Land Alteration and Drainage Ordinance

Informational Handout

Attached are some comments relative to the Pacific County, Flood Control Zone District No.1, Land Alteration and Drainage Ordinance No.1. The comments are offered to guide applicants as to the process involved and the requirements outlined by the Ordinance.

1. What is the Land Alteration And Drainage Ordinance No.1?

On July 22, 1997, the Pacific County, Flood Control Zone District No. 1 adopted the Land Alteration and Drainage Ordinance No. 1. The Ordinance specifically addresses impacts of all proposed development activities which alter the existing landscape and affect surface water runoff.

2. What is the procedure for approval of development activities?

When applicants visit the Department of Community Development counter in Long Beach, the applicant is urged to compete the attached Applicability Questionnaire. The questionnaire is intended to determine whether the Ordinance is applicable to the proposed development activities. The applicability depends on the nature of earthwork proposed, the land alteration activities, and potential impact to adjacent drainage features (ditches, channels, ponds, etc.)

If the ordinance is applicable, a letter will be issued to each applicant and the landowner of record as to the permits necessary in relation to the ordinance. The development activities may be subject to the issuance of either or both a Land Alteration Permit and/or Drainage Permit.

3. What if my property floods, or fill is required to divert stormwater from the site?

Perhaps the most indeterminate issue relative to applicability of the ordinance centers around the adjacency of the development activities to a Frequently Flooded Area. A Frequently Flooded Area is specifically defined in the ordinance, but generally it consists of any area which experiences periodic flooding.

The Department of Public Works will issue a letter in relation to any development activity within or adjacent to a Frequently Flooded Area.

4. How will Frequently Flooded Areas impact the development activities?

The Ordinance specifically prohibits any development activity within Frequently Flooded Areas, unless specific development requirements and standards are met. These requirements and standards are stringent and protect against the worsening of the flooded area.

Applicants must retain a qualified professional (i.e. a professional engineer registered in the State of Washington) for a certification stating the development activities will not have an adverse affect on the Frequently Flooded Areas. The professional will aid the applicant in the appropriate design to minimize the impact of the development activities on adjacent properties.

Development activities of any sort within a Frequently Flooded Area will require both a valid Land Alteration Permit and/or a valid Drainage Permit. Such activities may include new building construction, clearing and grading activities, building expansions, paving of new driveways, placement of exterior concrete, etc.

5. Are some development activities exempt from the Ordinance?

The Ordinance does provide for exemptions, when the development activities lie outside of a delineated Frequently Flooded Area. If the development activities are exempt from review, a Notice of Exemption will be issued by the Department of Public Works. The Notice will specify the exempt activities, any conditions of exemption, and reference the applicable section of the Ordinance.

A Notice of Exemption may be issued for portions of the overall development activity, specifically when the applicant seeks incremental approval (i.e. the installation of a septic system first, and then the house a future date). Please note, the issuance of an exemption will not guarantee approval of subsequent development activities.

6. What about non-permitted filling, grading and drainage activities

The Department of Public Works in conjunction with the Department of Community Development are responding to any valid complaints. If development activities found are found in violation of the ordinance, a Notice and Order to Correct Violations will be issued stating the corrective actions necessary and identifying the specific violations.

7. Who is responsible for the administration?

The Questionnaires and Applications are available at the Department of Community Development, South County Office, 7013 Sandridge Rd, Long Beach, WA 98631. Applications and the relative fees must be transmitted to DCD for processing. Please note, the application will require the landowner of record to sign the application.

The Pacific County, Department of Public Works is responsible for administering the ordinance. Please do not hesitate to contact Mike Collins, Department of Public Works directly at 360/642-9368 to discuss your specific development activities and the requirements of the ordinance.

8. How long does the approval of a permit application take?

A letter or Notice of Exemption will be issued on behalf of each Questionnaire submitted. The letter or Notice will be forwarded within 7 to 14 days, upon receipt. If the development activities are subject to the ordinance, an applicant may be required to complete specific tasks, such as submitting additional information or obtaining the services of a qualified professional. The approval will then be dependent on the applicant on furnishing the required information in a timely manner. Permits will be issued within 7-14 days upon the submittal of a "technically" complete application.

9. Are the development activities subject to other related ordinances, regulations, standards and laws?

In addition to Ordinance No.1, the development activities may also be subject to permits and related conditions set forth by the Pacific County Critical Areas and Resource Lands (CARL) Ordinance No. 147, the Pacific County Shoreline Master Program, or other related ordinances. Please contact the Department of Community Development at 360/642-9382 for further information regarding these and any other required permits.


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