A. 
The city finds that wetlands perform many important biological and physical functions that benefit the city and its residents, including but not limited to: helping to maintain water quality; storing and conveying stormwater and floodwater; recharging groundwater; providing important fish and wildlife habitat; and serving as areas for recreation, education and scientific study and aesthetic appreciation. Protection of wetlands is, therefore, necessary to protect public health, safety, and general welfare.
B. 
This chapter contains standards to manage development in association with the city's wetland resources and enhance and restore wetlands where possible. The intent of these regulations is to avoid and minimize wetland impacts where avoidance and minimization is feasible and reasonable. In appropriate circumstances, impacts to wetlands resulting from regulated activities may be compensated for, consistent with this chapter. The city's overall goal is to achieve no net loss of wetland function and value, and net acreage may be considered in achieving the overall goal.
C. 
It is the intent of this chapter to implement the goals and policies of the city comprehensive plan, including those pertaining to natural features and environmental protection; aesthetics and community character; opportunities for economic development; creating a balanced transportation system; ensuring adequate public facilities; and achieving a mix of land use types and densities consistent with the city's land use plan.
D. 
It is the further intent of this chapter to establish special standards for the protection of wetlands and potential habitat of anadromous fish in compliance with the Washington Growth Management Act of 1990 (Chapter 36.70A RCW and its amendments and WAC 365-195-900 through 365-195-925, WAC 173-26-221(2)(c)) and best available science requirements.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
The wetland management provisions of this chapter apply to any regulated activity (Section 17B.52B.030) potentially affecting a wetland or its buffer.
B. 
To avoid overlap and duplication, all city permit applications leading to the development or alteration of land, including but not limited to applications for: clearing and grading; subdivision or short subdivision, building permit, planned unit development; shoreline substantial development; variance and conditional use, shall be subject to and coordinated with the wetland requirements of this chapter and Chapter 17B.13, project permit review process.
C. 
Nonproject actions, including but not limited to, rezones, annexations, and adoption of plans and programs, shall be required to comply with the Growth Management Act (GMA), Chapter 36.70A RCW, including submittal of appropriate wetland information as determined by the city according to this chapter.
D. 
This chapter shall apply as any other overlay to development or land use regulations established by the city. In the event of a conflict between regulations in this chapter and any other city code, the regulations, which provide greater protection to environmentally sensitive areas, shall apply.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
The following activities associated with any land use development proposal that occurs within a wetland and/or its buffer, or outside a wetland or buffer but potentially affecting the wetland or buffer, shall be regulated pursuant to the standards of this chapter:
A. 
Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
B. 
Dumping, discharging or filling any material;
C. 
Draining, flooding or disturbing the water level or water table;
D. 
Alteration, construction, reconstruction, or demolition of any structure or infrastructure, including driving piling or placing obstructions;
E. 
Destroying or altering wetland vegetation through clearing, harvesting, shading or planting vegetation that would alter the wetland or buffer character; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules;
F. 
Activities that result in significant changes in water temperature, physical or chemical characteristics of the wetland or buffer, including water quantity and quality, soil flow, or natural contours;
G. 
Any other activity potentially affecting a wetland or wetland buffer not otherwise exempt from this chapter; and
H. 
Work to maintain wetlands intentionally created from nonwetland areas as mitigation for wetland impacts.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
The city shall maintain wetland maps showing the approximate location and extent of wetlands within city jurisdiction. These maps will only show wetlands identified to date, and shall be used only as a general guide to assist property owners. The location and extent of wetlands are determined on a lot-by-lot, project-by-project basis and, if a wetland is not shown on the inventory map, does not necessarily mean wetlands do not occur on the lot. The city will update the wetland inventory map as wetlands are mapped in the field and submitted by applicants to the city.
B. 
The wetland boundary and type shall be determined by a qualified wetland specialist according to the wetland delineation procedures as defined in the definitions in Section 17B.08.020. In the event of any conflict between the wetland location or designation shown on the city's map and the location or designation as determined in the field by a qualified wetland specialist using the defined wetland delineation procedures, the field determination shall control.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Preapplication Conference. All applicants are encouraged to meet with the city prior to submitting an application subject to the wetland provisions of this chapter. The purpose of this meeting shall be to discuss the wetland requirements, process and procedures; to review the critical areas checklist and any conceptual plans prepared by the applicant; to identify potential wetlands impacts and mitigation measures; and to familiarize the applicant with state and federal wetland programs. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city.
B. 
Wetland Specialist. A qualified wetland specialist as defined in Section 17B.08.020 shall prepare all reports and studies required of the applicant by this chapter. The city may retain a qualified wetland specialist, at the expense of the applicant, to review and confirm the applicant's reports, studies, and plans.
C. 
Wetland Delineation Report. If the city determines that wetland or buffer impacts might occur as a result of the proposal, a wetland delineation report, as defined in Section 17B.08.020, must be submitted to the city for review prior to the issuance of a development permit pursuant to Chapter 17B.13 (project permit review process). The report must be prepared in accordance with city permit application requirements pursuant to Chapter 17B.13 and incorporate best available science as defined in Section 17B.08.020. The report will analyze the extent, type, and function of wetlands and buffers on any site where regulated or exempt activities are proposed. The report will also be used by the city to determine the appropriate wetland type and buffer requirement for the wetland, and to assist the city in determining appropriate mitigation if required.
D. 
Integration with Other Code Sections. This section is not intended to create a separate wetland permit process for development proposals. To the extent possible, and pursuant to Chapter 17B.13, the city shall consolidate and integrate the review and processing of wetland-related aspects of proposals with other land use and environmental considerations and approvals.
E. 
Wetland delineations shall be considered valid for five years following the reviewing agency verification. The buffer required by the critical areas ordinance in effect at the time of complete permit application shall apply.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Classification. Wetlands shall be classified as Category I, II, III or IV using the 2014 Washington State Department of Ecology's Wetland Rating System for Western Washington, or as amended hereafter. Wetland delineations shall be determined in accordance with the currently approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria in the procedure are hereby designated critical areas and are subject to the provisions of this program.
B. 
Sources. Sources used to identify designated wetlands include, but are not limited to:
1. 
United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory.
2. 
Areas identified as hydric soils, soils with significant soil inclusions and "wet spots" within the United States Department of Agriculture/Soil Conservation Service Soil Survey for Snohomish County.
3. 
Washington State Department of Natural Resources, Geographic Information System: Hydrography and Soils Survey Layers.
4. 
City of Mukilteo critical areas inventory maps.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Buffer Areas Required. The establishment of wetland buffer areas shall be required for all development proposals and activities adjacent to wetlands to protect the functions and integrity of the wetland. Buffers between regulated activities and wetlands help stabilize soil and prevent erosion, filter suspended solids and nutrients and harmful toxic substances, moderate effects of stormwater runoff, support and protect plant and animal species and habitats, enhance plant and wildlife diversity, and discourage adverse human effects in the wetland.
B. 
Intention of Buffers. Buffers are not intended to be established or to function independently of the wetland; they are established to protect.
C. 
Allowed Use or Activity. The establishment of a buffer or buffer mitigation shall not prevent a use or activity that would otherwise be permitted in the wetland or buffer as allowed in subsection I of this section.
D. 
Buffer Requirements. The standard buffer widths in Table 1—Wetland Buffer Widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington.
1. 
The use of the buffer widths in Table 1 requires the implementation of the mitigation measures in Table 1A, where applicable, to minimize the impacts of the adjacent land uses.
2. 
If an applicant chooses not to apply the mitigation measures in Table 1A, then a thirty-three percent increase in the width of all buffers is required. For example, a seventy-five-foot buffer with the mitigation measures would be a one-hundred-foot buffer without them.
3. 
The buffer widths assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened by thirty-three percent to ensure that adequate functions of the buffer are provided.
Table 1—Wetland Buffer Widths
Wetland Category
Buffer width (in feet) based on habitat score
3—4
5
6—7
8—9
Category I: Based on total score
75
105
165
225
Category I: Bogs and Wetlands of High Conservation Value
190
225
Category I: Coastal Lagoons
150
165
225
Category I: Interdunal
225
Category I: Forested
75
105
165
225
Category I: Estuarine
150 (buffer width not based on habitat scores)
Category II: Based on score
75
105
165
225
Category II: Interdunal Wetlands
110
165
225
Category II: Estuarine
110 (buffer width not based on habitat scores)
Category III (all)
60
105
165
225
Category IV (all)
40
4. 
The following list of mitigation measures as referenced in Table 1A—Mitigation Measures shall be used to minimize impacts from proposed development on wetlands:
Table 1A—Mitigation Measures
Disturbance
Measures to Minimize Impacts
Lights
Direct lights away from wetland.
Noise
Locate activity that generates noise away from wetland.
If warranted, enhance 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' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer.
Toxic Runoff*
Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered.
Establish covenants limiting use of pesticides within 150' of wetland.
Apply integrated pest management.
Stormwater Runoff
Retrofit stormwater detention and treatment for roads and existing adjacent development.
Prevent channelized flow from lawns that directly enters the buffer.
Use low intensity development techniques (per Puget Sound Water Quality Action Team (PSAT) publication on LID techniques).
Changes in Water Regime
Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and Human Disturbance
Use fencing and/or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for ecoregion; place wetland and its buffer in a separate tract.
Dust
Use best management practices to control dust.
Disruption of corridors or connections
Maintain connections to off-site areas that are undisturbed.
Restore corridors or connections to off-site habitats by replanting.
Notes:
* These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site.
E. 
Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case-by-case basis as determined by the planning director when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must include but not be limited to the following criteria:
1. 
The wetland is used by a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or
2. 
The adjacent land is susceptible to severe erosion, and erosion-control measures will not effectively prevent adverse wetland impacts; or
3. 
The adjacent land has minimal vegetative cover or slopes greater than thirty percent.
F. 
All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. 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. Only fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations.
G. 
Buffer Averaging. The widths of buffers may be averaged if this will improve the protection of wetland functions or if it is the only way to allow for reasonable use of a parcel. There is no scientific information available to determine if averaging the widths of buffers actually protects wetland functions; therefore, averaging shall only be allowed in the below listed situations. Averaging may be used in conjunction with any of the other provisions for reduction in buffers.
1. 
Averaging to improve wetland protection may be permitted when all of the following conditions are met:
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.
c. 
The total area of the buffer averaging is equal to the area required without averaging.
d. 
The buffer at its narrowest point is never less than three-fourths of the required width.
e. 
Mitigation sufficient to compensate for the impacts as determined by a qualified specialist is provided for all buffer averaging proposals.
2. 
Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:
a. 
There are no feasible alternative 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 and values as demonstrated by a report from a qualified wetland professional.
c. 
The total buffer area after being averaged is equal to the area required without the averaging.
d. 
The buffer at its narrowest point is never less than three-fourths of the required buffer width.
e. 
Mitigation sufficient to compensate for the impacts as determined by a qualified specialist is provided for all buffer averaging proposals.
H. 
Low Impact Uses. The community development director may authorize the following low impact uses and activities within a wetland and wetland buffer upon showing that said uses or activities will be performed in a manner that will not adversely disturb the wetland, significantly increase the impervious surface of the buffer, or decrease the functions of the associated wetland: pedestrian trails, viewing platforms, interpretative signage, and the boring of underground utilities pursuant to best management practices. Uses permitted within the buffer shall be located in the outer portion of the buffer as far as possible from the wetland. Trails should be located in the outer twenty-five percent of the buffer, avoid significant trees and should be no more than five feet wide with a pervious surface.
I. 
Stormwater Facilities Not Allowed in Buffers. Except where previously approved stormwater facilities were located in wetlands, all new stormwater management facilities shall be limited to vegetation-lined swales designed for stormwater management and stormwater dispersion outfalls; provided, that they are placed within the outer twenty-five percent of the buffer of a Category III and IV wetland only. Stormwater detention ponds and outlet structures shall not be allowed in wetlands or their buffers. The outer twenty-five percent of the buffer of a Category III and IV wetland can be used for stormwater flow path and dispersion.
J. 
Buffers Designated as Native Growth Protection Areas (NGPA). Buffers shall be shown on the development site plans or final plat maps along with the notation requirements identified in Section 17B.52.035, Native growth protection areas and buffers.
K. 
Existing Designated Buffers. If an existing property has a previously delineated and/or approved wetland and associated buffer approved by the city, the approved wetland buffer will remain in effect for a period of five years or until the approved shoreline permit expires. Redevelopment, and/or additions outside of the existing footprint shall be subject to the previously approved current buffer standards of this section; however, such a proposal may be eligible for additional allowances contained within Chapter 17B.68, Nonconforming Uses, Building, and Lots. A buffer enhancement plan may be required in accordance with subsection E of this section if the wetland or buffer has become degraded or is currently not functioning or if the wetland and/or buffer may be negatively affected by proposed new development.
L. 
Existing Legal Nonconforming Use of a Buffer. Where a legally established, nonconforming use of the buffer exists (e.g., a road or structure that lies within the width of a wetland buffer), proposed actions in the buffer may be permitted as long as they do not increase the degree of nonconformity. This means no increase in the impacts to the wetland from activities in the buffer. For example, the construction of an urban road is being proposed next to a Category II wetland. A one-hundred-fifty-foot buffer would be needed to protect function. If, however, an urban road is already present and only fifty feet from the edge of the Category II wetland, the additional one hundred feet of buffer may not be needed if the road is being widened. A vegetated buffer on the other side of the road would not help buffer the existing impacts to the wetland from the road. If the existing road is resurfaced or widened (e.g., to add a sidewalk) along the upland edge, without any further roadside development that would increase the degree of nonconformity, the additional buffer is not necessary. The associated increase in impervious surface from widening a road, however, may necessitate mitigation for impacts from stormwater. If, however, the proposal is to build a new development (e.g., shopping center or residential development) along the upland side of the road, the impacts to the wetland and its function may increase. This would increase the degree of nonconformity. The project proponent would need to provide the additional one hundred feet of buffer extending beyond the road or apply for buffer averaging.
M. 
Minor Additions. Minor additions or alterations such as decks and small additions less than one hundred twenty square feet, interior remodels, or tenant improvements which have no impact on the wetland or wetland buffer are exempt from the buffer enhancement requirements.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
An owner of a property containing wetlands may be permitted to transfer the density attributable to the wetland area to another nonwetland, nonsensitive portion of the same site or property, subject to the limitations of this section.
B. 
Up to one hundred percent of the density that could be achieved on the wetland and buffer portion of the site can be transferred to the nonwetland portion, subject to:
1. 
The density limitations of the underlying zoning classification;
2. 
The minimum lot size of the underlying zoning classification may be reduced to three thousand square feet in order to accommodate the transfers in densities;
3. 
Applicable front and rear building setbacks as listed in the bulk matrix may be reduced to fifteen feet, and the lot coverage standards of underlying zoning regulations may be increased to sixty percent;
4. 
The area to which density is transferred shall not be constrained by another environmentally critical area regulation;
5. 
All required wetland buffers shall be applied to the parcel and set aside in native growth protection area tract(s).
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Sequencing. After careful consideration of the potential impacts and a determination that impacts are unavoidable, unavoidable impacts to wetlands shall be mitigated. Mitigation shall be applied in the following sequence of steps, listed in the order of priority from top to bottom. Work within wetlands requires state and likely federal authorization in addition to city approval.
1. 
Avoiding the impact altogether by not taking a certain action or parts of actions;
2. 
Minimizing impacts by limiting the degree of magnitude of the action and its implementation (e.g., use of appropriate technology, consideration of alternative site plans and building layouts and/or reductions in the density or scope of the proposal);
3. 
Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
4. 
Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
5. 
Compensating for the impact by replacing, enhancing or otherwise providing equivalent or greater wetland functions;
6. 
Monitoring the impact and taking appropriate corrective measures.
B. 
Altering Wetlands. Unless otherwise approved by the city and Ecology through a shoreline variance, alteration of wetlands and/or their buffers may only be permitted subject to the following criteria:
1. 
Category I Wetlands. Alterations of Category I wetlands shall be avoided.
2. 
Category II, III, and IV Wetlands. With respect to activities proposed in Category II, III, and IV wetlands, the following standards shall apply:
a. 
Water-dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffer, and other critical areas.
b. 
Low-impact public access and water-oriented recreational development, such as raised boardwalks, may be allowed if they provide opportunities for substantial numbers of the general public to enjoy the shoreline and incorporate interpretive signs or other mechanisms to inform the public about shoreline and wetland functions.
c. 
Where non-water-dependent or non-public access activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited.
C. 
Mitigation for Alterations. Proposals which include compensatory mitigation shall demonstrate that:
1. 
All feasible and reasonable measures will be taken to reduce impacts and losses to the wetlands, or to avoid impacts where avoidance is required by these regulations;
2. 
The restored, created, or enhanced wetland will be as available and persistent as the wetland it replaces;
3. 
No overall loss will occur in wetland area, function, or values;
4. 
The applicant has the financial resources and technical expertise to satisfactorily complete the project;
5. 
The applicant can demonstrate the capacity to monitor the site and make corrections during the monitoring period if the project fails to meet projected goals; and
6. 
The applicant can protect and manage, or provide for the protection and management of, the compensation area to avoid further development or degradation and to provide long-term persistence of the project area.
D. 
Comparable Alternative Mitigation. Owners of property with Category II through IV wetlands may also provide a comparable alternative mitigation plan which will result in equal or better wetland quality.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Location and Timing of Mitigation.
1. 
Restoration, creation, or enhancement actions should be undertaken on or adjacent to the site, or where restoration or enhancement of a former wetland is proposed, within the same watershed. Replacement in-kind of the impacted wetland is preferred for creation, restoration, or enhancement actions. The city may accept or recommend restoration, creation, or enhancement which is off site and/or out-of-kind if the applicant can demonstrate that on-site or in-kind restoration, creation, or enhancement is infeasible due to constraints such as parcel size or wetland type, or that a wetland of a different type or location is justified based on regional needs or functions.
2. 
Whether occurring on site or off site, the mitigation project shall occur near an adequate water supply (river, stream, and groundwater) with a source of hydrology to the wetland to ensure a successful development or restoration.
3. 
Any agreed upon mitigation plan shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule has been approved by the city.
B. 
Wetland Mitigation Ratios.
1. 
Where wetland alterations are permitted by the city, the applicant shall restore, create, or enhance equivalent wetland area in order to compensate for wetland losses. Equivalent areas are determined according to wetland category, acreage, function, the length of time it takes for the restored or created wetland to approximate the characteristics of the original wetland, and the probability of success. Where feasible, applicants are encouraged to provide a higher type and quality of wetland than the altered wetland based on "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington" (Ecology Publication No. 10-06-011) to calculate potential mitigation functions.
2. 
The following ratios shall be established as a starting point for further discussion with each proponent on a case by case compensatory mitigation analysis and plan. Ratios shall apply to creation or restoration 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. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases as required by the permitting agency or agencies. Where feasible, applicants are encouraged to use Ecology Publication No. 10-06-011 "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington" to calculate mitigation ratios.
Table 2—Wetland Mitigation Ratios
Category and Type of Wetland
Reestablishment or Creation
Rehabilitation
Reestablishment or Creation (R/C) and Enhancement (E)
Enhancement Only
Category I
Forested
6:1
12:1
1:1 R/C and 10:1 E
24:1
Based on Score for Functions
4:1
8:1
1:1 R/C and 6:1 E
16:1
Estuarine
Case by Case
6:1 rehabilitation of an estuarine wetland
Case by Case
Case by Case
Bog
Irreplaceable – Avoidance Required
6:1 rehabilitation of a bog
Case by Case
Case by Case
Coastal Lagoon
Irreplaceable – Avoidance Required
6:1 rehabilitation of a coast lagoon
Case by Case
Case by Case
Natural Heritage
Irreplaceable – Avoidance Required
6:1 rehabilitation of a natural heritage site
Case by Case
Case by Case
Category II
Estuarine
Case by Case
4:1
Case by Case
Case by Case
Interdunal
2:1 Compensation has to be interdunal
4:1 Compensation has to be interdunal
1:1 R/C and 2:1 E
8:1
All Other
3:1
8:1
1:1 R/C and 4:1 E
12:1
Category III
2:1
4:1
1:1 R/C and 2:1 E
8:1
Category IV
1.5:1
3:1
1:1 R/C and 2:1 E
6:1
a. 
Creation. The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevation that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment results in a gain in wetland acres.
b. 
Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles. Reestablishment results in a gain in wetland acres.
c. 
Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic function of a degraded wetland. Activities could involve breaching a dike or reconnecting wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.
d. 
Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve functions or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or habitat. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying the site elevation or the proportion of open water to influence hydroperiods, or some combination of these. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres.
e. 
Preservation. Preservation of high quality wetland and buffer may be allowed as compensation for wetland impacts on a case-by-case basis. Preservation can only be used in combination with other forms of mitigation. Mitigation ratios for preservation in combination with other forms of mitigation will generally range from 10:1 to 20:1, as determined on a case-by-case basis, depending on the quality of the wetlands being lost or degraded and the quality of the wetlands being preserved. Guidance in the Department of Ecology's publication "Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance" will be consulted during consideration of preservation as compensatory mitigation.
C. 
Mitigation Banking. The use of a mitigation bank or approved in-lieu fee sites may be approved for use as a compensation for unavoidable impacts to wetland when:
1. 
The bank is certified under Chapter 173-700 WAC;
2. 
The planning director or his/her designee determines that the wetland mitigation bank provides appropriate mitigation for the authorized impacts;
3. 
The proposed use of credits is consistent with the terms and conditions of the bank's certification;
4. 
Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification;
5. 
Credits from certified wetland mitigation bank may be used to mitigate for impacts located with the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Where it is determined by the city that compensatory wetland mitigation is required or appropriate, a qualified wetland specialist shall prepare a preliminary and final mitigation plan using best available science in accordance with city requirements for city review. The mitigation plan shall include:
1. 
Environmental Goals and Objectives. The 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 and values 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 or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met. These criteria shall at a minimum include plant survival and cover and hydrology.
3. 
Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed and shall include detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques. The written plan shall include:
a. 
The proposed construction sequencing, 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.
4. 
Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measure to be taken if monitoring or evaluation indicates project performance standards are not being met.
B. 
The applicant's qualified wetland specialist and the city must monitor installation of any construction to ensure mitigation is constructed or otherwise installed according to the approved mitigation plan requirements.
C. 
For those projects that are only required to provide buffer enhancement mitigation, an applicant may use the city's conceptual buffer mitigation plan as a basis to prepare a buffer enhancement plan. The final plan must be approved by the city's planning director prior to final approval of a proposed project.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
Monitoring Program Required. A monitoring program shall be included as a part of the approved mitigation plan. To ensure that the performance standards of the approved mitigation plan have been met, the mitigation and/or buffer enhancement site(s) shall be monitored for a minimum of five years. The monitoring period required by the city may be extended an additional two years if the wetland or buffer is not performing as expected by the mitigation or enhancement plan. The monitoring reports shall be submitted on August 1st, or as otherwise agreed upon by the city and the applicant, of each year during the monitoring period. Monitoring reports shall follow the recommendations contained in the Department of Ecology's publication "Guidance on Wetland Mitigation in Washington State," Part Two.
B. 
Sureties. An acceptable surety device is required to ensure the applicant's compliance with the terms of the mitigation agreement.
1. 
Performance Surety. All wetland mitigation and buffer enhancement shall be completed prior to final plat approval and/or building occupancy depending on the type of application. However, when improvements cannot be completed prior to final acceptance due to weather conditions which may negatively affect the success of the project, a performance surety may be used. The surety shall equal one hundred fifty percent of the cost of the mitigation project, and the required improvements shall be installed in a satisfactory manner within six months or less.
2. 
Maintenance Surety. A maintenance surety shall be required on all mitigation projects to ensure that the improvements successfully survive the monitoring periods set above.
a. 
Wetland Mitigation Projects. The amount of the maintenance surety shall be equal to fifteen percent of the cost of the mitigation project and the term of the surety shall reflect that of the monitoring program.
b. 
Buffer Enhancement Projects. The amount of the maintenance surety shall be equal to fifteen percent of the costs of the enhancement project and the term of the surety shall reflect that of the monitoring program.
3. 
Monitoring Deposit. A cash deposit shall be submitted with all sureties prior to final acceptance of the project to cover the city's estimated costs to review the yearly monitoring reports and conduct a site inspection to ensure the performance standards are being met.
C. 
Long-Term Maintenance. To ensure the long-term success of the wetland, the applicant or their heirs or successors shall be responsible for the long-term maintenance of the wetland and its associated buffer. The wetland and buffer shall be kept clear of weeds, invasive plant material, lawn clippings, junk, debris, intrusions or the like.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)