HomeMy WebLinkAboutc clean version of Wetland section 6-11-25Article VII. Wetlands Page 1/14
June 11, 2025
Yellow highlights are comments from Emily Atkins, Critical Areas Ordinance Coordinator with the Shorelands
and Environmental Assistance Program of the WA State Dept of Ecology received on June 6, 2025
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 processes of freshwater and estuarine wetlands throughout Jefferson County.
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.
Article VII. Wetlands Page 2/14
(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 six 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
18.22.720 Regulated activities.
(1) Activities Subject to Regulation. Any land use or development activity shall be subject to the provisions of this article, including, but not limited to, the following activities that are directly undertaken or originate in a regulated
wetland or wetland buffer, unless exempted under JCC 18.22.230:
Article VII. Wetlands Page 3/14
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 legal 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) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) Vegetation within wetlands or buffers 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 wetlands or buffers without prior review and approval by the department
is prohibited.
(c) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be
retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be pruned.
(d) Damage to vegetation retained during initial clearing activities shall be minimized by directional felling of trees to avoid critical areas and vegetation to be retained.
(4) Wetland Ratings to establish buffer 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 buffers 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).
Article VII. Wetlands Page 4/14
(5) Buffer Marking. To ensure that buffers are not impacted by adjacent development or land disturbing activity, DCD may require the following:
(a) The marking or flagging of the edge of the wetland or its associated buffer
(b) A building setback line of 5 feet is required from the edge of any buffer area; however, nonstructural
improvements such as septic drain fields may be located within setback areas.
(c) the location of the critical area and buffer shown on all approved site plans adjacent to proposed
development or land disturbing activity.
(d) Permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that
development or land disturbing activity does not encroach upon buffers.
(e) 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.
(f) 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.
(6) 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 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 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.
Article VII. Wetlands Page 5/14
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
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 wetland 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 land use intensity reduction
Lights • Lights shall be shielded to avoid be directed off the developed area, and
Article VII. Wetlands Page 6/14
Disturbance Required Measures land use intensity reduction
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 wetland buffer
Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered
• Utilize native vegetation that does not require fertilizer or pesticides, or require a statement on all approved site plans for development proposal 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 wetland buffers are required to utilize Best Management Practices to treat stormwaters
• Prevent channelized flow from lawns that directly enters the buffer
• 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
• 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
Article VII. Wetlands Page 7/14
(8) Averaging Buffer Widths.
Type I buffer averaging: Upon submission of a wetland delineation, the administrator shall have the authority to average standard buffer widths on a case-by case basis up to 25 percent when the applicant demonstrates criteria (a)
to (h) are met.
(a) 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:
(i) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present.
(ii) The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or wetland and decreased adjacent to the lower functioning or less-sensitive portion.
(iii) Lower intensity land uses are located in the reduced buffer area if feasible.
(iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads
generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with
Chapter 18.30.130 JCC.
(b) 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.
(c) 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.
(d) 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).
(e) The slopes adjacent to the wetland within the buffer area are stable.
(f) Buffer averaging of buffer reductions addressed in Section 18.22.730(9) JCC are not be allowed.
(g) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall
also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to
achieve this standard. These plans shall include a 5-year monitoring plan to ensure that standards are met.
Type II Buffer averaging up to 50 percent shall review a Type II land use decision and shall require the criteria (a) to (f) above, and the modified wetland buffer shall meet the following additional criteria:
(a) A habitat management plan shall be submitted.
(b) 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
Article VII. Wetlands Page 8/14
replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard. These plans shall include a 5-year monitoring plan to ensure that standards are met.
(c) Allows for the natural movement of a stream within its floodplain or channel migration zone.
(d) Separates development from potential flooding impacts.
(e) Limits visual, auditory, and direct intrusion between critical areas and developed environments.
(f) Protects important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments.
(f) Protects wildlife movement.
(g) Does not significantly impact erosion and landslide hazard areas adjacent to the critical area.
(9) Buffer reductions: Other buffer reductions may be allowed upon submission of a wetland 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 met:
Buffer reductions in excess of those allowed in buffer averaging, or buffer reductions will be subject to a Type III variance outlined in Section 18.22.250 or critical areas stewardship plan (CASP). A variance shall be required if any of the CASP provisions cannot be met.
Below is the reduction process and criteria for wetlands
Buffer Averaging Permit Process
Up to 25% Type I permitting process
Up to 50% Type II permitting process
* *
Variances1 Buffer Reduction2 Permit Process Up to 25% Administrative Type I Variance Over 25% Type III CA Variance Footnote 1. CASPs can be utilized instead of variances 2. Buffer reduction not allowed if buffer averaging is feasible
(10) 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;
Article VII. Wetlands Page 9/14
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or
(d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than
30 percent. [Ord. 5-20 § 2 (Appx. A)]
(11) Voluntary Restoration. 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.
Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a county 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 wetlands and their
associated buffers may be allowed pursuant to the following standards:
(a) A wetland report, habitat management plan, and/or enhancement plan, as determined by DCD, shall be submitted with a site plan addressing 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.
(b) Construction of utilities, including stormwater BMP’s, 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.
(f) The installation of the utilities does not impact the hydrology of the wetland.
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.
(g) 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.
(h) 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 wetland report, habitat management plan and/or enhancement plan, as determined by DCD, shall be submitted with a site plan addressing the impacts to the wetlands and their associated buffers are
Article VII. Wetlands Page 10/14
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.
(e) The road expansion does not impact the hydrology of the wetland.
(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 within a wetland or its associated buffer 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) A wetland report, habitat management plan and/or enhancement plan, as determined by DCD, shall be submitted with a site plan addressing 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)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 wetland buffer to minimize impacts to wildlife, fish, or their habitat; and
(e) Private trails, serving one parcel or legal lot of record, 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 serving multiple parcels or subdivision shall not exceed six 6 feet in width in the wetland 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 wetland buffer shall be
determined through a Type II Administrative Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-motorized public access. This shall also
include the submission of a mitigation plan prepared by wetland biologist.
18.22.740 Impact assessment and mitigation. The overall goal of mitigation shall be no net loss of wetland function, value, and area.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated wetlands. When a proposed use or development 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.
Article VII. Wetlands Page 11/14
(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).
(3) Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or other approval
allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement action pursuant to JCC Title 19, compensatory mitigation shall be required to offset impacts resulting from the
actions of the applicant or any code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall
provide wetland mitigation that is equivalent to or larger than those altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used
for compensatory wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
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
Article VII. Wetlands Page 12/14
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
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.
(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.
Article VII. Wetlands Page 13/14
(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.
(5) 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
(vii) Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functional values.
Article VII. Wetlands Page 14/14
(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.
(6) 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)]