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Certain activities and uses are exempt from some permit processes and shall instead be reviewed using the procedures below.

(1) Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this title.

(2) Only those developments that meet the precise terms of one or more of the listed exemptions may qualify for review under these provisions.

(3) If any part of a proposed development is not eligible for exemption, then a development permit is required for the entire proposed development project.

(4) The burden of proof that a development or use is exempt from the development permit process is on the applicant.

(5) When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this title, such development must also obtain a variance (Section 16.03.220).

(6) All activities exempt from the requirement for a substantial development permit shall use reasonable methods to avoid impacts to critical areas within shoreline jurisdiction. To be exempt from the requirement for a substantial development permit does not give permission to degrade a critical area or shoreline or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense, according to Section 16.06.230 (Reclamation).

(7) The proponent of an exempt activity shall submit a written request for permit exemption to the administrative official that describes the activity and states the exemption requested. The applicant shall submit to the administrative official a written description of the project that demonstrates compliance with applicable standards.

(8) The administrative official shall review the exemption request to verify that it complies with this title.

(9) The administrative official shall approve or deny the exemption.

(10) A formal letter of exemption shall be provided where an exempt activity is approved under this title. A copy of the exemption shall be kept on file by the administrative official. If an exemption cannot be granted, the administrative official shall notify the applicant in writing of the reason, at which time the applicant may pursue other permit processes under this title.

(11) Conditions may be attached to the approval of exempted developments and/or uses as necessary to assure continued consistency of the project with this title.

(12) Exempt activities are identified in the following locations. Such activities are stated as exempt from the substantial development permit or flood hazard permits. However, this provision does not exempt an activity from other permits or reviews that may be required under this title.

(A) Those activities listed in WAC 173-27-040, and summarized in Section 16.03.090 (Exemptions), are exempt from the substantial development permit requirements. (Ord. 2123, § 1 (Att.), 2021.)