the known or suspected critical area is a fish and wildlife habitat conservation area and a plan or agreement for the habitat or species in question has been prepared and approved by the Washington Department of Fish and Wildlife and the City of Kettle Falls, the provisions of said plan or agreement shall take precedence over the provisions of this critical areas review process. If, based on the provisions of such a plan or agreement, the requirements of any part of the critical areas review process have been waived, all relevant land use/development applications and, where applicable, a State Environmental Policy Act (SEPA) checklist, shall be required. The review process shall proceed as follows:
A. Preapplication Meeting/Site Visit. Upon receiving a land use or development proposal, the administrator shall schedule a preapplication meeting and/or site visit with the proponent for purposes of a preliminary determination whether the proposal is likely to result in impacts to the functions and values of critical areas or pose health and safety hazards. At this meeting, the administrator shall discuss the requirements of this chapter and other applicable local regulations; provide critical areas maps and other available reference materials; outline the review and permitting processes; and work with the proponent to identify any potential concerns with regards to critical areas.
B. Agency Consultation. Because species populations and habitat systems are dynamic, agency consultation shall be required where activities are proposed within 100 feet of a designated fish and wildlife habitat conservation area. The administrator shall consult with Washington State Department of Fish and Wildlife and the U. S. Fish and Wildlife Service to determine the value of the site to federal or state identified endangered, threatened, sensitive, or candidate species; animal aggregations considered vulnerable by the Washington State Department of Fish and Wildlife; and those species of recreational, commercial, or tribal importance that are considered vulnerable by the Washington State Department of Fish and Wildlife. The administrator shall also consult with the Washington State Department of Fish and Wildlife to determine whether the proposed action may affect priority habitat.
C. Application and SEPA Checklist. For all nonexempt proposals, the proponent shall submit all relevant land use/development applications, together with a SEPA checklist.
D. Determination of Need for Critical Areas Report. Based upon the preapplication meeting, application materials, SEPA checklist, and, in the case of fish and wildlife habitat conservation areas, the outcome of the agency consultation, the administrator shall determine if there is cause to require a critical areas report. In addition, the administrator may use critical areas maps and reference materials, information and scientific opinions from appropriate agencies, or any reasonable evidence regarding the existence of critical area(s) on or adjacent to the site of the proposed activity. The determination of need for a critical areas report shall be an administrative decision.
E. Documentation and Notification. The administrator shall document the preapplication meeting and/or site visit, application and SEPA threshold determination, and any other steps or findings (including, in the case of fish and wildlife habitat conservation areas, the agency consultation) that inform the determination whether a critical areas report shall be required. The applicant shall receive notice of the determination and any findings which support it. (Ord. 1803, §1, 2022).