The purpose of this chapter is to maintain the biological and physical functions and values of wetlands with respect to groundwater recharge and discharge, water quality, stormwater and floodwater retention, storage and conveyance, fish and wildlife habitat conservation areas, recreation, and education.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
1. 
Designation. Wetlands are those areas that are inundated or saturated by surface or groundwater 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, but are not limited to, swamps, marshes, bogs, ponds, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland 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 as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands.
2. 
Mapping. The approximate location and extent of wetlands are shown on maps maintained by the County, most current National Wetland Inventory (NWI), and other best available science sources. These maps are useful as a guide for project applicants and/or property owners but do not provide a conclusive or definitive indication of wetland presence or extent. Other wetlands may exist that do not appear on the maps, and some wetland areas that appear on the maps may not meet all of the wetland designation criteria. The County shall update the maps periodically as new wetland areas are identified and as new wetland information becomes available.
3. 
Delineation. The County may require the applicant to identify the location or presence of any wetlands within 250 feet of a proposed development. Wetlands shall be identified and delineated by a qualified wetland professional in accordance with the approved federal wetland delineation manual and applicable regional supplements. This professional shall field stake, flag or otherwise mark the wetland boundary to aid the County in reviewing the development proposal. The County may require the on-site wetland boundary to be surveyed by a professional land surveyor. Wetlands that occur outside of or extend beyond the boundaries of the development site, onto adjoining properties, do not need to be flagged or formally delineated but their general location must be determined and disclosed in order to assess wetland buffer impacts.
4. 
Categorization. Wetlands shall be categorized by a qualified wetland professional in accordance with the current version of the Washington State Wetland Rating System for Eastern Washington and the appropriate rating forms approved by the Washington State Department of Ecology. These categories are generally defined as follows:
a. 
Category I wetlands are those that represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime or provide a high level of functions. Category I wetlands include:
i. 
Alkali wetlands;
ii. 
Wetlands with high conservation value that are identified by scientists of the Washington Department of Natural Resources Natural Heritage Program;
iii. 
Bogs and calcareous fens;
iv. 
Mature and old-growth forested wetlands over 1/4 acre with slow-growing trees;
v. 
Forests with stands of aspen; and
vi. 
Wetlands scoring between 22 and 27 points in the Eastern Washington Rating System.
b. 
Category II 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. Category II wetlands include:
i. 
Forested wetlands in the floodplains of rivers;
ii. 
Mature and old-growth forested wetlands over 1/4 acre with fast-growing trees;
iii. 
Vernal pools; and
iv. 
Wetlands scoring between 19 and 21 points in the Eastern Washington Rating System.
c. 
Category III wetlands have a moderate level of functions and score between 16 and 18 points in the Eastern Washington Rating System. These wetlands can be often adequately replaced with a well-planned mitigation project. Category III wetlands 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 wetlands have the lowest level of functions and are often heavily disturbed. They score fewer than 16 points in the Eastern Washington Rating System. These are wetlands that can usually be replaced, and in some cases improved. 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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
1. 
Purpose. Buffers shall be established and maintained to protect the functions and values of regulated wetlands.
2. 
Measurement. Wetland buffers shall be measured horizontally in all directions from the outer edge of wetland boundary as established in the field. Building setbacks (KCC § 17A.01.090(4)) are in addition to wetland buffers and are measured outward from the edge of the wetland buffer boundary.
3. 
Buffer condition. Wetland buffers shall be maintained in a predominantly well-vegetated and undisturbed condition to ensure that they perform their intended function of protecting the wetland. Tree removal is prohibited in wetlands and wetland buffers other than in accordance with KCC § 17A.01.050(3)(h).
4. 
Standard buffer widths. The width of the standard buffer does not include the building setback (KCC § 17A.01.090.4) and shall be based on the wetland category and the intensity of the proposed land use adjacent to the buffer as indicated in Table KCC § 17A.07.030.
Table 17A.07.030: Standard Buffer Widths
Category of Wetland
Land Use with Low Impact1
Land Use with Moderate Impact2
Land Use with High Impact3
I
125 ft
190 ft
250 ft
II
100 ft
150 ft
200 ft
III
75 ft
110 ft
150 ft
IV
25 ft
40 ft
50 ft
1
Low impact use and developments include: forestry (cutting of trees only), low intensity open space (hiking, bird-watching, and like uses), unpaved trails, and utility corridor without a maintenance road and little or no vegetation management.
2
Moderate impact use and developments include: residential (1 unit/acre or less), moderate intensity open space (parks with biking, jogging, and like uses), conversion from non-agricultural lands to moderate intensity agriculture (orchard, hay fields, and like uses), paved trails, building of logging roads, and utility corridor or right-of-way shared by several utilities and including access/maintenance roads.
3
High impact use and developments include: commercial, urban, industrial, institutional, retail sales, residential (more than 1 unit/acre), conversion from non-agricultural lands to high intensity agriculture (dairies, animal feed lots, nurseries and green houses, and like uses), high intensity recreation (golf courses, ball fields, and like uses).
5. 
Wetland buffer condition. Wetland buffer areas shall be retained in a natural condition or may be improved to enhance buffer functions and values. Where buffer disturbance is allowed pursuant to this Title, re-vegetation with native vegetation shall be required. The Kittitas County noxious weed ordinance shall be adhered to. Alterations of the buffer that are inconsistent with this Title shall be prohibited.
6. 
Multiple buffers. In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall apply.
7. 
Interrupted buffer. When a wetland buffer contains an existing legally established public or private road and/or a legally established development which creates a significant interruption of buffer function, the Administrator may allow development on the landward side of the road or development provided that the actions will not have a detrimental impact to the wetland. The applicant may be required to provide a wetland critical areas report to describe the potential impacts. In determining whether a critical areas report is necessary, the County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption
8. 
Buffers of restored wetlands. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.
9. 
Increased buffers. The Director shall increase the wetland buffers widths where the standard buffer is inadequate to prevent significant adverse environmental impacts or address hazards associated with the site or the proposed development. The Director may increase the buffer up to a maximum of two times the standard width. When determining how much to increase the standard buffer, the Director shall consider the following conditions:
a. 
Whether the wetland provides habitat for state priority or federally listed endangered, threatened, or sensitive species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; or
b. 
Whether the land adjacent to the wetland is susceptible to severe erosion, and erosion control best management practices will not effectively prevent adverse wetland impacts.
10. 
(Reserved)
11. 
Buffer averaging. The Director may allow averaging of the standard buffer widths in accordance with an approved critical areas report on a case-by-case basis. With buffer averaging, the buffer width is reduced in one location and increased in another location to maintain the same overall buffer area. In such cases, the minimum width of the buffer at any given point shall be at least 75% of the standard width, or 25 feet, whichever is greater. Proposals for buffer averaging shall meet all the following:
a. 
The wetland buffer has not been averaged or reduced by any prior actions;
b. 
No feasible site design could be accomplished without buffer averaging;
c. 
The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;
d. 
The averaging will not have a significant adverse impact on wetland functions and values; and
e. 
The area that is added to the buffer to offset the reduction will be well-vegetated. The Director may require vegetation enhancement if needed to ensure this criterion is met.
12. 
Mitigation for buffer averaging. Prior to approving a request for wetland buffer averaging, the Director shall ensure the development is designed to separate and screen the wetland from impacts such as noise, glare, vegetation trampling, intrusion, etc to the degree feasible. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of a store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented as may be required by the Director (e.g., orient buildings to screen parking lots and store entrances from critical areas).
13. 
Allowed buffer uses. The Director may allow the following alterations and development within a wetland buffer provided that they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland, including wetland functions and values:
a. 
Conservation or restoration activities aimed at protecting or enhancing the soil, water, vegetation, or wildlife.
b. 
The following passive recreation facilities designed in accordance with an approved critical areas report:
i. 
Walkways and trails; provided that those pathways which are generally parallel to the perimeter of the wetland shall be located in the outer 25% of the buffer area and constructed with a surface that is not impervious to water. Raised boardwalks utilizing non-treated pilings may be acceptable; and
ii. 
Wildlife viewing structures less than 500 square feet in size, including hunting blinds.
c. 
Stormwater management facilities, limited to stormwater conveyance and dispersion facilities, outfalls and bioswales, may be allowed within the outer 25% of the buffer of wetlands in accordance with an approved critical areas report provided that:
i. 
No other location is feasible;
ii. 
The facility is designed to meet or exceed the standards set forth in the current version of the Stormwater Manual for Eastern Washington; and
iii. 
The location of such facility will not degrade the functions or values of the wetland.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
Alterations. New development shall be located outside of wetlands and their buffers, unless this Title specifically allows the development to occur in the wetland or buffer. A wetland or buffer may not be altered if the proposed alteration will result in a net loss of wetland functions and values. Developments shall be designed to avoid and minimize wetland and buffer impacts to the maximum extent practicable and to offset unavoidable impacts through compensatory mitigation as required in KCC § 17A.07.070.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
The following alterations and development are permitted in wetlands and/or buffers and do not require submission of a critical areas report, provided they are have met requirements listed in KCC § 17A.01.120(4) and are designed to avoid and minimize wetland and buffer impacts to the maximum extent practicable, but are subject to review by the Director:
1. 
Conservation and preservation activities. Conservation or preservation of soil, water, vegetation, fish, and other wildlife that does not entail permanently changing or altering the structure or functions of the existing wetland.
2. 
Wetland enhancement. Enhancement of a wetland through the removal of non-native invasive species, provided that the weed removal does not require soil excavation or grading and provided that weed material is removed from the site and disposed of at an approved location. Bare areas that remain after weed removal shall be re-vegetated with native shrubs, trees and herbs/forbs native to Kittitas County.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
1. 
When required. If a proposed development is located within or adjacent to a known or suspected wetland, the Director shall require the applicant to submit a wetland critical areas report prepared by a qualified professional that includes the information listed in this section.
a. 
The requirement to provide a wetland critical areas report may be waived for a single-family residence where no encroachment into a regulated wetland or its standard buffer will occur. Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant shall submit a single-family wetland certification form completed by a wetland specialist that certifies either:
i. 
No regulated wetlands are present within 250 feet of the project area; or
ii. 
Wetlands are present within 250 feet of the project area, but all regulated alterations and development associated with the dwelling (i.e., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.
(a) 
If regulated wetland buffers extend onto the site and are within 250 feet of the project area, 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 site.
(b) 
The single-family certification form may be used only to authorize single-family dwellings and associated homesite features such as garages, 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. The single-family form may not be used to make a claim for exemption.
1.
The single-family certification process will be monitored by the Department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.
2.
The applicant/property owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the Department.
3.
Single-family certification forms shall be filed with the Kittitas County Auditor's Office in accordance with the department standards.
2. 
Contents. When required by this Title, wetland critical areas reports shall include the general critical areas report requirements of KCC § 17A.01.080 in addition to the following:
a. 
Map showing the location of all wetlands and required buffers within 250 feet of the proposed development; and
b. 
An analysis of the on-site wetland(s) including the following site-and proposal-related information:
i. 
Historical and existing on-site and surrounding land use/conditions.
ii. 
Wetland acreage;
iii. 
Wetland category;
iv. 
Soils and soil attributes;
v. 
Hydrogeomorphic position (HGM);
vi. 
Cowardin classification and upland/wetland vegetation characterization;
vii. 
Hydroperiods;
viii. 
A description of the federal methodologies used to conduct the wetland delineations;
ix. 
Priority habitats and species;
x. 
Wetland delineation data sheets for the appropriate region;
xi. 
Wetland rating and forms;
xii. 
Wetland functional analysis;
xiii. 
Federal, state, and county regulatory discussion with buffer recommendations;
xiv. 
A detailed discussion of the project, direct and/or indirect potential impacts on the wetland by the project; and if impacts are expected;
xv. 
A discussion of measures, including the general mitigation sequence requirements of KCC § 17A.01.100 proposed to preserve and protect existing wetlands;
xvi. 
A wetland mitigation plan meeting the requirements of KCC § 17A.07.010, if the alteration or development will result in unavoidable impacts to wetlands or their buffers.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
1. 
Generally. Compensatory mitigation is required for all unavoidable alterations to wetland or their buffers, except for buffer averaging when done in accordance with KCC § 17A.07.030(7). Compensatory mitigation actions shall replace functions affected by the alteration and shall provide equal or greater functions compared to the impacted wetland.
2. 
Buffer for wetland mitigation sites. Any wetland area that is created, restored, or enhanced as compensation for approved alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.
3. 
Mitigation timing. Mitigation projects shall be completed prior to or concurrently with permitted alterations and development that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the alteration or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
4. 
Delay in mitigation. The Director may authorize a one-time temporary delay, up to 180 days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints which preclude implementation of the mitigation plan. The justification must be verified and approved by the County and include a financial guarantee.
5. 
Preference of mitigation actions. Compensatory wetland mitigation shall occur in the following order of preference:
a. 
Purchasing credits from an approved Mitigation Bank if available and feasible, Purchasing credits from an approved In-Lieu Fee program if available and feasible, and Permittee Responsible Mitigation (PRM).
b. 
In order of preference, the following PRM methods are available: (i) restoration [reestablishment or rehabilitation], (ii) establishment [creation], (iii) preservation of existing high quality habitats, and (iv) enhancement of degraded wetlands.
6. 
Replacement ratios for wetland impacts. Ratios for compensatory mitigation shall be as specified in Table KCC § 17.07.070(6). The first number specifies the acreage of replacement wetlands, and the second specifies the acreage of wetlands altered. Compensatory mitigation shall restore, rehabilitate, create, or enhance equivalent or greater wetland functions. The ratios shall apply to mitigation that is in-kind, is on-site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. The Director may increase these ratios for remedial mitigation actions resulting from unauthorized wetland alterations, depending on the nature and extent of the alteration. These ratios do not apply to the use of credits from a certified wetland mitigation bank or in-lieu fee program. When credits from a certified bank or in-lieu fee program are used, replacement ratios should be consistent with the requirements of the bank's/program's certification.
Table 17A.07.070.6: Wetland Mitigation Ratios
Category and Type of Impacted Wetland
Restoration or Creation1,2
Rehabilitation2,2
Enhancement Only1,3
Category I, forested
6:1
12:1
24:1
Category I, non-forested
4:1
8:1
16:1
Category II, forested
4:1
8:1
16:1
Category II, vernal pool4
2:1
4:1
Case-by-case
All other Category II
3:1
6:1
12:1
All Category III
2:1
4:1
8:1
All
1.5:1
3:1
6:1
Category IV
1
Natural heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform special functions that cannot be replaced through compensatory mitigation. Impact to such wetlands would therefore result in a net loss of some functions no matter what kind of mitigation is provided.
2
Provides gains in a whole suite of functions both at the site and sub-basin scale. Rehabilitation actions often focus on restoring environmental processes that have been disturbed or altered by previous and/or ongoing human activity.
3
Actions which provide gains in only a few functions. Enhancement action often focuses on structural or superficial improvements to a site and generally does not address larger scale environmental processes.
4
Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).
7. 
Increased replacement ratios. The Director may increase the wetland mitigation ratios stated in Table KCC § 17A.07.070(6) under the following circumstances:
a. 
Uncertainty exists as to the probable success of the proposed restoration or creation;
b. 
A significant period of time will elapse between impact and replication of wetland functions;
c. 
Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacts; or
d. 
The impact was an unauthorized impact.
8. 
Alternative mitigation ratios. The Director may approve different mitigation ratios when the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement, provided that federal and state resource agencies approve the mitigation plan and the plan achieves no net loss of wetland functions and values.
9. 
Mitigation ratios for wetland buffer impacts. To mitigate impacts to functions and values of wetland buffers, a minimum buffer ratio of 1:1 (alteration area: mitigation area) is required. This ratio assumes that creation/restoration of a wetland buffer with appropriate native vegetation is sufficient to compensate for the wetland buffer functions and values affected by alteration of an existing wetland buffer. If enhancement of an existing wetland buffer is proposed as mitigation, a higher mitigation ratio may be required. For any proposed wetland buffer alterations or development, the applicant must show that the functions and values of the altered wetland buffer will be fully replaced by the proposed mitigation. The Director may increase the buffer mitigation ratios under the following circumstances:
a. 
The replacement ratio needed to recover the lost functions and values of buffer area is greater than 1:1 based upon the existing type of vegetative cover of either the impact site or the proposed mitigation site.
b. 
Uncertainty exists as to the probable success of the proposed restoration or creation;
c. 
A significant period of time will elapse between impact and replication of wetland functions;
d. 
The impact was an unauthorized impact.
10. 
Mitigation plans. Compensatory wetland mitigation plan shall be consistent with "Guidance on Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans" (Ecology Publication # 06-06-011b), or as revised. Mitigation plans shall include the general mitigation plan requirements in KCC § 17A.01.100, as well as the following information:
a. 
Existing and proposed wetland acreage;
b. 
Vegetative and faunal conditions;
c. 
Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas;
d. 
Relationship within watershed and to existing waterbodies;
e. 
Soils and substrate conditions, topographic elevations;
f. 
Existing and proposed adjacent site conditions;
g. 
Required wetland buffers (including any buffer reduction or averaging and mitigation proposed to enhance buffers);
h. 
Property ownership;
i. 
A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs and an addition to the property's title identifying the wetland as a mitigation area;
A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch) and the proposed monitoring and maintenance work for the required number of years, pursuant to KCC § 17A.01.100.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)