Chapter 18.08 CRITICAL AREAS

The ordinance codified in this chapter is intended to promote the maintenance, enhancement and preservation of critical areas and environmentally sensitive natural systems by avoiding or minimizing adverse impacts from construction and development. This chapter implements the goals and objectives of the State Growth Management Act of 1990 through the development and implementation of policies and interim regulations to manage critical areas in the public’s interest and welfare. It is not the intent of this chapter to deny a reasonable use of private property, but to assure that development on or near critical areas is accomplished in a manner that is sensitive to the environmental resources of the community. (Ord. 1036 § 5, 2006; Ord. 611 § 1, 1991).

18.08.020 Goal.

In implementing the purposes stated in GHMC 18.08.010, it is the intent of this chapter to accomplish the following:

A. Protect environmentally sensitive natural areas and the functions they perform by the careful and considerate regulation of development;

B. Minimize damage to life, limb and property due to landslides and erosion on steep or unstable slopes, seismic hazard areas and areas subject to subsidence;

C. Protect wetlands and their functions and values;

D. Protect and maintain stream flows and water quality within the streams;

E. Minimize or prevent siltation to the receiving waters of Gig Harbor Bay for the maintenance of marine water quality and the maintenance and preservation of marine fish and shellfish;

F. Preserve natural forms of flood control and stormwater storage from alterations to drainage or stream flow patterns;

G. Protect aquifer recharge areas from undesirable or harmful development;

H. Protect, maintain and enhance areas suitable for wildlife, including rare, threatened or endangered species;

I. Protect, maintain and enhance fish and wildlife habitat conservation areas within their natural geographic distribution so as to avoid the creation of subpopulations;

J. Implement the goals, policies and requirements of the Growth Management Act. (Ord. 1036 § 6, 2006; Ord. 611 § 1, 1991).

18.08.030 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Alteration” means any activity which materially affects the existing condition of land or improvements.

“Applicant” means the person, party, firm, corporation, or other legal entity that proposes any activity. The applicant is either the owner of the land on which the 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.

“Aquifer” means a subsurface, saturated geologic formation which produces, or is capable of producing, a sufficient quantity of water to serve as a private or public water supply.

“Aquifer recharge areas” means those areas which serve as critical ground water recharge areas and which are highly vulnerable to contamination from intensive land uses within these areas.

B. “Best management plan” means a plan or program developed by the local Soil Conservation District (USDA) which specifies best management practices for the control of animal wastes, stormwater runoff and erosion.

“Bluff” means a steeply rising, near vertical slope which abuts and rises from the Puget Sound shoreline. Bluffs occur in the east area of the city, fronting the Tacoma Narrows, and are further identified in the Coastal Zone Atlas, Volume 7, for Pierce County. The toe of the bluff is the beach and the top is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in a slope, the top is the line of vegetation separating the unvegetated slope from the vegetated uplands, or, if the bluff is vegetated, that point where the bluff slope diminishes to 15 percent or less.

“Buffer” means a natural area adjacent to hillsides or ravines which provides a margin of safety through protection of slope stability, attenuation of surface water flows and landslide, seismic and erosion hazards reasonably necessary to minimize risk to the public from loss of life, well-being or property damage from natural disaster.

“Building setback line” means a distance, in feet, beyond which the footprint or foundation of a building or structure shall not extend.

C. “City” means the city of Gig Harbor.

“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site which exposes the earth’s surface of the site.

“Compensatory mitigation” means mitigation for wetland losses or impacts resulting from alteration of wetlands and/or their buffers. It includes, but is not limited to, creation, enhancement and restoration.

“Contaminant” means any chemical, physical, biological or radiological material that is not naturally occurring and is introduced into the environment by human action, accident or negligence.

“Creation” means the producing or forming of a wetland through artificial means from an upland (nonwetland) site.

“Critical areas” consist of those lands which are subject to natural hazards, contain important or significant natural resources or which have a high capability of supporting important natural resources.

D. “Department” means the city department of community development.

“Designated wetland” means those lands identified through the classification process established by this chapter.

“Development” means alteration (see definition for alteration).

“DRASTIC” means a model developed by the National Water Well Association and Environmental Protection Agency and which is used to measure aquifer susceptibility to contamination.

E. “Earth/earth material” means naturally occurring rock, soil, stone, sediment, organic material, or combination thereof.

“Enhancement” means actions performed to improve the conditions of existing degraded wetlands and/or buffers so that the functions they provide are of a higher quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, removing nonindigenous plant or animal species, removing fill material or garbage).

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.

“Erosion hazard areas” means those areas which are vulnerable to erosion due to natural characteristics including vegetative cover, soil texture, slope, gradient or which have been induced by human activity. Those areas which are rated severe or very severe for building site development on slopes or cut banks, in accordance with the United States Department of Agriculture Soil Conservation Service Soil Survey for Pierce County Area (February 1979), are included within this definition.

“Excavation” means the mechanical removal of earth material or fill.

“Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use or has lain idle both more than five years and so long that modifications to the hydrological regime are necessary to resume operations, unless the idle land is registered in a federal or state soils conservation program.

F. “Fill/fill material” means a deposit of earth material, placed by human or mechanical (machine) means, and which is not defined by solid waste according to Chapter 70.95 RCW.

“Filling” means the act of placing fill material on any surface.

“Fish and wildlife habitat areas” means those areas identified as being of critical importance in the maintenance and preservation of fish, wildlife and natural vegetation including waters of the state, and as further identified in GHMC 18.08.186.

“Flood hazard areas” means those areas within the city of Gig Harbor which are determined to be at risk of having a one percent or greater chance of experiencing a flood in any one year, with those areas defined and identified on the Federal Emergency Management Administration (FEMA) flood insurance rate maps for the city of Gig Harbor.

“Floodplain development permit” means the permit required by the city flood hazard construction ordinance.

G. “Geologically hazardous areas” means those areas as designated in the city of Gig Harbor comprehensive plan as “landslide hazards,” in the Washington Department of Ecology Coastal Zone Atlas, Volume 7, and which are further defined in WAC 365-190-080(5) and this title.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Grading permit” means the permit required by the city grading and clearing ordinance.

H. “Habitat management plan” means a report prepared by a qualified wildlife biologist.

“Hazardous substance” means any material that exhibits any of the characteristics or criteria of hazardous waste, inclusive of waste oil and petroleum products, and which further meets the definitions of “hazardous waste” pursuant to Chapter 173-303 WAC.

“Hillsides” means geologic features with slopes of 15 percent or greater. The ordinance codified in this chapter provides four classes of hillsides in order to differentiate between the levels of protection and the application of development standards.

I. “In-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics and functions and values are intended to replicate those destroyed or degraded by a regulated activity.

J. Reserved.

K. Reserved.

L. “Landslide” means an abrupt downslope movement of soil, rock or ground surface material.

“Landslide hazard area” means those areas which are susceptible to risk of mass movement due to a combination of geologic, topographic and hydrologic factors.

M. “Mitigation” means to avoid, minimize, or compensate for adverse wetland impacts.

N. Reserved.

O. “Out-of-kind mitigation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity.

P. “Permanent erosion control” means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants after development, construction, or restoration.

“Person” means an individual, firm, co-partnership, association or corporation.

Q. “Qualified biologist” means a person with a minimum of a four-year degree in wildlife sciences, biology, environmental sciences, soil science, limnology or an equivalent academic background who also has at least two years of experience in stream restoration.

“Qualified wetland specialist” is a person with a minimum of a four-year degree in wildlife sciences, biology, environmental sciences, soil science, limnology or an equivalent academic background who also has experience in performing wetland delineations, analysis of wetland functions and values and project impacts, and wetland mitigation and restoration techniques. The person must be familiar with the Washington State Department of Ecology Wetland Identification and Delineation Manual (1997), which is consistent with the 1987 Federal Manual used by the U.S. Army Corps of Engineers, city grading and clearing regulations and the requirements of this chapter.

“Qualified wildlife biologist” means a person having, at a minimum, a bachelor’s degree in wildlife biology, wildlife science, wildlife ecology, wildlife management or zoology, or a bachelor’s degree in natural resource or environmental science plus 12 semester or 18 quarter hours on wildlife coursework and two years of professional experience.

R. “Ravine sidewall” means a steep slope which abuts and rises from the valley floor of a stream and which was created by the normal erosive action of the stream. Ravine sidewalls are characterized by slopes predominantly in excess of 25 percent although portions may be less than 25 percent. The base of a ravine sidewall is the stream valley floor. The top of a ravine sidewall is a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the top shall be that point where the slope diminishes to 15 percent or less.

“Restoration” means the reestablishment of a viable wetland from a previously filled or degraded wetland site.

S. “Seismic hazard areas” means those areas which are susceptible to severe damage from earthquakes as a result of ground shaking, slope failure, settlement or soil liquefaction.

“Significant impact” means a meaningful change or recognizable effect to the ecological function and value of a critical area, which is noticeable or measurable, resulting in a loss of function and value.

“Single-family dwelling” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, including mobile homes, as defined in the city zoning code.

“Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way under the applicant’s ownership or control where the proposed project impacts a critical area(s).

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio (percentage) of vertical distance to horizontal distance by the following formula: V (vertical distance)/H (horizontal distance) x 100 = % slope.

“Species of local importance” means a species of animal which is of local concern due to their population status or their sensitivity to habitat manipulation. This term also includes game species.

“Stockpiling” means the placement of material with the intent to remove at a later time.

“Stream buffer zone” means a designated area contiguous or adjacent to a stream that is required for the continued maintenance, function, and structural stability of the stream. Functions of a buffer include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, protection from intrusion, or maintenance of wildlife habitat.

“Streams” means those areas where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or are used to convey streams naturally occurring prior to construction in such watercourses. For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round.

“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland.

T. Reserved.

U. “Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas and communications.

V. Reserved.

W. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water 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, retention 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 include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

“Wetland buffer zone” means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and structural stability of the wetland. Functions of a buffer include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, protection from intrusion, or maintenance of wildlife habitat. For further information on permitted uses, see GHMC 18.08.020.

“Wetland class” means the U.S. Fish and Wildlife Service wetland classification scheme using a hierarchy of systems, subsystems, classes and subclasses to describe wetland types (refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United States for a complete explanation of the wetland classification scheme). Eleven class names are used to describe wetland and deepwater habitat types. These include: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland, unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, streambed, and reef.

X. Reserved.

Y. Reserved.

Z. Reserved. (Ord. 1036 § 7, 2006; Ord. 726 § 1, 1996; Ord. 611 § 1, 1991).

18.08.032 Best available science.

A. The Growth Management Act requires jurisdictions to include the best available science when designating and protecting critical areas. The Growth Management Act also requires the implementation of conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat (WAC 365-195-900 through 365-195-925). Anadromous fish are those that spawn and rear in freshwater and mature in the marine environment, including salmon and char (bull trout).

B. Best available science shall be used in developing policies and development regulations to protect the functions and values of critical areas. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas. The best available science is that scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. (Ord. 1036 § 8, 2006).

18.08.034 Applicability.

A. Critical Area Review. All development proposals in critical areas, whether on public or private property, shall comply with the requirements of this chapter. The community development director or his/her designee shall utilize the procedures and rules established in the city of Gig Harbor environmental policy ordinance, Chapter 18.04 GHMC, Environmental Review (SEPA), and the applicable provisions of GHMC Title 19 to implement the provisions of this chapter. Development proposals include any development project which would require any of the following:

1. Building permit for any construction;

2. Clearing and grading permit;

3. Any shoreline management permit as authorized under Chapter 90.58 RCW;

4. Site plan review;

5. Subdivision, short subdivision or planned unit development;

6. Zoning variance or conditional use permit.

B. Special Studies Required. When an applicant submits an application for any development proposal, the application shall indicate whether any critical area is located on the site. The community development director or designee shall visit the site, and in conjunction with the review of the information provided by the applicant and any other suitable information, shall make a determination as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient to adequately evaluate a proposal, the planning director shall notify the applicant that additional studies as specified herein shall be provided.

C. Appeals. A decision of the community development director to approve, conditionally approve or deny a permit, or any official interpretation in the administration of this chapter may be appealed in accordance with the procedures established under GHMC Title 19. (Ord. 1036 § 9, 2006).

18.08.038 Wetlands – Designation and mapping.

A. Pursuant to WAC 197-11-908, the city designates wetlands as critical areas defined in this chapter.

B. The approximate location and extent of critical areas are shown on the city’s critical area map. These maps are to be used as a guide and may be updated as new critical areas are identified. They are a reference and do not provide final critical area designations. Mapping sources include:

1. Areas designated on the National Wetland Inventory maps;

2. Areas which have been designated as wetlands on the Pierce County wetland atlas. (Ord. 1036 § 10, 2006).

18.08.040 Wetlands – Classification guidelines/ratings.

A. Wetland rating and classification shall be established based upon the completion of a delineation report prepared by a qualified wetland specialist to determine boundary, size, function and value. Guidelines for preparing a wetland delineation report are defined in GHMC 18.08.090 and the Department of Ecology Wetland Identification and Delineation Manual (1997), which is consistent with the 1987 Federal Manual used by the U.S. Army Corps of Engineers.

B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the Washington State Wetland Rating System for Western Washington, revised April 2004 (Ecology Publication No. 04-06-025). These documents contain the definitions and methods for determining if the criteria below are met.

1. Wetland Rating Categories.

a. Category I. Category I wetlands are those wetlands of exceptional resource value based on their functional value and diversity. Category I wetlands are:

i. Undisturbed estuarine wetlands larger than one acre;

ii. Wetlands designated by Washington Natural Heritage Program as high quality;

iii. Bogs;

iv. Mature and old-growth forested wetlands larger than one acre;

v. Wetlands in coastal lagoons;

vi. Wetlands that perform high functions (wetlands scoring 70 points or more on the Ecology wetland rating form).

b. Category II. Category II wetlands are those wetlands of significant resource value based on their functional value and diversity. Category II wetlands are:

i. Estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre; or

ii. Wetlands scoring between 51 and 69 points on the Ecology wetland rating form.

c. Category III. Category III wetlands are those wetlands of important resource value based on their functional value and diversity. Category III wetlands are wetlands with a moderate to low level of functions (wetlands scoring 30 to 50 points on the wetland rating form).

d. Category IV. Category IV wetlands are those wetlands with the lowest level of functions scoring less than 30 points on the Ecology wetland rating form. Hydrologically isolated Category IV wetlands less than 1,000 square feet are exempt as per GHMC 18.08.202(H). (Ord. 1036 § 11, 2006; Ord. 726 § 2, 1996; Ord. 628 § 1, 1992; Ord. 611 § 1, 1991).

18.08.050 Wetlands – Regulated activities.

A. Unless specifically exempted by GHMC 18.08.202, the following activities in a wetland and/or its associated buffer shall be regulated pursuant to the requirements of this chapter. The regulated activities are as follows:

1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

2. Dumping, discharging or filling with any material;

3. Draining, flooding or disturbing the water level or water table;

4. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, except repair of an existing structure or infrastructure, where the existing square footage or foundation footprint is not altered;

5. Destroying or altering vegetation through clearing, harvesting, cutting, intentional burning, shading or planting vegetation that would alter the character of a wetland;

6. Activities from construction or development that result in significant, adverse changes in water temperature, physical or chemical characteristics of wetland water sources, including quantity and pollutants.

B. Activities listed in subsection A of this section which do not result in alteration in a wetland and/or its associated buffer may require fencing along the outside perimeter of the buffer or erosion control measures. (Ord. 1036 § 12, 2006; Ord. 611 § 1, 1991).

18.08.060 Exemptions.

Repealed by Ord. 1036. (Ord. 726 § 3, 1996; Ord. 611 § 1, 1991).

18.08.070 Wetlands – Permitting process.

A. Overview. Inquiries regarding conduct of a regulated activity in a wetland can be made to the department. The department shall utilize the National Wetlands Inventory (NWI) maps and the Pierce County wetland atlas to establish general location of wetland sites. If the maps indicate the presence of a wetland, a wetland delineation report shall be filed, unless the department determines that a wetland is not on or within the site. This determination may be based on information provided by the applicant and from other sources. If the map does not indicate the presence of a wetland or wetland buffer zone within the site, but there are other indications that a wetland may be present, the department shall determine whether a wetland analysis report is required.

B. Permit Requirements. No separate application or permit is required to conduct regulated activities within a wetland or its associated buffer. Review of regulated activities within a wetland and buffers is subject to the permit processing procedure for the required permit type as defined under GHMC Title 19. The department shall utilize existing environmental review procedures, the city SEPA ordinance, Chapter 18.04 GHMC, to assess impacts to wetlands and impose required mitigation. Department review of proposed alterations to wetlands and buffer areas and a wetland mitigation plan may be required prior to issuance of a SEPA determination by the city’s responsible official.

C. Prior to submittal of a wetland delineation report, recommendation on wetland category, proposed alterations to wetlands and buffer areas, or wetland mitigation plan, the applicant may request a preapplication conference in accordance with the procedures established in GHMC 19.02.001.

D. Request for Official Determination. A request for an official determination of whether a proposed use or activity at a site is subject to this chapter must be in writing and made to the city office of community development. The request can be accompanied by a SEPA environmental checklist. The request shall contain plans, data and other information in sufficient detail to allow for determination, including a wetland delineation report. The applicant shall be responsible for providing plans and the wetland delineation report to the department.

E. A wetland analysis report shall be submitted to the department for review of a proposal for activity which lies within a wetland, or within 300 feet of a wetland. The purpose of the wetland analysis report is to determine the extent and function of wetlands to be impacted by the proposal.

F. Preliminary Site Inspection. Prior to conducting a wetland analysis report, the applicant may request that the department conduct a preliminary site inspection to determine if a wetland may be present on the proposal site. Upon receipt of the appropriate fee, the department shall make a site inspection. If the department determines that a wetland is not on the site, this shall be indicated to the applicant in writing, and a wetland analysis report shall not be required.

G. Prior to submittal of the wetland analysis report or the development of a lot which has a classified wetland, boundaries of wetlands shall be staked and flagged in the field by a qualified wetland specialist and surveyed by a licensed professional surveyor registered in the state. Field flagging shall be distinguishable from other survey flagging on the site.

H. If alteration of a wetland or buffer is proposed, a wetland mitigation plan shall be submitted pursuant to requirements of this chapter, subsequent to staff review of the wetland analysis report. In no event will a wetland mitigation plan be required prior to a determination of whether a designated wetland is present on a site. (Ord. 1036 § 14, 2006; Ord. 726 § 3, 1996; Ord. 628 § 1, 1992; Ord. 611 § 1, 1991).

18.08.080 Wetlands – Administration.

A. Filing Fees. A wetland regulatory processing fee in an amount established under the city’s development fee ordinance, GHMC Title 3, shall be paid at the time of a request for official determination of whether a proposed use or activity at a site is subject to this chapter. The fee shall be paid prior to administrative review, including environmental review. It shall include all costs of administrative and environmental review, including the preliminary site inspection, and review and approval of a wetland analysis report. It shall be in addition to any other fees for environmental assessment and environmental impact review, provided by the city environmental policy ordinance, Chapter 18.04 GHMC.

B. Notice and Title.

1. Notice. Upon submission of a complete application for a wetland development approval, notice shall be provided in accordance with the city zoning code for site plan review for notification of property owners within 300 feet of the subject property.

2. Notice of Title. The owner of any property with field-verified presence of wetland or wetland buffer on which a development proposal is submitted shall file for record with the Pierce County auditor a notice approved by the department in a form substantially as set forth below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The notice shall be notarized and shall be recorded prior to approval of any development proposal for such site. The notice shall run with the land and shall be in the following form:

WETLAND AND/OR WETLAND BUFFER NOTICE

Legal Description:

_________________________________

Present Owner:____________________

NOTICE: This property contains wetlands or their buffers as defined by City of Gig Harbor Ordinance. Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations.

______________ _____________
Date Signature Owner

C. Other Laws and Regulations. No approval granted pursuant to this chapter shall remove an obligation to comply with the applicable provisions of any other federal, state or local law or regulation.

D. Atlas. As part of its review, the department shall include the appropriately designated wetland in the Pierce County wetlands atlas or in the city wetland atlas, as may be adopted. (Ord. 1036 § 15, 2006; Ord. 611 § 1, 1991).

18.08.090 Wetlands – Analysis report requirements.

A. A wetland analysis report shall be prepared by a qualified wetland specialist and submitted to the department as part of the SEPA review process established by the city of Gig Harbor environmental policy ordinance, Chapter 18.04 GHMC. A wetlands analysis report is not required for those wetlands mapped and classified per the city of Gig Harbor wetlands map. A wetlands analysis report is required with all annexation petitions and land use applications for properties which do not have wetlands mapped and classified per the city of Gig Harbor wetlands map.

B. The wetland analysis report shall be prepared in accordance with the methods outlined in the Ecology 1997 Wetland Identification and Delineation Manual and submitted to the department for review for any proposals that are within 300 feet of a wetland.

C. Within 30 days of receipt of the wetland analysis report and other information, the department shall determine the appropriate wetland category, buffering requirement, and required mitigation. The report shall be accorded substantial weight and the department shall approve the report’s findings and approvals, unless specific, written reasons are provided which justify not doing so. Once accepted, the report shall control future decision-making related to designated wetlands unless new information is found demonstrating the report is in error. (Ord. 1036 § 16, 2006; Ord. 628 § 1, 1992; Ord. 611 § 1, 1991).

18.08.100 Wetlands – Buffer areas.

A. Following the department’s determination of the category for a wetland associated with a proposal, the department shall determine appropriate buffer widths. Wetland buffer zones shall be evaluated for all development proposals and activities adjacent to wetlands to determine their need to protect the integrity, functions and values of the wetland. Wetland buffer widths are determined by the category of wetland, the intensity of impacts of a land use and the functions or special characteristics of the wetland that need to be protected as determined by the rating system. All wetland buffer zones are measured perpendicular from the wetland boundary as surveyed in the field. Except as otherwise permitted by this chapter, wetland buffers shall consist of a relatively intact native vegetation community adequate to protect the wetland functions and values at the time of proposed activity. If the vegetation is inadequate then the buffer width shall be planted to maintain the buffer width.

B. Impact of Land Use. Different uses of land can result in a high, moderate or low level of impact to adjacent wetlands. Types of land use are categorized into impact levels as shown on the following table:


Level of Impact from Land Use	Types of Land Uses Based on Common Use Categories
High	Residential uses (greater than one unit per acre); schools; churches; public facilities, public/private services and government administrative uses (excluding parks, rights-of-way and utilities); lodging uses; personal, professional, product and automotive services; health care services; commercial and sales uses; animal clinics and kennels; marine-related uses; industrial uses; restaurant uses; museum, club and recreation hall uses; high-intensity parks, outdoor and indoor recreation (golf courses, ballfields, tennis clubs, swimming pools, etc.); conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.); hobby farms.
Moderate	Residential uses (less than one unit per acre); moderate-intensity parks and outdoor recreation (parks with biking, jogging, etc.); conversion to moderate-intensity agriculture (orchards, hay fields, etc.) and paved trails; building of logging roads; utility corridor or right-of-way shared by several utilities and including access/maintenance road.
Low	Forestry (cutting of trees only); low-intensity parks and open space (hiking, bird-watching, preservation of natural resources, etc.) and unpaved trails; utility corridor without a maintenance road and little or no vegetation management.

C. If a wetland meets more than one of the wetland characteristics listed in the tables in subsection D, E, F or G of this section, the buffer width required to protect the wetland is the widest buffer width.

D. Category I Wetlands. The following buffer widths for Category I wetlands are required:


Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Protection Measures Required
Natural Heritage Wetlands	Low – 125 feet Moderate – 190 feet High – 250 feet	No additional surface discharges to wetland or its tributaries No septic systems within 300 feet of wetland Restore degraded parts of buffer


Bogs	Low – 125 feet Moderate – 190 feet High – 250 feet	No additional surface discharges to wetland or its tributaries Restore degraded parts of buffer


Forested	Buffer width to be based on score for habitat functions or water quality functions	If forested wetland scores high for habitat, need to maintain connections to other habitat areas Restore degraded parts of buffer

Estuarine	Low – 100 feet Moderate – 150 feet High – 200 feet	None required


Wetlands in coastal lagoons	Low – 100 feet Moderate – 150 feet High – 200 feet	None required


High level of function for habitat (score for habitat 29 – 36 points)	Low – 150 feet Moderate – 225 feet High – 300 feet	Maintain connections to other habitat areas Restore degraded parts of buffer


Moderate level of function for habitat (score for habitat 20 – 28 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	None required


High level of function for water quality improvement (24 – 32 points) and low for habitat (less than 20 points)	Low – 50 feet Moderate – 75 feet High – 100 feet	No additional surface discharges of untreated runoff


Not meeting any of the above characteristics	Low – 50 feet Moderate – 75 feet High – 100 feet	N/A

E. Category II Wetlands. The following buffer widths for Category II wetlands are required:


Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Protection Measures Required
High level of function for habitat (score for habitat 29 – 36 points)	Low – 150 feet Moderate – 225 feet High – 300 feet	Maintain connections to other habitat areas


Moderate level of function for habitat (score for habitat 20 – 28 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	None required


High level of function for water quality improvement and low for habitat (score for water quality 24 – 32 points; habitat less than 20 points)	Low – 50 feet Moderate – 75 feet High – 100 feet	No additional surface discharges of untreated runoff


Estuarine	Low – 75 feet Moderate – 110 feet High – 150 feet	None required


Interdunal	Low – 75 feet Moderate – 110 feet High – 150 feet	None required


Not meeting above characteristics	Low – 50 feet Moderate – 75 feet High – 100 feet	None required

F. Category III Wetlands. The following buffer widths for Category III wetlands are required:


Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Protection Measures Required
Moderate to high level of function for habitat (score for habitat 20 – 36 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	None required


Not meeting above characteristic	Low – 40 feet Moderate – 60 feet High – 80 feet	None required

G. Category IV Wetlands. The following buffer widths for Category IV wetlands are required:


Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Protection Measures Required
Score for all three basic functions is less than 30 points	Low – 25 feet Moderate – 40 feet High – 50 feet	None required

H. A 15-foot building setback is required from the edge of a wetland buffer.

I. Where a legally established developed roadway transects a wetland buffer, the director may approve a modification of the minimum required buffer width to the edge of the roadway if the part of the buffer on the other side of the road does not provide any buffer functions to protect the wetland in question.

J. Where a legally established bulkhead transects a wetland buffer, the director may approve a modification of the minimum required buffer width as long as the biologic, hydrologic and water quality functions of the wetland are protected. This modification would be evaluated on a case-by-case basis and rely upon a sensitive areas study provided by a qualified biologist where it can be demonstrated that an equal or greater protection of the wetland would occur. Measures may include bioengineering of shoreline protection, revegetation with native species, or other shoreline or buffer enhancement measures. (Ord. 1036 § 17, 2006; Ord. 726 § 4, 1996; Ord. 628 § 1, 1992; Ord. 611 § 1, 1991).

18.08.110 Wetlands – Alteration of buffers.

Alteration of a buffer may occur in two ways: (1) quantitative alteration, in which the boundaries of the designated buffer area are adjusted, so that the actual area within the buffer is altered; and (2) qualitative alteration, in which permitted activities within the buffer area alter its character. In determining appropriate buffer alterations, quantitative and qualitative alterations are generally reviewed concurrently.

A. Wetland Buffer Reductions. Buffer width reductions shall be considered on a case-by-case basis to take varying values of individual portions of a given wetland into consideration. Buffers shall not be reduced where the buffer has been degraded as a result of a documented code violation. Reductions may be allowed where the applicant demonstrates to the department that the wetland contains variations in sensitivity due to existing physical characteristics and that reducing the buffer width would not adversely affect the wetland functions and values.

1. Maximum Buffer Reductions. The buffer widths required for uses of land with “high” impacts to wetlands can be reduced to those required for “moderate” impacts under the conditions below:

a. For wetlands that score moderate or high for habitat (20 points or more for the habitat functions), the width of the buffer can be reduced if both of the following conditions are met:

i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. Priority habitats include, but may not be limited to, wetlands, riparian zones, aspen stands, cliffs, prairies, caves, stands of Oregon White Oak, old-growth forests, estuaries, marine/estuarine shorelines, eelgrass meadows, talus slopes and urban natural open space. The corridor must be protected for the entire distance between the wetland and the priority habitat via some legal protection such as a conservation easement; and

ii. Measures to minimize the impacts of different land uses on wetlands are applied, as summarized in the following table:


Examples of Disturbance	Activities That Cause Disturbances	Examples of Measures to Minimize Impacts
Lights	Parking lots, warehouses, manufacturing, residential	Direct lights away from wetland.
Noise	Manufacturing, residential	Locate activity that generates noise away from wetland.
Toxic runoff1	Parking lots, roads, manufacturing, residential areas, application of agricultural pesticides, landscaping	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	Parking lots, roads, manufacturing, residential areas, commercial, landscaping	Retrofit storm water detention and treatment for roads and existing adjacent development.
Stormwater runoff		Prevent channelized flow from lawns that directly enters the buffer.
Change in water regime	Impermeable surfaces, lawns, tilling	Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and human disturbance	Residential areas	Use privacy fencing; 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.
Dust	Tilled fields	Use best management practices to control dust.
This is not a complete list of mitigation measures. Additional mitigation measures that minimize impacts may be proposed.

1 These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site.

b. For wetlands that score less than 20 points for habitat functions, the width of the buffer can be reduced if measures to minimize the impacts of different uses of land are applied, as summarized in the table in subsection (A)(1)(a) of this section.

2. Decision Criteria. Prior to approval, a buffer reduction proposal shall meet all of the decisional criteria listed below. The buffer modification will be approved in a degraded wetland buffer only if:

a. It will provide an overall improvement in water quality protection for the wetland; and

b. It will not adversely affect fish or wildlife species and will provide an overall enhancement to fish and wildlife habitat; and

c. It will provide a net improvement in drainage and/or storm water detention capabilities; and

d. All exposed areas are stabilized with native vegetation, as appropriate; and

e. It will not lead to unstable earth conditions or create an erosion hazard; and

f. It will not be materially detrimental to any other property or the city as a whole.

3. Buffer Enhancement Plan. As part of the buffer reduction request, the applicant shall submit a buffer enhancement plan prepared by a qualified wetland specialist. The report shall assess the habitat, water quality, storm water detention, ground water recharge, shoreline protection, and erosion protection functions of the buffer; assess the effects of the proposed modification on those functions; and address the six criteria listed in this subsection. The buffer enhancement plan shall also provide the following:

a. A map locating the specific area of enhancement;

b. A planting plan that uses native plant species indigenous to this region including groundcover, shrubs, and trees;

c. Provisions for monitoring and maintenance over the monitoring period.

B. Wetland Buffer Width Averaging. Buffer width averaging shall be considered on a case-by-case basis when the proposed averaging is in accordance with an approved wetland mitigation plan and the best available science. Buffer averaging shall not be used in conjunction with the provisions for buffer reductions in this section. Averaging of buffer widths may only be allowed where a qualified wetland specialist demonstrates that:

1. It will not reduce wetland functions or values;

2. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;

3. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion;

4. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

5. The buffer width is not reduced, at any single point, to less than 75 percent of the standard buffer width.

C. Wetland Buffer Increases. The department may require increased buffer widths in accordance with the recommendations of a qualified wetland specialist and the best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be reasonably related to protection of the functions and values of the regulated wetland. Such determination shall demonstrate that:

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

2. The wetland is used by species listed by the federal government or the state as endangered, threatened, sensitive or as documented priority species or habitats, or essential or outstanding potential sites such as heron rookeries or raptor nesting areas; or

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

4. The adjacent land has minimum vegetative cover or slopes greater than 30 percent.

D. Alteration of Character of Buffer (Qualitative Alteration).

1. Qualitative alteration of buffer for Categories II, III and IV wetlands shall be allowed when it is demonstrated that modification of the existing character of the buffer would not reduce the functions and values of the wetland; and

2. That the alteration does not include structures associated with the development unless identified in GHMC 18.08.120(A)(2) and (3), i.e., wells and associated access; and

3. No net loss of wetland acreage due to the alteration occurs. (Ord. 1036 § 18, 2006; Ord. 611 § 1, 1991).

18.08.120 Wetlands – Permitted uses in buffer areas.

The following activities are permitted within the wetland buffer; provided, that any impacts are mitigated through the requirements of this chapter:

A. Wells and necessary appurtenances associated with single-family dwellings, including a pump and appropriately sized pump house, including a storage tank, may be allowed on each site in a wetland buffer if all the following conditions are met:

1. The well is either an individual well (serving only one residence) or a Class B well (a maximum of 15 connections including necessary storage tanks);

2. For Category I and II wetlands, the minimum distance from the well and appurtenances to the wetland edge is not less than 75 percent of the buffer widths established in GHMC 18.08.100. A decrease in the required buffer width through buffer reduction or buffer width averaging or other means does not indicate a corresponding decreased distance is allowed from the wetland edge to the well and appurtenances;

3. Access to the well and pump house shall be allowed.

B. Pervious trails and associated viewing platforms; provided, that in the case of Category I wetlands, the minimum distance from the wetland edge is not less than 75 percent of the Category I buffer width established in GHMC 18.08.100. A decrease in the required buffer width through buffer width averaging or other means does not indicate a corresponding decreased distance from a Category I wetland edge for trails and viewing platforms.

C. The placement of underground utility lines, on-site septic drainfields meeting the requirements of the Pierce County health code, and grass-lined swales and detention/retention facilities for water treated by biofiltration or other processes prior to discharge, provided the minimum distance from the wetland edge is not less than 75 percent of the buffer widths established in GHMC 18.08.100.

D. Placement of access roads and utilities across Category II, III and IV wetland buffers, if the department determines that there is no reasonable alternative location for providing access and/or utilities to a site and mitigation is provided as designated in this chapter. (Ord. 1036 § 19, 2006; Ord. 611 § 1, 1991).

18.08.130 Alteration of wetlands.

Repealed by Ord. 1036. (Ord. 611 § 1, 1991).

18.08.140 Wetlands – Alteration of wetlands and sequence of mitigation actions.

A. Alteration of Category I wetlands is prohibited.

B. Alteration of Category II, III and IV wetlands may be allowed when all adverse impacts to wetland functions and values can be shown to be fully mitigated. Criteria to be considered by the applicant or the property owner are:

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

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. Compensating for the impact by replacing or providing substitute resources or environments.

C. Mitigation may include a combination of the above measures and may occur concurrently, unless a phased schedule is agreed. (Ord. 1036 § 21, 2006; Ord. 726 § 5, 1996; Ord. 611 § 1, 1991).

18.08.150 Wetlands – Mitigation plan submittal requirements.

A. Following submittal of any proposed alterations to wetland and buffer areas, the applicant shall submit to the department a wetland mitigation plan substantially in the following form:

1. Conceptual Phase. A conceptual wetland mitigation plan shall be submitted to the department. In cases in which environmental review is required, a threshold determination may not be made prior to department review of the conceptual wetland mitigation plan. The conceptual wetland mitigation plan shall include:

a. General goals of the wetland mitigation plan, including an overall goal of no net loss of wetland function and acreage, and to strive for a net resource gain in wetlands over present conditions;

b. A review of literature or experience to date in restoring or creating the type of wetland proposed;

c. Approximate site topography following construction;

d. Location of proposed wetland compensation area;

e. General hydrologic patterns on the site following construction;

f. Nature of compensation, including wetland types (in-kind and out-of-kind), general plant selection and justification, approximate project sequencing and schedule, and approximate size of the new wetland buffer;

g. A conceptual maintenance plan;

h. Conceptual monitoring and contingency plan.

2. Detailed Phase. Following approval of the conceptual wetland mitigation plan by the department, a detailed wetland mitigation plan shall be submitted to the department. The detailed wetland mitigation plan shall contain, at a minimum, the following components, and shall be consistent with the standards in GHMC 18.08.160 and 18.08.180:

a. Text and map of the existing condition of the proposed compensation area, including:

i. Existing vegetation community analysis;

ii. Hydrological analysis, including topography, of existing surface and significant subsurface flows into and out of the area in question;

iii. Soils analysis providing both Soil Conservation Service mapping and data provided by on-site verified determinations;

iv. Detailed description of flora and fauna existing on the site;

v. Description of existing site conditions in relation to historic conditions for those sites which have been recently altered or degraded;

b. Text and map of the proposed alterations to the compensation area,