(a) A minimum buffer of fifty (50) feet shall be established from the top, toe and all edges of landslide hazard areas for major or minor new developments, except as otherwise allowed under this subsection. The buffer shall not be altered except by a general exemption, certificate of compliance, variance, or reasonable use exception approval, as authorized by this chapter; provided, that such alterations meet all other standards for the protection of aquatic habitat conservation areas.

(b) Buffers that are in their natural state should not be altered and should remain in their natural condition, and enhanced whenever possible.

(c) The buffer may be reduced to not less than twenty (20) feet by the Administrator upon the submittal of a geotechnical report as specified in Part Eight of this chapter; provided further, that vegetation removal, including mature trees, within the buffer area that is reduced is kept to a minimum.

(d) Any buffer reduction to less than twenty (20) feet, or developments proposed within the landslide hazard shall require a reasonable use exception approval pursuant to Part Seven of this chapter, and shall require a geotechnical report as required by Part Eight of this chapter.

(e) Hazard Tree Removal. Where a threat to human life or property is demonstrated, the Administrator may allow the falling of a danger or hazard tree subject to the following criteria: (i) tree removal is the minimum necessary to balance the protection of the critical area and its buffer with protection of life and property; and (ii) planting of a tree may be required to assure habitat protection.

(f) Pre-existing lots or land divisions regulated by CCC Title 29, Clallam County Land Division Code, for which geotechnical plans were previously prepared may be considered to have already complied with this section unless new information such as recent geologic activity warrants a new report to be required; provided, that any new storm water best management practices that were not previously included as a part of the geotechnical report shall be incorporated.

(g) The buffer may be increased by the review authority for development adjacent to a bluff or ravine which is severely unstable based on recent geological events.

(a) Reforest the land as prescribed by the Department of Natural Resources and/or provide stabilization and protection of the critical area in a manner approved by Clallam County in accordance with this chapter. Said reforestation shall be by planting and not by natural regeneration, unless the Department verifies that natural regeneration has already occurred to such an extent that planting is not necessary. Provide stabilization and protection of the affected critical area through drainage and erosion control measures; and

(b) Submit and have approved by the Administrator a conversion harvest plan. The approval of said plan may include conditions and improvement requirements to control erosion, protect or enhance the critical area or buffer, or other conditions which are intended to reduce impacts to the critical area.

(a) No lot or parcel shall be created in a landslide hazard area or its required buffer unless a geotechnical report (Part Eight of this chapter) of the property certifies that proposed building sites, including access and utilities will be stable under normal geologic or hydrologic conditions;

(b) Land divisions containing landslide hazard areas are prohibited unless each lot designated for development contains at least one building site (including access and utilities) that is not within a landslide area, and the lot complies with the minimum lot size allowed under CCC Title 33, Clallam County Zoning Code.

(c) The critical area and associated buffer shall be surveyed and shown on the final plat. A note shall be provided on the final plat that states that all subsequent development shall comply with critical area protection standards which were required as a part of the plat approval. The critical area and buffer shall be dedicated as open space tract, easement or covenant encumbering the critical area and buffer, for either the use and enjoyment by the general public, use and enjoyment by lot or parcel containing a portion or all of the critical or buffer, or the use of a homeowners’ association. Such dedication or easement shall be recorded together with the land division and shown on the final mylar.

(a) Expansion or new construction of any private or public road within a landslide hazard area or buffer shall only be allowed when there are no significant adverse impacts to the critical area that cannot be mitigated;

(b) Public road or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

(c) The road or street repair is the minimum necessary to provide safe roads and streets;

(d) Storm water and drainage impacts have been evaluated and have been determined to be consistent with this chapter;

(e) Deckings, abutments and piers shall not contain petroleum-based treatments or preservatives, including creosote, arsenic or copper; and

(f) Bridges shall be required for Type I streams which support salmonids unless a habitat management plan and mitigation plan is approved which demonstrates that other alternatives would not result in significant impacts to the aquatic habitat conservation areas.

(a) It shall also be shown that no other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible;

(b) Public road or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

(c) The road or street construction is the minimum necessary to provide safe roads and streets; and

(d) Storm water and drainage impacts have been evaluated and have been determined to be consistent with this chapter.

(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

(b) Trails, pedestrian bridges and related facilities within a critical area or buffer shall be planned and aligned to minimize removal of trees, shrubs, snags and important wildlife habitat and critical area functions such that the disturbed area, including that private trail surfaces for private use are a maximum of three (3) feet in width and other trails, either privately or publicly owned that allow public use (with or without fees), the trail surfaces shall be a maximum of ten (10) feet in width; except for regional public trails which shall be a maximum of fourteen (14) feet whereby design considerations are made to minimize impacts to critical areas and buffers;

(c) Viewing platforms, interpretive centers, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected critical area;

(d) Trails shall be limited to nonmotorized use;

(e) Trail surfacing shall be comprised of natural materials (e.g., gravel, rock, bark) and that permanent surfacing materials (e.g., bituminous asphalt or concrete) require a variance approval pursuant to Part Seven of this chapter; except for regional public trails may have up to ten (10) feet permanent surfacing materials. Any construction materials shall not significantly alter the existing drainage or negatively affect the critical area;

(f) Any proposals within a landslide hazard area may be required to submit a geotechnical report pursuant to Part Eight of this chapter;

(g) All proposals shall also submit a mitigation plan pursuant to Part Eight of this chapter.

(a) New utility transmission facilities which carry oil, gas or any other hazardous substances are prohibited within a regulated wetland and associated buffer.

(b) The following performance standards shall apply to any allowed private or public utility expansion or construction authorized under this chapter within a wetland or buffer:

(a) New development shall utilize best management practices to minimize storm water quantity and quality impacts to critical areas, both during and following construction.

(b) Surface drainage shall not be directed across the face of a landslide hazard area. If there is no alternative to discharge across a landslide hazard area, storm water runoff shall be collected above the face of the landslide hazard area and directed across the face of the hazard within a tight line drain and provided with an energy dissipating device at the outlet.

(c) Developments which handle, store, dispose, transport, or generate hazardous substances/wastes defined as “dangerous” or “extremely dangerous” wastes under Chapter 173-303 WAC (regardless of quantity) shall not allow direct precipitation or storm water runoff to contact such substances where stored on-site.

(d) Compliance with the Clallam County storm water regulations is required, as applicable.