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HomeMy WebLinkAbout8(a)(iv) Wetlands with commentsItem 8(a)(iv) Wetlands Page 1/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. Article VII. Wetlands 18.22.700 Purpose. The purposes of this article are 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 processesservices, and values 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/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 nonwetland areas to mitigate conversion of wetlands. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, 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 Washington Natural Heritage Program/Washington Department of Natural Resources; (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. Item 8(a)(iv) Wetlands Page 2/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (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 sixfive or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington 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 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 (e) Washington Department of Ecology, Coastal Atlas online mapping (4) General. Application for a project on a parcel of real property containing a designated wetland shall adhere to the requirements in this section18.22.720 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 or wetland buffer, unless exempted under JCC 18.22.230: Commented [GB1]: Added source identification Commented [GB2]: Moved to Section 18.22.730(2) under protection standards. Should address wetland evaluation, reconnaissance, and delineation required. Item 8(a)(iv) Wetlands Page 3/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (2) Wetland Buffers. In addition to those activities in JCC 18.22.230, the following activities may be allowed within wetland buffers; provided, a wetland report and site plan are submitted that show the impacts to buffers are minimized and that any disturbed buffer areas shall be immediately restored: (a) Construction of low-impact, passive recreational activities, such as pervious trails that are no greater than five feet in width, 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. (b) Within the outer 25 percent of buffers of Category III and IV wetlands only, vegetation-lined swales designed for stormwater management when topographic restraints determine there is no other upland alternative location. 18.22.730 Protection standards. (1) General. Application for a project or use on a parcel of real property containing a designated wetland or wetland 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 wetland professional 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 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 JCC 18.22.710(2) 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. (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 lot of record if department staff or a qualified wetland evaluator determines that: (a) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and (b) 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) Wetland Buffer and Setback Requirements. Wetland ratings and categories shall be prepared by a qualified professional, 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. Wetland ratings 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). A 105 -foot building setback is required from the edge of all wetland buffers. (4) Buffer Marking. To ensure that buffers are not impacted by adjacent development or land disturbing activity, DCD may require the following: Commented [GB3]: Specific regulated activities are not needed as any development or land disturbing activity not exempt is subject to wetland protection standards Commented [AS4]: What about public trails in wetlands (boardwalks) or that need to cross so they can’t be in outer 25%? Public trails that need to be paved or wider for safety/ADA? Commented [AS5]: Thought - wonder if this might fit better under 730 as new Activity Specific Standards section? (like what I’m trying at end of 630) Commented [GB6]: This should be moved to protection standards like in the FWHCA section Commented [GB7]: This should be moved to protection standards like in the FWHCA section Commented [GB8]: Moved from Section 18.22.720 Regulated activities section Commented [GB9]: Same as FWHCA Commented [GB10]: This is intended to ensure that buffers are not impacted by development activity adjacent to critical area buffers. It also is intended to keep landowners outside of the buffer after the development is completed. Item 8(a)(iv) Wetlands Page 4/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (a) The marking or flagging of the edge of the wetland or its associated buffer (b) the location of the critical area and buffer shown on all approved site plans adjacent to proposed development or land disturbing activity. (c) Permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers. (d) For permitted commercial or industrial development or uses, or if the activity is proposed on public lands, the administrator may require signs be posted along the buffer edge adjacent to the proposed development or land disturbing activity. This is intended to ensure that the public knows the location of the buffers. (e) DCD has the authority to 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. This is intended to disclose to future buyers the existence of critical areas and their associated buffers. (5) 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 with the following criteria. Wetland buffers shall be measured as a horizontal line perpendicular to the wetland boundary. (b) The standard buffer width shall be determined based on the following: (i) The wetland category is based on the total score and the habitat functions from the wetland rating form and the land use intensity describe in subsection (5)(c) below. Buffer widths for these 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 is 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 hobby 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, soft sided greenhouses), or utility corridors within rights of way that are shared. Residential development on a parcel one acre in size or larger 1 to 5 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 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 5 acres in size. (6) Wetland Buffer Widths. (a) The standard buffer shall be based on a combination 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 Commented [GB11]: 1 to 5 acres in size Commented [GB12]: Over 5 acres in size Added regional trails as low impact activity Commented [GB13]: Need to decide if this explanation of process in necessary and defining Item 8(a)(iv) Wetlands Page 5/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. 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. The administrator shall have the authority to require buffers from the edges of all wetlands, in addition to the building setback in accordance with the following. (b) Wetland buffers shall be 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 surface. (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. Table 18.22.730(1)(a). Standard Wetland Buffer Widths 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 Wetland Buffer Widths Based on Special Characteristics Category I Buffer Width (feet) Bog 250 Coastal Lagoon 200 Commented [GB14]: low, moderate, and high intensity uses moved above to Section 5. Item 8(a)(iv) Wetlands Page 6/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. Estuarine 200 Forested Based on Habitat Score Wetland of High Conservation Value 250 Category II Buffer Width (feet) Lagoon 150 Estuarine 150 (7) Reducing Buffer Widths. If impact-reducing measures widths may be reduced in Table 18.22.730(1)(c) are proposed, buffer widths may be reduced to thoseas depicted in Table 18.22.730(1)(cd) when implementing listed 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 report prepared 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, the specific standards for avoidance and minimization in JCC 18.22.740 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are metshall 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. Wetland buffers reductions shall comply with the provisions of Section 18.22.250 Table 18.22.730(1)(c). 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 • 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 Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer Commented [AS15]: Added here to match what was in parallel FWHCA language Item 8(a)(iv) Wetlands Page 7/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. Disturbance Required Measures to Minimize Impacts • 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 Table 18.22.730(1)(cd). Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(bc) Measures Wetland Category Habitat Function High Impact Buffer Width I 8 – 9 225 6 – 7 110 <3 – 5 75 II 8 – 9 225 6 – 7 110 <3 – 5 75 III 8 – 9 225 6 – 7 110 3 – 5 60 IV all 40 (107) Averaging Buffer Widths. Upon submission of a wetland evaluation report prepared 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 average wetland buffer widths on a case-by-case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.740 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following shall applycriteria 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) The total area contained within the buffer after averaging is no less than that which would be contained within the prescribed buffer, and the buffer boundary remains more or less parallel to the wetland boundary; (c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer boundary considers variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer; Commented [AS16]: Added here to match what was in parallel FWHCA language Item 8(a)(iv) Wetlands Page 8/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width; (e) The buffer width was not already 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, 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. (g) The proposal meets the buffer averaging criteria found in Section 18.22.250(1) JCC. (118) 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. A Reasonable Use Variance shall be required if any of the CASP provisions cannot be met. (129) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a wetland. Supporting documents 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)] (10) Drainage and Erosion Control. In addition to complying with the stormwater requirements of Chapter 18.22 JCC, the applicant must clearly show in the wetland report that stormwater quantity, quality, and flow path post- construction will be comparable to pre-construction conditions. (11) Voluntary Restoration. Wetlands and associated buffers that have 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. Jefferson County shall provide information or technical expertise, where possible, in facilitating restoration of a wetland or buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. Voluntary restoration requires a permit, and prior to issuance of a county permit to restore a wetland or buffer, the property owner shall agree to undertake restoration activities or authorize such activities to occur, through an appropriate, approved legal device, such as a conservation easement that is granted to a conservation program, or by legal, written agreement with restoration agencies or groups. The legal device shall be recorded at the Jefferson County Auditor’s Office. This provision shall be limited to actions taken prior to June 1994 or lawfully conducted under a previous county critical areas ordinance; it shall not be used for violations or compliance cases conducted by a current or previous property owner. (12) Utilities. Placement of utilities (serving one parcel/development) within wetlands and their associated buffers may be allowed pursuant to the following standards: (a) A habitat report and site plan shall be submitted that show the impacts to the wetlands and their associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation. Commented [AS17]: Wondering if this should be removed from here (and from 530 and 630) and relocated to requirements for reports under Article IX (18.22.905)? Commented [GB18]: Moved utilities, roads, & outdoor recreation & trails from regulated activities to protection standards Item 8(a)(iv) Wetlands Page 9/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (b) Construction of utilities may be permitted in wetlands and their associated buffers 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 wetlands and their associated buffers 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 wetlands or their associated buffers shall require a Critical Area Variance. (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/Street Expansion. The expansion of a legally established private or public road may be allowed in wetlands and their associated buffers provided it complies with the following minimum development standards: (a) A habitat report and site plan shall be submitted that show the impacts to the wetlands and their associated buffers 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/street expansion above, the establishment of a new public or private road is subject to Critical Area Variance. (15) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly affect the function of the wetlands and their associated buffers (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in wetlands and their associated buffers provided they comply with the following minimum development standards: (a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; (b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; Commented [GB19]: New roads were changed from allowed meeting standards to requiring a Critical Area Variance, which is a Type III permit requiring a public hearing. Item 8(a)(iv) Wetlands Page 10/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within the wetland buffer to minimize impacts to wildlife, fish, or their habitat; and (d) Private trails may be permitted within the wetland buffer provided that they do not exceed three feet in width and are designed to minimize the impact to wetlands and their associated buffers. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles. (e) The size, configuration and surfacing of regional and public trails within a wetland buffer shall be determined through a Type II Administrative Variance. This shall also include the submission of a mitigation plan prepared by wetland biologist. 18.22.740 Impact assessment and mMitigation. 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 activity 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; (f) Monitoring the required compensation and taking appropriate corrective measures when necessary. (2) Impact Assessment. All potential impacts to wetlands and buffers must be identified and described in the wetland report. Impact assessments shall be made based on requirements in Article IX (special reports). (23) 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, 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: Commented [GB20]: Removed the requirement that trails were limited to the outer 25% of the wetland buffer Commented [GB21]: Specified the requirements and process for establishing regional trail for public non-vehicle access within wetland buffers Item 8(a)(iv) Wetlands Page 11/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. Table 18.22.740(1) Required Replacement Ratios for Compensatory Wetland Mitigation Category and Type of Wetland Impacts Reestablishment or Creation Rehabilitation Only1 Reestablishment or Creation (R/C) and Rehabilitation (RH)1 Reestablishment or Creation (R/C) and Enhancement (E)1 Enhancement 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 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. Proposals that fall 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. (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 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. Item 8(a)(iv) Wetlands Page 12/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (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 Wetland Buffer Mitigation – General Requirements. (a) Wetland 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 wetland buffers that are well-developed, well-established, and/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. (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 clearing, grading, or land-disturbing activity 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. (35) Compensatory Wetland and Wetland 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 wetlands specialist documents 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 wetlands 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 Item 8(a)(iv) Wetlands Page 13/13 The Jefferson County Code is current through Ordinance 1-24, passed April 8, 2024. (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 subdrainage 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. (46) In-Lieu 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 County 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 county 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 requirements and the applicable approved in-lieu fee program instrument. [Ord. 9-20 § 2 (Appx. B)1; Ord. 5-20 § 2 (Appx. A)]