Chapter 19.200 WETLANDS

Chapter 19.200
WETLANDS

Sections:

19.200.205 Purpose and objectives.

19.200.210 Wetland identification and functional rating.

19.200.215 Wetland review procedures.

19.200.220 Wetland buffer requirements.

19.200.225 Additional development standards for certain uses.

19.200.230 Wetland mitigation requirements.

19.200.235 Incentives for wetland mitigation.

19.200.205 Purpose and objectives.

This chapter applies to all uses within or adjacent to areas designated as wetlands, as defined in Section 19.150.660, except those identified as exempt in Section 19.100.125. The intent of this chapter is to:

A. Achieve no net loss and increase the quality, function and values of wetland acreage within Kitsap County by maintaining and enhancing, when required, the biological and physical functions and values of wetlands with respect to water quality maintenance, stormwater and floodwater storage and conveyance, fish and wildlife habitat, movement of small animals and amphibian species, primary productivity, recreation, and education;

B. Protect the public’s health, safety and welfare, while preventing public expenditures that could arise from improper wetland uses and activities;

C. Plan wetland uses and activities in a manner that allows property owners to benefit from wetland property ownership wherever allowable under the conditions of this title;

D. Prevent turbidity and pollution of wetlands and fish or shellfish bearing waters; and

E. Maintain the wildlife habitat.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 18, 2005: Ord. 217 (1998) § 3 (part), 1998)

19.200.210 Wetland identification and functional rating.

A. General.

1. All wetland delineations shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement. All areas within the county meeting the wetland designation criteria are hereby designated critical areas and are subject to the provisions of this title.

2. Identification of hydric soils per National Resources Conservation Service (NRCS) soils survey mapping are also considered potential wetlands and subject to review and request for wetland determination and delineation.

3. All wetlands shall be categorized using the most recent Washington Department of Ecology Washington State Wetland Rating System for Western Washington, revised 2014 or as hereafter amended. Wetlands shall be generally categorized as provided in this section.

B. Wetlands.

1. Category I Wetlands. Category I wetlands include, but are not limited to, wetlands that represent rare or unique wetland types, those that are more sensitive to disturbance than most wetlands, those that are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime, or those that provide a high level of function.

2. Category II Wetlands. Category II wetlands are those wetlands that are more difficult to replace and provide high levels of some functions.

3. Category III Wetlands. Category III wetlands are those wetlands with a moderate level of function and can often be adequately replaced with mitigation.

4. Category IV Wetlands. Category IV wetlands have the lowest level of function and are often heavily disturbed.

C. Exemptions for Small Wetlands. Category III and IV wetlands that are less than one thousand square feet are exempt from the buffer provisions in this chapter when the following are met:

1. They are isolated wetlands and not part of a wetland mosaic;

2. They are not associated with riparian areas or their buffers;

3. They are not associated with shorelines of the state or their associated buffers;

4. They do not contain a Class I fish and wildlife habitat conservation area, identified by the Washington Department of Fish and Wildlife;

5. They do not contain federally listed species or their critical habitat;

6. They do not score six or more points for habitat function based on the Washington State Wetland Rating System for Western Washington;

7. A wetland report is prepared that identifies the specific wetland function affected or at risk, and provides mitigation to replace the affected or lost wetland function, on a per function basis; and

8. The fifteen-foot building and impervious surface setback in Section 19.200.220(E) also applies to exempt wetlands.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 598 (2021) § 5, 2021; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 376 (2007) § 4, 2007: Ord. 351 (2005) § 19, 2005)

19.200.215 Wetland review procedures.

A. Application Requirements. Except as otherwise provided herein, all applications for development that have the potential to impact a wetland or its largest potential buffer width shall include the following special reports at the time of application. This shall not prohibit the department from requesting reports or other information.

1. Wetland delineation report (Section 19.700.710).

2. Wetland mitigation report (Section 19.700.715).

B. Delineation of Wetland Boundaries.

1. Wetland delineations shall use the most recent edition of the federal wetland delineation manual and applicable regional supplement consistent with wetland delineation resources listed by the Washington State Department of Ecology.

2. The applicant shall be responsible for hiring a qualified wetlands specialist to determine the wetland boundaries by means of a wetland delineation. This specialist shall stake or flag the wetland boundary. When required by the department, the applicant shall hire a professional land surveyor licensed by the state of Washington to survey the wetland boundary line. The wetland boundary and wetland buffer established by this chapter shall be identified on all grading, landscaping, site, on-site septic system designs, utility or other development plans submitted in support of the project.

3. If resources allow, the department may perform a delineation of a wetland boundary on parcels where no more than one single-family dwelling unit is allowed.

4. Where the applicant has provided a delineation of a wetland boundary, the department may verify the wetland boundary at the cost of the applicant and may require that a wetland specialist make adjustments to the boundary.

C. Wetland Review Process for Single-family Dwellings.

1. Expedited Approval. Applicants proposing a single-family dwelling may receive expedited approval by the department if they choose to adopt the largest buffer width from the appropriate wetland category. Expedited approval removes the requirements of the wetland certification process for single-family dwellings (subsection (C)(2) of this section); provided, that the wetland delineation and/or wetland rating is not disputed. Administrative buffer reductions or variances will not apply. Expedited approval is not the same as expedited review.

2. Wetland Certification Process for a Single-Family Dwelling (No Encroachment Into a Wetland or Its Standard Buffer).

a. Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant may submit a single-family wetland certification form completed by a wetland specialist that certifies either:

i. No wetlands are present within three hundred feet of the project area; or

ii. Wetlands are present within three hundred feet of the project area, but all regulated activities associated with the dwelling (e.g., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.

b. If wetland buffers extend onto the site, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the department as verification that the wetland buffer signs have been placed on the subject site.

c. The wetland certification shall include a site plan provided by the wetland specialist that includes wetland location, buffer, and structure setback. The certification shall also include current wetland rating forms.

d. A survey will not be required with a single-family wetland certification form.

e. The single-family certification form may be used only to authorize single-family dwellings and associated home-site features such as driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications, or violations.

f. The single-family certification process will be monitored by the department for accuracy, and enforcement actions will be initiated should encroachment into a wetland or buffer occur.

g. The applicant/property owner assumes responsibility for any and all errors of the single-family certification form, as well as responsibility for all associated mitigation required by the department.

h. Single-family certification forms shall be filed with the Kitsap County auditor’s office.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 20, 2005)

19.200.220 Wetland buffer requirements.

A. Determining Standard Buffer Widths. The following buffer widths are based on three factors: the wetland category, the intensity of the impacts, and the functions or special characteristics of the wetland that need to be protected as established through the rating system. These factors must be determined by a qualified wetland professional using the most recent Washington State Wetland Rating System for Western Washington, revised 2014 or as hereafter amended. If a wetland meets more than one of the characteristics listed in Tables 19.200.220(B) through (E), the greater of the buffers recommended to protect the wetland is applied. Buffers shall be measured horizontally from a perpendicular line established at the wetland edge based on the buffer width identified using the tables below.

Table 19.200.220(A)
Land Use Impact “Intensity” Based on Development Types
Rating of Impact From Proposed Changes in Land Use	Examples of Land Uses That Cause the Impact Based on Common Zoning Categories
High	Commercial, urban, industrial, institutional, retail sales, residential subdivisions with more than 1 unit/acre, new agriculture (high-intensity processing such as dairies, nurseries and greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), new transportation corridors, high-intensity recreation (golf courses, ball fields)
Moderate	Single-family residential lots, residential subdivisions with 1 unit/acre or less, moderate-intensity open space (parks), new agriculture (moderate-intensity such as orchards and hay fields), transportation enhancement projects
Low	Forestry, open space (low-intensity such as passive recreation and natural resources preservation, minor transportation improvements)

Table 19.200.220(B)
Standard Width of Buffers for Category IV Wetlands, Based on the Washington State Wetland Rating System for Western Washington
Wetland Characteristics	Buffer Width by Impact of Proposed Land Use	Other Measures Recommended for Protection
Score for all 3 basic functions is less than 16 points	Low – 25 feet Moderate – 40 feet High – 50 feet	None

Table 19.200.220(C)
Standard Width of Buffers for Category III Wetlands, Based on the Washington State Wetland Rating System for Western Washington
Wetland Characteristics	Buffer Width by Impact of Proposed Land Use	Other Measures Recommended for Protection
Moderate level of function for habitat (6 – 7 points)*	Low – 75 feet Moderate – 110 feet High – 150 feet	None
Score for habitat 3 – 5 points	Low – 40 feet Moderate – 60 feet High – 80 feet	None

* Wetlands with a high habitat score of 8 – 9 points do not qualify as Category III wetlands. See Table 19.200.220(D) for Category II buffers.

Table 19.200.220(D)
Standard Width of Buffers for Category II Wetlands, Based on the Washington State Wetland Rating System for Western Washington
Wetland Characteristics	Buffer Width by Impact of Proposed Land Use (most protective applies if more than one criterion met)	Other Measures Recommended for Protection
High level of function for habitat (score 8 – 9 points)	Low – 150 feet Moderate – 225 feet High – 300 feet	Maintain connections to other habitat areas
Moderate level of function for habitat (6 – 7 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	None
High level of function for water quality improvement (8 – 9 points) and low for habitat (less than 6 points)	Low – 50 feet Moderate – 75 feet High – 100 feet	No additional surface discharges of untreated runoff
Estuarine	Low – 75 feet Moderate – 110 feet High – 150 feet	None
Interdunal	Low – 75 feet Moderate – 110 feet High – 150 feet	None
Not meeting above characteristics	Low – 50 feet Moderate – 75 feet High – 100 feet	None

TABLE 19.200.220(E)
Standard Width of Buffers for Category I Wetlands, Based on the Washington State Wetland Rating System for Western Washington
Wetland Characteristics	Buffer Width by Impact of Proposed Land Use (most protective applies if more than one criterion met)	Other Measures Recommended for Protection
Wetlands of high conservation value	Low – 125 feet Moderate – 190 feet High – 250 feet	No additional surface discharges to wetland or its tributaries No septic systems within 300 feet of wetland Restore degraded parts of buffer
Bogs	Low – 125 feet Moderate – 190 feet High – 250 feet	No additional surface discharges to wetland or its tributaries Restore degraded parts of buffer
Forested	Buffer width to be based on score for habitat functions or water quality functions	If forested wetland scores high for habitat (8 – 9 points), need to maintain connections to other habitat areas Restore degraded parts of buffer
Estuarine	Low – 100 feet Moderate – 150 feet High – 200 feet	None
Wetlands in coastal lagoons	Low – 100 feet Moderate – 150 feet High – 200 feet	None
High level of function for habitat (8 – 9 points)	Low – 150 feet Moderate – 225 feet High – 300 feet	Maintain connections to other habitat areas Restore degraded parts of buffer
Interdunal wetland with high level of function for habitat (8 – 9 points)	Low – 150 feet Moderate – 225 feet High – 300 feet	Maintain connections to other habitat areas Restore degraded parts of buffer
Moderate level of function for habitat (6 – 7 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	None
High level of function for water quality improvement (8 – 9 points) and low for habitat (less than 6 points)	Low – 50 feet Moderate – 75 feet High – 100 feet	None
Not meeting any of the above characteristics	Low – 50 feet Moderate – 75 feet High – 100 feet	None

B. Increased or Enhanced Wetland Buffer Width.

1. The buffer widths in Tables 19.200.220(B) through (E) assume that the buffer is vegetated with a native plant community appropriate for the ecoregion.

In addition to the buffer widths based on the criteria in Tables 19.200.220(B) through (E), the department may require increased buffer widths or enhanced buffer vegetation on a case-by-case basis when necessary and in consultation with the Washington Department of Ecology and affected tribes as applicable:

a. To protect wetland functions and values to meet the “no net loss” objective of this chapter;

b. When the wetland or buffer area is located within a landslide or erosion hazard area; or

c. When the standard buffer has minimum vegetation cover or is vegetated with non-native or invasive species that do not perform needed functions.

When the standard buffer is exempt and otherwise able to demonstrate “no net loss” based on the criteria in Sections 19.100.125 (Exemptions) and 19.100.130 (Standards for existing development), the buffer will not be required to be increased or enhanced.

2. If any of the scenarios in subsection (B)(1) of this section apply, the buffer width may be increased per Table 19.200.220(F) unless a wetland report demonstrates an alternative buffer width meets the “no net loss” objective.

Table 19.200.220(F)
Wetland Buffer Widths When Increase Required
Standard Buffer Width (feet)	Standard Increased Buffer Width (feet)
40	50
50	70
60	80
75	100
100	130
110	145
125	165
150	200
190	250
225	300
300	Per Wetland Report

3. When required, buffer enhancement is preferred to increasing the buffer width. Enhancement of the buffer through native planting or invasive species removal shall be demonstrated infeasible or ineffective prior to buffer width increases.

C. Provisions for Decreasing Buffer.

1. In situations where the standard buffer cannot be met, and the applicant demonstrates consistency with mitigation sequencing per Section 19.100.155(D), the department may reduce the standard buffer width consistent with this section.

a. The department may reduce the standard buffer width by up to twenty-five percent (to a width of no less than thirty feet for a single-family residence and forty feet for all other uses) in a Type I decision under Chapter 21.04.

b. Reductions greater than twenty-five percent but less than or equal to fifty percent for single-family dwellings will be a Type II decision and require notification (see Chapter 19.800, Appendix E).

c. Buffer reductions for single-family residences greater than fifty percent, and reductions greater than twenty-five percent for all other uses, shall be pursuant to a variance under Section 19.100.135.

d. In all cases, mitigation sequencing shall be demonstrated per Section 19.100.155(D). When applicable, the order of sequence for buffer reductions shall be as follows:

i. Use of buffer averaging (Type I) under this subsection (C), maintaining one hundred percent of the buffer area under the standard buffer requirement;

ii. Only when buffer averaging is not feasible, a Type I administrative critical area buffer reduction;

iii. Type II administrative critical area buffer reduction;

iv. Type III quasi-judicial critical area variance.

2. When proposing Type I buffer averaging, the following shall be met:

a. The applicant submits a wetland mitigation plan that meets the requirements as described in Chapter 19.700 (Special Reports), including demonstration of mitigation sequencing as described in Section 19.100.155(D) and that such averaging can clearly provide as great or greater functions and values as would be provided under the standard buffer, and that the decrease in buffer width is minimized by limiting the degree or magnitude of the regulated activity;

b. The total buffer area after averaging is no less than the total buffer area prior to averaging;

c. The minimum buffer width at any point will not be less than seventy-five percent of the standard buffer width, except Category III and IV wetlands with a habitat score of five points or less may be no less than fifty percent of the standard buffer width at any point.

3. When proposing a Type I or Type II administrative buffer reduction (not averaging), the following shall be met:

a. The applicant demonstrates that the criteria in Section 19.100.135(A) are met, and buffer averaging under this subsection (C) is not feasible;

b. The applicant submits a wetland mitigation plan that meets the requirements as described in Chapter 19.700 (Special Reports), including a demonstration of mitigation sequencing as described in Section 19.100.155(D); and

c. The conditions are sufficient to assure no net loss of ecological functions of the affected wetland.

4. Protection of Significant Trees. In all cases of wetland buffer reduction or averaging, significant trees within the buffer shall be identified as part of the wetland mitigation plan. Any such tree that has a drip line extending beyond the reduced buffer edge shall follow the tree protection requirements below:

a. A tree protection area shall be designed to protect each tree or tree stand during site development and construction. Tree protection areas may vary widely in shape, but must extend a minimum of five feet beyond the existing tree canopy area along the outer edge of the dripline of the tree(s), unless otherwise approved by the department;

b. Tree protection areas shall be added and clearly labeled on all applicable site development and construction drawings submitted to the department;

c. Temporary construction fencing at least thirty inches tall shall be erected around the perimeter of the tree protection areas prior to the initiation of any clearing or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction;

d. No clearing, grading, filling or other development activities shall occur within the tree protection area, except where approved in advance by the department and shown on the approved plans for the proposal;

e. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited;

f. No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention in the tree protection area; and

g. The department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.

5. Functionally Disconnected Buffer Area. Buffer areas that are functionally disconnected from a wetland by significant development may be excluded from buffer requirements as provided herein. “Significant development” for purposes of this subsection means existing public or private roads, railroads, and other legally established private developments such as homes or commercial structures; driveways are not significant development. The director shall determine if a buffer area is functionally disconnected and whether the disconnect affects all or a portion of the buffer. Where only a portion of the buffer area is affected, the buffer exclusion shall be limited in scope to that affected area.

To establish that a buffer is functionally disconnected, the applicant must provide a wetland report, meeting the requirements of Chapter 19.700 (Special Reports), confirming the existence of a distinct break in connectivity of the buffer, that there are no other hydraulic connections across the significant development (e.g., culvert), and that the disconnect blocks the protective measures provided by the buffer. Where a buffer area has been determined to be functionally disconnected, whether in whole or in part, that area may be excluded from the buffer with the following conditions:

a. All other applicable provisions of this chapter shall be met, including demonstration of no net loss of applicable functions; and

b. All significant trees within the wetland buffer shall be identified and retained.

6. Alternative buffer width when habitat corridor and/or minimization measures are provided. The buffer widths recommended for proposed land uses with high-intensity impacts to wetlands can be administratively reduced to those recommended for moderate-intensity impacts under the following conditions:

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

i. A habitat corridor. The habitat corridor shall be a connecting corridor at least one hundred feet wide, vegetated with native trees, shrubs and groundcover that connect critical areas or permanently preserved natural areas within or adjacent to and across the project site. It must be legally protected, such as through a conservation easement, and connect the wetland to any of the following:

(a) A legally protected, relatively undisturbed and vegetated area (such as priority habitats as defined by the Washington Department of Fish and Wildlife, compensatory mitigation sites, wildlife areas/refuges, parks with management plans that identify with identified areas designated as natural, natural forest, or natural area preserve);

(b) An area that is the site of a watershed project identified within, and fully consistent with, a watershed plan as defined by RCW 89.08.460;

(d) An area with equivalent habitat quality that has conservation status in perpetuity, in consultation with Washington Department of Fish and Wildlife.

ii. Minimization Measures. Measures to minimize the impacts of different land uses on wetlands, summarized in Table 19.200.220(G). Though not every measure is required, all applicable and practicable measures shall be implemented.

b. For wetlands that score less than six points for habitat, the buffer width can be reduced to that required for moderate land use impacts by applying measures to minimize the impacts of the proposed land uses, summarized in Table 19.200.220(G). Though not every measure is required, all applicable and practicable measures shall be implemented.

Table 19.200.220(G)
Examples of Measures to Minimize Impacts to Wetlands

Examples of disturbance

Activities and uses that cause disturbances

Examples of measures to minimize impacts

Lights

•

Parking lots

•

Commercial/industrial

•

Residential

•

Recreation (e.g., athletic fields)

•

Agricultural buildings

•

Direct lights away from wetland

•

Only use lighting where necessary for public safety and keep lights off when not needed

•

Use motion-activated lights

•

Use full cut-off filters to cover light bulbs and direct light only where needed

•

Limit use of blue-white colored lights in favor of red-amber hues

•

Use lower-intensity LED lighting

•

Dim light to the lowest acceptable intensity

Noise

•

Commercial

•

Industrial

•

Recreation (e.g., athletic fields, bleachers, etc.)

•

Residential

•

Agriculture

•

Locate activity that generates noise away from wetland

•

Construct a fence to reduce noise impacts on adjacent wetland and buffer

•

Plant a strip of dense shrub vegetation adjacent to wetland buffer

Toxic runoff

•

Parking lots

•

Roads

•

Commercial/industrial

•

Residential areas

•

Application of pesticides

•

Landscaping

•

Agriculture

•

Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered

•

Establish covenants limiting use of pesticides within 150 ft. of wetland

•

Apply integrated pest management (These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site.)

Stormwater runoff

•

Parking lots

•

Roads

•

Residential areas

•

Commercial/industrial

•

Recreation

•

Landscaping/lawns

•

Other impermeable surfaces, compacted soil, etc.

•

Retrofit stormwater detention and treatment for roads and existing adjacent development

•

Prevent channelized or sheet flow from lawns that directly enters the buffer

•

Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns

Pets and human disturbance

•

Residential areas

•

Recreation

•

Use privacy fencing

•

Plant dense native vegetation to delineate buffer edge and to discourage disturbance

•

Place wetland and its buffer in a separate tract

•

Place signs around the wetland buffer every 50 to 200 ft., and for subdivisions place signs at the back of each residential lot

•

When platting new subdivisions, locate greenbelts, stormwater facilities, and other lower-intensity uses adjacent to wetland buffers

Dust

•

Tilled fields

•

Roads

•

Use best management practices to control dust

7. Variance. In cases where proposed development cannot meet the Type I buffer averaging or reduction, or the Type II administrative buffer reduction criteria described in this section, a Type III quasi-judicial variance shall be required as described in Section 19.100.135.

D. Protection of Buffers. The buffer shall be identified on a site plan and on site as required by the department and this chapter. Buffers shall remain undisturbed natural vegetation areas except where the buffer can be enhanced to improve its functional attributes. Buffers shall be maintained along the wetland, as listed in Table 19.200.220(F). Refuse, fill, yard-waste or other debris shall not be placed in buffers unless otherwise allowed through an approved buffer averaging, reduction or variance in this chapter.

1. Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction, but such fences must allow for the movement of amphibians or small animals. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per county approval.

2. The department may require that permanent signs and/or fencing be placed on the common boundary between a wetland buffer and the adjacent land of the project site. Such signs will identify the wetland buffer. The department may approve an alternate method of wetland and buffer identification, if it provides adequate protection to the wetland and buffer.

E. Building or Impervious Surface Setback Lines. A building or impervious surface setback line of fifteen feet is required from the edge of any wetland buffer, including exempt wetlands in subsection (C) of this section. Minor structural or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 598 (2021) § 6, 2021; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 21, 2005)

19.200.225 Additional development standards for certain uses.

In addition to meeting the development standards of this chapter, those uses identified below shall also comply with the standards of this section and other applicable state, federal and local laws.

A. Forest Practice – Class IV General, and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this title, including the maintenance of buffers around wetlands.

B. Agricultural Restrictions. In all development proposals that would introduce or expand agricultural activities, a net loss of functions and values to wetlands shall be avoided. Wetlands shall be avoided by at least one of the following methods:

1. Locate fencing no closer than the outer buffer edge; or

2. Implement a farm resource conservation and management plan agreed upon by the conservation district and the applicant to protect and enhance the functions and values of the wetland.

C. Road/Street Repair and Construction. Any private or public road or street repair, maintenance, expansion or construction is only allowed within a critical area or its buffer when all of the following are met:

1. No other reasonable or practicable alternative exists and the road or street serves multiple properties whenever possible;

2. For publicly owned or maintained roads or streets, other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc., shall be allowed whenever possible;

3. The road or street repair and construction are the minimum necessary to provide safe roads and streets; and

4. Mitigation shall be performed in accordance with specific project mitigation plan requirements. Applicants may propose to utilize provisions contained in Section 19.200.230.

D. Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following: short plats, large lot subdivisions, performance-based developments, conditional use permits, site plan reviews, binding site plans) which include regulated wetlands shall comply with the following procedures and development standards:

1. In calculating the minimum lot area for a proposed lot, the area of permanent open water shall not be used. Other wetlands and buffer areas may be included.

2. Land division approvals shall be conditioned to require that wetlands and wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.

3. In order to avoid the creation of nonconforming lots, each new lot shall contain at least one building site that meets the requirements of this title, including buffer requirements for wetlands. This site shall also have access and a sewage disposal system location that are suitable for development and does not adversely impact the wetland.

4. In order to implement the goals and policies of this title, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site.

5. After preliminary approval and prior to final land division approval, the department may require the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer.

E. Surface Water Management. Surface water discharges from stormwater facilities or structures may be allowed in wetlands and their buffers when they are in accordance with Title 12 (Stormwater Drainage) subject to the provisions of Section 19.100.145, Special use review, and this subsection. The discharge shall neither significantly increase nor decrease the rate of flow or hydroperiod, nor decrease the water quality of the wetland. Pretreatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required.

1. Projects in the vicinity of bog wetlands shall be subject to additional stormwater requirements to avoid altering hydrologic inputs to these acidic wetlands that are highly sensitive to disturbance. The following regulations apply to bog wetlands, in addition to all other applicable requirements of this chapter:

a. Stormwater facilities must be placed outside the bog wetland buffer whenever feasible;

b. Stormwater facilities inside a bog wetland buffer are limited to the outer twenty-five percent of the buffer and must not create a single-point discharge;

c. Stormwater inputs must not alter wetland hydrology or pH; and

d. Any mitigation monitoring of a bog system must include review of stormwater facilities and monitoring for pH and retention/health of bog plant species.

F. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches and viewing platforms, may be allowed in wetlands or wetland buffers pursuant to the following standards:

1. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas.

2. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat.

3. Viewing platforms, interpretive centers, benches, picnic areas, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. Platforms shall be limited to one hundred square feet in size, unless demonstrated through a wetland mitigation plan that a larger structure will not result in a net loss of wetland functions.

4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer twenty-five percent of the buffer, except where wetland crossings or for direct access to viewing areas have been approved by the department.

5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials except where determined infeasible.

6. Regional or public trails and trail-related facilities as identified in the 2013 Kitsap County Non-Motorized Facility Plan (and associated recognized community trails), and as amended, and provided design considerations are made to minimize impacts to critical areas and buffers, shall not be subject to the platform, trail width, or trail material limitations above. Such trails and facilities shall be approved through special use review (Section 19.100.145), unless any underlying permit requires a public hearing.

G. Utilities. Placement of utilities within wetlands or their buffers may be allowed pursuant to the following standards and any other required state and federal approvals:

1. The utility maintenance or repair, as identified in Section 19.100.125(E), shall be allowed in wetlands and wetland buffers so long as best management practices are used.

2. Construction of new utilities outside the road right-of-way or existing utility corridors may be permitted in wetlands or wetland buffers only when: (a) no reasonable alternative location is available, (b) the new utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and (c) as required in the filing and approval of applicable permits and special reports (Chapter 19.700) required by this title.

3. Construction of sewer lines or on-site sewage systems may be permitted in wetland buffers only when: (a) the applicant demonstrates that the location is necessary to meet state or local health code minimum design standards (not requiring a variance for either horizontal setback or vertical separation), and (b) there are no other practicable or reasonable alternatives available and (c) construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed.

4. New utility corridors shall not be allowed when the wetland or buffer has known locations of federal- or state-listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved habitat management plan indicates that the utility corridor will not significantly impact the wetland or wetland buffer.

5. New utility corridor construction and maintenance shall protect the wetland and buffer environment by utilizing the following methods:

a. New utility corridors shall be aligned to avoid cutting trees greater than twelve inches in diameter at breast height (four and one-half feet), measured on the uphill side, unless no reasonable alternative location is available.

b. New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction densities or greater immediately upon completion of construction, or as soon thereafter as possible if due to seasonal growing constraints. The utility shall ensure that such vegetation survives.

c. Any additional utility corridor access for maintenance shall be provided at specific points rather than by parallel roads, unless no reasonable alternative is available. If parallel roads are necessary, they shall be the minimum width necessary for access, but no greater than fifteen feet, and shall be contiguous to the location of the utility corridor on the side away from the wetland. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.

d. Drilling for new utility corridors shall have entrance/exit portals located completely outside of the wetland buffer boundary, and drilling shall 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 would be disturbed.

e. The department may require other additional mitigation measures.

6. Utility corridor maintenance shall include the following measures to protect the wetland and buffer environment:

a. Painting of utility equipment, such as power towers, shall not be sprayed or sandblasted, unless appropriate containment measures are used. Lead-based paints shall not be used.

H. Parks. Development of public park and recreation facilities may be permitted in wetlands or their buffers subject to the provisions of Section 19.100.145, Special use review, and other applicable chapters of the Kitsap County Code, and any state or federal approvals. For example, enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan.

I. Pesticides. No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Where approved, they must be applied by a licensed applicator in accordance with the safe application practices on the label.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 598 (2021) § 7, 2021; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 23, 2005: Ord. 217 (1998) § 3 (part), 1998)

19.200.230 Wetland mitigation requirements.

A. Mitigation Sequencing. All impacts to wetlands or buffers shall be mitigated according to this title as described in Section 19.100.155(D).

B. Mitigation Report. Where mitigation is required under the sequencing in subsection (A) of this section, a mitigation report shall be provided in accordance with Section 19.700.715. Mitigation compliance is required per subsection (F) of this section.

C. Native Species. Planting used in all mitigation actions shall be native species appropriate to the ecoregion.

D. Wetland Buffer Mitigation Ratio. Unless otherwise specified during the agency review process, mitigation for impacts to wetland buffers caused by new or re-development activity shall be at a minimum 1:1 ratio.

E. Wetland Mitigation Ratios.

1. The following ratios appearing below in Table 19.200.230 (Wetland Mitigation Ratios), as well as consideration of the factors listed in this section, shall be used to determine the appropriate amounts of restored, rehabilitated, created or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area to be restored, rehabilitated, created or enhanced, and the second number specifies the amount of wetland area lost.

Table 19.200.230
Wetland Mitigation Ratios
Wetland Category	Reestablishment or Creation	Rehabilitation	Preservation1,2	Enhancement1
Category IV other (based on functions)	1.5:1	3:1	6:1	6:1
Category III other (based on functions)	2:1	4:1	8:1	8:1
Category III and IV interdunal wetlands	1.5:1	3:1 (limited circumstances)	6:1	Not considered an option
Category II estuarine	4:1 (reestablishment)	8:1	16:1	Case-by-case
Category II interdunal wetlands	2:1	4:1 (limited circumstances)	8:1	Not considered an option
Category II wetlands in coastal lagoons	3:1 (reestablishment only)	6:1	12:1	Not considered an option
Category II other (based on functions)	3:1	8:1	12:1	12:1
Category I forested	6:1	12:1	24:1	24:1
Category I other (based on functions)	4:1	8:1	16.1	16:1
Category I interdunal wetlands	4:1	8:1 (limited circumstances)	16.1	Not considered an option
Wetlands of high conservation value	Consult with WA DNR	Consult with WA DNR	24:1	Consult with WA DNR
Category I coastal lagoon	4:1	8:1	16:1	Not considered an option
Bogs	NA	NA	24:1	NA
Category I estuarine	3:1	6:1	12:1	Case-by-case

1 Ratios for rehabilitation, preservation, and enhancement may be reduced when combined with 1:1 replacement through reestablishment or creation. See Table 6B-2 in Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance – Version 2 (Ecology et al., 2021 or as revised).

2 All proposed preservation sites need to meet the preservation criteria listed in subsection (E)(3)(c) of this section.

2. The above ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Accordingly, in the appropriate circumstances identified below, the department may increase or decrease the ratios based on one or more of the following:

a. Replacement ratios may be increased under the following circumstances:

i. Uncertainty exists as to the probable success of the proposed restoration or creation;

ii. A significant period of time will elapse between impact and establishment of wetland functions at the mitigation site;

iii. Proposed compensation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

iv. The impact was an unauthorized impact.

b. Replacement ratios may be decreased under the following circumstances:

i. Documentation by a qualified wetland specialist demonstrates certainty that the proposed compensation actions will be successful. For example, demonstrated prior success with similar compensation actions as those proposed, and/or extensive hydrologic data to support the proposed water regime;

ii. Documentation by a qualified wetland specialist demonstrates that the proposed compensation actions will provide functions and values that are significantly greater than the wetland being impacted; or

iii. The proposed mitigation actions are conducted in advance of the impact and are shown to be successful.

3. Methods of Compensatory Mitigation. Mitigation for wetland and buffer impacts shall rely on the method listed below in order of preference. A lower-preference form of mitigation shall be used only if the applicant’s qualified wetland professional demonstrates to the department’s satisfaction that all higher ranked types of mitigation are not viable, consistent with the criteria in this section.

a. Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former or degraded wetland. Restoration is divided into two categories:

i. Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland area and functions. Example activities could include removing fill, plugging ditches, or breaking drain tiles to restore a wetland hydroperiod, which in turn will lead to restoring wetland biotic communities and environmental processes.

ii. Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland area. The area already meets wetland criteria, but hydrological processes have been altered. Rehabilitation involves restoring historic hydrologic processes. Example activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland.

b. Establishment (Creation). The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland where a wetland did not previously exist at an upland site. Establishment results in a gain in wetland area and functions. An example activity could involve excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils by intercepting groundwater, and in turn supports the growth of hydrophytic plant species.

i. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the department may authorize establishment of a wetland and buffer upon demonstration by the applicant’s qualified wetland professional that:

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

(b) Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts);

(d) The proposed wetland would not be established at the cost of another high-functioning habitat (i.e., ecologically important uplands).

c. Preservation. The removal of a threat to, or preventing the decline of, wetlands by an action in or near those wetlands. This term includes activities commonly associated with the protection and maintenance of wetlands through the implementation of appropriate legal and physical mechanisms such as recording conservation easements and providing structural protection like fences and signs. Preservation does not result in a gain of aquatic resource area but may result in a gain in functions over the long term. When restoration and/or establishment are not viable, preservation of a wetland and associated buffer can be used only if:

i. The department determines that the proposed preservation is the best mitigation option;

ii. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations;

iii. The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or sub-basin. Some of the following features may be indicative of high-quality sites:

(a) Category I or II wetland rating pursuant to Section 19.200.210.

(b) Rare or irreplaceable wetland type (e.g., mature forested wetland, estuaries, etc.) or aquatic habitat that is rare or a limited resource in the area.

(d) Provides biological and/or hydrological connectivity to other habitats.

(e) Priority sites identified in an adopted watershed plan.

iv. Permanent preservation of the wetland and buffer shall be provided through a legal mechanism such as a conservation easement or tract.

v. The department may approve another legal and administrative mechanism in lieu of a conservation easement if it is determined to be adequate to protect the site in perpetuity.

d. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific wetland function(s). Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in the gain of selected wetland function(s) but may also lead to a decline in other wetland function(s). Enhancement does not result in a gain in wetland area. Enhancement activities could include planting vegetation, controlling nonnative or invasive species, and modifying site elevations to alter hydroperiods in existing wetlands. Applicants proposing to enhance wetlands and/or associated buffers shall demonstrate how the proposed enhancement will increase the wetland and/or buffer functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected.

F. Mitigation Compliance.

1. Unless otherwise specified, mitigation shall take place prior to final project inspection to provide assurance that it will be completed and to mitigate for temporal loss of wetland functions.

2. Mitigation requirements shall run with the parcel, and notice of such requirements shall be recorded as a covenant. Mitigation as conditioned under project approval shall be maintained in perpetuity, except where authorized through review of an alternative mitigation plan.

3. In the event that a subsequent landowner applies for additional permits, the electronic permit database will be queried for past mitigation and monitoring requirements. If such mitigation is no longer in place or functioning, it shall be reinstalled prior to permit issuance.

4. Mitigation enforcement shall occur under the authority of Chapter 19.100, Introduction and Approval Procedures.

5. Monitoring shall be required for all wetland mitigation. Kitsap County shall require monitoring reports on an annual basis for a minimum of five years and up to ten years, or until the department determines that the mitigation project has achieved success. The wetland mitigation plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project-specific and use best available science to aid the department in evaluating whether or not the project has achieved success (see Chapter 19.700 and Sections 19.700.710 and 19.700.715, Special Reports).

G. Alternative Mitigation Plans.

1. The department may approve alternative wetland mitigation plans identified in this section that are based on best available science, such as priority restoration plans that achieve restoration goals identified in Title 22, Appendix C, Shoreline Restoration Plan. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. Mitigation requirements may be determined using the Credit-Debit Method described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011), or as amended.

The department shall consider the following for approval of an alternative mitigation proposal:

a. 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), or as amended.

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

c. Other on-site mitigation, as described above, is not feasible due to site constraints, such as parcel size, stream type, wetland category, or geologic hazards.

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

e. The plan contains clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions of the wetland mitigation plan (Chapter 19.700, Special Reports).

2. Off-Site Compensatory Mitigation.

a. Considerations for determining whether off-site mitigation is preferable include, but are not limited to:

i. On-site conditions do not favor successful establishment of the required vegetation type, or lack the proper soil conditions, or hydrology, or may be severely impaired by the effects of the adjacent development;

ii. On-site compensation would result in isolation from other natural habitats;

iii. Off-site location is crucial to one or more species that is threatened, endangered, or otherwise of concern, and the on-site location is not;

iv. Off-site location is crucial to larger ecosystem functions, such as providing corridors between habitats, and the on-site location is not; and

v. Off-site compensation has a greater likelihood of success or will provide greater functional benefits.

b. When determining whether off-site mitigation is preferable, the value of the site-specific wetland functions at the project site, such as flood control, nutrient retention, sediment filtering, and rare or unique habitats or species, shall be fully considered.

c. When conditions do not favor on-site compensation, off-site compensatory mitigation should be located as close to the impact site as possible, but at least within the same watershed, while still replacing lost functions.

d. Off-site compensatory mitigation may include the use of a wetland mitigation bank or an in-lieu fee program.

i. Mitigation Banking. Kitsap County encourages the creation of a public or private mitigation banking system when feasible.

(a) The approval authority determines that it would provide appropriate compensation for the proposed impacts;

(b) The impact site is located in the service area of the bank;

(c) The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument; and

(d) Replacement ratios for projects using bank credits are consistent with replacement ratios specified in the certified mitigation bank instrument.

ii. In-Lieu-Fee Mitigation. Credits from an approved in-lieu-fee program may be used when all of the following apply:

(a) The approval authority determines that it would provide environmentally appropriated compensation for the proposed impacts.

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

(c) Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument of the in-lieu-fee program.

(d) The impacts are located within the service area specified in the approved in-lieu-fee instrument.

3. Advance Mitigation. Mitigation for projects with preidentified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal, state and local laws and guidance on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation (Ecology Publication No. 12-06-15).

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 25, 2005. Formerly 19.200.250)

19.200.235 Incentives for wetland mitigation.

Kitsap County recognizes that property owners wish to gain economic benefits from their land. The county encourages such mechanisms as the open space tax program (Chapter 18.12), conservation easements and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in this title. Buffers dedicated as permanent open space tracts may qualify for the open space taxation program and will be offered the opportunity to be entered into this program. Kitsap County may offer to purchase these lands through the conservation futures fund, as funding is available.

(Ord. 633 (2024) § 5 (App.), 2024; Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 27, 2005 Ord. 217 (1998) § 3 (part), 1998. Formerly 19.200.260)