19.82.050 Part 77 obstruction removal | Anacortes Municipal Code

19.82.050 Part 77 obstruction removal.

The port and the city recognize that FAA regulations require that a certain airspace above and adjacent to the Anacortes Airport be kept free of obstructions. The lower edge of the approach and transitional surfaces is known as the “Part 77 surface.” Certain trees on the property intrude into the Part 77 surface. This chapter permits topping or removal of all trees that now or for the duration of this chapter protrude into the Part 77 surface subject to the mitigation requirements specified herein. Exhibit “C” depicts the trees that protrude into the Part 77 surface as of a 2003 survey. The port and the city recognize that additional trees may protrude into the Part 77 surface. This chapter shall be deemed the final land use, critical areas and related land disturbance permit/approval for the removal of all trees that now, or for the duration of this chapter, intrude into the Part 77 surface.

A. Tree Topping. The port and the city agree that, except for wetland and wetland buffers, there is no permit required to top trees to comply with Part 77 on the property. For the purposes of this chapter, topping is allowed to occur at a reasonable distance below the Part 77 surface to prevent short term growth of the tree that would intrude into the Part 77 surface.

B. Tree Removal Mitigation. The port and the city have agreed to a mitigation plan for tree removal. The property is divided into the following areas depicted on Figure 1, Exhibit “D” and subject to the landscape and wetland mitigation plan described in Exhibit “D.” Subject to reasonable approval by the city, the port may substitute different species of plants if the USDA determines that the selected species may attract birds to the Anacortes Airport. In addition, the port and the city may agree on different species of plants that would accomplish the purpose of mitigation. The mitigation described herein may not be eligible for FAA grant funding; however, the lack of grant funding shall not relieve the port of this obligation.

Designation	Description	Mitigation Required	Reference
Area 1	Non-wetland/non-wetland buffer clearing area inside operational safety fence.	Mitigation provided by creation of reserve areas. No additional mitigation required.	Exhibit “D: Figure 1”
Area 2	Wetland and wetland buffer inside operational safety fence and in the North End Aeronautical Area.	Replacement of plants per the landscape and wetland mitigation plan.	Exhibit “D: Figure 1”
Area 3	Non-wetland/non-wetland buffer areas inside the Panhandle Reserve and the Rockwell Reserve and a portion of the North End Aeronautical Area.	Replacement of plants per the landscape and wetland mitigation plan.	Exhibit “D: Figure 1”
Area 4	Wetland and wetland buffer inside Panhandle Reserve and Rockwell Reserve and Anacopper Reserve.	Replacement of plants per the landscape and wetland mitigation plan.	Exhibit “D: Figure 1”
Area 5	Non-wetland and non-wetland buffer inside Anacopper Road Area and a portion of the North End Aeronautical Area.	Screening plants in the location shown on Exhibit “B.”	Exhibit “B” and Exhibit “D: Figure 1”

C. Vested Permits and Rights. Subject to the requirements of this herein, this chapter shall be deemed the final land use, critical areas and related land disturbance permit/approval for the removal of all trees on the property penetrating the Part 77 surface during the term of this chapter. The topping or removal of trees as provided herein and subject to the terms of this chapter shall be an outright permitted and vested land use on the property.

D. Notification to City. Prior to commencement of any activity permitted by this chapter, the port shall notify the city planning director in writing of the date of the commencement of any such activity, provide a description and scope of the activity planned. (Ord. 2992 § 1 (Att. A), 2016; Ord. 2794 § 1 (Att. A), 2008; Ord. 2696 § 2, 2005)