Type I Environmental Permits

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Web page revised 1.1.26

What is a Type I permit?

Type I permits are administrative reviews where a staff member is authorized to issue the decision. Type I decisions are generally considered minor in nature, do not require public notice, and usually have clearly defined criteria (not requiring a great deal of interpretation).

How long does it take to get a Type I decision?

If your application meets all the submittal and technical requirements, Clark County has a decision deadline of no more than 21 calendar days.

Do I need a Pre-Determination or a Determination?

Yes. The determination process is designed to help inform both you and the staff about the presence or absence of critical areas on the site. The permit process is for the review of impacts a development would have on the identified critical areas.

During the determination process, staff will give you advice on how to avoid critical areas, minimize impacts, and if necessary, how to mitigate for development impacts through the permit process. Without knowing that types of critical areas you have and where they are on your property, staff would not be able to determine what type of permit you will need for your project.

If you are ready to apply for your project’s permits, you can submit a determination application at the same time you get your environmental permits. If you want information about your critical areas before you spend a lot of time and money on design plans, you could apply for a pre-determination. (called “pre” because it comes before application) For more information see the Pre-Determination/Determination handout.

What kind of reviews can be done as a Type I?

Both the Wetland Protection Ordinance (CCC 40.450.040.G.) and the Habitat Conservation Ordinance (CCC 40.440) describe what kind of reviews can be done as Type I reviews.

In general, for wetlands permits, they are projects which involve:

  • Buffer modification only;
  • Wetland impacts resulting in less than 0.10 acre of direct wetland impact;
  • Wetland permits associated with residential building permits, regardless of impact;
  • Wetland permits associated with home business permits, regardless of impact;
  • Re-authorization of approved wetland permits;
  • Programmatic wetland permits that are exempt from SEPA (State Environmental Policy Act);
  • Modifications of conservation covenants (in limited cases).

In general, for habitat permits, they are projects which involve:

  • Modifications of conservation covenants (in limited cases);
  • Stewardship Plans;
  • Clearing permits;
  • Programmatic habitat permits that are exempt from SEPA (State Environmental Policy Act).
What is the application process?

All wetland and habitat reviews are completed online.

Follow the Wetland/Habitat Review application guidelines.

The first step is to get a completed Pre-Determination or to prepare a Determination application packet and get a Type I application packet. Submit either the Pre-Determination Staff Report or the Determination application along with the required Type I submittal items.

Once your application is accepted as “Counter Complete”, copies of your submittal package are routed to review staff. Review staff conducts a second completeness check, known as the “Fully Complete”, or technical review. This more detailed review may include a site visit to verify that the plans reflect all critical areas and buffers affected by the project. If all of the submittal requirements have been met, and the technical information needed to reach a decision is in the submittal package, then the application will be processed.

If any required items are missing from your submittal, you will be contacted by county staff with a list of the missing items. If you do not submit the requested information within 30 days of a written request for additional information, staff will return your application and refund the application fees, less any processing costs incurred to date.

Once your application is accepted as fully complete, review staff will perform their research and site investigation before issuing a Staff Report summarizing the county’s findings and decision.

Can a Type I decision be appealed?

Yes. Type I permits can be appealed to the Hearing Examiner within 14 days from the date the decision is mailed. Refer to Appeals.

How long are permits good for?

Habitat permits are valid for two (2) years but a one (1) year extension can be obtained upon showing good cause. Within that time, the applicant must be able to show they have actively undertaken and/or completed activity on the project. After a permit expires a new permit is required.

Wetland permits shall be valid for a period of three (3) years from the date of issuance. This can be extended due to delays for administrative appeals or court challenges. The permit may also be extended if specifically approved in the permit or if the applicant demonstrates good cause to approve an extension. However, these type of extensions cannot exceed one (1) additional year.

Submittal Requirements

The Habitat and Wetland Permit Application packet includes the following:

  • Permit Application form; and
  • Frequently Asked Questions on the Habitat Conservation and Wetland Protection Ordinances.

List of minimum submittal requirements of a complete application:

  • Permit Application form, signed by the property owner or an authorized agent;
  • Site Plan (see the example below); and
  • Other items may be required if your proposal went through a pre-application or predetermination review (refer to written reports or instructions from a Community Development Biologist).

The following tips will help make sure your habitat or wetland permit application submittal is complete and reduce delays in the review:

  • Include the property serial number(s) on all applications.
  • Do not leave any blank spaces on the form;
  • If access to your site is restricted, provide access instructions in the space provided; and
  • Make sure to sign where required on all forms.

Site plan requirements - The site plan does not have to be professionally prepared. However, it should clearly and accurately provide:

  • A standard scale in feet (for example, 1 inch = 100 feet);
  • A directional reference (north arrow);
  • Locations and dimensions (length) of all property lines enclosing the legal lot;
  • Location and names of adjacent streets or roads;
  • Location and use of all existing buildings/structures. Include dimensions (distance) from each structure to the nearest property lines, other structures, wells, septic fields or other utilities;
  • Location of proposed structures, driveways, turnarounds, wells, septic field, and other utilities. Include dimensions to the nearest property lines or any other existing feature noted above;
  • Location of natural features such as streams, ponds, known wetlands, steep slopes, and the general pattern of forested and cultivated areas. Include dimensions from these natural features to existing and proposed items noted above;
  • Location of existing and proposed yard areas to be maintained in lawn landscaping or gardens; and
  • Location of areas where existing vegetation is proposed to be removed or grading is proposed.

 Sample site plan
Wetland-Habitat Sample Site Plan

 

Fee schedule

The following fees are required to be paid when the application is submitted.

Type I critical area review or permit (one critical area only): $1,166

Add second critical area, concurrent review: $544

Site inspection fee (for each site visit needed): $544

Issuance fee for each determination: $53

Reference

Clark County Code Chapter 40.510 and Chapter 40.445.