a. Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property may be authorized by this exemption.

b. The alteration undertaken must be reported to the Director no later than 30 days after the alteration has occurred. Once notified, the Director must confirm that an emergency existed and determine what, if any, additional applications and/or measures are required of the property owner to protect the critical area(s) consistent with the provisions of this chapter, and to repair any damage to a pre-existing resource.

c. After the emergency, the person or agency undertaking the action must fully fund and conduct necessary site evaluations and critical area reports, mitigation plans, and restoration for any impacts to the critical area and buffers resulting from the emergency action. The person or agency undertaking the action must meet the review procedures contained herein. Mitigation activities must be initiated within one year of the date of the emergency or as directed by the Department.

d. If the Director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, or any required mitigation, the Director may take action to enforce this chapter consistent with AMC Titles 19 and 20.

a. Native growth protection areas, mitigation sites, or other areas protected via permit conditions, conservation easements or similar restrictive covenants (as defined in AMC 19.70.135) are not covered by this exemption.

b. If an activity has ceased for one year or more any future use of such land, building or structure must thereafter be in conformity with this chapter and the zone in which it is located.

a. Normal and routine maintenance or repair of existing utility structures or rights-of-way; when the activity does not involve the expansion of facilities or improvements into a previously unimproved portion of critical areas or required buffers;

b. Replacement, operation, repair, modification, installation or construction in an improved city road right-of-way or city-authorized private roadway of all electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; to include relocation only when required by the city of Anacortes, which approves the new location of the facilities;

c. Relocation of public sewer or stormwater local collection, public water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances, only when required by the city of Anacortes, which approves the new location of the facilities;

d. Replacement, operation, repair, modification, relocation, installation or construction of public sewer or stormwater local collection, public water local distribution, natural gas, cable communication, or telephone facilities, lines, pipes, mains, equipment or appurtenances when such facilities are located within an improved public right-of-way or city-authorized private roadway;

e. Repair and maintenance of existing private connections to public utilities and private stormwater management facilities;

f. Regular maintenance of stormwater facilities that are within a segment of a regulated stream, such as conveyance ditches/swales within the right-of-way or within public drainage easements.

a. The activity does not involve the expansion of facilities and disturbance to adjacent areas is minimized and disturbed areas must be immediately restored;

b. Work is conducted using best management practices;

c. Flow and circulation patterns and biological characteristics are not impaired and adverse impacts are minimized;

d. Where trail relocation is the least impactful method of repair, trail relocation further away from the critical area is not to be considered a new trail but is included in the exemption for operation, maintenance, repair, or replacement.

1. Removal of noxious weeds or invasive vegetation, as identified by the Washington State or Skagit County Noxious Weed Control Board, in a wetland buffer, stream buffer, other fish and wildlife habitat conservation areas and buffers, is allowed when:

a. Undertaken with hand labor, including handheld mechanical tools, and integrated pest management;

b. Plants that appear on the Washington State or Skagit County Noxious Weed Control Board lists must be handled and disposed of in accordance with the best management practices appropriate to that species and approved by the city when permit review is applicable;

c. Areas cleared by removal of noxious and/or invasive plant species must be revegetated with site-appropriate native species at natural densities and the site must be stabilized against erosion in accordance with the stormwater manual adopted by the city;

d. All work performed is above the ordinary high water mark and above the top of a stream bank; and

e. The following limits may not be exceeded: Within city-owned property, no more than 3,000 square feet of soil may be exposed at any one time; and within private property, not more than 500 square feet of area may be cleared, as calculated cumulatively, over one year, without a permit and critical area report prepared by a qualified professional.

2. Vegetation management consistent with a previously approved critical area mitigation, restoration, remediation, or enhancement plan that requires ongoing maintenance and vegetation management beyond final inspection and the required monitoring period for the permitted project.

3. Hazard Trees.

a. The felling of hazard trees may be permitted when necessary to:

i. Control fire; or

ii. Halt the spread of disease or damaging insects consistent with Chapter 76.09 RCW;

iii. Avoid a threat to existing structures, above-ground utility lines or other facilities; or

iv. Remove an actual threat to life or property from slope instability that would be caused by toppling.

b. Unless there is an emergency pursuant to emergency exemptions above, the landowner must first obtain prior written approval from the Department. A tree risk assessment prepared by an ISA certified arborist must be submitted by the applicant to the Department that includes the following information:

i. Identification of the tree(s) proposed to be removed;

ii. A conclusion that the condition constitutes an actual threat to life or property;

iii. An assessment of whether a portion of the tree suitable for a snag for wildlife habitat may be safely retained;

iv. If a tree to be removed provides priority habitat, such as an eagle perch or occupied nest, a description of timing and methods of removal that will minimize and mitigate impacts;

v. If a tree to be removed is located within a landslide hazard area or buffer, an evaluation of potential impacts on slope stability must be completed by a qualified professional, including recommendations for replanting and other measures to avoid adverse impacts to slope stability.

c. All work must be done using handheld implements only, unless the property owner requests and the Director approves otherwise in writing.

d. Any removed tree or vegetation must be replaced in-kind, with similar or appropriate native species, within one year in accordance with an approved restoration plan including species, size, and maintenance plan.