HomeMy WebLinkAboutCAO Comment - Steve Mader2Article VII. Wetlands
18.22.700 Purpose.
The purposespurpose of this article areis to:
(1) Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding
and erosion; and, improving water quality through biofiltration, adsorption, retention and
transformation of sediments, nutrients, and toxicants.
(2) Regulate land use to avoid adverse effects on wetlands and maintain the functions,
servicesvalues, and valuesnatural processes of freshwater and estuarine wetlands throughout Jefferson County.
(3) Establish review procedures for development proposals in and adjacent to wetlands.
(4) Establish minimum standards for identifying and delineating wetlands. [Ord. 5-20 § 2 (Appx. A)]
18.22.710 Classification/ and designation.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands intentionally created from nonwetlandnon-wetland areas to mitigate conversion of wetlands.
Wetlands do not include those artificial wetlands intentionally created from nonwetlandnon-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds for agricultural activities,
and landscape amenities, farm wetlands, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.
(1) Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of RCW 36.70A.175. 36.70A.175. Unless otherwise provided for in this chapter, all areas within the
county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands
Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject to the provisions of this article.
(2) Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and
values of each wetland. Wetland categories shall be based on the criteria provided in the
Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in that publication. These categories are generally defined as follows:
(a) Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by scientists of the State
of Washington Natural Heritage Program/Washington Department of Natural ResourcesPlan;
(iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; (vi) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland types; (ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed and contain ecological
attributes that are impossible to replace within a human lifetime; or (iv) provide a high level
of functions.
(b) Category II. These wetlands are: (i) estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total).
(c) Category III. These wetlands are (i) those with moderate level of functions (scoring
between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total
points) and are often heavily disturbed. These wetlands likely could be replaced or improved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, so they should be protected to some degree.
(3) Category IV wetlands that are non-federally regulated and not associated with a riparian area
and less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this
article when all of the following criteria are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replace through
standard compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or
a FWHCA buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not within the jurisdiction of the county shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system; and
(g) The wetland does not score fivesix or more points for habitat functions (based on the 2014 version of the Washington State Department of Ecology Wetland Rating System, or as
amended by Washington State Department of Ecology).
In addition, mitigation in the form of enhancement or expansion of another part of the buffer should be considered in order to offset any expansion of a nonconforming use or structure.
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require
mitigation.
(4) Sources for Identification. The following sources should be used to identify potential wetland locations. These maps are informational only and site evaluations by a qualified professional or wetlands specialist shall be used to determine compliance with this article. Sources include, but
are not limited to:
(a) Jefferson County Critical Areas Mapping;
(b) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory;
(c) United States Department of Agriculture, Natural Resources Conservation Service (Soil
Conservation Service), Soil Survey for Jefferson County Areas, Washington;
(d) United States Department of Agriculture, Natural Conservation Service, Hydric Soils List; and
(e) Washington State Department of Ecology, Coastal Atlas Map.
18.22.720 Applicability.
All development, land disturbing activities and uses in a wetland or its associated buffer shall be
subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.730 Protection standards.
(1) General. Application for a project or use on a parcel of real property containing a designated wetland or its associated buffer shall adhere to the requirements in this sectionset forth below.
(a) 2) Types of Wetland Evaluations. An applicant submitting an application for a development, use,
or activity on lands determined to be wetland shall alsoshall submit, and have approved, a wetland
evaluationreport prepared based on results of an on-site field investigation conducted by a qualified
wetland professional or wetland specialist using wetland delineation manuals specified in this
section.JCC18.22.710(1). The wetland evaluationreport shall be completed based on the following:
(i) a) Wetland Reconnaissance. This type of wetland assessment does not require flagging of
wetland boundaries or completing a wetland rating form. It shall be used only if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of
construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component.
(ii) b) Wetland Delineation. This type of wetland assessment shall be used if any portion of the
proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction-related activities or are within the proposed limits of clearing. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by subsection JCC
18.22.710(2) of this section,and (3), for each wetland identified. A wetland delineation report
shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter.
(b) c) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary
and category. [Ord. 5-20 § 2 (Appx. A)]
18.22.720 Regulated activities.
(1) Activities Subject to Regulation. Any land use or development activity shall be subject to the provisions of this article, including, but not limited to, the following activities that are directly undertaken or originate in a regulated wetland, unless exempted under JCC 18.22.230:
(a) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails;
(b) The dumping or discharging of any material, or placement of any fill;
(c) The draining, flooding, or disturbing of the wetland water level or water table;
(d) The driving of pilings;
(e) The placing of anything that obstructs water movement, including but not limited to surface water flow, surface water runoff, or groundwater infiltration;
(f) The construction, reconstruction, or expansion of any structure;
(g) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter existing wetland conditions; or
(h) The alteration or modification of water quality or water quantity.
(2) Requirements for Waiver for Single-Family Residence.(d) The requirement for a wetland
evaluation may be waived by the administrator for construction of a single-family residence on an existing legal lot of record if department staff or a, qualified wetland
evaluatorprofessional, or a wetlands specialist determines that:
(a) i) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and,
(b) ii) The single-family residence and all accessory structures and uses are not proposed
to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. [Ord. 5-20 § 2 (Appx. A)]
18.22.730 Protection standards.
The following activities may be permitted in wetlands or wetland buffers as specified when all reasonable measures have been taken to avoid adverse effects on wetland functions and values as documented through a wetland report prepared by a qualified wetland specialist. Compensatory mitigation is required for all adverse impacts to wetlands that cannot be avoided. To the maximum extent practicable, impacts to buffers shall be minimized and any disturbed buffer areas shall be immediately restored except as specifically allowed.
(1) Utility lines in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible conveyance alternative is available shall be designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the following:
(a) The utility line is located as far from the wetland edge or buffer as possible and in a manner that minimizes disturbance of soils and vegetation.
(b) Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line and the area is restored following utility installation.
(c) Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface and subsurface drainage. This may include regrading to the approximate original contour or the use of trench plugs or other devices as needed to maintain hydrology.
(d) Best management practices are used in maintaining said utility corridors such that maintenance activities do not expand the corridor further into the critical area.
(2) Public roads or bridges in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible alternative alignment is available and the road or bridge is designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, including placement on elevated structures as an alternative to fill, where feasible.
(3) Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, provided there are no feasible alternative alignments and measures are taken to maintain preconstruction hydrologic connectivity across the access road. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW.
Exceptions or deviations from technical standards for width or other dimensions, and specific
construction standards to minimize impacts may be specified, including placement on elevated
structures as an alternative to fill, if feasible.
(4) Low-impact, passive recreational activities may be constructed, such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing or hunting, provided construction is limited to the outer 25 percent of the buffer. Trails within buffers
shall be designed to minimize impacts to the wetland and shall not include any impervious surfaces and avoid removal of significant trees.
(5) Stormwater management within the buffers of only Category III and IV wetlands with habitat scores of 3 to 4 points are allowed provided the management techniques follow published guidelines
for stormwater management in wetlands by the Washington Department of Ecology and are vegetation-lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative locations. Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary.
(6) (3) Vegetation retention required within a wetland or its associated buffer. All of the following
provisions regarding vegetation retention shall apply:
(a) Vegetation within a wetland or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland or its associated buffer shall require review and approval by the department;
(b) Altering the habitat conditions of a wetland or its associated buffer without prior review
and approval by the department is prohibited;
(c) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, understory vegetation damaged during approved
clearing operations may be pruned; and
(d) Damage to vegetation retained during initial clearing activities shall be minimized by directional felling of trees to avoid critical areas and vegetation to be retained.
(4) Wetland Buffer Widths.
(a) The standard buffer shallRatings to establish buffer requirements. Wetland ratings and
categories shall be prepared by a qualified professional or wetlands specialist, be based on a
combination the Washington State Wetland Rating System for Western Washington (2014 version, or as amended), and be submitted to the department for review and approval. Buffers for wetlands are based on wetland category, habitat function score (from the wetland rating form),, and land use intensity. The intensity of the land use shall be determined in accordance with the definitions as listed
below unless the technical administrator determines that a lesser level of impact is appropriate based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact on the wetland than that contemplated under the buffer standard otherwise appropriate for the
land use. as shown in Table 18.22.730(1)(a) or based on special characteristics as shown in Table 18.22.730(1)(b).
(5) Buffer Marking. To ensure that buffers are not impacted by adjacent new development or new land disturbing activity, DCD may require one or more of the following:
(a) The marking or flagging of the edge of the wetland or its associated buffer;
(b) Require a 5-foot building setback from the edge of any buffer area, except for nonstructural improvements such as septic drain fields may be located within a setback;
(c) Showing the location of the critical area and its associated buffer on all approved site plans adjacent to development or land disturbing activity proposed.
(d) Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to new
development or new land disturbing activity to ensure that it does not encroach upon buffers;
(e) Require that signs be posted along the buffer edge adjacent to the development, land disturbing activity or use to ensure that the public knows the location of the buffers for:
(i) Permitted commercial or industrial development or uses; or,
(ii) Development, land disturbing activities or uses on public lands.
(f) Require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the critical area or its associated buffer is not identified in the development permit or on the County’s GIS mapping system to disclose to future buyers the existence of critical areas and their associated buffers.
(6) Buffers – Standard requirements for wetlands.
(a) The administrator shall have the authority to require buffers from the edgesboundaries of all wetlands, in addition to the building setback in accordance with the following.
(b) Wetland buffers shall be as established to protect the integrity, functions, and values of the wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by the wetland boundary based on the base buffer width identified in Table 18.22.730(1)(a). Buffers shall not include areas that are functionally and effectively disconnected from the wetland by an
existing, legally established road or another substantial developed surfaceby this article and in accordance with the following criteria.
(c) The buffer standards required by this article presume the existence of a dense, multi-storied native vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the technical administrator may increase the standard buffer, require buffer planting or enhancement, or deny a proposal for buffer reduction or buffer averaging.
(d) Standard buffer widths are shown in Table 18.22.730(1)(a). However, for Category I or II wetlands with “special characteristics” as determined and defined through the Washington Department of Ecology (2014) Wetland Rating System as it exists now or may be amended in
the future (including estuarine, coastal lagoons, wetlands of high conservation value, bogs,
forested, and interdunal wetlands), only buffers in the highest habitat score (8 to 9) group are applied.
(i) The prescribed buffer widths are based the wetland category (I, II, III, IV) as determined by the scoring results on the rating form for the wetland rating system and the expected level of impact of the proposed adjacent land use.
“High(b) Buffers for wetlands shall be measured as a horizontal line perpendicular to the
boundary of the wetland.
(c) The standard buffer width for a wetland shall be determined based on the following:
(i) The wetland category shall be based on the total score and the habitat functions from the wetland rating form and the land use intensity describe in subsection (6)(c) below.
Buffer widths for wetlands are shown in Table 18.22.730(1)(a); or
(ii) The wetland category is based on the special characteristics of the wetland from the wetland rating form. The buffer widths for wetlands with special characteristics are shown in Table 18.22.730(1)(b).
(c) Land use intensity land use” means land use that includesfor wetland ratings is based on the
following:
(i) High land use intensity means development and uses or activities:that are commercial,
urban, industrial, institutional, retail sales, residential (more than one unit/acre), urban, high intensity new agriculture (dairies, nurseries, hard side greenhouses, raising and harvesting
crops requiring annual tilling, raising and maintaining animals), high intensity recreation
(golf courses, ball fields), hobby farms, and Class IV special forest practices, including the
building of logging roads. A high intensity land use may become a moderate intensity land use where required measures to minimize impacts in Table 18.22.730(1)(b) are made part of the proposal and where a buffer condition is well vegetated per subsection (9) of this section
criteriaor hobby farms. Residential development proposed on a parcel that is less than one
acre in size.
“Low (ii) Moderate land use intensity land use” means development and uses that are open space parks, moderate intensity new agriculture (orchards and hay fields, soft sided greenhouses), or utility corridors within rights of way that are shared. Residential
development on a parcel one to five acres in size.
(iii) Low land use that includes the following uses or activities: forestry (cutting of trees only), intensity means low intensity open space (impact development and uses such as unpaved trails or passive recreation and natural resources preservation), utility corridor without(when not exempt in section 18.22.230), regional trails with a maximum of 12-foot-wide paved
surface 6-foot-wide gravel shoulders for non-motorized public access, public utility
corridors not requiring a maintenance road and little or noa vegetation management and
unpaved trails. Low intensity uses incorporate features in plan, landscaping or lawns. Residential development on parcels over five acres in size.
Table 18.22.730(1)(b) by the nature of their use.a). Standard Buffer Widths for Wetlands Based
on Points
“Moderate intensity land use” means land use that includes the following uses or activities: residential (one unit/gross acre or less), moderate intensity open space (parks), moderate intensity new agriculture (such as orchards and hay fields), utility corridor or right-of-way shared by several utilities and including access/maintenance roads and paved trails.
The administrator may determine, on the basis of detailed information from the applicant about the site conditions, scope, and intensity of the proposed development, that the proposed land use will have a lesser level of impact on the wetland than indicated by similar land uses on the list.
Table 18.22.730(1)(a). Standard Wetland Buffer Widths
Land Use Intensity
Wetland Category
Habitat Function Score
High Impact Buffer Width (feet)
Moderate Impact Buffer Width (feet)
Low Impact Buffer Width (feet)
Category I
Total score
is 23-27
points
8 – 9
6 – 7
<3 – 5
300
150
100
225
110
75
150
75
50
Category II
Total score
is 20-22 points
8 – 9
6 – 7 <3 – 5
300
150 100
225
110 75
150
75 50
Category III
Total score is 16-19 points
8 – 9 6 – 7 <3 – 5
300 150 80
225 110 60
150 75 50
Category IV
Total score is 15 points
or less
All 50 40 25
Table 18.22.730(1)(b). Standard Buffer Widths Based on Special Characteristics
Table 18.22.730(1)(b). Required Measures to Minimize Impacts to Wetlands
(All measures are required if applicable to a specific proposal)
Disturbance Required Measures to Minimize Impacts
Lights • Direct lights away from wetland
Noise • Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source
Category I For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Buffer Width (feet)
Toxic runoffBog •250
Coastal Lagoon 200
Table 18.22.730(1)(b). Required Measures to Minimize Impacts to Wetlands
(All measures are required if applicable to a specific proposal)
Disturbance Required Measures to Minimize Impacts Estuarine 200
Forested Based on Habitat Score
Establish covenants limiting use of pesticides within 150 feet of
wetlandWetland of High Conservation Value
250
Category II •Buffer Width (feet)
Stormwater runoffLagoon •150 Estuarine •150
• Use low intensity development techniques (for more information refer to the drainage ordinance and manual)
Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns
Pets and human disturbance • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a conservation easement
Dust • Use best management practices to control dust
(7) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of the
wetland buffer shall be identified as follows:
(a) The outer extent of the wetland buffer shall be flagged on site.
(b) In the case of short plat, long plat, and binding site plan, the applicant shall include on the face of any such plan the boundary of the wetland and its buffer.
(c) For all other approvals, the administrator shall Land Use Intensity Impact Reductions:
Applicants have the authorityoption to require a notice to title be recorded on the property by
the property owner prior to any permits may be issued.
(d) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the activity is proposed on public lands.
(8) Buffers – Standard Requirements.
(a) The administrator shall have the authority to require buffers from the boundaries of all
wetlands as established by this article, and in accordance withmeet the following criteria:
(i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as marked in the field during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images.
(ii) Functionally isolated buffer areas will be subject to wetland evaluation to determine
protective functions such as whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In instances where substantial wildlife use is documented, the area shall be retained as buffer despite being otherwise isolated or disconnected from the wetland.
(iii) When a buffer is on a slope steeper than 30 percent, or lacks adequately dense and diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer averaging.
(9) Reducing Buffer Widths. Buffer widths may be reduced as depictedperformance standards found
in Table 18.22.730(c) to reduce the buffers outlined in Table 18.22.730(1)(c) when implementing
listeda) above from high to moderate impact-reducing measures on the adjacent land use per Table 18.22.730(1)(b) and requiring a protected vegetated corridor between the wetland and a priority habitat
or relatively undisturbed area, if present. Other buffer reductions may be allowed upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland. The administrator shall have the authority to reduce the prescribed buffer widths listed in the Table 18.22.730(1)(a); provided, all of the following
shall apply:.
(a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the standard buffer;
(b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the required buffer, or 25 feet, whichever is greater;
(c) The applicant implements reasonable measures to reduce the adverse impacts of structures and appurtenances on the subject parcel as determined by the administrator; and
(d) Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as approved by the administrator.
Table 18.22.730(1)(c). Required Measures to Minimize Impacts to Wetlands
(All measures are required for land use intensity reduction)
Disturbance
Table 18.22.730(1)(c).
Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures Required Measures land use intensity reduction
Wetland CategoryLights Habitat Function• High Impact Buffer WidthLights shall be shielded to avoid be directed
off the developed area, and should
include timers or motion detection.
INoise 8 – 9• 225Locate activity that generates
noise away from wetland;
6 – 7• 110If warranted, enhance existing
buffer with native vegetation
plantings adjacent to noise source;
<3 – 5• 75For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining,
establish an additional 10 feet
heavily vegetated buffer strip immediately adjacent to the outer buffer.
IIToxic runoff 8 – 9• 225Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered;
6 – 7• 110Utilize native vegetation that does not require fertilizer or pesticides, or require a statement on all approved site plans for
development or land disturbing
activities limiting use of pesticides within 150 feet of wetland;
<3 – 5• 75Apply integrated pest management.
IIIStormwater runoff 8 – 9• 225 Roads and development areas
(including lawns) that discharge to
Disturbance
Table 18.22.730(1)(c).
Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures Required Measures land use intensity reduction
buffers are required to utilize Best Management Practices to treat
stormwaters;
6 – 7• 110Prevent channelized flow from lawns that directly enters the buffer;
3 – 5• 60Use low intensity development techniques (for more information refer to the drainage ordinance and
manual).
IVChange in water regime all• 40Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new
lawns.
Pets and human disturbance • Use privacy fencing or plant dense vegetation to delineate buffer edge
and to discourage disturbance
using vegetation appropriate for the ecoregion;
• For non-residential development, DCD may require wetland and its buffer in a separate tract or protect with a conservation easement.
Dust • Use best management practices to control dust.
(10) Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist
that demonstrates a buffer reduction does not adversely affect the existing functions and values
of the wetland, the
(8) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffers in a wetland buffer widths on
a case-by-case basis; provided,area up to 25 percent when all of the following shall
apply:criteria are met.
(a) The buffer averaging does not have any adverse impact on the functions and values of the wetland and provides greater protection of the wetland;
(b) (i) The specific standards for mitigation sequencing in JCC 18.22.740 have been applied during the siting and design of the proposed project. To the extent practicable,
that may include consideration of the following avoidance and minimization
measures:(A) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present;
(B) The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or wetland and decreased adjacent to the lower functioning or less-
sensitive portion;
(C) Lower intensity land uses are located in the reduced buffer area if feasible;
(D) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts
than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with chapter 18.30.130 JCC;
(ii) The total area contained withinin the buffer area after averaging is no less than that which would be contained within the prescribed buffer, and the standard buffer boundary
remains more or lessand all increases in buffer dimension are parallel to the wetland
boundary;
(c) iii) The most sensitive,buffer averaging does not reduce the functions or highest value,
areas values of the wetland have the widest buffer dimensions, and , or the buffer boundary
considers variationsaveraging, in conjunction with vegetation enhancement, increases the habitat function;
(iv) The buffer averaging is necessary due to parcel size, existing development, shoreline
or other critical area requirements, or other site constraints such as slope, soils, or
protecting existing native vegetation to optimize the overall effectiveness of the buffer;(e.g. mature conifers);
(v) The slopes adjacent to the wetland within the buffer area are stable;
(vi) Buffer averaging of buffer reductions addressed in Section 18.22.730(9) JCC are not
be allowed; and
(vii) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native
vegetation. An enhancement plan or habitat management plan shall be required to achieve
this standard. These plans shall include a 5-year monitoring plan to ensure that standards are met.
(b)The administrator shall have the authority to average buffers in a wetland area up to 50
percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native
plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard. These plans shall include a 5-year monitoring plan to ensure that standards are met;
(iii) Allows for the natural movement of a stream within its floodplain or channel migration
zone;
(iv) Separates development from potential flooding impacts;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed environments;
(vi) Protects important wildlife habitat components for species dependent or associated
with wetland, marine, and riverine environments;
(vii) Protects wildlife movement; and
(viii) Does not significantly impact erosion and landslide hazard areas adjacent to the critical area.
(9) Below is the reduction process and criteria for Wetlands reductions:
The administrator may reduce wetland buffers up to 25% administratively through a Type I variance for moderate land uses provided the following criteria are met:
(a) A wetland delineation is submitted to DCD for review and approval
(b) Buffer averaging is not feasible;
(c) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures:
(i) Trees and other existing native vegetation are avoided, and alterations are placed on
existing road grades, utility corridors, or other developed lands if present;
(ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of the buffer or FWHCA;
(iii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iv) The development is designed to separate and screen impacts such as noise, glare,
vegetation trampling, etc. of adjacent land uses from the critical area. The site design
shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient
buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130;
(d) The minimum buffer width is no The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland or other critical area;
(e) The buffer shall not be reduced to less than 75 percent of the standard prescribed buffer
width;
(e) f) The buffer width was not already slopes adjacent to the subject of a buffer reduction; and
(f) If area of buffer reduction is composed of native trees that are eight inches in diameter at breast
height,FWHCA within the buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar size, age, density, and species composition as that
in the area to be reduced.area are stable;
(11) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to a variance or reasonable economic use exception, as applicable under JCC 18.22.250 and 18.22.260 or may pursue a financially bonded critical areas stewardship plan (CASP), as applicable under JCC 18.22.965; provided, the proposal can meet all CASP financial and other provisions.
(12) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator,(g) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs
in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity. These plans shall include a 5-year
monitoring plan to ensure that standards are met; and
Buffer Averaging Permit Process
Up to 25% Type I per Section 18.22.730(8)(a) JCC Up to 50% Type II per Section 18.22.730(8)(b) JCC
* *
Variances1
Buffer Reduction2 Permit Process Land use intensity from high to moderate Section 18.22.730(7) JCC
Up to 25% Type I moderate land uses per JCC 18.22.730(9)
25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC 18.22.260 Footnote 1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(10) When increasing buffers for wetlands may be allowed.
The administrator shall have the authority to increase buffers in a wetland to protect the functions and values of a wetland. Supporting documentsFactors that may be used to support this determination include but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or,
(d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes
are greater than 30 percent. [Ord. 5-20 § 2 (Appx. A)]
(11) Voluntary Restoration. A wetland and its associated buffer that has been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed prior to the alteration. Voluntary restoration requires the
submission of an enhancement plan or habitat management plan to DCD for review and approval
prior to issuance of a permit to restore a wetlands or buffer. DCD shall provide information or technical expertise, where possible, in facilitating restoration of a wetlands or buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds.
(12) Utilities. Placement of utilities (serving one parcel, development or legal lot of record) within
a wetland and its associated buffer may be allowed pursuant to the following standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation.
(b) Construction of utilities, including stormwater BMP’s, may be permitted in a wetland and its associated buffer when no practicable or reasonable alternative location is available
and the utility does not cause or increase habitat fragmentation for state or federally listed
species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible.
(c) New utilities shall be aligned when possible, to avoid cutting trees greater than 12 inches
in diameter at breast height (four and one-half feet) measured on the uphill side.
(d) New utilities shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period.
(e) Construction of sewer lines or on-site sewage systems may be permitted in a wetland
and its associated buffer when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility by other utilities may be allowed.
(d) In addition to meeting the utilities standards a above, new utility corridors (serving
more than one property) proposed within a wetland or its associated buffer shall require a variance under JCC 18.22.250.
(e) Utility corridors for towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used.
(f) Utilities corridors for towers should follow best management practices for avian
protection.
(13) Road and Street Expansion. The expansion of a legally established private or public road may be allowed in a wetland and its associated buffers provided it complies with the following minimum development requirement:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation.
(b) No other reasonable or practicable alternative exists and the proposed road or street
serves multiple properties whenever possible;
(c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level
of service requirements.
(14) New public or private roads. In addition to meeting the development standards for road and street expansion above, the establishment of a new public or private road within a wetland or its
associated buffer is subject to variance under JCC 18.22.250.
(15) Outdoor Recreation, Education, and Trails Construction. Uses and improvements that do not significantly affect the function of a wetland and its associated buffers (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in a wetland and its associated buffer provided they comply with all of the following minimum
development standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation;
(b)Trails and other facilities shall, to the extent feasible, be placed on existing road grades,
utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed
and located within the buffer to minimize impacts to wildlife, fish, or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer. Trails serving multiple parcels or subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed
with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II Administrative Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan
prepared by wetland biologist; and
(g) Addressing the impacts to the wetland and its buffer are minimized, so that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation.
18.22.740 Impact Assessment and Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and area.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated wetlands. When a proposed use or development, land disturbing activity or use poses potentially significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding
public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and,
(f) Monitoring the required compensation and taking appropriate corrective measures when necessary.
(2) (2) Impact Assessment. All potential impacts to wetlands and buffers shall be identified and
described in the wetland report. Impact assessments shall be made based on requirements in Article IX (special reports).
(3) Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or other approval allowing alteration which results in the unavoidable loss or degradation of regulated
wetlands, or as an enforcement action pursuant to JCC Title 19,title 19 JCC, compensatory
mitigation shall be required to offset impacts resulting from the actions of the applicant or any code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or larger than those
altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Table 18.22.740(1) Required Replacement Ratios for Compensatory Wetland Mitigation
Category
and Type of Wetland Impacts
Reestablishme
nt or Creation
Rehabilitatio
n Only1
Reestablishme
nt or Creation (R/C) and Rehabilitation (RH)1
Reestablishme
nt or Creation (R/C) and Enhancement (E)1
Enhancemen
t Only1
All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1
All
Category III
2:1 4:1 1:1 R/C and 2:1
RH
1:1 R/C and 4:1
E
8:1
Category II Estuarine Case-by-case 4:1 Rehabilitation of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
All Other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1
Category I Forested 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1
Category I
Based on
Score for Functions
4:1 8:1 1:1 R/C and 6:1
RH
1:1 R/C and 12:1
E
16:1
Category I
Wetlands
with High Conservation Value
Not considered
possible2
6:1
Rehabilitation
of a wetland with high conservation value
R/C not
considered possible3
R/C not
considered possible3
Case-by-case
Category I Coastal Lagoon
Not considered possible2 6:1 Rehabilitation of a coastal lagoon
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Bog Not considered possible2 6:1 Rehabilitation of a bog
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland
Case-by-case Case-by-case Case-by-case
(b) Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington State Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1).
(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the
authority to require the applicant record a notice to title to ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 chapter 18.30 JCC.
(f) The applicant may be required to post a mitigation performance bond to ensure monitoring
the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development.
(3) 4) Compensatory Wetland Mitigationbuffer mitigation general requirements.
(a) Buffers adversely affected by a proposed development or use shall be compensated for at a
mitigation ratio of at least 1:1.
(b) Impacts to buffers that are well-developed, well-established, or have unique natural habitats consisting primarily of native plant species shall require a mitigation ratio greater than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas dominated by
native species; areas considered a priority habitat by WDFW; and, habitat conditions that could
support rare plants or plant communities.
1 These ratios assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may
result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut.
Instead, rehabilitation and enhancement actions span a continuum. ProposalsDevelopment that
fallfalls within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable
wetlands because they perform some functions that cannot be replaced through compensatory
mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types. Note: Wetland preservation may be approved by the administrator under limited circumstances
on a case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation
in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(c) The permittee shall install a highly visible and durable protective fencing as a barrier
between the limits of construction and the buffer. The fencing shall be installed prior to any
land disturbing activity, including but not limited to clearing or grading begins, and shall be
maintained during construction to prevent access and protect the wetland and buffer. This
requirement may be waived if an alternative to fencing that achieves the same objective is
proposed by the applicant and approved by the administrator.
(5) Compensatory wetland and buffer mitigation – Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a wetlands evaluation prepared by a wetlandswetland specialist
documentsdocument to the satisfaction of the administrator that a higher preferred option is
not ecologically viable.
(i) Restoration (reestablishment or rehabilitation) is the preferred mitigation option;
(ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable
options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer;
(iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on a report prepared by a wetlandswetland specialist, the administrator determines that no
other option is ecologically viable.
(b) On-site compensation within the same subdrainage basin is preferred. The administrator may approve off-site compensation only if:
(i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same subdrainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project-related impact;
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) On-site compensation is not practical due to probable adverse impacts from
surrounding land uses; and
(vii) Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functional values.
(c) Compensation outside of the subdrainagesub-drainage basin may be approved by the administrator if an in-lieu fee program is used.
(d) Construction of compensation projects must be timed to reduce impacts to existing wildlife
and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species.
(e) Compensation must be completed prior to wetland destruction, where feasible.
(4) 6) In-Lieu Feelieu fee (ILF) Program. An applicant may opt to use an ILF program to
compensate for impacts to aquatic resources (critical areas) or buffers based on criteria listed below. Use of an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter.
(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if
the impacts to the critical area or buffer occur within an ILF program service area. If an impact occurs outside of an ILF program service area, an applicant may request that Jefferson
CountyDCD investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts
outside an ILF program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. The countyDCD may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation.
(c) The administrator may approve an application using an ILF program for mitigation if the
ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with
this chapter. The administrator shall not approve a permit involving ILF mitigation until (i)
the applicant has purchased the appropriate number of credits from the sponsoring organization and (ii) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with Jefferson County
Code critical areas the requirements of this chapter and the applicable approved in-lieu fee
program instrument. [Ord. 9-20 § 2 (Appx. B)1; Ord. 5-20 § 2 (Appx. A)]