Chapter 11.80
WETLAND AREAS OVERLAY DISTRICT (WOD)

Sections:

11.80.005    Purpose.

11.80.010    Applicability.

11.80.015    Mitigation sequencing.

11.80.020    Exemptions.

11.80.030    Designation.

11.80.040    Classification (Eastern Washington wetland rating system).

11.80.050    Delineation/classification requirements.

11.80.060    Wetland buffer zone widths.

11.80.070    Wetland buffer width averaging.

11.80.080    Increased wetland buffer area width.

11.80.090    Modification provisions for existing lots.

11.80.100    Wetland reports.

11.80.110    Mitigation plan.

11.80.120    Variance provisions.

11.80.130    Subdivision notation.

11.80.140    Reasonable use.

11.80.150    Noncompliance.

11.80.160    Incentives.

11.80.170    Education.

11.80.180    Restoration.

11.80.005 Purpose.

It is the purpose of this chapter to protect the ecological and environmental functions of wetlands and protect the public health, safety and welfare benefits provided by wetlands by preventing the continual loss of wetlands and, where practical, enhancing or restoring wetland functions and values. (Res. 2007-97 (part), 7/2/07).

11.80.010 Applicability.

The provisions of this chapter shall apply to development that is proposed to be located within or adjacent to a designated wetland and buffer. In the event of any conflict between this title and regulations contained in the shoreline master program or any other zoning regulations, those regulations which provide greater protection of critical areas shall apply. All artificial wetlands, as defined by Section 14.98.1975, are exempt from this chapter unless created to mitigate impacts or conversions of other wetlands. (Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.80.015 Mitigation sequencing.

Development proposals affecting wetlands shall demonstrate that reasonable efforts have been examined with the intent to avoid and minimize impacts to the functions and values of the critical area. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized or compensated for in the following order of preference:

(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, such as project redesign, relocation or timing, to avoid or reduce impacts;

(3) Rectifying the impact to fish and wildlife conservation areas by repairing, rehabilitating, or restoring the affected environment to the historic conditions or the conditions at the time of the initiation of the project;

(4) Minimizing the impact by restoring or stabilizing the area through engineered or other methods;

(5) Reducing the impact over time by preservation and maintenance operation during the life of the action;

(6) Compensating for the impact by replacing, enhancing or providing substitute resources or environments; and

(7) Monitoring the required mitigation and taking remedial action when necessary. (Res. 2007-97 (part), 7/2/07).

11.80.020 Exemptions.

The following uses shall be allowed outright within a wetland or wetland buffer area and shall be exempt from the requirements of this chapter; provided, that said activity is conducted consistent with the standards and requirements of this chapter and all other applicable laws and regulations. All exempted activities shall use all reasonable methods to avoid potential impacts to critical areas. Any substantial damage to a critical area that is not a necessary outcome of the exempted activity shall be restored. Best management practices regarding clearing and grading may be obtained from Chelan County and the Chelan County Conservation District.

(1) Conservation or preservation of soil, water, vegetation, fish, and other wildlife;

(2) Passive recreational activities, including, but not limited to, fishing, bird watching, hiking, hunting, boating, horseback riding, skiing, swimming, canoeing, and bicycling provided the activity does not alter the wetland or wetland buffer by changing existing topography, water conditions or water sources;

(3) The maintenance (but not construction) of drainage ditches;

(4) Education, scientific research, and the use of nature trails;

(5) Navigation aids and boundary markers;

(6) Boat mooring buoys;

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

(8) Maintenance, reconstruction, repair or operation of existing streets, highways or roads;

(9) Maintenance, repair, or operation of existing public utilities;

(10) Noxious weed control using best management practices;

(11) Normal maintenance, repair, or operation of existing legal structures, facilities, or improved areas;

(12) Boundary line adjustments;

(13) Those activities under the regulation of the Forest Practices Act on which the county cannot condition a forest practices application;

(14) Modification of a legally constructed single-family residence; provided, that no new construction shall be closer to the critical area and does not increase the square footage of primary residence to be modified by more than twenty-five percent of the existing square footage. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.80.030 Designation.

(1) All wetlands in Chelan County meeting the definition of wetlands in RCW 36.70A.030(21) are designated wetlands.

(2) The approximate location and extent of wetlands in the county are displayed on the National Wetlands Inventory Maps and the Chelan County wetland inventory map, as it is developed. The wetland maps, along with other supportive documentation, are to be used as a guide to the general location and extent of wetlands. There may be wetlands that are not shown on the wetland inventory maps. There are also wetland areas that are mapped that are not necessarily wetlands. However, each potential wetland site must be evaluated by the administrator to determine the applicability of these requirements. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this chapter, the criteria set forth shall take precedence. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.80.040 Classification (Eastern Washington wetland rating system).

All designated wetlands shall be evaluated to reflect the relative function, value and uniqueness of the wetland. To determine wetland classes or classification in Chelan County, the following four-tier rating system as established in the “Washington State Wetland Rating System for Eastern Washington—Revised,” (Hruby 2004a) as amended, shall be utilized. Each wetland that is classified shall receive a rating of one to four. Below are the wetland categories in summary. A wetlands rating field data form must be used to make the actual determination. The rating system categories are as follows:

(1) Category 1 wetlands are those that (A) represent a unique or rare wetland type, (B) are more sensitive to disturbance than most wetlands, (C) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime, or (D) provide a high level of functions. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region. Examples of Category 1 wetlands include the following:

(A) Alkali wetlands characterized by the occurrence of shallow saline water (extremely rare).

(B) Documented Natural Heritage wetland sites or high quality native wetland communities which qualify as Natural Heritage wetland sites or wetlands that support state threatened or endangered plant species.

(C) Bogs.

(D) Mature and old-growth forested wetlands with slow-growing trees over one-quarter acre in size.

(E) Forests with aspen stands.

(F) High functioning and high performing wetlands that score seventy points or more (out of one hundred) using the Washington State Wetland Rating System for Eastern Washington—Revised” (Hruby 2004a).

(2) Category 2 wetlands are those that are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category 1 wetlands but still need a relatively high level of protection. Examples of Category 2 wetlands include the following:

(A) Forested wetlands in the floodplains of rivers.

(B) Mature and old-growth forested wetlands with fast-growing trees with over one-quarter acre of forest dominated by fast-growing trees.

(C) Vernal pools, or “rainpools,” located in a landscape with other wetlands and that are relatively undisturbed during the early spring.

(D) Wetlands that perform functions well, i.e., scoring between fifty-one and sixty-nine points.

(3) Category 3 wetlands are (A) isolated vernal pools, and/or (B) wetlands with a moderate level of functions (i.e., scoring between thirty and fifty points) that have generally been disturbed in some ways and are often smaller, less diverse and/or more isolated from other natural resources in the landscape than Category 2 wetlands.

(4) Category 4 wetlands have the lowest levels of functions (scoring less than thirty points) and are often heavily disturbed. Despite the level of disturbance, these wetlands may provide some important functions. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.80.050 Delineation/classification requirements.

(1) In conjunction with the submittal of a land use or building application, the administrator shall determine the probable existence of a wetland on a parcel involved in the land use or building application with the aid of the National Wetlands Inventory Maps, the Chelan County wetland inventory map, and/or a field investigation of the project site. If wetlands are found to exist on a parcel, a wetland delineation/classification is required.

(2) The delineation/classification shall be performed by a qualified professional wetland biologist/consultant and shall be prepared according to Chapter 173-22 WAC. The applicant shall be responsible to provide a delineation/classification before a permit can be issued unless other requirements in this chapter which supersede these are satisfied.

(3) The location of the outer extent of the wetland buffer, the wetland boundary and the areas to be disturbed shall be marked in the field, and such field markings shall be approved by the administrator prior to the commencement of permitted activities. The location of these areas shall be clearly identified on the site plan. Such field markings shall be maintained throughout the duration of the permit. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.80.060 Wetland buffer zone widths.

(1) Wetland buffer zones shall be required for all activities not deemed to be exempt in Section 11.80.020, contiguous to wetlands. Category 1, 2, 3 and 4 wetlands described in Section 11.80.040 along with the necessary field delineation shall be relied on for the classification of a particular wetland.

(2) Buffer areas protect wetlands from degradation by stabilizing soil and preventing erosion; filtering suspended solids, nutrients and harmful or toxic substances; moderating impacts of stormwater runoff; moderating system microclimate; protecting wetland wildlife habitat from adverse impacts; maintaining and enhancing habitat diversity and/or integrity; supporting and protecting wetland plant and animal species and biotic communities; and reducing disturbances to wetland resources caused by intrusion of humans and domestic animals.

(3) Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation shall be required.

(4) All wetland buffer areas shall be temporarily fenced between the construction activity and the buffer area with a highly visible and durable protective barrier(s) during construction to prevent access and sedimentation from disturbed areas from entering the wetland or its buffer. This requirement may be waived by the administrator if an alternative to fencing which achieves the same objective is proposed and approved.

(5) All buffers are measured horizontally from the wetland edge as marked in the field.

(6) Wetland Buffer Zone Widths.

Wetland Category

Buffer Width (feet)

High Intensity (feet)

Low Intensity (feet)

Category 1

300

200

Category 2

200

100

Category 3

150

75

Category 4

50

50

(Res. 2008-86 (part), 5/20/08; Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.070).

11.80.070 Wetland buffer width averaging.

Wetland buffer widths outlined within this chapter may be modified by averaging the wetland buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following:

(1) That width averaging will not degrade the wetland structure, function and values; and

(2) The total area contained within the wetland buffer after averaging is no less than that contained within the wetland buffer, outlined by the requirements of this chapter, prior to averaging. The revised wetland buffer width shall not be less than seventy-five percent of the wetland buffer widths outlined within this chapter, or be less than twenty-five feet, whichever is greater; and

(3) Failure to adjust the buffer would result in a hardship to the property owner; and

(4) The need for buffer averaging is not due to the landowner’s own actions; and

(5) 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; and

(6) A wetland report pursuant to Section 11.80.100, if required by the administrative authority, supporting the newly delineated wetland buffer, has been prepared and submitted. (Res. 2008-86 (part), 5/20/08; Res. 2007-97 (part), 7/2/07: Res. 2003-08 (part), 1/21/03: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.080).

11.80.080 Increased wetland buffer area width.

(1) The county may require increased buffer area widths on a case-by-case basis by the administrator when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The administrator may consult with state or federal agencies to provide appropriate technical assistance for the administrator to make this decision. The documentation must include but not be limited to the following criteria:

(A) The wetland is used by a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or

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

(C) The adjacent land has minimal vegetative cover or slopes greater than thirty percent that would directly impact wetland functions and values.

(2) When a review agency requests an increase in a buffer width, such agency must provide supporting documentation and rationale for a greater level of protection. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.090).

11.80.090 Modification provisions for existing lots.

For those lots, tracts, and parcels legally created prior to January 5, 1999, and provided the requirements outlined below are satisfied, the administrator may vary the buffer widths outlined within this chapter. The buffer widths may be varied by not more than fifty percent, but in no case shall the buffer width be less than twenty-five feet, with granting the minimum necessary to afford relief to address hardship issues. In the case of a Category 1 wetland, the buffer shall not be reduced to less than one hundred fifty feet. The administrator may require a wetland report and mitigation plan in order to avoid impacts to the wetland area. In addition, all of the following conditions must be met:

(1) That the strict application of the bulk, dimensional or performance standards set forth in these requirements significantly interferes with reasonable use of the property; and

(2) That the hardship described in subsection (1) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this title, and not, for example, from deed restrictions or the applicant’s own actions; and

(3) That the design of the project is compatible with other authorized uses planned for under the Chelan County comprehensive plan and the Chelan County shoreline master program and will not cause adverse impacts to the shoreline environment, if in continuity; and

(4) That the public interest will not suffer substantial detrimental effect. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.100).

11.80.100 Wetland reports.

When a regulated use or activity is proposed on a property which is within a wetland or wetland buffer area, a wetland report is required. The applicant or proponent shall provide a wetland report according to the standards below. A wetland report shall include the following:

(1) Vicinity map;

(2) When available, a copy of a National Wetland Inventory Map (U.S. Department of the Interior and/or the Chelan County wetland inventory map as developed) identifying the wetlands on or adjacent to the site;

(3) A site map setting forth all of the following:

(A) Surveyed wetland boundaries based upon a delineation;

(B) Site boundary property lines and roads;

(C) Internal property lines, rights-of-way, easements, etc.;

(D) Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

(E) Contours at the smallest readily available intervals, preferably at two-foot intervals;

(F) Hydrologic mapping showing patterns of surface water movement and known subsurface water movement into, through, and out of the site area;

(G) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets;

(H) The department may require an air photo with overlays displaying the site boundaries and wetland delineation if available;

(4) A report which includes the following:

(A) Location information (legal description, parcel number and address); delineation report including data sheets. The wetland boundaries on the site established by the delineation shall be staked and flagged in the field. If the wetland expands outside the site, the delineation report shall discuss all wetland areas within one hundred fifty feet of the site, as they relate to the project site, but need only delineate those wetland boundaries within the site.

(B) General site conditions including topography, acreage, and surface areas of all wetlands identified on the National Wetland Inventory Map (U.S. Department of the Interior) and/or the Chelan County wetland inventory map as developed and water bodies within one quarter mile of the subject wetland(s);

(C) Hydrological analysis, including topography of existing surface and known significant subsurface flows into and out of the subject wetland(s);

(D) Analysis of functions and values of existing wetlands, including vegetative fauna and hydrologic conditions;

(5) A summary of proposed activity and potential impacts to the wetland(s);

(6) Recommended wetland category and attached worksheets, including rationale for the recommendation from the worksheet of the Washington State Wetlands Category Rating System for Eastern Washington;

(7) Recommended buffer boundaries, including rationale for boundary locations;

(8) Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures, and other modifications to the existing site. The location of all wetlands and buffers shall be identified on the site plan. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.110).

11.80.110 Mitigation plan.

(1) Unless otherwise provided by this chapter, mitigation shall be required for loss of area or functions and values of wetlands, and wetland buffers regulated under this chapter. The applicant must first demonstrate steps have been taken to avoid impacts to wetlands and their associated buffer areas. For those impacts that cannot be avoided, the applicant must demonstrate the steps that have been taken to minimize impacts. When mitigation is required by this chapter, it shall address restoration, rehabilitation and compensation in accordance with the following requirements:

(A) Restoration is required when a wetland or wetland buffer regulated under this chapter has been altered, after the date of adoption of the resolution codified in this chapter, prior to project approval unless the alteration was permitted; or when wetlands and/or wetland buffers are temporarily affected by construction or any other temporary phase of a project;

(B) Mitigation is required when a wetland or wetland buffer regulated under this chapter is permanently altered as a result of project approval or activity;

(C) Any person who degrades wetlands or wetland buffers shall restore, create or enhance areas equivalent or greater of wetlands and wetland buffers than those altered. The mitigation ratios shall comply with those in “Wetlands in Washington State – Volume 2: Guidance for Protecting and Managing Wetlands,” Washington State Department of Ecology, Publication No. 05-06-008, Olympia, WA, Appendix 8-D, Guidance on Widths and Buffers and Ratios for Compensatory Mitigation for Use with the Eastern Washington Wetland Rating System, or if updated, the current version;

(D) On-site mitigation is preferred so as to assure, to the greatest extent feasible, that the plan results in mitigation for direct impacts resulting from the alteration;

(E) Off-site mitigation within the same drainage may be considered when it can achieve greater benefits or functions than on-site or would restore or enhance functions that are limiting or important to the health of the watershed; and

(F) Mitigation shall be completed prior to granting of temporary or final occupancy, or the completion of final approval of any development activity for which mitigation measures have been required.

(2) The mitigation plan shall:

(A) Include a base line study that analyzes the existing functions and values of the critical area and buffer, functions and values that will be lost, and the system’s functions and values that will be lost, and the system’s functions and values after mitigation;

(B) Specify how lost functions and values will be replaced;

(C) Specify when mitigation will occur relative to project construction and to the requirements of permits by other jurisdictions;

(D) Include provisions for monitoring the mitigation area on a long-term basis to determine whether the plan was successful;

(E) Include provisions for a bond or a series of bonds to assure that work is complete in accordance with the plan and that restoration or rehabilitation is performed if any portion of the mitigation project fails within three years of implementation; and

(F) Address the need for and, when appropriate, determine the width of the buffer adjacent to any altered wetland edge.

(3) Mitigation plans shall be approved prior to any development activity.

(4) To identify plant species which may be approved for mitigation purposes, applicants may refer to the National List of Plant Species That Occur in Wetlands; Northwest (Region 9)/Biological Report 88 (F26.9), published by the U.S. Fish and Wildlife Service, May 1988, or the 1993 Supplement to the List of Plant Species That Occur in Wetlands: Northwest (Region 9) December, 1993. Applicants may propose plant species which are not on these lists. All plant species proposed for mitigation shall be native and approved by the county. (Res. 2008-86 (part), 5/20/08; Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.120).

11.80.120 Variance provisions.

(1) This section shall be in conformance with Chapter 11.95 of this title, as amended. Before a request for a variance is acted upon it shall be considered at a public hearing with the Chelan County hearing examiner as outlined in Chapter 11.95 of this title.

(2) In addition to the requirements of Chapter 11.95 of this title, as amended, a variance shall not be granted unless it can be shown that all of the following additional conditions exist:

(A) The analysis of the proposal’s impact on wetland and wetland buffer areas determines that there would not be a significant impact to the wetland and wetland buffer functions as stated in Section 11.06.020 or that significant impacts would be mitigated by the applicant; and

(B) No other reasonable use with less impact is possible; and

(C) Impacts to critical lands cannot be lessened through locational or design changes to the proposed use. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.130).

11.80.130 Subdivision notation.

In the event the applicant is dividing property through the short subdivision, major subdivision, binding site plan, or plat alteration process, a notation shall appear on the face of the final plat mylar of the classification of the wetland(s) on the subject property, a reference to the requirements of this chapter, as amended; and the delineated wetland(s) boundary shall be shown. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.140).

11.80.140 Reasonable use.

Nothing in this section is intended to preclude reasonable use of property, or to effect a taking in violation of the U.S. Constitution, the State of Washington Constitution and substantive due process. Variances may be granted by the hearing examiner as set forth in Chapter 11.95 of this title and the provisions contained in Section 11.80.120. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.150).

11.80.150 Noncompliance.

In addition to the requirements of Chapter 11.98 of this title, as amended, the administrator may also require the following:

(1) Bonding at one hundred fifty percent of the cost of uncompleted restoration/rehabilitation work or other uncompleted activities necessary to resolve a noncompliant project or issue where a contract to complete the work is in force. Bonding shall be in effect for a maximum of two years.

(2) The development of a restoration/rehabilitation plan by the noncompliant party or parties. Restoration/rehabilitation that involves vegetation shall require that an eighty percent survival rate for each category of planting be achieved for a period of two years, utilizing native vegetation. The administrator shall have the authority to approve or deny the plan. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.160).

11.80.160 Incentives.

(1) The county encourages such mechanisms as the open space tax program, conservation easements and other areas, in order to provide taxation relief upon compliance with these regulations.

(2) Chelan County has adopted a public benefit rating system, which is a voluntary tax incentive program that allows landowners a reduced tax assessment of their land in return for a defined public benefit. There are also federal income tax advantages that can be realized by an individual or estate, for gifts of real property for conservation purposes to local governments or nonprofit organizations such as land trusts. The specific rules on federal income tax deductions can be found in Section 170 of the Internal Revenue Code.

(3) Chelan County encourages citizens to work with the Chelan County natural resource department to develop and implement voluntary habitat restoration projects and practices on their property. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.170).

11.80.170 Education.

(1) A variety of educational materials are available through the Chelan County natural resource department for private landowners. Chelan County recognizes and supports community-based educational and service organizations to participate in programs, which rehabilitate and/or maintain the quality of streams and other environmentally sensitive areas.

(2) Applicants have the opportunity of scheduling a preapplication conference through the Chelan County community development department to discuss pending development proposals with applicable reviewing agencies.

(3) Chelan County supports and encourages training and educational opportunities for staff to facilitate the implementation of this section. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.180).

11.80.180 Restoration.

Wetland restoration projects by a public or private agency whose mandate includes such work, which is unassociated with the mitigation of a specific development proposal, may be allowed when consistent with the provisions of this chapter. (Res. 2007-97 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00. Formerly 11.80.190).