Lynnwood's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Lynnwood, Washington, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Flood Zones

Lynnwood regulates all areas of special flood hazard under LMC Chapter 16.46, adopted from FEMA's Snohomish County flood insurance study. A development permit from the public works director is required before any construction, fill, or land alteration in these areas, and violations are a misdemeanor punishable by fine and jail time.

Key details: Governing chapter: LMC 16.46. Permit authority: Public works director. Elevation standard: 1 ft above base flood elevation. Max fine: $500.00 per violation. Max jail: 90 days.

Building or altering a structure in a mapped flood hazard area without a development permit, or failing to meet the chapter's requirements, is a misdemeanor under LMC 16.46.030(C). Conviction carries a fine of not more than $500.00, imprisonment of not more than 90 days, or both, per violation, plus all costs and expenses of the case; the city may also pursue other lawful action to prevent or remedy the violation.

Stormwater Management

Lynnwood requires a stormwater permit and site plan for projects disturbing 2,000 square feet or more of land or adding new or replaced impervious surface, under LMC Chapter 13.40. The rules implement the state's Western Washington Phase II Municipal Stormwater Permit issued by the Department of Ecology.

Key details: Permit trigger: 2,000+ sq ft disturbance or impervious surface. Category 2 trigger: 5,000+ sq ft or 0.75+ acre to landscaping. Governing manual: WA Stormwater Manual for Western WA. Special basin standard: Perrinville Creek elevated flow control. Administered by: Lynnwood public works department.

LMC 13.40.150 makes noncompliance with the stormwater chapter a violation subject to enforcement by the public works department under LMC 13.40.160, with penalties set out in LMC 13.40.170 and an appeal path through LMC 13.40.180. Starting covered construction without an approved stormwater site plan can also trigger revocation of all permits issued for the project under LMC 13.40.070(C).

Erosion Control

Lynnwood requires a temporary erosion and sediment control plan, plus a vegetation management and restoration plan, for development on sites with potential erosion hazard areas under LMC 17.10.103. The city can also condition approval on a geotechnical consultant's on-site presence during clearing and grading.

Key details: Required for: Sites with potential erosion hazard areas. Plan required: Temporary erosion and sediment control plan. Also required: Vegetation management/restoration plan. Base setback: 25 ft from erosion/landslide hazard areas. Report prepared by: WA-licensed geotechnical engineer/geologist.

Development that alters a geologically hazardous or erosion hazard area without meeting the conditions of LMC 17.10.103, including a required erosion and sediment control plan, is subject to the enforcement and restoration remedies in LMC Chapter 17.10, under which the city may require restoration of the site, including installation and maintenance of erosion control measures, at the responsible party's expense.

Flood Elevation Requirements

Lynnwood requires new and substantially improved residential structures in a mapped flood hazard area to have their lowest floor, including any basement, elevated at least one foot above base flood elevation under LMC 16.46.050(B)(1)(a). A development permit is required first under LMC 16.46.040(A)(1), and violating the chapter carries a fine of up to $500 or 90 days in jail under LMC 16.46.030(C).

Key details: Freeboard requirement: 1 foot above base flood elevation. Critical facilities: 3 feet above base flood elevation. Permit required first: Development permit, LMC 16.46.040(A)(1). Maximum penalty: $500 fine or 90 days jail. Variance body: 3-member mayor-appointed appeal board.

Constructing, locating, extending, converting, or altering a structure in a mapped flood hazard area without meeting Chapter 16.46 LMC, including the one-foot freeboard standard at LMC 16.46.050(B)(1)(a), is a misdemeanor under LMC 16.46.030(C). Each violation carries a fine of up to $500.00, up to 90 days in jail, or both, and the violator must also pay the city's costs and expenses in the case, on top of any separate building-permit enforcement action.

The Bottom Line

Lynnwood's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Lynnwood is broadly strict or permissive.

All of the above reflects Lynnwood's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.