This chapter provides procedures and standards for identifying and protecting wetland resources, and for permitting wetland restoration, enhancement, and mitigation projects.
(Ord. 205 § 1 (Exh. A), 2003)
The standards of this chapter apply to all lands within the town that support wetlands as identified through site-and project-specific environmental documents (i.e., in compliance with CEQA or NEPA), and/or delineated by the U.S. Army Corps of Engineers (Corps) under provisions of the Clean Water Act. The delineation of wetlands is subject to the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands." The standards of this chapter do not apply to treatment wetlands or drainage ways considered "other waters" under the Clean Water Act.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
A project proposed on a site with wetland resources shall comply with all applicable requirements of the U.S. Army Corps of Engineers, including but not limited to the preparation and filing with the Corps of any required Wetlands Management Plan.
B. 
The delineation of wetland resources in compliance with federal requirements shall occur prior to the filing of a land use, building, or grading permit application with the town. The wetlands delineation shall be used by the town in the environmental review of the proposed project in compliance with CEQA.
C. 
The town supports, and the review authority shall require "no net loss" for wetland areas regulated by the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game. Coordination with these agencies at all levels of project review shall occur to ensure that appropriate mitigation measures and the concerns of these agencies are adequately addressed.
(Ord. 205 § 1 (Exh. A), 2003)
The town shall require new development to mitigate wetland loss in both regulated and non-regulated wetlands to achieve "no net loss" through any combination of the following, in order of desirability.
A. 
Avoidance of riparian habitat.
B. 
Where avoidance is not feasible, minimization of impacts on the resource.
C. 
Compensation, including use of a mitigation banking program that provides the opportunity to mitigate impacts to rare, threatened, and endangered species and/or the habitat which supports these species in wetland and riparian areas. The area for mitigation banking is encouraged to be located within the town.
D. 
Any permitted development, grading, fill, excavation, or shading within a wetland shall provide for the mitigation of wetland loss at a replacement ratio of from 1:1 to 4:1, as determined by the review authority based on the biotic value of the wetland established by the required environmental analysis, and shall ensure that there is no net loss of wetland functions and values. The review authority may allow a replacement ratio of less than 4:1 as an incentive, where replacement wetlands are proposed to be located within or in close proximity to the town.
E. 
Off-site mitigation of impacted wetlands may be considered where on-site mitigation is not possible. Off-site mitigation should be within the town, as close to the project site as possible, and provide for continuous wildlife corridors connecting habitat areas.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Allowed Uses. Wetlands may fulfill the landscaping requirements of Chapter 13.34 (except that all required parking area landscaping shall be provided), where the building and landscape design provides for the participation by residents and/or users of the site in passive outdoor recreational activities such as bird watching, fishing, and nature photography. Public access for passive recreational activities may be permitted and shall be encouraged where appropriate and consistent with the protection of habitat functions and values in compliance with state and federal law, including the requirements of the U.S. Army Corps of Engineers.
B. 
Allowed Structures. Any structure allowed in a wetland that is being created, preserved or enhanced, shall be designed to minimize its adverse impacts on the wetland. Measures to minimize adverse effects may include construction on pilings to allow unobstructed flow of water, preserving the natural contour of the wetland, and otherwise minimizing impairment, alteration, or loss of the wetland.
(Ord. 205 § 1 (Exh. A), 2003)
Prior to issuance of a building or grading permit for work in or near a wetland, the applicant shall provide the public works director with the following:
A. 
Verification of U.S. Army Corps of Engineers delineation of wetland boundaries; and/or a Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers;
B. 
A Waiver or Certificate of Conformance with Water Quality Standards issued by the Regional Water Quality Control Board, if applicable; and
C. 
A consultation with the U.S. Fish and Wildlife Service and/or the California State Department of Fish and Game or National Marine Fisheries Service if any special status species or associated habitat are present.
(Ord. 205 § 1 (Exh. A), 2003)