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(1) Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the Town meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this chapter.

(2) A wetland containing features satisfying the criteria of more than one of the following categories shall be classified in the highest applicable category. A wetland can be classified into more than one category when distinct areas that clearly meet the criteria of separate categories exist. Wetland rating categories shall be applied as the wetland exists at the time of the adoption of this chapter or as it exists at the time of an associated permit application. Wetland rating categories shall not change due to illegal modifications. Wetland rating categories shall be as follows:

(a) Category I. Category I wetlands are: (i) alkali wetlands; (ii) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (iii) bogs and calcareous fens; (iv) mature and old-growth forested wetlands over one-quarter acre with slow-growing trees; (v) forests with stands of aspen; and (vi) wetlands that perform many functions very well (scores between 22 to 27). These wetlands are those that (A) represent a unique or rare wetland type; (B) are more sensitive to disturbance than most wetlands; (C) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (D) provide a high level of function.

(b) Category II. Category II wetlands are: (i) forested wetlands in the floodplains of rivers; (ii) mature and old-growth forested wetlands over one-quarter acre with fast-growing trees; (iii) vernal pools; and (iv) wetlands that perform functions well (scores between 19 to 21 points). These wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but still need a relatively high level of protection.

(c) Category III. Category III wetlands have a moderate level of functions (scores between 16 to 18 points). These wetlands can be often adequately replaced with a well-planned mitigation project. Wetlands scoring between 16 to 18 points generally have been disturbed in some ways, and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

(d) Category IV. Category IV wetlands have the lowest level of functions (scores fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, and in some cases be able to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected.

(3) Development near wetlands shall observe buffers from the edge of the wetland. No development or activity shall occur within the required buffers unless the applicant can demonstrate that the proposed use or activity will not degrade the functions and values of the wetland and other critical areas according to the evaluation criteria from subsection (5) of this section. In no case shall any development or activity be permitted within 75 percent of the buffer stipulated below. For the purposes of this section, these buffers shall be as follows:

Wetland Category

Buffer

Category I Wetland

250 feet

Category II Wetland

200 feet

Category III Wetland

150 feet

Category IV Wetland

50 feet

(4) Buffer zones may be increased if the Town Council finds, on a case-by-case basis and based upon best available science, that at least one of the following applies:

(a) A larger buffer is necessary to maintain viable populations of existing species; or

(b) The wetlands are used by species proposed or listed by the federal government or the state as endangered, threatened, rare, sensitive or being monitored as habitat for those species or has unusual nesting or resting sites; or

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

(d) The adjacent land has minimal vegetative cover or slopes greater than 25 percent.

(5) Buffer zones may be decreased by no more than 25 percent if the Town Council finds, on a case-by-case basis and based upon best available science, that all of the following apply:

(a) The technical study (referenced GMC 26.02.040) provides a sound rationale for a reduced buffer; and

(b) The existing buffer area is well-vegetated with native species and has less than 10 percent slopes; and

(c) No direct or indirect, short-term or long-term adverse impact to the wetland will result from the proposed activity.

(6) Wetland buffer areas may be used for conservation and restoration activities, passive recreation including trails, wildlife viewing structures and fishing access areas and storm water management facilities.

(7) Storm Water Management Facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of an LID, runoff treatment or flow control BMP if all of the following criteria are met:

(a) The wetland is classified as a Category IV or a Category III wetland with a habitat score of three to four points; and

(b) There will be “no net loss” of functions and values of the wetland; and

(c) The wetland does not contain a breeding population of any native amphibian species, and Wetland Guidance for CAO Updates Eastern Washington Version, page 26; and

(d) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and questions 2, 3, 4 of Chart 5 in the “Guide for Selecting Mitigation Sites Using a Watershed Approach,” (available here: https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation); or the wetland is part of a priority restoration plan that achieves restoration goals identified in a shoreline master program or other local or regional watershed plan; and

(e) The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing; and

(f) All regulations regarding storm water and wetland management are followed, including but not limited to local and state wetland and storm water codes, manuals, and permits; and

(g) Modifications that alter the structure of a wetland or its soils will require permits. Existing functions and values that are lost would have to be compensated/replaced.

(8) If activities will result in the loss or degradation of a regulated wetland or buffer, a mitigation or enhancement plan prepared by a qualified expert shall be submitted for review and approval by the Town Building Official or designee. Any mitigation or replacement wetland shall follow the recommended minimum guidelines specified by the Department of Ecology. (Department of Ecology’s Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans, Version 1, Publication No. 06-06-011b, March 2006 or as updated). (Ord. 474-N, §2, 2020; Ord. 338-N, §2, 2007)