Chapter 15.18 CRITICAL AREAS

B. The purpose of this chapter is to designate and protect ecologically sensitive and hazardous areas within the city, as required by RCW 36.70A.060, while allowing for the reasonable use of property.

C. Critical areas within the city include wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, and frequently flooded areas. (Ord. 1863 § 1, 2017)

15.18.020 Relationship to other regulations.

A. The CAO shall apply as an overlay to RMC Titles 15, Unified Development Code, 16, Building and Construction, and 17, Comprehensive Plan.

B. In shoreline jurisdiction, if there is a conflict with the provisions of this chapter and the shoreline master program (SMP), the SMP takes precedence. (Ord. 1863 § 2, 2017)

15.18.030 Interpretation.

In the interpretation and application of this chapter, its provisions shall be the minimum requirements necessary, shall be liberally construed to serve the purposes of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute. (Ord. 1863 § 3, 2017)

15.18.040 Severability.

If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstance shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence, paragraph, section, or part of this law are hereby declared to be severable. (Ord. 1863 § 4, 2017)

15.18.050 Applicability.

A. The provisions of this chapter shall apply to all lands, all land uses and development activities, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the city. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter.

B. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement, in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter. (Ord. 1863 § 5, 2017)

15.18.060 Definitions.

This section incorporates all definitions provided under RMC Titles 15, 16, and 17.

A. “Administrator” means the director of public works or designee.

B. “Critical areas” includes the following areas and ecosystems as defined in RCW 36.70A.030 and WAC 365-195-200:

1. Wetlands;

2. Areas with a critical recharging effect on aquifers used for potable waters;

3. Fish and wildlife habitat conservation areas;

4. Frequently flooded areas; and

5. Geologically hazardous areas.

C. “Fish and wildlife habitat conservation area” means land managed for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species always, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region. In some cases, intergovernmental cooperation and coordination may show that it is sufficient to assure that a species will usually be found in certain regions across the state. Fish and wildlife habitat conservation areas include areas with which endangered, threatened, and sensitive species have a primary association; waters of the state; state natural area preserves and natural conservation areas; and streams and rivers planted with game fish by a governmental agency. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

D. “Geologically hazardous areas” means areas that, because of the susceptibility to erosion, sliding, earthquake, or other geological events, are not generally suited to locating commercial, residential, or industrial development consistent with public health or safety concerns. Geologically hazardous areas are characterized by slopes greater than 15 percent and known erosion, landslides, settling, rockslide, debris flow and/or seismic hazards as defined by the U.S. Department of Agriculture Soil Conservation Service.

E. Species of Concern. Species of concern in Washington include those species listed as state endangered, state threatened, state sensitive, or state candidate, as well as species listed or proposed for listing by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. See WAC 232-12-297 for further definition.

F. Type S Water. “Type S water” means all waters, within their bankfull width, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands.

G. Type F Water. “Type F water” means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories:

1. Waters, which are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered as Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;

2. Waters, which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F water designation provided the department determines after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that:

a. The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and

b. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;

3. Waters, which are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail, or other park improvement;

4. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:

a. The site must be connected to a fish habitat stream and accessible during some period of the year; and

b. The off-channel water must be accessible to fish.

H. Type Np Water. “Type Np water” means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.

I. Type Ns Water. “Type Ns water” means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters.

J. “Waters of the state” includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

K. “Wetland or wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created because of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

L. Qualified Professional. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. (Ord. 1863 § 6, 2017)

15.18.070 Compliance with critical areas protection.

All public and private land uses in the city of Raymond shall comply with the requirements of this chapter as a condition to any project permit application granted under Chapter 15.08 RMC. (Ord. 1863 § 7, 2017)

15.18.080 Exempt activities in critical areas.

A. The following uses or activities within a critical area or critical area buffer are exempt from the requirements of this chapter to the extent that they are not prohibited by other state or federal laws and do not degrade the critical area:

1. Conservation, enhancement, restoration, or preservation measures or projects;

2. Low intensity, passive recreational uses;

3. Short-term scientific studies and educational uses;

4. Maintenance, operation, and/or repair of existing rights-of-way, trails, roads, bridges, buildings, utilities, and other facilities;

5. Maintenance of existing, lawfully established landscaping and gardens, including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, and pruning and planting of ornamental vegetation or indigenous native species;

6. Maintenance, repair, or replacement of an existing nonconforming structure that does not further alter or increase the impact to the critical area or buffer and results in no increased risk to life or property;

7. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the existing public rights-of-way or private roadway;

8. The removal of hazard trees that are posing a threat to public safety or an imminent risk of damage to a permanent structure;

9. Navigation aids and boundary markers;

10. Existing and ongoing agricultural activities, if they implement applicable best management practices (BMPs) contained in the latest editions of the USDA Natural Resources Conservation Service Field Office Technical Guide; or develop a farm conservation plan in coordination with the local conservation district. BMPs and/or farm plans should address potential impacts to wetlands from livestock, nutrient and farm chemicals, soil erosion and sediment control, and agricultural drainage infrastructure. BMPs and/or farm plans should ensure that ongoing agricultural activities minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat;

11. Site investigation work necessary for land use applications; and

12. Class 1 through 3 forest practices governed by Chapter 76.09 RCW. (Ord. 1863 § 8, 2017)

15.18.090 Overlapping critical areas.

A critical area may overlap with other identified critical areas. Likely areas of overlap include geologically hazardous areas, wetlands, and fish and wildlife habitat conservation areas. When a critical area overlaps with one or more critical areas, all the performance standards established for the overlaying critical area(s) shall apply. If multiple critical areas overlap in an area, the most restrictive conditions shall apply. (Ord. 1863 § 9, 2017)

15.18.100 Emergency work in critical areas.

The administrator may authorize emergency work in critical areas without a permit if that official determines an imminent threat to public health or safety will occur before completion of normal permit procedures. Emergency work shall be limited to abating the emergency only and restoration of the critical area, if possible, shall follow the emergency. (Ord. 1863 § 10, 2017)

15.18.110 Critical area project review process and technical assessments.

A. The administrator shall review each project permit application or threshold decision to determine if the proposed project will alter the functions of a critical area.

B. If the review of a project permit application determines that a parcel is in or within 300 feet of a critical area, the administrator shall visit the site. Using the best available science cited in this chapter, information provided by the applicant, and any other information available, the administrator shall decide as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient, the administrator shall notify the applicant to provide additional assessments before the issuance of a determination of completeness as provided under Chapter 15.08 RMC or a threshold decision as provided under Chapter 15.12 RMC.

C. It shall be the responsibility of the applicant to provide the city with the appropriate technical reports prepared by a qualified professional, if necessary, to fulfill the requirements of an application for a project permit review. The applicant shall pay all expenses associated with the preparation of any technical report required by the city. Technical reports shall use the best available science in accordance with RCW 36.70A.172. (Ord. 1863 § 11, 2017)

15.18.120 Critical area maps.

Maps showing the approximate location of critical areas shall be used only as a guide for the city, project applicants, and/or property owners. These maps shall serve as a reference only and do not provide a final designation. The exact location of a critical area’s presence or boundary shall be determined through the performance of a field investigation by a qualified professional. (Ord. 1863 § 12, 2017)

15.18.130 Critical area markers and signs.

A. As a condition of approval for any project permit application, the administrator may require that a property owner mark the outer boundary of a critical area or buffer with temporary signs before beginning construction or site alteration. The administrator may require a property owner, at his or her expense, to have the critical area boundary marked or verified by a qualified professional.

B. As a condition of approval for any project permit application, the administrator may require that the property owner mark the outer edge of a critical area tract or easements with permanent survey stakes or other appropriate methods. (Ord. 1863 § 13, 2017)

15.18.140 Mitigation.

A. Development activities affecting the ecological function of a critical area may require mitigation. Before the city may approve such development activity, the applicant shall demonstrate through a technical assessment the inability to avoid impacts to the critical area and that the action minimizes those impacts to the greatest extent practicable. The technical assessment shall evaluate the development activity as to whether it is possible to:

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

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

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

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

5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and/or

6. Monitor the impact and take appropriate corrective measures. (Ord. 1863 § 14, 2017)

15.18.150 Mitigation plan requirements.

A. 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 the following elements:

1. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

a. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions of the impacted critical area;

b. A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed; and

c. An analysis of the likelihood of success of the compensation project.

2. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met.

3. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

a. The proposed construction sequence, timing, and duration;

b. Grading and excavation details;

c. Erosion and sediment control features;

d. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

e. Measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, and topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated outcome.

4. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years 1, 3, 5, and 7 after site construction), 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. Contingency Plan. The mitigation plan shall include 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. (Ord. 1863 § 15, 2017)

15.18.160 Sureties for mitigation improvements.

A. The city may require the applicant to submit a surety for the construction, maintenance, and/or monitoring of any mitigation measures required under this chapter for a period not to exceed the established monitoring period. 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 amount of a construction surety shall be not less than 125 percent of the contract cost for the mitigation improvement as estimated by the administrator. The amount of a maintenance surety shall be not less than 15 percent of the total cost of the mitigation improvement as estimated by the administrator. The surety shall meet the approval of the city attorney. (Ord. 1863 § 16, 2017)

15.18.170 Responsibilities for mitigation improvements.

The property owner, or his or her successors, shall be responsible for the monitoring and maintenance of any mitigation measure required under this chapter. (Ord. 1863 § 17, 2017)

15.18.180 Mitigation monitoring.

The city may require annual monitoring reports from the property owner or his/her designated representative pertaining to the performance of any improvements required under this chapter. (Ord. 1863 § 18, 2017)

15.18.190 Reasonable use exceptions.

A. The intent of protecting critical areas and its application within the city is not to deny all reasonable use of private property. If an applicant demonstrates to the satisfaction of the administrator that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions.

B. Any property owner may request relief from the provision of this chapter by making application to the administrator for a reasonable use exception.

C. The applicant requesting relief from the strict application of this chapter shall demonstrate that the following five conditions exist:

1. No reasonable use of the property is possible without some impact to the critical area;

2. No feasible and reasonable on-site alternative to the proposed activities is possible, including possible changes in site layout, reductions in density, and similar factors that would allow a reasonable economic use with fewer adverse impacts;

3. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas, considering their functions and/or the risks associated with proposed development;

4. The inability to derive reasonable economic use is not the result of the applicant’s actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition; and

5. Any alteration of a critical area approved under this section shall be subject to appropriate conditions and will require mitigation under an approved mitigation plan.

D. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city regulations. (Ord. 1863 § 19, 2017)

15.18.200 Variances.

A. Applications for variances from the strict application of the terms of this chapter to a specific property may be submitted to the city. The planning commission shall consider all variance requests pursuant to Chapter 15.52 RMC. Approval of variances by the city council from the strict application of the CAO requirements shall be consistent with the following criteria:

1. There are unique physical conditions peculiar and inherent to the affected property that makes it difficult or impractical to comply with the provisions of this chapter;

2. The variance is the minimum necessary to accommodate the building footprint and access;

3. The proposed variance would preserve the functions of the critical area, and/or the proposal does not create or increase a risk to the public health, safety, and general welfare, or to public or private property;

4. The proposed variance would not adversely affect properties surrounding the subject site;

5. Adverse impacts to critical areas resulting from the proposal are minimal;

6. The special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner; and

7. The variance shall not constitute a grant of special privilege. (Ord. 1863 § 20, 2017)

15.18.210 Wetlands designation and protection.

A. The city shall regulate development activities to protect the function of wetlands, including their ability to:

1. Provide flood and stormwater control;

2. Improve surface and ground water quality by trapping sediments, removing nutrients, and providing chemical detoxification; and

3. Provide habitat for fish and wildlife.

B. The following activities are regulated if they occur in a regulated wetland or its buffer:

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

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

5. The placing of obstructions;

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

7. Significant vegetation removal; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules;

8. Other uses or development that results in an ecological impact to the physical, chemical, or biological characteristics of wetlands; or

9. Activities reducing the functions of buffers.

C. The city adopts by reference the following maps and best available science resources for designating wetlands:

1. U.S. Fish and Wildlife Service wetlands mapper (www.fws.gov/wetlands/data/mapper.html);

2. Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, Version 7.0, 2010, USDA National Resources Conservation Service;

3. Most current approved U.S. Army Corps of Engineers Wetland Delineation Manual, Wetlands Research Program Technical Report Y 87-1 (online edition), January 1987, and subsequent regulatory guidance letters; and

4. U.S. Army Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), May 2010 or as revised.

D. The city adopts by reference the following best available science for rating wetlands:

1. The Washington State Wetland Rating System for Western Washington, Washington Department of Ecology, 2014, No. 14-06-029 or as revised and approved by Ecology.

E. The city adopts by reference the following best available science for mitigating wetlands:

1. Wetland Mitigation in Washington State, Parts 1 and 2, 2006, Publication Numbers 06-06-011a and 06-06-011b or as revised.

2. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Report, March 2012. Washington State Department of Ecology Publication No. 10-06-11 or as revised.

F. The city adopts by reference the following best available science for wetland buffers and general guidance:

1. Wetlands in Washington State, Volumes 1 and 2, 2005, Publication Nos. 05-06-006 and 05-06-008;

2. Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001. (Ord. 1863 § 21, 2017)

15.18.220 Wetland buffers required.

A. Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland.

B. The total point score from the wetland rating form shall determine the width of required buffers. Buffer widths are measured perpendicularly from the wetland boundary as determined through a field survey. Buffer widths shall not include those areas functionally and effectively disconnected from the wetland, such as by a road or other structures. When a buffer lacks adequate vegetation, the city may increase the standard buffer, require buffer planting or enhancement, and/or deny a proposal for buffer reduction or buffer averaging.

C. The city adopts the following dimensions for required wetland buffers shown in Table 1:

Table 1: Required Wetland Buffer Widths
Wetland category	Standard buffer width	Additional buffer width if wetland scores 5 habitat points	Additional buffer width if wetland scores 6 – 7 habitat points	Additional buffer width if wetland scores 8 – 9 habitat points
Category 1: Based on total score	75 feet	Add 30 feet	Add 90 feet	Add 150 feet
Category 1: Natural heritage wetland	190 feet	NA	NA	Add 35 feet
Category 1: Forested wetland	75 feet	Add 30 feet	Add 90 feet	Add 150 feet
Category 1: Estuarine wetland	150 feet	NA	NA	NA
Category 2: Based on total score	75 feet	Add 30 feet	Add 90 feet	Add 150 feet
Category 2: Estuarine wetland	110 feet	NA	NA	NA
Category 3: (All)	60 feet	Add 45 feet	Add 105 feet	NA
Category 4: (All)	40 feet	NA	NA	NA

D. Development adjacent to wetland buffers shall implement the following where applicable:

1. Route stormwater runoff away from buffer and wetland if storm drainage conveyance system is available;

2. Use low impact development techniques to reduce water quality impacts if storm drainage conveyance system is not available;

3. Encourage adjacent landowner(s) to use best management actions relating to fertilizers and pesticides;

4. Direct lights away from wetlands;

5. Locate activity that generates noise away from wetland. If warranted, enhance the existing buffer with native vegetation plantings adjacent to noise source. For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer; and

6. Use privacy fencing or plant dense vegetation to delineate buffer edge, and to discourage disturbance, using vegetation appropriate for the ecoregion.

E. The following wetlands may be exempt from the requirement to avoid impacts, and they may be filled if the impacts are fully mitigated based on the remaining actions in RMC 15.18.240. 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. To verify the following conditions, a critical area report for wetlands meeting the requirement in RMC 15.18.250 must be submitted:

1. All isolated Category IV wetlands less than 4,000 square feet that:

a. Are not associated with riparian areas or their buffers;

b. Are not associated with shorelines of the state or their associated buffers;

c. Are not part of a wetland mosaic;

d. Do not score five or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); or

e. Do not contain a priority habitat or a Priority Area 1 for a priority species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance, identified in RMC 15.18.290.

2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this section.

F. Required wetland buffer widths do not extend over the upland side of an existing road, rail grade, or street that divides a wetland buffer area. (Ord. 1863 § 22, 2017)

15.18.230 Wetland buffering average.

A. The administrator may allow the averaging of buffer widths in accordance with a wetland technical report if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. Buffer averaging may occur in the following situations:

1. Averaging to improve wetland protection when all the following conditions are present:

a. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area;

b. 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; the total area of the buffer after averaging is equal to the area required without averaging; and

c. The buffer at its narrowest point is never less than three-quarters of the required width.

2. Averaging to allow reasonable use of a parcel when all the following conditions are present:

a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging;

b. The averaged buffer will not result in degradation of the wetland’s functions as demonstrated by a report from a qualified wetland professional;

c. The total buffer area after averaging is equal to the area required without averaging; and

d. The buffer at its narrowest point is never less than three-quarters of the required width.

e. Averaging below three-quarters of the required width shall require a variance. (Ord. 1863 § 23, 2017)

15.18.240 Wetland mitigation.

A. If an application for development activities makes it necessary to alter or eliminate a wetland, the applicant shall compensate the loss or alteration by one or more of the following actions:

1. Restoring wetland acreage and functions to an area where it formerly occurred;

2. Creating a new wetland area with functions in an area where they did not previously occur;

3. Enhancing the functions at an existing wetland; and/or

4. Preserving the functions of an existing high-quality wetland to protect it from future loss or degradation.

5. Mitigation is allowed if there is no net loss of ecological function.

B. Altered wetlands shall require mitigation to ensure the same level of wetland function that existed at the time of the permit application. Table 2 below sets mitigation ratios for the type of action taken.

Table 2: Wetland Mitigation Ratios
	Category 1	Category 1 Forested	Category 1 Estuary	Category 2	Category 2 Estuary	Category 3	Category 4
Re-establishment or creation	4:1	6:1	Case-by-case	3:1	Case-by-case	2:1	1.5:1
Rehabilitation only	8:1	12:1	6:1	6:1	4:1	4:1	3:1
Re-establishment or creation (RC) & rehabilitation (RH)	1:1 RC & 6:1 RH	1:1 RC & 10:1 RH	Case-by-case	1:1 RC & 4:1 RH	Case-by-case	1:1 RC & 2:1 RH	1:1 RC & 1:1 RH
Re-establishment (RC) or creation & enhancement (E)	1:1 RC & 12:1 E	1:1 RC & 20:1 E	Case-by-case	1:1 RC & 8:1 E	Case-by-case	1:1 RC & 4:1 E	1:1 RC & 2:1 E
Enhancement only (E)	16:1	24:1	Case-by-case	12:1	Case-by-case	8:1	6:1

(Ord. 1863 § 24, 2017)

15.18.250 Wetland technical reports.

A. The city may require a project permit applicant to prepare a wetland technical report prepared by a qualified wetland professional whenever proposed development is adjacent to a wetland. The cost for preparing the report shall be the responsibility of the project permit applicant.

B. The minimum standard for a wetland technical report shall contain the following information:

1. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the wetland critical area report; a description of the proposal; identification of all the local, state, and/or federal wetland-related permit(s) required for the project; and a vicinity map for the project.

2. A statement specifying the accuracy of the report and all assumptions made and relied upon.

3. Documentation of any fieldwork performed on the site, including field data sheets for delineations, rating system forms, baseline hydrologic data, etc.

4. A description of the methodologies used to conduct the wetland delineations, rating system forms, or impact analyses including references.

5. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, floodplains, and buffers on or adjacent to the proposed project area. For areas off site of the project site, estimate conditions within 300 feet of the project boundaries using the best available information.

6. For each wetland identified on site and within 300 feet of the project site provide: the wetland rating, including a description of and score for each function; 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, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site.

7. A description of the proposed actions, including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives, including a no-development alternative.

8. An assessment of the probable cumulative impacts to the wetland and buffers resulting from the proposed development.

9. A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas.

10. A discussion of measures, including avoidance, minimization, and compensation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land-use activity.

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

12. A discussion of the potential impacts to the wetland associated with anticipated hydroperiod alterations from the project.

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

14. A copy of the site plan sheet(s) for the project that contains the following items:

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, including square footage estimates.

b. A depiction of the proposed stormwater management plan for the development, including estimated areas of intrusion into the buffers of any critical areas. (Ord. 1863 § 25, 2017)

15.18.260 Geologically hazardous areas designation 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-site and off-site property owners.

B. The city adopts by reference the following maps and best available science resources for geologically hazardous areas:

1. Designating Geologically Hazardous Areas.

a. Soil Survey of Grays Harbor County Area, Pacific County, and Wahkiakum County Washington, USDA, 1986;

b. Washington Department of Natural Resources Geologic Information Portal interactive maps.

2. If the location, designation, or classification of a geologically hazardous area shown on any map adopted by reference under the RMC conflicts with the determination of any field investigation, the latter shall prevail.

C. Designated geologically hazardous areas are areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development occurs in areas of significant hazard. Geologically hazardous areas with significant hazard include:

1. Areas that are susceptible to one or more of the following types of hazards shall be classified as a geologically hazardous area:

a. Erosion hazard;

b. Landslide hazard;

c. Seismic hazard; or

d. Areas subject to other geological events such as coal mine hazards and volcanic hazards including: mass wasting, debris flows, rock falls, and differential settlement.

2. Erosion hazard areas identified by the United States Department of Agriculture Soil Conservation Service as having a “severe” rill and inter-rill erosion hazard.

3. Landslide hazard areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Example of these may include, but are not limited to the following:

a. Areas of historic failures, such as:

i. Those areas delineated by the United States Department of Agriculture Soil Conservation Service as having a “severe” limitation for building site development;

ii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published as the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;

b. Areas with all three of the following characteristics;

i. Slopes steeper than 15 percent;

ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

iii. Springs or ground water seepage;

c. Areas that have shown movement during the Holocene Epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of that epoch;

d. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;

e. Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking;

f. Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action;

g. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; or

h. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

4. Seismic hazard areas subject to severe risk of damage because of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by:

a. The magnitude of an earthquake;

b. The distance from the source of an earthquake;

c. The type of thickness of geologic materials at the surface; and

d. The type of subsurface geologic structure.

5. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless soils of low density, typically in association with a shallow ground water table. (Ord. 1863 § 26, 2017)

15.18.270 Geologically hazardous areas technical reports.

A. The city may require a technical assessment prepared by a qualified professional for any non-exempt development activities proposed in 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;

2. Assess the geologic characteristics of the soils, sediments, and/or rock on the project site and on potentially affected neighboring properties;

3. Analyze the hazards in relation to the project and potentially affected adjacent properties;

4. Include plans for the proposed development that show:

a. The location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to adjacent properties and its structures;

b. Areas that will be cleared and retained in natural vegetation; and

5. Recommend mitigation measures or appropriate buffers to protect the public’s health, safety, and welfare from the hazard(s). (Ord. 1863 § 27, 2017)

15.18.280 Mitigation in geologically hazardous areas.

Engineering, design, or modified construction or mining practices can reduce or mitigate some geological hazards so that risks to health and safety are acceptable. However, when a project cannot reduce risks to acceptable levels, building in geologically hazardous areas is prohibited. (Ord. 1863 § 28, 2017)

15.18.290 Fish and wildlife habitat conservation areas designation.

A. The city shall regulate development activities to protect fish and wildlife habitat conservation areas. These areas in the city include:

1. Areas that have a primary association with endangered, threatened, and sensitive species;

2. Habitats and species of local importance, as determined locally;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; and

4. Waters of the state.

B. The city adopts by reference the following maps and best available science resources for designating fish and wildlife habitat conservation areas:

1. Priority Habitats and Species Interactive Mapping (PHS on the Web), Washington Department of Fish and Wildlife;

2. SalmonScape Interactive Mapping, Washington Department of Fish and Wildlife;

3. Permanent water typing system, WAC 222-16-030;

4. Salmon and Steelhead Habitat Limiting Factors in the Willapa Basin, Washington State Conservation Commission, (Smith), undated;

5. Management Recommendations for Washington’s Priority Species, Volumes I through V, Washington Department of Fish and Wildlife;

6. Stream Habitat Restoration Guidelines, Washington State Aquatic Habitat Guidelines Program, 2012; and

7. Shoreline Analysis Report for Shorelines in the City of Raymond, February 2015. (Ord. 1863 § 29, 2017)

15.18.300 Development standards for fish and wildlife habitat conservation areas.

A. Development activities occurring on lands and waters containing documented habitats for plant and animal species in fish and wildlife habitat conservation areas shall result in no net loss of existing function.

B. Development activities allowed in fish and wildlife habitat conservation areas shall be consistent with the species located there and shall be regulated additionally by restrictions defined in applicable federal, state, and local regulations regarding the species.

C. Because of the limited presence of intact riparian vegetation along many shorelines within the city, shoreline development should ensure no net loss of these areas to the greatest extent possible. Depending on the width and quality of the riparian cover, development should retain riparian vegetation as a buffer to ensure no net loss of water quality, fish and wildlife habitat, estuarine wetlands, and/or bank protection. (Ord. 1863 § 30, 2017)

15.18.310 Fish and wildlife habitat conservation areas buffers required.

A. Buffers are necessary to protect the integrity and function of fish and wildlife habitat conservation areas. Buffer widths shall reflect a balance between the sensitivity of the species or habitat and the intensity of the adjacent human use or activity.

B. The required width of upland buffers to protect fish and wildlife habitat conservation areas along shorelines of the state in the city may vary depending on ecological conditions of the shoreline and the extent of existing development.

C. The following riparian buffer widths shall apply along waters of the state above the ordinary high water mark:

1. Type S waters: buffers are set forth in SMP Table 2: Minimum Shoreline Buffer by Shoreline Designation.

2. Type F waters greater than 20 feet wide: 100 feet.

3. Type F waters greater than two feet and up to 20 feet in width: 40 feet.

4. Type Np waters: 30 feet.

5. Type Ns Waters: 20 feet.

D. Development along waters of the state should retain existing vegetation landward of the ordinary high water mark to the greatest extent feasible. However, in those areas of the city where riparian vegetation is limited by past land use practices or existing development, the administrator may approve a reduction in the required buffer widths if the reduction does not result in a net loss of ecological function. The administrator may alter or reduce the required buffer width under the following conditions:

1. A buffer may be reduced to the waterward edge of an improved public right-of-way, rail grade, or flood control structure that physically separates a buffer into one or more sections and disconnects hydraulic continuity to a shoreline.

2. A buffer may be averaged consistent with RMC 15.18.320, Habitat buffer averaging.

3. In those areas of the city where existing upland development or in-water structures prevent the establishment or maintenance of a required buffer, the administrator may:

a. Reduce or altogether exempt the required upland buffer;

b. Require in-water mitigation beneficial to salmonids and other wildlife, such as placement of large wood or removal of derelict structures; and/or

c. Require on-site low impact development improvements to retain and treat stormwater surface run-off.

E. The required buffer for upland endangered, threatened, and sensitive species shall be in accordance with a habitat management technical report prepared by a qualified professional. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur before consultation with the Washington Department of Fish and Wildlife.

F. Any requirements for buffers, buffer enhancement, or low impact development improvements shall be in place concurrent with occupancy of the development. (Ord. 1863 § 31, 2017)

15.18.320 Habitat buffer averaging.

A. The administrator may allow the recommended habitat area buffer width to be reduced in accordance with a habitat management technical report, the best available science, and the management recommendations issued by the Washington Department of Fish and Wildlife, only if:

1. It will not reduce stream or habitat functions;

2. It will not adversely affect salmonid habitat;

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

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

5. The buffer area width is not reduced by more than 25 percent. (Ord. 1863 § 32, 2017)

15.18.330 Habitat management technical reports.

A. The city may require a habitat management plan prepared by a qualified professional for any non-exempt development activity proposed in or adjacent to a habitat conservation area.

B. Habitat management plans shall reflect the guidelines set forth in the Management Recommendations for Washington’s Priority Species, Volumes I through V.

C. The format of habitat management plans shall include:

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

2. The 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;

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

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

5. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded before the current proposed land use activity; and

6. A discussion of ongoing management practices that will protect habitat after a project’s completion, including a description for monitoring and maintenance programs. (Ord. 1863 § 33, 2017)

15.18.340 Frequently flooded areas.

A. Frequently flooded areas are those same areas regulated by Chapter 15.16 RMC entitled Development in Flood Areas. Protection of frequently flooded areas is as provided in that chapter.

B. The city adopts by reference the following maps and best available science resources for frequently flooded areas:

1. Flood Insurance Rate Map, Pacific County, Washington and Incorporated Areas, Map Numbers 53049C0245D, 53049C0235D, 53049C0255D, and 53049C0265D, effective date May 18, 2015. (Ord. 1863 § 34, 2017)