Introduction
In King County, environmental regulations affect many project types, and land development is no exception. Critical Area Alteration Exceptions (CAEX) are required for residential King County properties that are entirely (or nearly entirely) encumbered with critical areas (e.g., wetlands, streams, steep slopes) and their buffers. This blog aims to shed light on the CAEX process and its submittal requirements, providing valuable insights for residential land owners and land developers.
Understanding Critical Area Alteration Exception (CAEX) Process
A Critical Area Alteration Exception (CAEX) is a process that evaluates proposals for land development in areas designated as environmentally sensitive or critical. These areas could include wetlands, aquatic areas, wildlife habitats, landslide hazard areas, erosion hazard areas, steep slopes, seismic areas, coal mine hazards, and critical aquifer recharge zones. The CAEX process is required for projects that cannot meet King County’s standard buffer modification provisions, like Buffer Averaging.
Pre-Application Conference: The First Step
Before submitting a CAAE application, a pre-application conference with the Department of Permitting and Environmental Review is mandatory. This conference provides an opportunity for the applicant to discuss the project and its potential impacts with the permitting staff. During the conference, applicants can seek clarifications on requirements, get advice, and understand the project’s feasibility.
Filing a CAAE Application: Key Submittal Requirements
To initiate the CAAE process, applicants must submit the following items in person at the Permitting Service Center:
- Application for Land Use Permit: One (1) copy of the completed application form.
- Legal Description: A typed legal description of the subject property on legal size 8-1/2″ X 14″ paper.
- Assessor’s Parcel Numbers: A list of parcel numbers for all parcels included in the CAEX request.
- Application for Critical Area Alteration Exception: Three (3) copies of the completed application form.
- Site Plan: Three (3) copies of a site plan drawn to a convenient engineer scale, including:
- Map scale and north arrow.
- Vicinity map showing project location in relation to surrounding areas.
- Property boundaries and their dimensions.
- Existing and proposed streets, public ways, easements, utility and railroad rights-of-way.
- Existing and proposed topography with 5-foot contours extended at least 100 feet beyond project boundaries.
- Major physical features within 500 feet of the subject property, such as railroads, lakes, and rivers.
- Identification of all critical areas, associated buffers, and relevant hazards.
Notice of Application: Inviting Public Input
Once the Permitting staff determines the application is complete, a Notice of Application is issued, initiating a public comment period. The notice is circulated to property owners within a 500-foot radius of the subject property, and in rural or lightly populated areas, it may be mailed to at least 20 different property owners. The application notice is also published in the official county newspaper and another newspaper of general circulation. Additionally, a notice board must be placed on the property, visible to passersby, throughout the permit process.
Method for Processing and Decision Making
The Director of Permitting appoints a staff representative responsible for making final decisions on CAEXs. The process generally takes 120 days, provided no appeals are filed or substantial additional information is required. Once reviewed, the representative issues a written decision based on the application’s written record. An appeal period is given for aggrieved individuals to contest the decision.
Combined Review with Other Permits
When a project requires multiple permits, the CAAE review may be combined with other permits, either administratively or through public hearings before the Hearing Examiner. This ensures efficiency and consistency in processing.
Conclusion
Critical Area Alteration Exceptions are required for properties that are almost or completely encumbered by critical areas and/or their buffers. By adhering to the CAEX process and meeting the approval criteria, developers can permit their project even in situations where wetlands, streams, or wildlife habitat encumber their property. Ecological consultants, environmental professionals, and land owners play a crucial role in preserving our local ecosystems while allowing for reasonable residential development.
If you have a property that qualifies for a Critical Areas Alteration Exception and are interested in development, give us a call and we can help you with the process. Our staff handle many CAEX applications per year and can help streamline the process for you. When planning a land development project in ecologically sensitive areas, consult with qualified environmental consultants to navigate the CAAE process successfully. Ensure your project aligns with the critical area development standards and minimizes environmental impacts, leaving a positive and lasting impact on the community and the natural world.
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