Chapter 17.17 WETLANDS

A. It is the policy of the city to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses that are unavoidable.

B. The purposes of this chapter are to protect the public health, safety, and welfare by:

1. Preventing the adverse impacts of development within and adjacent to wetlands;

2. Protecting the public against losses from:

a. Unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels;

b. Publicly funded mitigation of avoidable impacts; and

c. Cost for public emergency rescue and relief operations;

3. Alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands;

4. Providing city officials with information to evaluate, approve, condition, or deny public or private development proposals;

5. Implementing the policies of the Growth Management Act, the State Environmental Policy Act, Chapter 43.21C RCW, city comprehensive plan, as updated, and all other present and future city environmental and community plans and programs; and

6. Preventing the net loss of wetland functions and values.

C. It is the intent of the city that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by:

1. Impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands;

2. Increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid waste at inappropriate sites; creation of unstable fills; or the destruction of wetland soils and vegetation;

3. Increasing erosion;

4. Decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those that are rare, endangered, threatened, or of local significance;

5. Interfering with the exchange of nutrients needed by fish and other forms of wildlife;

6. Decreasing habitat for fish and other forms of wildlife;

7. Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies;

8. Significantly altering wetland hydrology and thereby causing either short or long term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry;

9. Destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; or

10. Destroying or damaging aesthetic and property values, including significant public view sheds.

D. Best available science shall be applied to all wetlands ratings, delineation, and mitigation measures as set forth in this chapter. Sources for this science shall include the latest edition of the State Department of Ecology’s Washington State Wetland Rating System for Western Washington and the latest edition of the Department’s Guidance on Wetland Mitigation in Washington State: Parts 1 and 2. (Ord. 1566-05 § 45, 2005; Ord. 1116 § 2, 1992).

17.17.020 Definitions.

A. “Administrative authority” means those public officials authorized by this chapter to administer the provisions and employ the procedures set forth in this chapter.

B. “Applicant” means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

C. “Best management practices” means conservation practices or systems of practices and measures that:

1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment;

2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands.

D. “Categories I, II, III, IV wetlands” means the category applied to the wetland consistent with the Washington State Wetland Rating System for Western Washington—2014 Update (Ecology Publication #14-06-029, October 2014) or as thereafter revised and approved by Ecology. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland may naturally change thereafter, or as the wetland may change in accordance with permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications. The criteria for the rating system are:

Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than one acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger than one acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score eight or nine habitat points and are larger than one acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions.

Category II. Category II wetlands are: (1) estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre; (2) interdunal wetlands larger than one acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points).

Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well-planned mitigation project; and (3) interdunal wetlands between one-tenth and one acre. 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.

Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree.

E. “Compensation project” means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions.

F. “Compensatory mitigation” means replacing project-induced wetland losses or impacts, and includes, but is not limited to, the following:

1. Restoration. Actions performed to reestablish wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area where a wetland formerly existed, but which no longer meets the definition of a wetland.

2. Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist.

3. Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.

G. “Conservation easement” means a reservation or encumbrance on a particular piece of real property that precludes building improvement(s) intended for human habitation or other structures or activities that would frustrate the primary purpose of the easement as a buffer.

H. “Critical habitat” means habitat necessary for the survival of endangered, threatened, rare, sensitive or monitor species.

I. “Developable area” means land outside of wetlands and wetland buffers.

J. “Development proposal” means all activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential permit; franchise right-of-way permit; grading and clearing permit; mixed use approval; planned unit development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any subsequently required permit or approval not expressly exempted by this chapter.

K. “Emergent wetland” means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.

L. “Existing and ongoing agriculture” includes those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock farms or drainage ditches, operation and maintenance of ditches, irrigation systems, irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.

M. “Exotic” means any species of plants or animals that are foreign to the planning area.

N. “Extraordinary hardship” means strict application of this chapter and/or programs adopted to implement this chapter by the city would prevent all reasonable use of the parcel.

O. “Federal manual for identifying and delineating jurisdictional wetlands” means the approved federal wetland delineation manual and applicable regional supplement.

P. “Forested wetland” means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height.

Q. “Functions, beneficial functions, or functions and values” means the beneficial roles served by wetlands including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

R. “High intensity land use” includes land uses which are associated with moderate or high levels of human disturbance or substantial wetland impacts including, but not limited to, residential densities higher than four units per acre, multifamily residential, active recreation, and commercial and industrial land uses.

S. “High quality wetlands” are those regulated wetlands which meet the following criteria:

1. No, or isolated, human alteration of the wetland topography;

2. No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration;

3. Low cover and frequency of exotic plant species;

4. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance;

5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and

6. No known major water quality problems.

T. “Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplement.

U. “Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplement.

V. “In-kind compensation” means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in-category.”

W. “Isolated wetlands” means those regulated wetlands which:

1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and

2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

X. “Low intensity land use” includes land uses which are associated with low levels of human disturbance or low wetland impacts, including, but not limited to, passive recreation, open space, or most types of agricultural or forest management land uses.

Y. “Major structures and improvements” means projects which require a threshold determination and environmental documentation under the city’s environmental policy act.

Z. “Maps and inventory” means that series of maps maintained by the city department of community development for the purpose of graphically depicting the boundaries of wetland, and the associated report entitled, “Wetland Inventory, City of Fife” of October 1991.

AA. “Mitigation” includes avoiding, minimizing or compensating for adverse impacts. Mitigation for individual actions may include a combination of measures. Mitigation, in the following order of preference, is:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

6. Monitoring the impact and the compensation project and taking appropriate corrective measures.

BB. “Monitor species” means taxa of potential concern; species that are managed by the Washington Department of Fish and Wildlife as needed, and are classified as such for one or more of the following reasons:

1. They were classified as endangered, threatened, or sensitive within the previous five years.

2. They require habitat that is of limited availability during some portion of their life cycle.

3. They are indicators of environmental quality.

4. There are unresolved taxonomic questions that may affect their candidacy for listing as endangered, threatened, or sensitive species.

CC. “Native vegetation” means plant species which are indigenous to the area in question.

DD. “Off-site compensation” means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity.

EE. “On-site compensation” means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity.

FF. “Out-of-kind compensation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category.”

GG. “Practicable alternative design” means an alternative project design that is reasonable and capable of being carried out after taking into consideration: cost, existing technology, and logistics in light of overall project purposes, and having less impacts on wetlands. It includes, but is not limited to: reducing density, phasing of project development, change in timing of activities, revision of road and utility and lot layout.

HH. “Qualified wetland professional” means a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

II. “Regulated activities” means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer:

1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;

2. The dumping, discharging, or filling with any material;

3. The draining, flooding, or disturbing of the water level or water table;

4. The driving of pilings;

5. The placing of obstructions;

6. The construction, reconstruction, demolition, or expansion of any structure;

7. The destruction or alteration of wetlands vegetation that would alter the character of a regulated wetland; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or

8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland water sources, including quantity, or the introduction of pollutants.

JJ. “Regulated wetlands” mean the following: All Category I and II wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category III and IV wetlands less than 1,000 square feet; provided, that a qualified wetland professional submits a critical areas report verifying the wetland (1) is not associated with riparian areas or buffers, or (2) is not part of a wetland mosaic, or (3) does not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife or species of local importance identified in Chapter 17.15 FMC. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, Fife shall consider the approved federal wetland delineation manual and applicable regional supplements.

KK. “Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design are not included in this definition.

LL. “Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata.

MM. “Serviceable” means presently usable.

NN. “Unavoidable and necessary impacts” are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project.

OO. “Water-dependent” means requiring the use of surface water that would be essential to fulfill the purpose of the proposed project.

PP. “Wetland” or “wetlands” means 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 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. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

QQ. “Wetland buffer” or “wetland buffer zone” is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland.

RR. “Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter. (Ord. 1924 § 5, 2015; Ord. 1804 § 1, 2012; Ord. 1566-05 § 46, 2005; Ord. 1116 § 3, 1992).

17.17.030 Abrogation and greater restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter provides more protection to wetlands, the provisions of this chapter shall prevail unless specifically provided otherwise in this chapter. (Ord. 1116 § 4, 1992).

17.17.040 Interpretation.

The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve policies, goals and purposes of this chapter. (Ord. 1116 § 5, 1992).

17.17.050 Scope.

The city shall not grant any approval or permission to conduct a regulated activity in a wetland unless the activity is in compliance with this chapter or unless the activity is expressly exempted by this chapter. (Ord. 1116 § 6, 1992).

17.17.060 Applicability.

A. For the purposes of this chapter, development proposals include proposals which require any of the following: building permit; land clearing, grading, or filling permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; conditional use permit; variance; zoning amendment (rezone); subdivision; short plat; any other land use approvals required by the FMC.

B. For the purposes of this chapter, regulated activities in wetlands include: the removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; dumping, discharging, or filling with any material; draining, flooding, or disturbing of the water level or water table; driving of pilings; placing of water obstructions; construction, reconstruction, demolition, or expansion of any structure; destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a wetland; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules, or otherwise permitted by this chapter; activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants.

C. The following uses shall be allowed within a wetland to the extent that the uses are not prohibited by any other chapter or law and provided they are conducted using best management practices, except where such activities result in the conversion of a wetland to a use to which it was not previously subjected:

1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife including activities undertaken for purposes of habitat enhancement that is part of an enhancement project which has received prior written approval from the city and any other agency with jurisdiction over such activity;

2. Outdoor recreational activities, including hunting, fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling. The development of horseback riding, hiking, and bicycling trails shall not be considered an allowed activity;

3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions or water sources. Commercial harvesting of wild crops shall not be considered an allowed use;

4. Existing and ongoing agricultural activities including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the hydrological regime are necessary to resume operations;

5. The maintenance of drainage ditches;

6. Education, scientific research, and use of nature trails;

7. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. In every case, impacts shall be minimized and disturbed areas shall be immediately restored;

8. Emergency repair or construction activities, or vegetation harvesting (mowing) that the city determines to be necessary to protect the health, safety, or welfare of area residents; and

9. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road. (Ord. 1116 § 7, 1992).

17.17.070 Maps and inventory.

The approximate location and extent of wetlands in the city are shown on adopted critical area maps, including city maps and National Wetlands Inventory maps. Additionally, soil maps produced by the United States Department of Agriculture Natural Resources Conservation Service may be used to help identify potential wetland areas. These maps are to be used as a guide for the city, project applicants, and/or property owners, and shall be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. The exact location of a wetland’s boundary shall be determined through the performance of a field investigation by a qualified professional applying the latest edition of the approved federal wetland delineation manual and applicable regional supplement as required by RCW 36.70A.175. (Ord. 1924 § 6, 2015; Ord. 1566-05 § 47, 2005; Ord. 1116 § 8, 1992).

17.17.080 Permit requirements – Compliance.

Except as specifically provided by this chapter, no regulated activity shall occur or be permitted to occur within a wetland without a written permit from the community development director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this chapter, other applicable regulations, and any terms or conditions of said permit. All activities that are not allowed or permitted shall be prohibited. (Ord. 1116 § 9, 1992).

17.17.090 Critical area permits – Extensions.

Application for a wetland permit to conduct any activity not specifically allowed by this chapter within a wetland shall be made to the city on forms furnished by the city. Permits shall normally be valid for a period of one year from the date of issue and shall expire at the end of that time unless a longer or shorter period is specified by the community development director upon issuance of the permit. An extension of an original permit may be granted upon written request to the director by the original permit holder or the successor in title. Prior to the granting of an extension, the director shall require updated studies if, in the director’s judgment, the original intent of the permit is altered or enlarged by the renewal, if the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit. (Ord. 1116 § 10, 1992).

17.17.100 Pre-permit consultations.

Any person intending to apply for a wetland permit is encouraged, but not required, to meet with the community development director during the earliest possible stages of project planning in order to discuss impact avoidance and minimization, and compensation before large commitments have been made to a particular design. Effort put into pre-application consultations and planning will help applicants create projects which will be more quickly and easily processed. (Ord. 1116 § 11, 1992).

17.17.110 Permit information requirements.

The community development director is authorized to adopt written information requirements for wetland permits, including a critical areas report as set forth in Chapter 17.05 FMC. Unless the director waives one or more of the following information requirements, applications for a wetland permit under this chapter include, but are not limited to, the following information:

A. A description of the project and maps at a scale no smaller than one inch equals 400 feet showing the entire parcel of land owned by the applicant and the wetland on the parcel and all wetlands and recommended buffers within 300 feet of the project area, as well as all shoreline areas, water features, floodplains and other critical areas and related buffers within 300 feet of the project area;

B. A description of the vegetative cover of the critical area and adjacent area including dominant species;

C. A site plan for the proposed activity at a scale no smaller than one inch equals 400 feet showing the location, width, depth and length of all existing and proposed structures, roads, sewage treatment, and installations within and adjacent to wetlands;

D. The exact sites and specifications for all regulated activities including the amounts and methods;

E. Elevations of the site and adjacent lands within the wetlands at contour intervals of no greater than two feet;

F. Typical cross-section views of the wetlands to scale;

G. The purposes of the project and an explanation why the proposed activity cannot be located at other sites including an explanation of how the proposed activity is dependent upon wetlands;

H. A study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards;

I. Documentation of the ecological, aesthetic, economic, or other values of the wetlands, including a discussion of the methodology used;

J. Mitigation plan which includes baseline information, environmental goals and objectives, performance standards, detailed construction plans, a monitoring program, and a contingency plan. (Ord. 1566-05 § 48, 2005; Ord. 1116 § 12, 1992).

17.17.130 Notification to affected parties.

Upon receipt of the completed permit application for a significant project, the community development director shall notify the individuals and agencies, including the Puyallup Indian Tribe and federal and state agencies having jurisdiction over or an interest in the matter to provide such individuals and agencies an opportunity to comment. This notification may be in the form of the distribution of State Environmental Policy Act (SEPA) threshold determinations. (Ord. 1116 § 14, 1992).

17.17.140 Granting permits.

A permit shall only be granted if the permit for the proposed activity, as conditioned:

A. Is consistent with the purposes and intent of this chapter; and

B. Avoids adverse impacts to wetlands or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and

C. Is compatible in design, scale, and use, with other development or potential development in the area; and

D. Utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the wetland. (Ord. 1116 § 15, 1992).

17.17.150 Sensitive area management tracts.

As a condition of any permit issued pursuant to this chapter, the permit holder shall be required to create a separate sensitive area management tract containing the areas determined to be wetlands. Sensitive area management tracts are legally created tracts containing wetlands, and compensation areas that shall remain undeveloped in perpetuity, except for allowed activities pursuant to this chapter. Sensitive area management tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. (Ord. 1116 § 16, 1992).

17.17.160 Protection of sensitive area management tracts.

The director shall require, as a condition of any permit issued pursuant to this chapter, that the sensitive area management tracts be protected and maintained in perpetuity by a sensitive area management easement which must be recorded with the Pierce County auditor prior to the commencement of any activity pursuant to the terms of the permit. In addition, an entity that will be responsible for the maintenance and protection of the sensitive area tract must be designated as part of the permit. (Ord. 1116 § 17, 1992).

17.17.170 Marking during construction.

The location of the outer extent of the wetland and the areas to be disturbed pursuant to an approved permit shall be marked in the field to prevent unnecessary disturbance by individuals and equipment during the development or construction of the permitted activity. Such field marking shall be approved by the community development director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. (Ord. 1116 § 18, 1992).

17.17.180 Permanent marking of management tract.

The boundary of a sensitive area management tract must be permanently identified by signs, the location, size, and wording of which must be approved by the building official. These signs should be worded as follows:

Protection of this natural wetland area is in your care. Alteration or disturbance is prohibited by law. Please call the city of Fife, department of community development, for more information.

(Ord. 1116 § 19, 1992).

17.17.190 Additional requirements.

The community development director may attach such additional conditions to the granting of a permit as deemed necessary to assure the preservation and protection of affected wetland and to assure compliance with the purposes and requirements of this chapter. These conditions include, but are not limited to, fencing, educational signage, and other passive recreational amenities. (Ord. 1116 § 20, 1992).

17.17.200 Deed restrictions.

The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing sensitive area management tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area management tract except for allowed activities and regulated activities allowed by a permit issued pursuant to this chapter. (Ord. 1116 § 21, 1992).

17.17.210 Site analysis.

A. The exact location of the wetland boundary shall be determined by the applicant through the performance of a field investigation applying the wetland definitions contained in this chapter. Qualified professional and technical scientists shall perform wetland delineations using the approved federal wetland delineation manual and applicable regional supplements. The results of the site analysis shall be placed on a map showing the wetlands to scale and the map shall be submitted as part of the permit application.

B. The community development director, when requested by the applicant, may waive the delineation of the boundary requirement for the applicant and, in lieu of delineation by the applicant, perform the delineation. The community development director shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. The applicant shall be charged for the costs incurred as part of his permit application fee.

C. Where the community development director performs a wetland delineation at the request of the applicant, such delineation shall be considered a final determination.

D. Where the applicant has provided a delineation of the wetland boundary, the community development director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the community development director shall, at the applicant’s expense, obtain expert services to render a final delineation. (Ord. 1924 § 7, 2015; Ord. 1116 § 22, 1992).

17.17.220 Exempted wetlands.

Category III and IV wetlands less than 1,000 square feet or less are exempt from the buffer provisions contained in this chapter and the normal mitigation sequencing process in FMC 17.05.087, provided the following is verified by a qualified wetland professional, with the submission of a critical areas report:

A. All isolated Category III and IV wetlands less than 1,000 square feet that:

1. Are not associated with riparian areas or buffers;

2. Are not part of a wetland mosaic;

3. Do not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife or species of local importance identified in Chapter 17.15 FMC. (Ord. 1924 § 8, 2015; Ord. 1116 § 23, 1992).

17.17.230 Required buffer depths.

A. Buffer Requirements. The buffer widths in Table 1 have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State wetland rating system for western Washington.

1. The use of the buffer widths requires the implementation of the measures in Table 2, where applicable, to minimize the impacts of the adjacent land uses.

2. If an applicant chooses not to apply the mitigation measures in Table 2, then a 33 percent increase in the width of all buffers is required. For example, a 75-foot buffer with the mitigation measures would be a 100-foot buffer without them.

3. The buffer widths assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer shall either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

Table 1: Wetland Buffer Requirements for Western Washington
	Buffer width (in feet) based on habitat score
Wetland Category	3 - 4	5	6 - 7	8 - 9
Category I: Based on total score	75	105	165	225
Category I: Bogs and Wetlands of High Conservation Value	190			225
Category I: Coastal Lagoons	150		165	225
Category I: Forested	75	105	165	225
Category I: Estuarine	150 (buffer width not based on habitat scores)
Category II: Based on Score	75	105	165	225
Category II: Estuarine	110 (buffer width not based on habitat scores)
Category III (All)	60	105	165	225
Category IV (All)	40

Table 2: Required Measures to Minimize Impacts to Wetlands

(Measures are required, where 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’ 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 ft 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
	• 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
Disruption of corridors or connections	• Maintain connections to off-site areas that are undisturbed
	• Restore corridors or connections to off-site habitats by replanting

(Ord. 1924 § 9, 2015; Ord. 1116 § 24, 1992).

17.17.240 Buffers in natural state.

Wetland buffer zones shall be retained in their natural condition. Where buffer disturbance is unavoidable during adjacent construction, re-vegetation will be required with native plant materials. (Ord. 1924 § 10, 2015; Ord. 1116 § 25, 1992).

17.17.250 Nonconforming structures and uses.

Nonconforming uses and structures are to be discouraged. A use or structure established prior to the effective date of this chapter which does not conform to standards set forth herein is allowed to continue and be reasonably maintained; provided, that such use or structure shall not be expanded or enlarged in any manner that increases the extent of its nonconformity. If a use is discontinued for more than two months, then all subsequent use must be in conformance with the provisions of this chapter. If any building is vacant for more than six months, then any future use of the building must be in conformance with the provisions of this chapter. (Ord. 1116 § 26, 1992).

17.17.260 Increased wetland buffer zone width.

The community development director shall require increased standard buffer zone widths on a case by case basis when a larger buffer is necessary to protect wetlands functions and values based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that:

A. A larger buffer is necessary to maintain viable populations of existing species; or

B. The wetland is used by species proposed or listed by the federal government or the state as endangered, threatened, rare, sensitive or monitor, critical or outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or

C. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or

D. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. (Ord. 1116 § 27, 1992).

17.17.270 Reduction of standard wetland buffer zone width.

Repealed by Ord. 1924. (Ord. 1116 § 28, 1992).

17.17.280 Standard wetland buffer width averaging.

Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following:

A. That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property, which does not qualify for a reasonable use exception;

B. That the wetland contains variations in sensitivity due to existing physical characteristics;

C. That low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism;

D. That width averaging will not adversely impact the wetland functional values; and

E. That the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 25 percent of the standard buffer or be less than 25 feet. (Ord. 1924 § 12, 2015; Ord. 1116 § 29, 1992).

17.17.290 Permitted uses in a wetland buffer zone.

A. Regulated activities shall not be allowed in a buffer zone except for the following:

1. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing or hunting; or

2. With respect to Category III and IV wetlands, only low impact development facilities having no reasonable alternative location.

B. The community development director may impose such conditions on the above referenced uses as is necessary to protect the integrity of the wetland and to fulfill the policies’ purposes, and further the goals set forth in this chapter. (Ord. 1954 § 27, 2016; Ord. 1924 § 13, 2015; Ord. 1116 § 30, 1992).

17.17.300 Reasonable use exception.

A. If the application of this chapter would deny all reasonable use of the properties affected by this chapter, development may be allowed which is consistent with the general purposes of this chapter and the public interest; provided, that the community development director, after consultation with the city attorney, finds that:

1. This chapter would otherwise deny all reasonable use of the property;

2. There is no other reasonable use with less impact on the wetland;

3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the property;

4. Any proposed alteration of the wetland is the minimum necessary to allow for reasonable use of the property;

5. There is no feasible on-site alternative, including reduction in density and site-planning considerations; and

6. The inability to derive reasonable economic use from the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this chapter.

B. Minimizing Wetlands Impacts.

1. After it has been determined by the community development director that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts.

2. Minimizing impacts to wetlands shall include but is not limited to:

a. Limiting the degree or magnitude of the regulated activity;

b. Limiting the implementation of the regulated activity;

c. Using appropriate and best available technology;

d. Taking affirmative steps to avoid or reduce impacts;

e. Sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers;

f. Involving resource agencies early in site planning; and

g. Providing protective measures such as siltation curtains, hay bales and other siltation prevention measures, scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, nesting or spawning activities. (Ord. 1116 § 31, 1992).

17.17.310 Limited density transfer.

A. For development proposals on lands containing wetland buffers, the community development director shall determine allowable dwelling units for residential development proposals based on the formulas below.

B. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located.

C. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to:

(Acres in Wetland Buffer) x (DU/Acre) x (Density Credit)

The density credit figure is derived from the following table:

Percentage of Site

in Buffers Density Credit

1 – 10% 100%

11 – 20% 90%

21 – 30% 80%

31 – 40% 70%

41 – 50% 60%

51 – 60% 50%

61 – 70% 40%

71 – 80% 30%

81 – 90% 20%

91 – 99% 10%

D. The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized; provided, that the resultant lot is of sufficient size for an on-site waste disposal system if no sanitary sewer system exists.

E. The community development director shall not allow credit for density for the portions of the site occupied by wetlands. (Ord. 1116 § 32, 1992).

17.17.320 Compensatory mitigation.

As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to FMC 17.05.100, the community development director shall require that the applicant engage in the restoration, creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant’s actions. The applicant shall develop a plan that provides for land acquisition (if necessary), construction, maintenance and monitoring of replacement wetlands that provides equal or greater functions and values as the original wetlands. The overall goal of any compensatory project shall be no net loss of wetland functions and values and to strive for a net resource gain in wetland functions and values over present conditions. Compensation should be completed prior to wetland alteration, where possible. (Ord. 1116 § 33, 1992).

17.17.330 Compensatory mitigation performance standards.

Compensatory mitigation shall follow an approved mitigation plan and shall meet the following minimum performance standards:

A. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the community development director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall:

1. Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the proposed mitigation project;

2. Demonstrate the capability for monitoring the site and to make corrections during the monitoring period if the project fails to meet projected goals; and

3. Protect and manage or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long term persistence of the compensation area.

B. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland professional using the best available techniques. (Ord. 1924 § 14, 2015; Ord. 1116 § 34, 1992).

17.17.340 Compensatory mitigation wetland type.

A. In-kind compensation shall be provided except where the applicant can demonstrate that:

1. The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value;

2. Scientific problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or

3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types).

B. Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. (Ord. 1116 § 35, 1992).

17.17.350 Wetlands enhancement.

A. Any applicant proposing to alter wetlands may propose to enhance existing degraded wetlands or restore a site to its former wetland condition in order to compensate for wetland losses. Applicants proposing to enhance or restore wetlands shall identify how enhancement conforms to the purpose and intent of this chapter.

B. A wetlands enhancement compensation project shall be determined pursuant to this section; provided, that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values; and provided further, that Category I wetlands shall not be enhanced. (Ord. 1116 § 36, 1992).

17.17.360 Wetlands creation.

A. Any person proposing to alter wetlands may propose to create wetlands of equivalent areas or greater functions and values than those altered in order to compensate for wetland losses.

B. Where feasible, created wetlands should be a higher category than the altered wetland.

C. Acreage Replacement Ratio. The following ratios apply to creation which is in kind, on-site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered:

Category and Type of Wetland	Creation or Re-establishment	Rehabilitation	Enhancement
Category I: Bog, Natural Heritage site	Not considered possible	Case by case	Case by case
Category I: Mature Forested	6:1	12:1	24:1
Category I: Based on Functions	4:1	8:1	16:1
Category II	3:1	6:1	12:1
Category III	2:1	4:1	8:1
Category IV	1.5:1	3:1	6:1

(Ord. 1924 § 15, 2015; Ord. 1116 § 37, 1992).

17.17.370 Increased replacement ratio.

The community development director may increase the ratios for wetland enhancement, restoration, or creation projects under the following circumstances:

A. Uncertainty as to the probable success of the proposed enhancement, restoration or creation; or

B. Significant period of time between destruction and replacement of wetland functions and values; or

C. Projected losses in functional value; or

D. Off-site compensation. (Ord. 1116 § 38, 1992).

17.17.380 Decreased replacement ratio.

The community development director may decrease these ratios if:

A. Findings of special studies coordinated with agencies with expertise demonstrate that no net loss of wetland function or value is attained under the decreased ratio;

B. If a compensatory mitigation project is undertaken adjacent to riverine or wetland systems and increases the functions and values of these systems; or

C. If compensatory mitigation successfully occurs in advance of the proposed wetland altering activity. (Ord. 1116 § 39, 1992).

17.17.390 Location of wetland compensatory mitigation.

A. On-site compensation should be provided except where the applicant can demonstrate that:

1. On-site mitigation would require elimination of high-quality upland habitat; and

2. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland; or

3. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be significantly adversely impacted by the on-site loss; and

4. On-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; and

5. Off-site mitigation has a higher likelihood of success; or

6. Compensation is not practical due to potentially adverse impacts from surrounding land uses; and impacted functions are not limited in the basin and an off-site location can provide function to offset the loss; or

7. That local or regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site; or

8. For large public works projects or large infrastructure projects, credits are used from a wetland bank or in lieu fee program.

B. Off-site compensation shall occur within the same watershed as the wetland loss occurred; provided, that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative and local or regional environmental goals are furthered by this action.

C. In selecting compensation sites, applicants shall pursue siting in the following order of preference:

1. Degraded wetland sites;

2. Upland sites which were formerly wetlands;

3. Upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation;

4. Other disturbed upland sites. (Ord. 1924 § 16, 2015; Ord. 1116 § 40, 1992).

17.17.400 Timing of wetland compensatory mitigation.

A. Where feasible, compensatory projects should be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands.

B. In all other cases, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation.

C. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. (Ord. 1116 § 41, 1992).

17.17.410 Cooperative restoration, creation or enhancement projects.

A. The community development director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances:

1. Restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or

2. Creation of one or several larger wetlands may be preferable to many small wetlands.

B. Persons proposing cooperative compensation projects shall:

1. Submit a joint mitigation plan;

2. Demonstrate compliance with all standards;

3. Demonstrate the organizational and fiscal capability to act cooperatively; and

4. Demonstrate that long term management can and will be provided. (Ord. 1116 § 42, 1992).

17.17.420 Mitigation plans for wetland compensatory mitigation.

A. All wetland enhancement, restoration, or creation projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared by qualified wetland professionals approved by the community development director. The applicant or violator shall receive written approval of the mitigation plan by the director prior to commencement of any wetland restoration, creation or enhancement activity.

B. Unless the director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components:

1. Baseline Information. A written assessment and accompanying maps drawn to an appropriate scale of the:

a. Impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations.

b. Impacted wetland functions and values shall be described using the system described in this chapter.

c. Compensation site, if different from the impacted wetland site, including at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership.

2. Environmental Goals and Objectives. A written report shall be provided identifying goals and objectives and describing:

a. The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals, identification of target evaluation species and resource functions, dates for beginning and completion, and a complete description of the structural and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland or if out-of-kind, the type of wetland to be emulated; and

b. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and groundwater supply and flow patterns, dynamics of the wetland ecosystem, sediment or pollutant influx and/or erosion, periodic flooding and drought, etc., presence of invasive flora or fauna, potential human or animal disturbance, and previous comparable projects, if any.

3. Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project are met and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria.

4. Detailed Construction Plans. Written specifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details, erosion and sediment control features needed for wetland construction and long term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s).

5. Monitoring Program.

a. A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to:

i. Establishing vegetation plots to track changes in plant species composition and density over time;

ii. Using photo stations to evaluate vegetation community response;

iii. Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals);

iv. Measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate;

v. Measuring sedimentation rates, if applicable; and

vi. Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity.

b. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years. For example, 10 years or more of monitoring are needed for forested and scrub-shrub communities.

6. Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.

7. Permit Conditions. Any compensation project prepared pursuant to this section and approved by the community development director shall become part of the application for the permit.

8. Demonstration of Competence. A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. (Ord. 1924 § 17, 2015; Ord. 1116 § 43, 1992).