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The following activities shall be exempt from the provisions of this chapter:

(1) All policies, regulations, and procedures of this chapter are null and have no effect on those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations and/or conducted in conformity with an approved habitat conservation plan;

(2) Existing and ongoing commercial and industrial activities as defined in this chapter;

(3) Existing and ongoing agricultural activities as defined in this chapter, including those activities legally conducted in wetland areas at the time of the adoption of this chapter; in order to establish this exemption, the administrator may require an applicant to provide documentation that the area in question has previously been used for agricultural production. Documentation may include one or more of the following:

(a) Evidence of the presence of agricultural activity within the boundary of the proposed development (dated photographs, dated video, topographic surveys);

(b) Old aerial photographs showing agricultural activity within the proposed development area;

(c) Old maps drawn by registered engineers/surveyors showing the presence of agricultural activity in the proposed development area;

(d) Evidence that established plants of cultivated (not native) agricultural plant species are present within the proposed development; or

(e) The presence of farm records and/or farm plans prepared by the local Conservation District or Agricultural Extension Service;

(4) Access, maintenance, operation or reconstruction of existing roads, streets, driveways, utility lines, and associated existing structures; provided, reconstruction does not exceed the footprint of the existing improved road right-of-way;

(5) Installation, construction, or replacement of utility lines in improved town of Cathlamet right-of-way;

(6) Installation, construction, or replacement of municipal wastewater treatment facilities;

(7) Normal maintenance, repair, operation, or reconstruction of existing structures, facilities or improved areas provided that reconstruction meets the guidelines for a "nonconforming structure" as defined;

(8) Maintenance of groundcover or other vegetative matter intentionally planted in a critical area that was disturbed prior to the effective date of the ordinance codified in this chapter;

(9) Site investigative work required by the town of Cathlamet, or any county, state or federal agency for preparing a land use application submitted such as surveys, soil logs, percolation tests and other related activities provided impacts in environmentally critical areas are minimized and disturbed areas are restored within one year after tests are concluded;

(10) Recreational uses such as sport fishing or hunting, scientific or educational reviews (or other activities which have minimal adverse impacts on critical areas);

(11) Intentionally created wetlands made from uplands (with the exception of wetlands established expressly for purposes of mitigation) or surface water systems including irrigation and drainage ditches, grass-lined swales and canals, farm ponds, and landscape or ornamental amenities;

(12) Emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance with this chapter when it is necessary to prevent an imminent threat to public health or safety, to public or private property or to prevent serious environmental degradation. Prior to engaging in an emergency action, the administrator shall provide written determination that an emergency action is required and the reasons underlying that determination in accordance with this section. In the event a person or agency determines that the need to take emergency action is so urgent that there is insufficient time for review by the department, such emergency action may be taken immediately.

The person or agency undertaking such action shall notify the administrator within two working days following commencement of the emergency activity. Following such notification the director shall make a written determination if the action taken was within the scope of the emergency actions taken in this subsection. The administrator may require after-the-fact mitigation for adverse impacts to wetlands. (Ord. 433 § 5, 2002)