Wet Season Work Waiver - Seasonal Development Limitation

Land clearing, grading, filling, and foundation work are not permitted between October 1 and April 1 within landslide hazard areas, or if more than 2,000 square feet of disturbance is proposed in an erosion hazard area.

The Building Official may determine that issuing a building permit for work that would be prohibited by these limitations is not practicable during the regulated season or unless a Seasonal Development Limitation Waiver is issued. (See MICC 17.14.010 Section 105.3.1)

A waiver to this seasonal development limitation may be granted if compelling justification is demonstrated and supported by a geotechnical evaluation of the site and proposed construction activities.  The waiver application packet linked below will assist in assembling the minimum and suggested documentation which will depend on scope of work and the site.

Affected Sites:

1. Sites subject to a Potential Slide, Erosion, or Steep Slope Hazard, or any areas with Critical Slopes and the land that extends 10 feet past the top and toe of the slope. Per: MICC. 19.07.160.Or other factors as identified by WAC 365-190-120.
2. Any site that is considered by the Building Official or City Engineer to be subject to the seasonal development limitation.

Prepare

Work with a geotechnical engineer to prepare the required forms and documents.
^{*If you have applied for Seasonal Development Limitation Waivers in the past, please read staff guidance carefully. Policies and procedures are in development to address work being performed in violation of the seasonal development limitation and to avoid delays in construction due to a historic pattern of just-in-time applications.}

Required Forms

1. Development Application Form
2. Wet Season Waiver Packet
   

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Required Documents

1. Letter to the Building Official Requesting the Waiver 
2. Geotechnical Report 
3. Working Drawings
4. Erosion Control Plan
5. Construction Schedule
6. Emergency Procedures

Supplemental Documents, Required as Needed

1. Storm Detention Design and Hydrology Report
2. Survey
3. Tree Inventory
4. Permanent Site Restoration Methods
5. Soil Removal Evaluation
6. Hillside Support
7. Soil Disposal
8. Liability Insurance
9. Performance Bond or Assign of Funds Account
10. Site Reports
11. Additional Information as determined by the Building Official or City Engineer
    

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    ^{*See building definitions section for more details on submittal items.}

Statement of Work

If requested by the applicant to issue the permit during the wet season but does not intend to commence restricted work during the wet season - The building official may evaluate a scoping letter submitted for review, detailing the work prior to permit issuance. 
This statement will detail how the project will comply with the Seasonal Development Limitation requirements.
^{*This is not a waiver.}

1. Description of work (see Sample Letter) and reason for request of permit issuance prior to April 1st.
2. Work to Proceed
3. Work to Defer
4. Additional information as requested by the building official

How to Apply

Submit your plans, forms and supplemental documents to the Mercer Island Permit Submittal Portal.

Additional Information

Appeals of a seasonal development limitation waiver decision can be made to the Hearing Examiner. There is a process for filing an appeal with the Hearing Examiner, which normally takes up to 45 days. Refer to MICC Chapter 19.15.130.