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HomeMy WebLinkAboutArticle VII Mod. Wetland 12-26-25Article VII. Wetlands 18.22.700 Purpose. The purpose of this article is 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, values, and natural processes of freshwater and estuarine wetlands throughout Jefferson County. 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 non-wetland areas to mitigate conversion of wetlands losses. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, 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. 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 Plan; (iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; and(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 Commented [GB1]: Emily Atkins CAO Wetlands specialist with Ecology review of wetland section in 6/18/25 PC workshop. DCD incorporated applicable comments into the 11/26/25 Draft CAO Update that went out to review to agencies. Commented [GB2]: Changes below are based on comments from Steve Mader comments dated 12/14/25 of the draft CAO dated 11/26/25 Commented [GB3]: KEY from Steve Mader comments dated 12/14/25 change made, PC review changes not made Commented [GB4]: Steve Mader 12/14/25 – change made Commented [GB5]: Steve Mader 12/14/25 – Emily Atkins CAO Wetlands specialist with Ecology review of wetland section in 6/18/25 PC workshop. No change Commented [GB6]: Steve Mader 12/14/25 – Emily Atkins CAO Wetlands specialist with Ecology review of wetland section in 6/18/25 PC workshop. No change 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) undisturbed 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 areas (FWHCA) 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 six or more points for habitat functions (based on the 2014 version of the Washington State Department of Ecology (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, unless approval is obtained from Ecology or the U.S Army Corp of Engineers. This Commented [GB7]: Steve Mader 12/14/25 – change made Commented [GB8]: Steve Mader 12/14/25 – change made Commented [GB9]: Steve Mader 12/14/25 – change made Commented [GB10]: Steve Mader 12/14/25 – change made 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 Mmapping; (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 Resource Conservation Service, Hydric Soils List; and (e) Washington State Department of Ecology, Coastal Atlas Mmap. 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 set forth below. (2) Types of Wetland Evaluations. An applicant shall submit, and have approved, a wetland report prepared based on results of an on-site field investigation conducted by a qualified professional or wetland specialist using wetland delineation manuals specified in JCC18.22.710(1). The wetland report shall be completed based on the following: (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. (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 land disturbing activityclearing. 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 JCC 18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be Formatted: Font color: Green Formatted: Font color: Green prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter. (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. (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, qualified professional, or a wetlands specialist determines that: (i) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and, (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)] (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 within wetlands or its associated buffer lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way and easements for established roadways and existing utilities; provided, understory vegetation damaged during approved clearing operations may be prunedhowever, retained vegetation may be pruned to the right-of-way or easement limits; 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) Damage to wetlands and their associated buffers from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the falling of trees away from the these areas. (4) Wetland Ratings to establish buffer requirements. Wetland ratings and categories shall be prepared by a qualified professional or wetlands specialist, be based on 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, and land use intensity as shown in Table 18.22.730(1)(a) or based on special characteristics as shown in Table 18.22.730(1)(b). Formatted: Font color: Green Commented [GB11]: Steve Mader 12/14/25 – change made. DCD added established roadways and existing easements to make it clear that this applies only to existing roads and utilities and not new rights-of-way and easement. Formatted: Font color: Green (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 aA 5-foot building setback shall be required 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 wetlandcritical 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 boundaries of all wetlands as established by this article and in accordance with the following criteria. (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 described 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 for wetland ratings is based on the following: (i) High land use intensity means development and uses that are commercial, industrial, institutional, urban, high intensity new agriculture (dairies, nurseries, hard side greenhouses, annual tilling), high intensity recreation (golf courses, ball fields), or Commented [GB12]: Steve Mader 12/14/25 – Questions whether porches, decks, shed and fences were allowed in the 5 foot setback area from the buffer. hobbysolar farms. Residential development proposed on a parcel that is less than one acre in size. (ii) Moderate land use intensity means development and uses that are open space parks, moderate intensity new agriculture (orchards, and hay fields, animal pastures, soft sided greenhouses, etc.), 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 intensity means low impact development and uses such as unpaved trails or passive recreation (when not exempt in section 18.22.230), regional trails with a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access, public utility corridors not requiring a maintenance road or a vegetation management plan, landscaping or lawns. Residential development on parcels over five acres in size. Table 18.22.730(1)(a). Standard Buffer Widths for Wetlands Based on Points 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 Category I Buffer Width (feet) Bog 250 Commented [GB13]: Joe Holtrop 12/16/25 & Emily Atkins Ecology 06/18/25 Coastal Lagoon 200 Estuarine 200 Forested Based on Habitat Score Wetland of High Conservation Value 250 Category II Buffer Width (feet) Lagoon 150 Estuarine 150 (7) Land Use Intensity Impact Reductions: Applicants have the option to meet the following performance standards found in Table 18.22.730(c) to reduce the buffers outlined in Table 18.22.730(1)(a) above from high to moderate impact. Table 18.22.730(1)(c). Required Measures to Minimize Impacts to Wetlands (All measures are required for land use intensity reduction) Disturbance Required Measures for land use intensity reduction Lights • Lights shall be shielded to avoid being directed off the developed area, and should include timers or motion detection. Noise • Locate activity that generates noise away from wetland; • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source; • 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 buffer. Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered; • Utilize native vegetation that does not require as much fertilizer or pesticides as non-native vegetation, or require a statement Commented [GB14]: Steve Mader 12/14/25 – change made Disturbance Required Measures for land use intensity reduction on all approved site plans for development or land disturbing activities limiting use of pesticides within 150 feet of wetland; • Apply integrated pest management. Stormwater runoff • Roads and development areas (including lawns) that discharge to buffers are required to utilize Best Management Practices to treat stormwaters; • Prevent channelized flow from lawns that directly enters the buffer; • Use low intensityimpact development (LID) techniques (for more information visit Ecology’s LID guidance websiterefer 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; • 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. (8) When buffer averaging may be allowed. (a) The administrator shall have the authority to average buffers widths adjacent to in a wetland area up to 25 percent when all of the following criteria are met. (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 alterationsdevelopment, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed landsareas if present; (B) The buffer width 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 wetland areasportion; (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 in the buffer area after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the wetland; (iii) The buffer averaging does not reduce the functions or values of the wetland, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function or value; (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 (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. Thisese plans shall include a 5-year monitoring plan to ensure that standards are met. Formatted: Font color: Green (b)The administrator shall have the authority to average buffer widths adjacent to 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. Thisese 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) ProtectsEnables wildlife movement; and (viii) Does not significantly impactaccelerate 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 development, land disturbing activity, and usesalterations 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 wetlandbuffer or FWHCA; Formatted: Font color: Green (iii) Lower intensity land uses are located in adjacent to 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 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 buffer; (f) The slopes adjacent to the FWHCA within the buffer area are stable; (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 riparianecological 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. Thisese 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 Formatted: Font color: Green 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 allowedrequired. The administrator shall have the authority to increase buffers in adjacent to a wetland to protect the functions and values of a wetland. Factors 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. (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 historically or 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 demonstrating how the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced withthat the restoration shall be 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 Formatted: Font color: Green Formatted: Font color: Green Commented [GB15]: Steve Mader 12/14/25 – change made Commented [GB16R15]: 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 andor 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 andor its associated buffers provided it complies with the following minimum development requirements: (a) A habitat management plan or enhancement plan shall be submitted with a site plan addressingdemonstrating that the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with that restoration shall be 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 Formatted: Font color: Green Formatted: Font color: Green 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 and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist or qualified professional; and (g) Addressing tThe impacts to the wetland and its buffer are minimized, so that any disturbed areas shall be immediately restored, and the enhanced withthat restoration shall be 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 functions or values, and area. (1) Mitigation Sequence. Mitigation includes avoiding, minimizing, rectifying, or compensating for adverse impacts to regulated wetlands. When 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; Formatted: Font color: Green (e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and, (f) Monitoring the required rectification or compensation and taking appropriate corrective measures when necessary. (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 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 largergreater than those altered impacts 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 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 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 (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. Score for Functions Category I Wetlands with High Conservatio n 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 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. DevelopmentMitigation proposals that falls 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 and no net loss requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended. (d) Compensatory mitigation must be conducted on property that will be protectedstewarded and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservationstewardship 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 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. (4) Compensatory buffer mitigation general requirements. (a) Buffers adversely affected by a proposed development, land disturbing activity, 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; andor, habitat conditions that could support rare plants or plant communities. (c) The permittee shall install a highly visible and durable protective fencing as a barrier between the limits of construction and the retained buffer vegetation. 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 retained 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 wetland specialist document 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 wetland 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 lostimpacted wetland functionsal and values. (c) Compensation outside of the sub-drainage basin may be approved by the administrator if an authorized in-lieu fee program is used. (d) Construction of rectification and 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 mustshould be completed prior to impacting the wetland destruction, where feasible. (6) In-lieu fee (ILF) Program. An applicant may opt to use an authorized ILF program to compensate for impacts to aquatic resources (critical areas)wetlands or its associated 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 DCD 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 DCD 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 the requirements of this chapter and the applicable approved in-lieu fee program instrument.