(1) This section and Program apply only to critical areas, including critical saltwater and critical freshwater habitats, within shoreline jurisdiction. Critical areas outside of shoreline jurisdiction shall be regulated by Chapter 27.12 CCC and not this section or Program.

(2) This Program and this chapter apply to activities that are exempt from the requirement to obtain a shoreline permit per RCW 90.58.030(3)(e) and activities listed as exempt in CCC 27.12.035.

(3) Any land, water, or vegetation that meets the critical area designation criteria under this chapter shall be subject to the provisions of this Program. The location and extent of critical areas within shoreline jurisdiction shall be identified based upon physical evidence and other available information from credible sources and qualified professionals as outlines in this chapter. The location and extent of special flood hazard areas shall be based on mapping provided by the Federal Emergency Management Agency (FEMA).

(4) Clallam County shall make available to the public maps or other databases, as appropriate, which show the general location, extent, and classification of regulated critical areas. This information shall be advisory and used by the Administrator in determining the applicability of the standards of this section to a particular location or development site, except that the location and extent of special flood hazard areas shall be based on mapping provided by the Federal Emergency Management Agency (FEMA). When additional information is required as to the location or extent of a critical area that may be affected by a proposed shoreline use or development, the Administrator may require additional information or may hire a qualified professional to gather the pertinent information at the proponent’s expense.

(5) Temporary or Permanent Field Identification. Clallam County shall require temporary or permanent field markers delineating the critical area boundary and associated buffer prior to issuance of required permits for any development located within the jurisdiction of a regulated wetland, aquatic habitat conservation area, and landslide hazard area. The type of field markers to be used will be agreed to by the project proponent and the Administrator depending on site conditions and inspection requirements. Field markers shall be spaced at a minimum of every 50 feet, unless alternative placement or spacing is authorized by the Administrator. The location of field stakes must be shown on all site plans and final plats associated with the development proposal. Field stakes shall remain in place until any required final inspections are completed and approved. Field markers may be waived by the Administrator if an alternative to field staking achieves the same objective and is proposed and approved, or if the development/use activity is located at a sufficient distance so that impacts to the critical area or buffer are unlikely to occur.

(6) Construction Fencing. When construction is proposed adjacent to a critical area or buffer, the buffers shall be temporarily protected with a highly visible and durable protective barrier, such as orange construction fencing, during construction to prevent access and protect the critical area and buffer, except where access into or through the critical area or buffer is expressly allowed by this Program. This requirement may be waived by the Administrator if an alternative to fencing which achieves the same objective is proposed and approved.

(7) Signs. For major new development, the Administrator shall require that the common boundary between a regulated wetland, aquatic habitat conservation area, landslide hazard area or associated buffer be identified using permanent signs as approved by the Administrator. In lieu of signs, alternative methods of identification may be approved when such methods are determined by the Administrator to provide adequate protection to the critical area and buffer. The requirement for signs may be waived by the Administrator if the proposed development/use is located at a sufficient distance so that impacts to the critical area or buffer are unlikely to occur.

(8) Land Divisions. Land divisions in critical areas and/or buffers shall meet all of the following conditions and the policies and regulations in Article VIII of Chapter 35.15 CCC (Residential):