18A.50.080 Allowable activities within the Regulatory Floodplain.
A. Activities that do not meet the definition of “development” are allowed in the Regulatory Floodplain without the need for a floodplain development agreement under this title, provided all other federal, state and local requirements are met. Activities include, but are not limited to, the following:
1. Routine maintenance of landscaping that does not involve grading, excavation or filling.
2. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation.
3. Normal maintenance of structures, such as re-roofing and replacing siding; provided, that such work does not qualify as a substantial improvement.
4. Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines.
5. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not expansion of paved areas.
6. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility.
7. Plowing and other normal farm practices (other than structures or filling) on farms in existence as of the effective date of the ordinance codified in this title.
B. The following activities are allowed in the Regulatory Floodplain without the analysis required in LMC 18A.50.070(B)(6)(a)(v) or the habitat impact assessment required under LMC 14.154.050(B), providing all other provisions of this title are met, including obtaining a floodplain development agreement:
1. Repairs or remodeling of an existing structure; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.
2. Expansion of an existing structure that is no greater than ten (10) percent beyond its existing footprint; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of the ordinance codified in this title or September 22, 2011, whichever is earlier. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.
3. Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include structures, grading, fill or impervious surfaces.
4. Development of open space and recreational facilities, such as parks, trails and hunting grounds, that do not include structures, grading, fill, impervious surfaces or removal of more than five (5) percent of the native vegetation on that portion of the property in the Regulatory Floodplain. [Ord. 726 § 2 (Exh. B), 2019.]