A. Emergency actions necessary to prevent an immediate threat to public health, safety or welfare, or that pose an immediate risk of damage to private or public property, and that require action in a timeframe too short to allow for normal processing of the requirements of this chapter.

After the emergency action is taken, the director shall be notified of these actions within 48 hours. The director may require the person or agency relying on this exemption to then restore and/or mitigate for any impacts to critical areas and/or buffers in accordance with an approved critical areas study and/or mitigation plan.

B. All existing developed areas located within critical areas or their associated buffers have a legal nonconforming status as to use and setback requirements.

C. Existing structures, facilities, landscaping or other improvements that because of their existing location do not meet the setback requirements of this chapter may be remodeled, reconstructed or replaced, or maintained or repaired, providing that any such activity does not further intrude or encroach into a critical area or buffer, or adversely affect critical area functions. In the event that a structure or facility is to be reconstructed or replaced due to catastrophic loss (such as a fire, earthquake, or other major event), the property owner shall submit an application and related plans for reconstruction or replacement within two years from the date of the loss. The applicant shall then have one additional year to complete the reconstruction or replacement. In no case shall this exemption be valid for a period longer than three years. Failure to meet these deadlines shall invalidate this exemption, and any future construction activity on that site shall be required to comply with current regulations. Maintenance and repair does not include any modification that increases the amount of impervious surface, and does not include construction of an additional access road. Nothing herein releases the site from compliance with the provisions of Chapter 10.08 LMC or all of LMC Title 21. This title and chapter may impose additional restrictions and limitations on the ability to rebuild or repair the nonconforming use, structure or site plan. They also require maintaining the property and structure in an acceptable condition before reconstruction or repairs are completed.

D. Normal and routine maintenance of existing drainage ditches that do not meet the criteria for being considered a fish and wildlife priority habitat area, drainage retention/detention facilities, or ornamental landscape ponds; provided, that none of these are part of a critical area mitigation plan required by this chapter.

E. Relocation of electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less, and relocation of natural gas, cable communications, telephone facilities, and water, sewer or storm lines, pipes, mains, equipment or appurtenances, only when required and approved by the city, and subject to the following:

F. Installation, construction, replacement, repair, operation or alteration of electric facilities, lines, equipment or appurtenances (not including substations) with an associated voltage of 55,000 volts or less in publicly owned right-of-way (which may be within or adjacent to a critical area or its buffer), subject to full review and approval of the director, including any mitigation and restoration requirements established by the director.

G. Installation, construction, replacement, repair, operation or alteration of natural gas, cable and telecommunication facilities, water, sewer or storm lines, pipes, mains, equipment or appurtenances in publicly owned right-of-way (which may be within or adjacent to a critical area or its buffer), subject to full review and approval of the director, including any mitigation and restoration requirements established by the director.

H. Repair or overlay of improved public road and trail surfaces, which may be within or adjacent to a critical area or its buffer, so long as it does not further encroach into the critical area or its buffer.

I. Minor site investigation work necessary for land use submittals, such as surveys, delineations, soil logs, percolation tests, and other related activities where such activities do not require construction of new access roads or significant amounts of excavation or vegetation removal. In every case, impacts to critical areas and buffers shall be minimized and disturbed areas shall be immediately restored.

J. Removal of the following nonnative vegetation with hand labor from critical areas and buffers; provided, that appropriate erosion-control measures are used, and the area is revegetated with native vegetation. This exemption does not apply to mechanical removal.

K. Isolated Category III and IV wetlands under 2,500 square feet which have majority cover by invasive species, are not part of a wetland mosaic, do not contain areas protected as fish and wildlife priority habitat under this chapter, and have been determined by a qualified professional to be of low function, may be exempted from the requirements of this chapter, provided that action is taken to mitigate for the lost functions. Adequate and appropriate mitigation measures shall be submitted by the applicant, prepared by a qualified professional, subject to the approval of the director, and may include, but are not limited to, stormwater quality and quantity treatment, and/or native landscaping enhancements. Please note that state and federal permits may still apply. (Ord. 3283 § 2, 2018; Ord. 3193 § 2, 2016)