Authorization to disturb, develop or otherwise modify a critical area, critical area buffer or critical area structure setback. (LO)
Before submitting an application for a Critical Areas Land Use Permit, schedule a Preapplication Conference for Critical Areas.
Apply for this permit online at MyBuildingPermit. When entering your Application Information, choose the following:
- Application type: Land Use
- Project type: Nonresidential or Multifamily Residential or Single Family Residential
- Activity type: Critical Areas
- Scope of work: Critical Areas Permit
Required Documents
The documents listed below are all the potential minimum required submittal items necessary to proceed with the application process. The associated Preapplication Conference Letter will include a required document checklist that will indicate if any of the documents below are not required at the time of initial submittal.
Building Design Documents and Site and Infrastructure Design Documents must be submitted as a single PDF. This helps streamline the review process.
When submitting the multi-plan set PDF, bookmarks are required. The text for each bookmark should correspond to the specific plan types, as listed below.
Bookmarks must be clearly labeled to match the plan type.
For assistance with electronic plan submittals, refer to Requirements for Electronic Plans
- Bill To Form
- Building Design Documents (Single PDF, Bookmarked, Including all Plans Listed Below)
- Site and Infrastructure Design Documents (Single PDF, Bookmarked, Including all Plans Listed Below)
- SEPA Checklist
- Preapplication Conference Letter
- Preliminary Storm Drainage Report
- Geotechnical Report
- In addition to the engineering requirements of a geotechnical report the engineer must also address the geotechnical requirements in the Land Use Code when steep slopes, top-of-slope buffer, and toe-of-slope setbacks are modified or impacted. Impacts to steep slopes and buffers require the geotechnical engineer to provide specific responses to how the proposal meets each performance standard listed in LUC 20.25H.125, if applicable, and how the proposal meets all requirements and geotechnical findings of LUC 20.25H.140 and LUC 20.25H.145. Note that proposals that require a critical areas report still require a separate critical areas report in addition to a geotechnical report.
- Stream Study
- The stream study is a report prepared by a qualified stream biologist using best available scientific methods to determine stream typing consistent with City of Bellevue data and inventories, Land Use Code, State law and the DNR water typing. This report reviews the stream characteristics, habitat potential, presence of fish, and other elements to determine a stream type and the applicable stream buffer.
- Wetland Study
- The wetland report is a report prepared by a qualified wetland biologist using best available scientific methods and the latest version of the Department of Ecology’s Washington State Wetland Rating System for Western Washington and the latest versions of the US Army Corps of Engineers Wetlands Delineation Manual and regional supplement. Wetland rating forms must be included with the wetland report. The report must determine the category of any wetlands as well as the required buffer and structure setback per LUC 20.25H and state/federal technical guidance. The report shall also include a wetland delineation which may be amended depending on the wetland report required. The delineation must be consistent with requirements and procedures for locating wetlands in the field and delineating them with field data, photographs, maps, flags that support the delineation. The report may also identify any other information or documents referenced used in the determination of wetland presence.
- Critical Areas Report
- A Critical Areas Report (CAR) is a process that allows modification of requirements in the critical areas ordinance as part of a project proposal. The CAR is intended to provide flexibility for sites where expected ecological function and values are not present or are degraded.
- The scope and complexity of information required in the CAR will vary depending on the site and proposal. Generally, the CAR must show a site is degraded and that the proposal, with impacts, results in equivalent or better protection and ecological function and value. Where buffer reduction is required, the CAR must show that the proposal results in a net increase in certain functions.
- A CAR is not necessary as part of an allowed use listed in LUC 20.25H.055 unless the proposed allowed use include elements that deviate from the requirements in the critical area ordinance.
- A CAR includes the following elements and listed in LUC 20.25H.250:
- Description of Project
- Description of Site including vegetation, habitat, and any species of local importance present or their habitat
- Description of Critical Areas, Buffers, Setbacks proposed to be impacted
- Description of permanent and temporary impacts including the area in square feet to be impacted, vegetation impacted, trees removed, and other impacts.
- Depiction of impacts on a plan or the site plan to show impacted areas on the site and alignment with square footage and critical area location
- Proposed restoration and mitigation
- All CARs with impact to critical area and buffer must address each decision criterion in LUC 20.25H.255.B.
- CARs with impacts to structure setbacks or other must address each decision criterion in LUC 20.25H.255.A
- All CARs must address the decision criteria for Critical Areas Land Use Permit approval in LUC 20.30P.140
- In addition to the general requirements above, a CAR will have requirements specific to each critical area as follows:
- Streams
- Proposals impacting Type F Streams must address performance standards in LUC 20.25H.080
- Proposals impacting any stream buffer or setback must address LUC 20.25H.090
- If CAR proposes changes to mitigation location, then CAR must address LUC 20.25H.085
- Wetlands
- Proposals impacting wetlands and buffer must address performance standards in LUC 20.25H.100 and requirements in LUC 20.25H.110
- Proposals that include alternative mitigation location then CAR must address LUC 20.25H.105
- Habitat
- See Habitat Assessment below
- Geologically Hazardous Areas (Steep Slopes and Landslide Hazards and buffers)
- In addition to geotechnical reports these proposals need to address criteria in LUC 20.25H.255.B and LUC 20.30P.140
- Proposals that modify elements of the critical areas code will have specific submittal requirements determined by staff at the required preapplication conference.
- Streams
- Habitat Assessment
- Assessment of a site for presence of species of local importance or their habitat. The assessment may include:
- Discussion of vegetation, site conditions and habitat present
- Any Washington Department of Fish and Wildlife (WDFW) management recommendations for species
- Potential direct and indirect impacts on habitat and water
- Discussion of ongoing management and maintenance practices to protect habitat after project construction, including a monitoring program.
- Completion of cumulative impact assessment model
- In the case of proposals that impact the 100-year floodplain a habitat assessment must address effects of improvements in the floodplain on listed endangered species for compliance with the FEMA Biological Opinion.
- Assessment of a site for presence of species of local importance or their habitat. The assessment may include:
- Allowed Use Report
- The allowed use report documents compliance with the requirements of LUC 20.25H for proposals that qualify as allowed uses under LUC 20.25H.055. This report will need to respond to the following elements:
- Description of Site
- Description of critical areas, buffers, and setbacks
- Description of impacts, reduction, modification
- Standards in LUC 20.25H.055.C.2
- Standards in LUC 20.25H.055.C.3
- Proposed restoration and mitigation
- Decision criteria in LUC 20.30P.140
- The allowed use report documents compliance with the requirements of LUC 20.25H for proposals that qualify as allowed uses under LUC 20.25H.055. This report will need to respond to the following elements: