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A. Universal. Notwithstanding subsections B and C of this section, the provisions of this chapter shall apply:

1. When any item of archaeological interest is discovered during the course of a permitted ground-disturbing action or activity (VMC 20.710.090).

2. When the planning official determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted to the planning official.

B. General. The provisions of this chapter shall apply to all applications for ground-disturbing actions or activities for which a permit or approval is required:

1. Where any portion of the disturbance area is within properties with predictive model probability level high.

2. Where the disturbance area is at least five acres in size and wholly within predictive model probability levels moderate-high and moderate.

3. Regardless of disturbance area size or predictive model probability level, when the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions. (See subsection (C)(11) of this section for a possible exemption.)

C. Exemptions. Applications for the following permits, approvals or other ground-disturbing activities shall be exempt from the provisions of this chapter, except where the provisions of subsection A of this section apply:

1. Land use permits handled as Type 1 actions under VMC 20.210.040, except grading and tree removal permits; or

2. Sign permits (Chapter 20.960 VMC); or

3. Conditional use permits (Chapter 20.245 VMC) for a change in use only, not involving ground disturbance for structural modification.

4. Zoning variance approvals (Chapter 20.290 VMC).

5. Ground-disturbing actions or activities classified as exempt actions under VMC 20.210.030 except landscaping activities and single-family and duplex dwellings not requiring an environmental review; or

6. Ground-disturbing actions or activities where the planning official determines that the disturbance area was adequately investigated and documented [VMC 20.710.050(A)] in the past and the existence of an archaeological site was determined not to be probable (prior predetermination) or not to be actual (prior survey); or

7. Applications for permits or approvals for ground-disturbing actions or activities which have vested prior to the effective date of this chapter; or

8. Ground-disturbing actions or activities where the provisions of this chapter were previously applied to a related application for a larger, more comprehensive ground-disturbing action or activity which encompasses the scope of the current application; or

9. Ground-disturbing actions or activities where a prior application for a larger, more comprehensive ground-disturbing action or activity which encompasses the scope of the current application was exempt from the provisions of this chapter pursuant to this subsection C; or

10. Ground-disturbing actions or activities where the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions may be exempted by the planning official when appropriate due to the effects of a geographic barrier; or

11. Ground-disturbing actions or activities proposed in areas in which the planning official determines that previous substantial disturbance has been documented.

D. Predictive Model Application. When more than one predictive model probability level traverses a disturbance area, the entire disturbance area shall be considered to be within the level with the greatest probability rating.

E. Coordination.

1. Where the provisions of this chapter conflict with each other or with other local, state, or federal laws, ordinances, or programs, the more restrictive provisions shall apply.

2. The provisions of this chapter shall apply throughout the city, including areas regulated by Vancouver’s Shoreline Management Master Program.

3. The regulations of the State Environmental Policy Act SEPA shall supplement the provisions of this chapter.

4. The provisions of this chapter are intended to coordinate with and supplement the related provisions of state law. [Chapters 27.34, 27.44, 27.48, and 27.53 RCW.] (Ord. M-4402 § 3(S), 2023; Ord. M-3701 § 20, 2005; Ord. M-3643, 2004)