Chapter 14.35 SHORELINE CRITICAL AREAS REGULATIONS

A. The purpose of this chapter is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property.

B. The city finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the city and its residents, and/or may pose a threat to human safety or to public and private property. (Ord. 1152 §3 (Appx. B §1.1), 2016).

14.35.020 General process.

A. Any person proposing development or use of land that may be regulated by the provisions of this chapter may request a consultation meeting with the city prior to submitting an application for development or other approval. At this meeting, the city may discuss the requirements of this chapter; provide critical area maps, scientific information, and other source materials; outline the review process; and work with the proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements.

B. Prior to the city’s consideration of any proposed activity not found to be exempt under Section 14.35.030, Activities exempt from critical area review, or allowed pursuant to Section 14.35.040, Activities allowed without critical areas submittals, the applicant shall submit a complete critical area identification form on a form provided by the city.

C. The director of community development shall review the critical area identification form, conduct a site inspection, and review other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal.

1. The director of community development may use indicators to assist with the determination, including, but not limited to, indication of a critical area on the city’s critical areas maps; information and scientific opinions from appropriate agencies; documentation from a scientific or other reasonable source; or a finding by a qualified professional or a reasonable belief that a critical area may exist on or adjacent to the site of the proposed activity.

2. Decision on Critical Area Identification Form.

a. If the director of community development’s analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the director of community development shall rule that the critical area review is complete and note on the identification form the reasons that no further review is required. A summary of this information shall be included in any staff report or decision on the shoreline permit.

b. If the director of community development determines that there are critical areas within or adjacent to the project area, but that the most current, accurate, and complete scientific or technical information available shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the director of community development may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the below requirements will be met. A summary of this information shall be included in any staff report or decision on the shoreline permit.

i. There will be no alteration of the critical area or buffer;

ii. The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of the city’s shoreline master program; and

iii. The proposal is consistent with other applicable regulations and standards.

c. If the director of community development determines that a critical area or areas may be affected by the proposal, then the director of community development shall notify the applicant that a critical area report must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report. A summary of this information shall be included in any staff report or decision on the shoreline permit.

d. A determination regarding the apparent absence of one or more critical areas by the director of community development is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received. If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances.

D. If the director of community development determines that a critical area or areas may be affected by the proposal, the applicant shall submit a critical area report that has been prepared by a qualified professional in accordance with Section 14.35.050, Critical area report.

E. The director of community development shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of the city’s shoreline master program. Any alteration to a critical area, unless otherwise provided for in the city’s shoreline master program, shall be reviewed and approved, approved with conditions, or denied, based on the proposal’s ability to comply with all of the following criteria:

1. The proposal minimizes the impact on critical areas in accordance with Section 14.35.060(B);

2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare, on or off the development proposal site;

3. The proposal is consistent with the general purposes of the city’s shoreline master program and the public interest;

4. Any alterations permitted to the critical area are mitigated in accordance with Section 14.35.060(A);

5. The proposal protects critical area functions and values consistent with the most current, accurate, and complete scientific or technical information available and results in no net loss of critical area functions and values; and

6. The proposal is consistent with the standards of the city’s shoreline master program and other applicable regulations and standards.

F. The city’s determination regarding critical areas pursuant to the city’s shoreline master program shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved.

G. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of the city’s shoreline master program may be appealed according to, and as part of, the appeal procedures for the permit or approval involved.(Ord. 1152 §3 (Appx. B §1.2), 2016).

14.35.030 Activities exempt from critical area review.

A. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.

B. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter, provided they are otherwise consistent with the provisions of other local, state, and federal requirements:

1. Emergency actions necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter.

a. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer.

b. The person or agency undertaking such action shall notify the director of community development within one working day following commencement of the emergency activity. Following such notification, the director of community development shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director of community development determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions may apply.

c. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area special study and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area special study, and mitigation plan must be reviewed by the director of community development. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner.

2. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.

3. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching.

4. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222; provided, that forest practice conversions are not exempt. (Ord. 1152 §3 (Appx. B §1.3), 2016).

14.35.040 Activities allowed without critical areas submittals.

A. Activities allowed under this section are subject to review and approval by the city, but do not require submittal of a critical area identification form or critical area report. The director of community development may apply conditions to the underlying permit or approval to ensure that the activity is consistent with the provisions of the city’s shoreline master program.

B. All activities allowed under this section must be conducted using best management practices that result in the least amount of impact to critical areas and their buffers. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.

C. The following activities are allowed provided they are consistent with all applicable provisions of the city’s shoreline master program:

1. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to a critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement.

2. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city-authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater.

3. Utility projects that have minor or short-duration impacts to critical areas, as determined by the director of community development in accordance with the criteria below, and which do not significantly impact the function or values of a critical area; provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:

a. There is no practical alternative to the proposed activity with less impact on critical areas;

b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and

c. The activity involves disturbance of an area less than seventy-five square feet.

4. Public and private pedestrian trails, except in wetlands, fish and wildlife habitat conservation areas, or their buffers, subject to the following:

a. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and

b. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

5. The following vegetation removal activities; provided, that activities comply with the regulations of Section 14.34.490, Vegetation conservation, and that no vegetation shall be removed from a critical area or its buffer without approval from the director of community development:

a. The removal of invasive and noxious weeds with hand labor and light equipment.

b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that:

i. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees.

(A) Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within fourteen days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of the city’s shoreline master program.

ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional.

iii. Any trees that are removed must be replaced with new trees at a ratio of two replacement trees for each tree removed within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter-at-breast height for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball.

iv. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts.

c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the state Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan.

6. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with Washington State Department of Fish and Wildlife management recommendations, Washington State Department of Agriculture and U.S. Environmental Protection Agency regulations, and any other applicable regulations.

7. Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.

8. Construction or modification of boundary markers. (Ord. 1152 §3 (Appx. B §1.4), 2016).

14.35.050 Critical area report.

A. If the director of community development determines that critical areas may be affected by the proposal and a critical area report is required, the report shall be prepared pursuant to this section. The applicant shall pay all expenses associated with the preparation of critical area reports required by the city.

B. Requirements.

1. The critical area report must be prepared by a qualified professional.

2. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used.

3. At a minimum, a critical area report shall contain the following, as applicable:

a. The name and contact information of the applicant, a description of the proposal, and identification of any permits known to be required.

b. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site.

c. A site plan (to scale) including, but not limited to, the development proposal, critical areas and buffers, and areas to be cleared.

d. Identification and characterization of all critical areas, wetlands, waterbodies, and buffers adjacent to the proposed project area.

e. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations.

f. An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development.

g. A description of reasonable efforts made to apply mitigation sequencing pursuant to Section 14.35.060(B).

h. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with Section 14.35.060(C).

i. Any additional information required for the critical area as specified in a specific section in this chapter.

j. A statement specifying the accuracy of the report, and assumptions made and relied upon.

4. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the director of community development.

C. The director of community development may require additional information to be included in a critical area report when determined to be necessary to the review of the proposed activity in accordance with the city’s shoreline master program. (Ord. 1152 §3 (Appx. B §1.5), 2016).

14.35.060 Mitigation.

A. General Requirements.

1. The applicant shall avoid all impacts that degrade the functions and values of a critical area. If alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the most current, accurate, and complete scientific and technical information available in accordance with an approved critical area report, so as to result in no net loss of critical area functions and values.

2. Mitigation shall be in-kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.

3. Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.

B. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the below sequential order of preference. Mitigation for individual actions may include a combination of the below measures:

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 by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;

4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

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

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

7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.

C. When mitigation is required, the applicant shall submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan shall include:

1. A description of the anticipated impacts to critical areas and the mitigating actions proposed, including compensation goals and objectives, mitigation site selection, and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area.

2. Performance standards for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of the city’s shoreline master program have been met.

3. Detailed construction plans.

4. A program for monitoring construction of the compensation project and for assessing the completed project. A protocol shall be included outlining the schedule for site monitoring and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document 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.

5. A contingency plan including identification of potential courses of action and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

6. Financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented.

a. The city may require the applicant to submit a surety for the construction and/or maintenance of any mitigation measures required under this chapter for a period not to exceed five years from the date of substantial completion of work. The city may release the surety earlier than assigned if a technical assessment prepared by a qualified professional affirms that the mitigation measure is functioning in accordance with its design.

b. The value of a construction surety shall be not less than one hundred twenty-five percent of the contract cost for the mitigation improvement as estimated by the city engineer. The value of a maintenance surety shall be not less than fifteen percent of the total value of the mitigation improvement as estimated by the city engineer. The surety shall meet the approval of the city attorney.

c. The property owner, or his or her successors, shall be responsible for the maintenance of any mitigation measure required under this chapter.

D. The city may encourage, facilitate, and approve innovative mitigation projects that are based on the most current, accurate, and complete scientific and technical information available. (Ord. 1152 §3 (Appx. B §1.6), 2016).

14.35.070 General critical area protective measures.

A. Unless otherwise provided, buildings and other structures shall be set back a distance of fifteen feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required.

1. The following may be allowed in the building setback area: landscaping; uncovered decks; building overhangs, if such overhangs do not extend more than eighteen inches into the setback area; and impervious ground surfaces, such as driveways and patios.

B. Notice on Title.

1. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the Grays Harbor County auditor according to the direction of the city. The notice shall state the presence of the critical area or buffer on the property, the application of critical area regulations to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall "run with the land."

2. This notice on title shall not be required for a development proposal by a public agency or public or private utility:

a. Within a recorded easement or right-of-way;

b. Where the agency or utility has been adjudicated the right to an easement or right-of-way; or

c. On the site of a permanent public facility.

C. Native Growth Protection Areas.

1. Unless otherwise required in this chapter, native growth protection areas shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffers listed below:

a. All landslide hazard areas and buffers;

b. All wetlands and buffers;

c. All fish and wildlife habitat conservation areas; and

d. All other lands to be protected from alterations as conditioned by project approval.

2. Native growth protection areas shall be recorded on all documents of title of record for all affected lots.

3. Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city attorney. The designation shall include the following restrictions:

a. An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment; and

b. The right of the city to enforce the terms of the restriction.

D. Reasonable access to the site shall be provided to the city, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. (Ord. 1152 §3 (Appx. B §1.7), 2016).

Article II. Wetland Delineation and Protection

14.35.080 Purpose.

The purpose of this article is to regulate land use to avoid adverse effects on wetlands and maintain the functions and values of wetlands throughout the city’s shoreline jurisdiction. (Ord. 1152 §3 (Appx. B §2.1), 2016).

14.35.090 Identification and rating.

A. The city adopts by reference the following maps and science resources for wetlands in the city’s shoreline jurisdiction:

1. National Wetlands Inventory Maps, U.S. Fish and Wildlife Service.

2. Soil Survey of Grays Harbor County Area, Pacific County, and Wahkiakum County, Washington, Map Sheets 48, 49, 54 and 55, USDA, 1986.

B. Identification of wetlands and delineation of their boundaries pursuant to this article shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city’s shoreline jurisdiction meeting the wetland designation criteria in that procedure are subject to the provisions of the city’s shoreline master program.

1. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary.

C. Wetlands shall be rated according to the Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington (Ecology Publication No. 14-06-029, or as revised and approved by Ecology).

1. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant’s knowledge. (Ord. 1152 §3 (Appx. B §2.2), 2016).

14.35.100 Regulated activities.

A. The following activities are regulated, if they occur in a regulated wetland or its buffer. For any regulated activity, a critical area report may be required to support the requested activity.

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, including discharges of stormwater and domestic, commercial, or industrial wastewater.

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

4. Pile driving.

5. The placing of obstructions.

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

7. The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland.

8. "Class IV-General forest practices" under the authority of the "1992 Washington State Forest Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter amended.

9. Activities that result in:

a. A significant change of water temperature.

b. A significant change of physical or chemical characteristics of the sources of water to the wetland.

c. A significant change in the quantity, timing, or duration of the water entering the wetland.

d. The introduction of pollutants.

e. An ecological impact to the physical, chemical, or biological characteristics of wetlands.

B. The subdivision and/or short subdivision of land in wetlands and associated buffers are subject to the following:

1. Land that is located wholly within a wetland or its buffer may not be subdivided.

2. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is:

a. Located outside of the wetland and its buffer; and

b. Meets minimum lot size requirements. (Ord. 1152 §3 (Appx. B §2.3), 2016).

14.35.110 Certain isolated Category III and IV wetlands.

The following wetlands are not required to apply the buffer provisions contained in this article and the normal mitigation sequencing process in Section 14.35.060(B). They may be filled if impacts are fully mitigated based on provisions in Section 14.35.160, Compensatory mitigation. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements in Section 14.35.150, Critical area report for wetlands, must be submitted.

A. All isolated Category III and IV wetlands less than one thousand 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 State Department of Fish and Wildlife or species of local importance. (Ord. 1152 §3 (Appx. B §2.4), 2016).

14.35.120 Allowed uses in wetlands.

The activities listed below may be allowed in wetlands. These activities do not require submission of a critical area report, except where such activities would result in a loss of the functions and values of a wetland or wetland buffer. These activities include:

A. Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority, except those developments requiring local approval for Class IV–General forest practice permits (conversions) as defined in Chapter 76.09 RCW and Chapter 222-12 WAC.

B. Conservation or preservation of soil, water, vegetation, fish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland.

C. 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, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

D. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be disturbed.

E. Enhancement of a wetland through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species.

F. Educational and scientific research activities.

G. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not expand the footprint of the facility or right-of-way. (Ord. 1152 §3 (Appx. B §2.5), 2016).

14.35.130 Wetland buffers.

A. The standard buffer widths in Table 14.35.130 have been established in accordance with the most current, accurate, and complete scientific and technical information available. They are based on the category of wetland as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington.

1. The standard 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 should 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 14.35.130. Standard Wetland Buffer Widths
Category of Wetland	Width of Buffer
IV	50 feet
III	150 feet
II	300 feet
I	300 feet

B. Buffer widths shall be increased on a case-by-case basis as determined by the director of community development 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 documentation must include, but not be limited to, the following criteria:

1. 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;

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

3. The adjacent land has minimal vegetative cover or slopes greater than thirty percent.

C. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met:

1. The wetland has significant differences in characteristics that affect its habitat functions.

2. 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 as demonstrated by a critical areas report from a qualified wetland professional.

3. The total area of the buffer after averaging is equal to the area required without averaging.

4. The buffer at its narrowest point is never less than either seventy-five percent of the required width or seventy-five feet for Category I and II, fifty feet for Category III, and twenty-five feet for Category IV, whichever is greater.

D. All mitigation sites shall have buffers consistent with the buffer requirements of this article. Buffers shall be based on the expected or target category of the proposed wetland mitigation site.

E. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field.

F. In addition to the activities listed in Section 14.35.120, Allowed uses in wetlands, the following uses may be allowed within a wetland buffer in accordance with the review procedures of this chapter, including an approved critical area report, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland.

1. Passive recreation, including:

a. Walkways and trails; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five feet in width for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable.

b. Wildlife-viewing structures.

2. Stormwater management facilities are limited to stormwater dispersion outfalls and bioswales. They may be allowed within the outer twenty-five percent of the buffer of Category III or IV wetlands only; provided, that:

a. No other location is feasible; and

b. The location of such facilities will not degrade the functions or values of the wetland.

G. Requirements for the compensation for impacts to buffers are outlined in Section 14.35.160, Compensatory mitigation.

H. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive nonnative weeds is required for the duration of the mitigation bond. (Ord. 1152 §3 (Appx. B §2.6), 2016).

14.35.140 Standards.

A. Signs and Fencing of Wetlands and Buffers.

1. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the director of community development prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

2. As a condition of any permit or authorization issued pursuant to this chapter, the director of community development may require the applicant to install permanent signs along the boundary of a wetland or buffer.

a. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another non-treated material of equal durability. Signs must be posted at an interval of one per lot or every fifty feet, whichever interval is less, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the director of community development:

Protected Wetland Area

Do Not Disturb

Contact the City of Elma

Regarding Uses, Restrictions, and Opportunities for Stewardship

3. Fencing.

a. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site.

b. Fencing installed as part of a proposed activity or as required shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. (Ord. 1152 §3 (Appx. B §2.7), 2016).

14.35.150 Critical area report for wetlands.

A. If the director of community development determines that a wetland may exist within three hundred fifteen feet of a proposed development, a wetland report, prepared by a qualified professional, shall be required.

B. In addition to the information in Section 14.35.050(B), the written report and the accompanying plan sheets shall contain the following information, at a minimum:

1. Written Report.

a. Documentation of any fieldwork performed on the site, including field data sheets for delineations, function assessments, baseline hydrologic data, et cetera.

b. A description of the methodologies used to conduct the wetland delineations, function assessments, or impact analyses including references.

c. For each wetland identified on site and within three hundred fifteen feet of the project site provide: the wetland rating; required buffers; hydrogeomorphic classification; wetland acreage based on a professional survey from the field delineation (acreages for on-site portion and entire wetland area including off-site portions); Cowardin classification of vegetation communities; habitat elements; soil conditions based on site assessment and/or soil survey information; and, to the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site.

d. A description of the proposed actions, including an estimation of area of impacts to wetlands and buffers based on the field delineation.

e. A conservation strategy for habitat and native vegetation that addresses methods to protect and enhance on-site habitat and wetland functions.

f. An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets.

2. Plan Sheets.

a. Maps (to scale) depicting delineated and surveyed wetland and required buffers on site, including buffers for off-site critical areas that extend onto the project site; the development proposal; other critical areas; grading and clearing limits; areas of proposed impacts to wetlands and/or buffers (include square footage estimates).

b. A depiction of the proposed stormwater management facilities and outlets (to scale) for the development, including estimated areas of intrusion into the buffers of any critical areas. The written report shall contain a discussion of the potential impacts to the wetlands associated with anticipated hydroperiod alterations from the project. (Ord. 1152 §3 (Appx. B §2.8), 2016).

14.35.160 Compensatory mitigation.

A. Before impacting any wetland or its buffer, an applicant shall demonstrate compliance with Section 14.35.060(B).

B. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with "Wetland Mitigation in Washington State--Part 2: Developing Mitigation Plans--Version 1" (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised), and "Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington)" (Publication No. 09-06-32, Olympia, WA, December 2009).

C. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either:

1. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or

2. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the city, such as replacement of historically diminished wetland types.

D. Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference:

1. Restoration (reestablishment and rehabilitation) of wetlands.

2. Creation (establishment) of wetlands on disturbed upland sites.

a. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the director of community development may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that:

i. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere;

ii. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site;

iii. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer; and

iv. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.

3. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement should be part of a mitigation package that includes replacing the altered area and meeting appropriate ratio requirements. Applicants proposing to enhance wetlands or associated buffers shall demonstrate:

a. How the proposed enhancement will increase the wetland’s/buffer’s functions;

b. How this increase in function will adequately compensate for the impacts; and

c. How all other existing wetland functions at the mitigation site will be protected.

4. Preservation of high-quality, at-risk wetlands as compensation is generally acceptable when done in combination with restoration, creation, or enhancement; provided, that a minimum of 1:1 acreage replacement is provided by reestablishment or creation. Ratios for preservation in combination with other forms of mitigation generally range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being altered and the quality of the wetlands being preserved. Preservation of high-quality, at-risk wetlands and habitat may be considered as the sole means of compensation for wetland impacts when the following criteria are met. All preservation sites shall include buffer areas adequate to protect the habitat and its functions from encroachment and degradation.

a. The area proposed for preservation is of high quality. The following features may be indicative of high-quality sites: Category I or II wetland rating, rare wetland type, the presence of habitat for priority or locally important wildlife species, and priority sites in an adopted watershed plan.

b. Wetland impacts will not have a significant adverse impact on habitat for listed fish, or other Endangered Species Act listed species.

c. There is no net loss of habitat functions within the watershed or basin.

d. Mitigation ratios for preservation as the sole means of mitigation shall generally start at 20:1. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost.

e. Permanent preservation of the wetland and buffer will be provided through a conservation easement or tract held by a land trust.

f. The impact area is small (generally less than one-half acre) and/or impacts are occurring to a low-functioning system (Category III or IV wetland).

E. Location of Compensatory Mitigation.

1. Compensatory mitigation actions shall be conducted within the same subdrainage basin and on the site of the alteration except when all of the below apply. In that case, mitigation may be allowed off site within the subwatershed of the impact site. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in-lieu fee program, or advanced mitigation. Compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland.

a. There are no reasonable opportunities on site or within the subdrainage basin, or opportunities on site or within the subdrainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts.

b. On-site mitigation would require elimination of high-quality upland habitat.

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

d. Off-site locations shall be in the same subdrainage basin unless:

i. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site;

ii. Credits from a state-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; or

iii. Fees are paid to an approved in-lieu fee program to compensate for the impacts.

F. It is preferred that compensatory mitigation projects be completed prior to activities that will disturb wetlands. At the least, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

G. Wetland Mitigation Ratios.

Table 14.35.160. Wetland Mitigation Ratios
Category and Type of Wetland	Creation or Reestablishment	Rehabilitation1	Enhancement1
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
1 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1a, "Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance--Version 1" (Ecology Publication No. 06-06-011a, Olympia, WA, March 2006 or as revised).

H. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance "Wetland Mitigation in Washington State--Parts I and II" (Ecology Publication No. 06-06-011a-b, Olympia, WA, March, 2006), the director of community development may allow mitigation based on the "credit/debit" method developed by Ecology in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report" (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised).

I. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards:

1. A critical area report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters described in Section 14.35.150, Critical area report for wetlands.

2. A compensatory mitigation report, including a written report and plan sheets, that must contain, at a minimum, the following elements. Full guidance can be found in "Wetland Mitigation in Washington State–Part 2: Developing Mitigation Plans (Version 1)" (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised).

a. The written report must contain, at a minimum:

i. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland-related permit(s) required for the project; and a vicinity map for the project.

ii. Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands.

iii. Description of the existing wetland and buffer areas proposed to be altered. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating.

iv. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are not undertaken (i.e., how would this site progress through natural succession?).

v. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands.

vi. A description of the proposed mitigation construction activities and timing of activities.

vii. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands).

viii. A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring.

ix. Proof of establishment of notice on title for the wetlands and buffers on the project site, including the compensatory mitigation areas.

b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:

i. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, and location of proposed wetland and/or buffer compensation actions.

ii. Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be altered, and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation.

iii. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Also, illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions.

iv. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes.

v. Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this chapter.

vi. A plant schedule for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation.

vii. Performance standards (measurable standards reflective of years post-installation) for upland and wetland communities, monitoring schedule, and maintenance schedule and actions.

J. Impacts to buffers shall be mitigated at a 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.

K. The area where the mitigation occurred and any associated buffer shall be located in a conservation easement consistent with Section 14.35.070, General critical area protective measures.

L. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project’s natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved.

M. Wetland Mitigation Banks.

1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:

a. The bank is certified under state rules;

b. The director of community development determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

c. The proposed use of credits is consistent with the terms and conditions of the certified bank instrument.

2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument.

3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument.

N. To aid in the implementation of off-site mitigation, the city may develop an in-lieu fee program. Credits from an approved in-lieu fee program may be used when the following subsections apply:

1. The director of community development determines that it would provide environmentally appropriate compensation for the proposed impacts.

2. The mitigation will occur on a site identified using the site selection and prioritization process in the approved in-lieu fee program instrument.

3. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu fee program instrument.

4. Land acquisition and initial physical and biological improvements of the mitigation site must be completed within three years of the credit sale.

5. Projects using in-lieu fee credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland scientist using the method consistent with the credit assessment method specified in the approved instrument for the in-lieu fee program.

6. Credits from an approved in-lieu fee program may be used to compensate for impacts located within the service area specified in the approved in-lieu fee instrument.

O. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations.

P. The director of community development may approve alternative critical area mitigation plans that are based on the most current, accurate, and complete scientific and technical information available, such as priority restoration plans that achieve restoration goals identified in the city’s shoreline master program. Alternative mitigation proposals must provide an equivalent or better level of protection of critical area functions and values than would be provided by the strict application of this chapter. The director of community development shall consider the following for approval of an alternative mitigation proposal:

1. The proposal uses a watershed approach consistent with "Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington)" (Ecology Publication No. 09-06-32, Olympia, WA, December 2009).

2. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas.

3. Mitigation according to subsection E of this section is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards.

4. There is clear potential for success of the proposed mitigation at the proposed mitigation site.

5. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in subsection I of this section.

6. The plan shall be reviewed and approved as part of overall approval of the proposed use.

7. A wetland of a different type is justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative.

8. Mitigation guarantees shall meet the minimum requirements as outlined in subsection (I)(2)(a)(viii) of this section.

9. Qualified professionals in each of the critical areas addressed shall prepare the plan.

10. The city may consult with agencies with expertise and jurisdiction over the resources during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. (Ord. 1152 §3 (Appx. B §2.9), 2016).

14.35.170 Unauthorized wetland alterations.

A. All development work shall remain stopped until a restoration plan is prepared and approved by the city. Such a plan shall be prepared by a qualified professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection B of this section. The director of community development shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

B. The following minimum performance standards shall be met for the restoration of a wetland; provided, that if the violator can demonstrate that greater functions and habitat values can be obtained, these standards may be modified:

1. The historic structure, functions, and values of the affected wetland shall be restored, including water quality and habitat functions.

2. The historic soil types and configuration shall be restored to the extent practicable.

3. The wetland and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration. (Ord. 1152 §3 (Appx. B §2.10), 2016).

Article III. Geologically Hazardous Areas Delineation and Protection

14.35.180 Geologically hazardous areas delineation and protection.

A. The city shall regulate development activities in geologically hazardous areas to protect the public’s health, safety and welfare. Development activities in geologically hazardous areas shall:

1. Minimize erosion and movement of sediment;

2. Preserve or replace vegetation in erosion hazard areas;

3. Prevent increased surface water discharge to adjacent properties;

4. Prevent decreased slope stability on adjacent properties; and

5. Design or mitigate projects in geologically hazardous areas to eliminate unsafe conditions to on- and off-site property owners.

B. The city adopts by reference the following maps and science resources for geologically hazardous areas in the city’s shoreline jurisdiction:

1. "Soil Survey of Grays Harbor County Area, Pacific County, and Wahkiakum County Washington," Map Sheets 48, 49, 54 and 55, USDA, 1986; and

2. "Geologic Map of the South Half of the Shelton and South Half of the Copalis Beach Quadrangles, Washington," Washington Division of Geology and Earth Resources, 1987.

C. If the location, designation, or classification of a geologically hazardous area shown on any map adopted by reference is in conflict with the determination of any field investigation, the latter shall prevail.

D. A qualified professional shall prepare any critical area report required by the city for a geologically hazardous area. The report shall:

1. Determine the exact boundaries of all geologically hazardous areas affecting the site and the impact of the proposed development on the standards set forth under subsection A of this section; and

2. Recommend mitigation measures to ensure compliance with the standards set forth under subsection A of this section or, if mitigation is not possible, recommendations for adequate buffers from the hazard or hazards to protect public health, safety and welfare. (Ord. 1152 §3 (Appx. B §3), 2016).

Article IV. Critical Aquifer Recharge Areas Delineation and Protection

14.35.190 Critical aquifer recharge areas delineation and protection.

A. The city shall regulate development activities in critical aquifer recharge areas to protect groundwater quality and quantity for use as a potable water source.

B. The city adopts by reference the following science resources for critical aquifer recharge areas in the city’s shoreline jurisdiction:

1. "Geohydrology of the Chehalis River Valley, Elma to Oakville, Grays Harbor County, Washington," Paul Eddy and Robert Carson, Washington Department of Ecology Geohydrologic Monograph No. 3, 1973; and

2. "The Use of Wellhead Protection Delineation Methods for Identifying Critical Aquifer Recharge Areas for the Elma Municipal Water Supplies," Ginny Stern, Division of Drinking Water, Washington Department of Health, May 1992.

C. If the location, designation or classification of a critical aquifer recharge area shown on any map adopted by reference is in conflict with the determination of any field investigation, the latter shall prevail.

D. A qualified professional shall prepare any critical area report required by the city for a critical aquifer recharge area. The report shall include:

1. A characterization of the site and its relationship to the aquifer;

2. A discussion of the effects of the proposed development activities and their ability to meet the established standards of the city’s shoreline master program, including this chapter; and

3. Recommended mitigation measures to ensure compliance with the standards set forth under subsection A of this section. (Ord. 1152 §4 (Appx. B §4), 2016).

Article V. Fish and Wildlife Habitat Conservation Areas Delineation and Protection

14.35.200 Purpose.

The city shall regulate development activities in fish and wildlife habitat conservation areas to maintain species in suitable habitats within their natural geographic distribution and to prevent isolated subpopulations. (Ord. 1152 §3 (Appx. B §5.1), 2016).

14.35.210 Designation.

A. All areas within the city’s shoreline jurisdiction meeting one or more of the following criteria are designated as fish and wildlife habitat conservation areas and are subject to the provisions of this chapter:

1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association.

a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered.

b. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats.

2. State priority habitats and areas associated with state priority species. Priority habitats and species are identified by the Washington State Department of Fish and Wildlife.

3. Habitats and species of local importance identified by the city pursuant to subsection C of this section.

4. Waters of the state, including lakes, rivers, ponds, streams, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031. Ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

5. Natural area preserves and natural resource conservation areas defined, established, and managed by the Washington State Department of Natural Resources.

6. Areas of rare plant species and high quality ecosystems identified by the Washington State Department of Natural Resources through the Natural Heritage Program.

7. Land useful or essential for preserving connections between habitat blocks and open spaces.

B. The city adopts by reference the following maps and science resources for fish and wildlife habitat conservation areas. The approximate locations and extents of fish and wildlife habitat conservation areas may be shown on, but shall not be limited to, the following list of maps. The maps are for reference only and do not provide a final critical area designation.

1. Washington State Department of Fish and Wildlife Priority Habitat and Species maps.

2. Washington State Department of Natural Resources water type maps.

3. Washington State Department of Natural Resources Natural Heritage Program maps.

4. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors reports published by the Washington Conservation Commission.

5. Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps.

C. The city shall accept and consider nominations for habitat areas and species to be designated as locally important.

1. Process.

a. Habitats and species may be nominated by any person.

i. The nomination should indicate whether specific habitat features are to be protected (for example, nest sites, breeding areas, and nurseries) or whether the habitat or ecosystem is being nominated in its entirety.

ii. The nomination may include management strategies for the species or habitats. Management strategies must be supported by the most current, accurate, and complete scientific or technical information available, and where restoration of habitat is proposed, a specific plan for restoration must be provided prior to nomination.

b. The director of community development shall determine whether the nomination proposal is complete and, if complete, shall evaluate it according to subsection (C)(2) of this section and make a recommendation to the city council.

c. The city council shall hold a public hearing on the proposal and vote on the nomination.

2. Habitats and species to be designated must exhibit the following characteristics:

a. Local populations of native species in danger of extirpation based on existing trends, including local populations of native species that are likely to become endangered or are vulnerable or declining;

b. The species or habitat has recreation, commercial, game, tribal, or other special value;

c. Long-term persistence of a species is dependent on the protection, maintenance, and/or restoration of the nominated habitat;

d. Areas nominated to protect a particular habitat or species represent either high-quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape;

e. Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in Elma; and

f. Without protection, there is a likelihood that the species or habitat will be diminished over the long term. (Ord. 1152 §3 (Appx. B §5.2), 2016).

14.35.220 Critical area report for fish and wildlife habitat conservation areas.

A. A critical area report for fish and wildlife habitat conservation areas shall be required when:

1. A project area is located within one hundred fifty feet of the ordinary high water mark of a waterbody subject to this chapter; or

2. A project area is located a distance equal to or less than the potential critical area buffer width and building setback of other fish and wildlife habitat conservation areas meeting the criteria of Section 14.35.210, Designation, that are not located waterward of the ordinary high water mark of a waterbody subject to this chapter.

B. In addition to the information in Section 14.35.050(B), critical area reports for habitat conservation areas must meet the following requirements:

1. The critical area report shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat.

2. The following areas shall be addressed:

a. The project area of the proposed activity;

b. All habitat conservation areas and recommended buffers within one hundred fifty feet of the project area; and

c. All shoreline areas, floodplains, other critical areas, and related buffers within one hundred fifty feet of the project area.

3. A critical area report for a habitat conservation area shall contain a habitat assessment including, at a minimum, the following information:

a. A detailed description of vegetation on and adjacent to the project area and its associated buffer;

b. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

c. A discussion of any federal, state, or local special management recommendations, including Washington State Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality;

e. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with Section 14.35.060(B); and

f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.

C. When appropriate due to the type of habitat or species present or the project area conditions, the director of community development may also require the habitat assessment to include:

1. An evaluation by an independent qualified professional regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; or

2. A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency. (Ord. 1152 §3 (Appx. B §5.3), 2016).

14.35.230 Standards.

A. General Standards.

1. A habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat.

a. All new structures and land alterations are prohibited from habitat conservation areas, except if in accordance with the city’s shoreline master program.

2. The city may condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffer, as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the most current, accurate, and complete scientific or technical information available and may include, but are not limited to, the following:

a. Establishment of buffer zones.

b. Preservation of critically important vegetation and/or habitat features.

c. Limitation of access to the habitat area.

d. Seasonal restriction of construction activities.

3. Buffers.

a. The city shall require the establishment of buffer areas for activities adjacent to habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation or areas identified for restoration established to protect the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby and shall be consistent with the management recommendations issued by the Washington State Department of Fish and Wildlife. Habitat conservation areas and their buffers shall be preserved in perpetuity through the use of native growth protection areas in accordance with Section 14.35.070(C).

b. The director of community development may allow the recommended habitat area buffer width to be averaged in accordance with a critical area report, the most current, accurate, and complete scientific or technical information available, and the management recommendations issued by the Washington State Department of Fish and Wildlife, only if:

i. It will not reduce stream or habitat functions;

ii. It will not adversely affect salmonid habitat;

iii. It will provide additional natural resource protection, such as buffer enhancement;

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

v. The buffer area width is not reduced by more than twenty-five percent in any location.

4. Signs and Fencing of Habitat Conservation Areas.

a. The outer perimeter of the habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and verified by the director of community development prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

b. As a condition of any permit or authorization issued pursuant to the city’s shoreline master program, the director of community development may require the applicant to install permanent signs along the boundary of a habitat conservation area or buffer.

i. Permanent signs must be made of a metal face and attached to a metal post or another material of equal durability. Signs must be posted at an interval of one per lot or every fifty feet, whichever interval is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director of community development:

Habitat Conservation Area

Do Not Disturb

Contact the City of Elma

Regarding Uses and Restrictions

c. Fencing.

i. The director of community development shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the director of community development shall condition any permit or authorization issued pursuant to the city’s shoreline master program to require the applicant to install a permanent fence at the edge of the habitat conservation area or buffer. Fencing installed as part of a proposed activity or as required shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.

5. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers are subject to the following:

a. Land that is located wholly within a habitat conservation area or its buffer may not be subdivided.

b. Land that is located partially within a habitat conservation area or its buffer may be divided; provided, that the developable portion of each new lot and its access are located outside of the habitat conservation area or its buffer and meet minimum lot size requirements.

c. Access roads and utilities serving the proposed development may be permitted within the habitat conservation area and associated buffers only if the city determines that no other feasible alternative exists and when consistent with the city’s shoreline master program.

6. Mitigation sites shall be located to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.

7. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.

B. Specific Standards.

1. Waterbody Buffers.

a. Unless otherwise allowed, all structures and activities shall be located outside of waterbody buffers.

b. Standard buffer widths are shown in the Tables 14.35.230-1 and 14.35.230-2 and are based on the interim water typing system described in WAC 222-16-030.

Table 14.35.230-1. Standard Shoreline Waterbody Buffers
Water Type	Environment Designation	Buffer1	Structure Setback1, 2
S (1)	Urban	50 feet	15 feet
S (1)	Urban Conservancy	110 feet	15 feet
1 Buffer and setback do not apply to water-dependent uses. Mitigation sequencing (see Section 14.35.060(B)) must be demonstrated and any adverse impacts to ecological functions mitigated. 2 Structure setback measured from edge of buffer.

Table 14.35.230-2. Other Standard Waterbody Buffers
Water Type	Buffer1	Structure Setback1
F (2,3)	100 feet	15 feet
Np (4)	50 feet	15 feet
Ns (5)	50 feet	15 feet
1 Structure setback measured from edge of buffer.

c. Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark.

d. When the director of community development determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area, the standard riparian habitat area width may be increased. (Ord. 1152 §3 (Appx. B §5.4), 2016).

Article VI. Frequently Flooded Areas Delineation and Protection

14.35.240 Purpose.

It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas. (Ord. 1152 §3 (Appx. B §6.1), 2016).

14.35.250 Designation.

This article shall apply to all areas of special flood hazards within the shoreline jurisdiction of the city. (Ord. 1152 §3 (Appx. B §6.2), 2016).

14.35.260 Standards.

All development within frequently flooded areas shall comply with Chapter 14.28, Flood Hazard Prevention, as amended, and all other applicable regulations. (Ord. 1152 §3 (Appx. B §6.3), 2016).