1. “Public services” include, but are not limited to, water supply, sewer and stormwater management facility; electric power, telecommunication and natural gas lines; and public road and multimodal transportation corridors (e.g., the Tommy Thompson Trail and Guemes Channel Trail).

2. Public services may be allowed to alter critical areas and buffers when:

a. Mitigation sequencing per AMC 19.70.125(A) has been applied;

b. The application of the critical areas regulations would unreasonably restrict the ability to provide public services;

c. There is no other practical alternative to the proposed development with less impact on the critical area;

d. The proposed development does not create a health or safety hazard on or off the development site, and must not be detrimental to the properties or improvements in the vicinity;

e. Where feasible, development is located on existing road grades, utility corridors, or previously disturbed areas;

f. Designs for crossings, boardwalks, bridges, and culverts are consistent with Washington Department of Fish and Wildlife and National Marine Fisheries Service best available science for the protection of fish and wildlife habitat. These structures shall not interfere with fish passage, the flow and circulation of water, or other wetland or riparian processes, and shall be located at a 90-degree angle, or as close as possible thereto, to the stream, wetland, or buffer. In streams with salmonid habitat, bridges, bottomless culverts, or other alternatives that will allow for fish passage are required. Bridge piers or abutments may not be placed within wetlands, streams, or stream banks unless there is no feasible alternative;

g. Construction of crossings will occur during work windows and time limits established by state and federal agencies with jurisdiction to decrease impacts to protected species;

h. Any alterations permitted to the critical area and buffer are mitigated in accordance with AMC 19.70.125, Mitigation requirements, and relevant mitigation standards for the impacted critical areas(s) type;

i. The proposal is consistent with the Anacortes comprehensive plan and other applicable regulations.

3. Conditions Authorized. Conditions may be established as necessary to mitigate impacts to critical areas and to conform to the standards required in this chapter.

4. It will be a condition of any alteration granted a public agency and services exception that only the portion of the alteration that must be located in a critical area may be so located.

1. Limited public park or public recreational access including trails, viewing platforms, fishing access (no wider than six feet), and foot bridges; provided, that all of the following are satisfied:

a. The area/facility is part of a public park that is dependent on its location for recreational function; and

b. The area/facility is limited to the minimum necessary to accomplish the recreational function; and

c. The removal of trees and native vegetation is minimized; and

d. The balance of the development is consistent with other requirements of this chapter; and

e. The project is identified in the Anacortes comprehensive plan or parks master plan.

2. Private pedestrian walkways and public trails must meet the following standards:

a. The trail is generally parallel to the perimeter of the critical area;

b. The trail is located in the outer 25 percent of the buffer area and is designed to avoid removal of trees and native vegetation;

c. The trail does not exceed six feet in width, and is limited to native soils or pervious surfaces. Raised boardwalks utilizing nontreated pilings may be acceptable; and

d. The trail may be subject to closure during critical spawning, migration or breeding time periods of sensitive species that are present.

3. Informational Signs. Construction and placement of informational signs or educational demonstration facilities no more than nine square feet surface area and four feet high, as long as there is no permanent infringement on hydrology or stream flow and nontreated wood is used.

4. Limited excavating and filling necessary for the repair and maintenance of piers, walkways, observation decks, wildlife management shelters, boathouses, and other similar water related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the critical area.

1. It is demonstrated that it is not feasible to avoid the critical area or buffer through avoidance or buffer averaging, or reconfiguration of lots in the same ownership at the date of adoption of this chapter, and the development is the minimum necessary to achieve reasonable use of the lot as determined by the decision-maker; and

2. Alteration of critical areas and their buffers including all clearing, grading, structures, and appurtenances, has not and will not exceed cumulatively 2,800 square feet of disturbance; and

3. This action does not allow critical areas or their buffers to be converted to lawn or residential landscaping beyond a minimal area needed to maintain an approved structure; and

4. Mitigation sequencing provided in this chapter under AMC 19.70.125 is applied and the proposal includes on-site mitigation to the extent feasible and off-site mitigation to the extent necessary, as determined by the critical area report.

5. Normal appurtenances included in this provision include garages, decks, and walkways incidental to residential living and that do not constitute a special privilege.