City of Tacoma, WA Chapter 13.11 Critical Areas Preservation

§ 13.11.100 General provisions.

The 100 and 200 sections contain the general provisions.

(Ord. 27893 Ex. A, 2010-06-15; Ord. 27912 Ex. A, 2010-08-10; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.110 Purpose.

The purpose of this chapter is to protect the public health, safety, and welfare by establishing a regulatory scheme based on Best Available Science that classifies, protects, and preserves Tacoma’s critical areas; by providing standards to manage development in association with these areas; and by designating some of these areas as environmentally sensitive in accordance with the State Environmental Policy Act (SEPA). Many critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents, while others may pose a threat to human safety, or to public and private property.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 13, 2005-11-15)

§ 13.11.120 Intent.

A. Critical areas include critical aquifer recharge areas, fish and wildlife habitat conservation areas (FWHCAs), flood hazard areas, geologically hazardous areas, stream corridors, and wetlands. These critical areas serve many important ecological functions. Many of the critical areas in Tacoma have been lost or degraded through past development. Tacoma, as an urban growth area, is experiencing increasing growth and its land resource is diminishing. This increasing growth and diminishing land resource is creating pressure for the development of critical areas. New construction technology is also creating pressure on these sites by making development feasible on sites where it was formerly impractical to build.

B. Because of the ecological benefits of critical areas, their past destruction, and the increasing pressure to develop them, the intent of this chapter is to ensure that the City’s remaining critical areas are preserved and protected and that activities in or adjacent to these areas are managed. The preservation standards are provisions designed to protect critical areas from degradation. These criteria and standards will secure the public health, safety, and welfare by:

1. Protecting members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, flooding or similar events;

2. Maintaining healthy, functioning ecosystems through the protection of ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve biodiversity of plant and animal species;

3. Preventing cumulative adverse impacts to Critical Areas including the prevention of net loss of wetlands.

4. Providing open space and aesthetic value;

5. Providing migratory pathways for fish and wildlife;

6. Giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;

7. Providing unique urban wilds that serve as natural laboratories for schools and the general public;

8. Avoiding public expenditures to correct damaged or degraded critical ecosystems;

9. Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential presence of a critical ecosystem and possible development limitations; and

10. Providing City officials with information, direction, and authority to protect ecosystems when evaluating development proposals.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 14, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28518 Ex. 5, 2018-06-26; Ord. 28725 Ex. A, 2020-12-08)

§ 13.11.130 Scope and applicability.

A. The provisions of this chapter apply to all lands and waters, 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. This chapter applies to all critical areas outside of the Shoreline District. This chapter specifically applies to any activity which would destroy vegetation; result in a significant change in critical habitat, water temperature, physical, or chemical characteristics; or alter natural contours and/or substantially alter existing patterns of tidal, sediment, or storm water flow on any land which meets the classification standards for any critical area defined herein. In addition, this chapter applies to all public or private actions, permits, and approvals in or adjacent to a critical area and its buffer, management area, or geo-setback including, but not limited to, the following:

1. Building permits;

2. Clearing and grading permits;

3. Forest practices permits;

4. Land Use permits;

5. Subdivision and short subdivisions;

6. Binding site plans;

7. Zoning amendments;

8. Creation of tax parcels.

B. Critical areas outside a shoreline district that involve a development activity that is reviewed, pursuant to Section 13.05.050 TMC (Development Regulation Agreements), except for projects identified in § 13.05.050B.4 TMC, shall be considered during the Development Regulation Agreement review process; a separate critical areas permit is not required. Any approval(s) pursuant to Section 13.05.050 TMC shall, to the maximum extent feasible, avoid potential impacts to critical areas, and any unavoidable impacts to critical areas shall be fully mitigated, either on- or off-site.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 15, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27877 Ex. A, 2010-03-02; Ord. 28070 Ex. B, 2012-05-08; Ord. 28180 Ex. E, 2013-10-15; Ord. 28230 Ex. F, 2014-07-22; Ord. 28518 Ex. 5, 2018-06-26; Ord. 28725 Ex. A, 2020-12-08)

§ 13.11.140 Regulated uses/activities.

Pursuant to the requirements of this chapter, a site review or permit shall be obtained prior to undertaking any of the following activities in or adjacent to Critical Areas and their associated buffer, geo-setback, or management area, unless otherwise covered under Sections 13.11.200 and 13.11.210.

A. Filling, placing, or dumping any soil, loam, peat, sand, gravel, rock, chemical substance, refuse, trash, rubbish, debris, or dredge material;

B. Excavating, dredging, grading or clearing any soil, loam, peat, sand, gravel, rock, vegetation, trees, or mineral substance;

C. Discharge of hazardous substances, including, but not limited to heavy metals, pesticides, petroleum products, or secondary effluent;

D. Any act which results in draining, flooding, or disturbing the water level or table;

E. Exterior alteration, construction, demolition, or reconstruction of a building, structure or infrastructure, including driving pilings or placing obstructions;

F. Destroying or altering vegetation through clearing, harvesting, shading, pruning, or planting vegetation that would alter the character of the site; and

G. Any act or use which would destroy natural vegetation; result in significant change in water level, water temperature, physical, or chemical characteristics of the wetland or stream; substantially alter the existing pattern of tidal flow, obstruct the flow of sediment, or alter the natural contours of a site.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 16, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27813 Ex. E, 2009-06-30; Ord. 28070 Ex. B, 2012-05-08; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.145 Pre-existing uses/structures.

A. An established use or existing structure that was lawfully permitted prior to adoption of this chapter, but which is not in compliance with this chapter, may continue subject to the provisions of Tacoma Municipal Code (TMC) Chapter 13.11 Critical Areas Preservation and Section 13.06.010L.

B. Except as otherwise required by law, a legal pre-existing use or structure may continue unchanged; or modified only where the use or structure becomes less non-conforming, and where the modification will increase the buffer, and increase the functions of the critical area.

C. All modifications for pre-existing uses/structures shall conform to the current code provision to the maximum extent possible as determined by the Director of Planning and Development Services.

(Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.150 (Repealed)

(Allowed Activities. Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 17, 2005-11-15; repealed by Ord. 27728 Ex. A, 2008-07-01)

§ 13.11.160 Abrogation and greater restrictions.

A. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, provisions of this chapter shall prevail.

B. Where one site is classified as containing two or more critical areas, the project shall meet the minimum standards and requirements for each identified critical area set forth in this chapter.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 18, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.170 Severability.

If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstances shall be adjudged 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 and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the provisions of each clause, sentence, paragraph, section, or part of this chapter are hereby declared to be severable.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 19, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27813 Ex. E, 2009-06-30; Ord. 27995 Ex. I, 2011-06-14; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.180 Critical area designation and SEPA.

A. Pursuant to WAC 197-11-908 and Section 13.12.930 of the TMC, aquifer recharge areas, fish and wildlife habitat conservation areas (FWHCAs), flood hazard areas, geologically hazard areas, wetlands, and streams are hereby designated as critical areas. Many of these areas are mapped on Tacoma’s Generalized Critical Areas Maps available in the Planning and Development Services Department or as defined by this chapter. The following SEPA categorical exemptions shall not apply within these areas, unless the changes or alterations are confined to the interior of an existing structure or unless the project does not require a permit under this chapter: Section 13.12.310 of the TMC and the following subsections of WAC 197-11-800(1)(b); (2)(d) excluding landscaping, (e), (f), and (g); (3); 24(a), (b), (c), and (d).

B. The scope of environmental review of actions within critical areas shall be limited to: (a) documenting whether the proposal is consistent with the requirements of this chapter; and (b) evaluating potentially significant impacts on the critical area resources not adequately addressed by development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and other applicable environmental review laws.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 20, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04)

§ 13.11.190 Review process.

A. The Review Process is used to determine whether a critical area, buffer, management area, or geo-setback is present on or adjacent to a proposal, and whether additional review or permitting is required.

Critical area may be located through the use of information from the United States Department of Agriculture Natural Resource Conservation Service, the United States Geological Survey, the Washington Department of Ecology, the Coastal Zone Atlas, the Washington Department of Fish and Wildlife stream maps and Priority Habitat and Species maps, Washington DNR Aquatic Lands maps and geologic mapping, the National Wetlands Inventory maps, Tacoma topography maps, the City’s Generalized Wetland and Critical Areas Inventory maps, and Pierce County Assessor’s maps to establish general locations and/or verify the location of any critical area on site. The City’s Generalized Wetland and Critical Area Inventory maps and other above-listed sources are only guidelines available for reference. The City maps are not exhaustive, and other areas meeting the definition or intent will be included. The actual location of critical areas must be determined on a site-by-site basis according to the classification criteria.

The City may utilize information from any source referred to above or available in order to establish general locations and/or to verify the location of any critical area.

B. Site review. In order to assist customers with potential proposals, City staff will provide an initial site review based on existing information, maps and a potential site visit to identify potential critical areas, and their associated buffers/geo-setbacks or management areas within 300 feet. The review area may be expanded where priority species or habitat are present. Site reviews are completed on a case by case basis and may require the applicant to submit a critical areas assessment.

Following the site visit and Review Process, a project may proceed without further critical area permitting if the applicant can demonstrate the following:

1. There are no adverse impacts to the critical area or buffer, geo-setback, or management area, and

2. Structures and alterations are all located outside the critical area and beyond the required buffers or management areas, and

3. Existing hydrology will be maintained to support critical areas, and

4. The proposed use or activity is consistent with WDFW priority species management recommendations.

C. In conjunction with the site review process, the Director of Planning and Development Services (the “Director”; see § 13.01.110D) may require additional information on the physical, biological, and anthropogenic features that contribute to the existing ecological conditions and functions to determine whether a formal critical area permit is required.

D. Review, assessment and permit requirements.

1. Review of development activities within the jurisdiction of the Shoreline Management Act, including Puget Sound, Wapato Lake, or any stream where the mean annual flow is 20 cubic feet per second or greater are regulated under provisions of TMC Title 19 and the Tacoma Shoreline Master Program. Upon adoption of the new Shoreline Master Program on October 15, 2013, all code excerpts referring to the regulation of critical areas within the shoreline will no longer be valid and those critical areas shall be regulated under the new shoreline code TMC Title 19.

2. Review of development activities outside the jurisdiction of the Shoreline Management Act.

a. Regulated activities that require a land use or building/site development permit do not require a separate Critical Area permit to review for potential impacts to a FWHCA Management Area, Geologically Hazardous Area, or Flood Hazard Area provided:

(1) There are no other critical areas, such as a wetlands, streams, or Biodiversity Areas/Corridors, or their associated buffers found on the site that would require a permit under this chapter, and

(2) If a FWHCA Management Area is found on the project site the applicant complies with applicable WDFW species management recommendation or with an approved Habitat Management Plan (HMP) submitted by the applicant.

(3) If a Geologically Hazardous Area is found on the project site the applicant complies with applicable prescriptive requirements and minimum standards of TMC § 13.11.700 and follows the recommendations of their geotechnical expert, or

(4) If a Flood Hazard Area is found on the project site the applicant complies with the applicable prescriptive requirements and minimum standards contained within TMC § 13.11.600.

b. Regulated activities that do not require a land use or building/site development permit may require a separate Critical Area review and/or permit under this Chapter.

c. Per TMC § 13.11.160, where multiple critical areas are present the project shall meet the minimum standards and requirements for each critical area including requirements for permitting. A separate critical area permit may be required when impacts cannot be avoided or the project cannot meet the standards of this chapter.

(Ord. 27431 § 21, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.200 Allowed activities.

A. Purpose. The purpose of this section is to allow certain activities that are unlikely to result in critical area impacts. The activities must comply with the protective standards of this chapter and provisions of other local, state, and federal laws. All activities shall use reasonable methods to avoid and minimize impacts. Any incidental damage to, or alteration of, a critical area, geo-setback, management area or buffer, shall be restored or replaced at the responsible party’s expense.

B. The following activities may occur without City review or approval in compliance with the purpose stated above.

1. The maintenance and repair of legally existing utilities, roads, structures, or facilities used in the service of the public provided such work does not expand the footprint of the facility or right-of-way or alter any regulated critical area or buffer. Activities must be in compliance with the current City Stormwater Management Manual and Regional Road Maintenance Manual and provide all known and reasonable protection methods for the critical area.

2. The maintenance and repair of legally existing roads, structures, or facilities used in the service of the public to provide stormwater services may occur provided such work is in compliance with the current City Stormwater Management Manual and Regional Road Maintenance Manual and provides all known and reasonable protection methods for the critical area, and does not expand further into the critical area.

3. Holding basins and detention ponds that are part of the municipalities stormwater system are exempt from the permit provisions of this chapter when such holding basin or detention pond is controlled by an engineered outlet.

4. Maintenance of legally existing structures, accessways, trails, promenades, stairways, parking lots, and landscaping provided such work does not expand the foot print of the structure or right-of-way and does not alter any regulated critical area or buffer.

5. Passive recreational activities, educational activities and scientific research including, but not limited to, fishing, bird watching, walking or hiking and non-motorized boating.

6. The following can be removed by hand or hand-held light equipment provided that appropriate methods are used to protect native vegetation. Removal methods may be found in the Green Tacoma Partnership Habitat Steward Field Guide.

a. English Ivy may be removed from plants on which is adhered or rolled up off the ground provided ground disturbance is minimal and does not cause erosion.

b. Regulated noxious weeds as listed on the Pierce County noxious weed list that are required to be eradicated (Class A and Class B) as specified by the Pierce County Noxious Weed Board.

c. Invasive species removal in a critical area or buffer when the total area is 1,000 square feet or less and slopes are less than 25%.

d. Refuse and debris.

7. Native vegetation planting in a critical area buffer or Biodiversity Area/Corridor when the total area is 1,000 square feet or less, slopes are less than 25% and a City approved planting plan is utilized.

8. The following voluntary actions can be conducted by hand or with light equipment by Public Agencies with expertise in critical area restoration and enhancement:

a. Native planting and invasive species removal in a critical area or buffer when the total area is 5,000 square feet or less and slopes are less than 15%.

b. Native planting and invasive species removal in a critical area or buffer when the total area is 2,000 square feet or less and slopes are between 15% and 25%.

9. On-site response, removal or remedial action undertaken pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or remedial actions undertaken pursuant to a state Model Toxics Control Act (MTCA) order, agreed order or consent decree, or a Department of Homeland Security order that preempt local regulations in the findings of the order. Any subsequent use or redevelopment of the property may be eligible for modification of requirements in this chapter when they are in conflict with the order, such as re-vegetation that would disturb a protective cap placed to contain contaminated soils.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 22, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27893 Ex. A, 2010-06-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28336 Ex. C, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.210 Activities allowed with staff review.

A. Purpose. The purpose of this section is to allow City staff review to determine whether potential impacts to a critical area, buffer, management area, or geo-setback may occur, without requiring a critical area permit. The staff review will ensure the activity meets the specific criteria below.

B. The following activities require review by City staff. Review and authorization may occur over-the-counter or staff may issue a letter of approval with conditions. Additional information and studies may be requested. Activities must comply with the protective standards of this chapter and provisions of other local, state, and federal laws. Any incidental damage to, or alteration of, a critical area shall be restored or replaced at the responsible party’s expense.

1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare or pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe too short to allow for normal processing. Emergency actions that create an impact to a critical area or its buffer shall use best management practices to address the emergency and, in addition, the action must have the least possible impact to the critical area or its buffer.

The person or agency undertaking such action shall notify the City within one (1) working day following the commencement of the emergency activity. The City shall determine if the action taken was within the scope of an emergency action and following that determination, may require the action to be processed in accordance with all provisions of this chapter including the application of appropriate permits within thirty (30) days of the impact. The emergency exemption may be rescinded at any time upon the determination by the City that the action was not, or is no longer necessary.

After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary mitigative actions including, but not limited to, restoration and rehabilitation or other appropriate mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved mitigation plan. All mitigation activities must take place within one (1) year following the emergency action and impact to the critical area, or within a timeframe approved by the City and reflected within an approved schedule. Monitoring will be required as specified in the General Mitigation Requirements (Section 13.11.270).

2. Maintenance and repair of legally existing utilities, roads, structures, or facilities used in the service of the public may occur following review where alteration of the critical area or buffer is unavoidable. All activities must be in compliance with the current City Stormwater Management Manual and Regional Road Maintenance Manual and provide all known and reasonable protection methods for the critical area and shall not expand further into the critical area.

3. Isolated Category III or Category IV wetlands, which have been classified and identified as having a total cumulative area of less than 1,000 square feet, regardless of property lines are exempt from the provision of this Chapter provided they:

a. Are of low habitat function (less than 20 points in the Washington Wetlands Rating System for Western Washington).

b. Are hydrologically isolated and are not part of a mosaic wetland system.

c. Are not associated with a Shoreline of the state, or a wetland that is part of a riparian habitat area, or designated Biodiversity Area/Corridor, and

d. Are not critical habitat to local populations of priority species.

4. Geotechnical investigation activities may be performed, provided that an access plan, protection measures, best management practices, and restoration are utilized to protect and maintain the critical area where possible. These items must be included with the application.

5. Reconstruction or exterior remodeling, of existing structures and accessory structures provided that disturbance of native vegetation is kept to a minimum and any vegetation that is disturbed shall be replaced. This shall not apply to reconstruction which is proposed as a result of structural damage associated with a critical area, such as slope failure in a landslide hazard area or flooding in a flood hazard area.

6. One-time expansion of existing structures and accessory structures, provided that expansion of the developed footprint within the critical area or buffer does not increase by more than 25 percent and that the new construction or related use extends away from the critical area; keeps disturbance of native vegetation to a minimum; and replaces native vegetation that may be disturbed This expansion may also occur in a direction parallel to the critical area if the expansion takes place upon existing impervious surfaces. A Notice on Title must be recorded to be eligible for staff review and approval.

7. Maintenance and repair of existing retaining walls and bioengineered stabilization measures designed to protect property from erosion.

8. Interrupted wetland, stream, FWHCA, or buffers.

a. Where a legally established, pre-existing use of the critical area or buffer exists, those proposed activities that are within the critical area or buffer but are separated from the remaining critical area by a permanent substantial improvement, or are located in an existing permanent substantial improvement, may be allowed provided that the detrimental impact to the critical area does not increase. The permanent substantial improvement must serve to eliminate or greatly reduce the impact of the proposed activity upon the critical area. However, if the impacts do increase, the City shall determine if additional buffer may be required along the impact area of the interruption. Substantial improvements may include developed public infrastructure (roads, railroads, dikes, and levees) and buildings. Substantial improvements may not include paved trails, sidewalks, parking areas, or bulkheads. Review may require a functional analysis report for the type of critical area buffer that is affected. In determining whether a functional analysis is necessary, the City shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the interruption.

b. Where a legally established, pre-existing structure or use is located within a regulated biodiversity area/ corridor or buffer and where the area is fully paved and does not conform to the interrupted provision above, the biodiversity area/corridor or buffer will end at the edge of pavement.

9. Construction of pedestrian trails within the buffer of a Critical Area or within a Biodiversity Area/Corridor is permitted, subject to the following criteria:

a. The trail is constructed of pervious material such as bark chip or equivalent.

b. The trail does not cross or alter any regulated drainage features or waters of the state.

c. The trail shall be located within the outer quarter (¼) edge of the buffer, where possible, with the exception for limited viewing platforms.

d. The trail system discourages pedestrians from using informal trails that are not part of the designated trail system.

e. The trail is designed to avoid human disturbance to priority species and priority habitat. Trails constructed in Biodiversity Areas/Corridors shall avoid the most sensitive areas and species and must maintain a contiguous and unfragmented corridor for wildlife movement. Expansion of existing trail systems must demonstrate that the expansion will not result in additional disruption of wildlife movement and will avoid the most sensitive areas and species.

f. Low impact trails shall not be later widened or upgraded to impervious trails that encourage activities with greater impacts without additional review and required permitting.

g. Informational signs are required at trail heads, at a minimum, and are subject to City approval.

10. 

Voluntary enhancement or restoration of a critical area or buffer that exceeds the provisions above in § 13.11.200B.6, 7, or 8 may be allowed if the activity meets the requirements of this section.

a. Individual projects.

(1) Enhancement activities shall be limited to planting native vegetation, controlling noxious and invasive species and providing minor habitat structures such as nest boxes.

(2) Activities shall not include grading or water control structures.

(3) A planting plan containing information on vegetation species, quantities, and general location of planting areas including the identification of wetlands, streams, and their buffers, is required for review.

(4) Proper erosion control measures are provided.

(5) If equipment, other than hand-held equipment is utilized, list the type of equipment, methods and best management practices to prevent unnecessary impacts.

b. Community projects. Multi-party projects are encouraged. These projects shall not include new destination facilities or high-intensity recreation facilities as described in § 13.06.080L. The applicants may propose a programmatic approach pertaining to multiple sites and on-going restoration and enhancement activities as well as maintenance. A City approved habitat management template or equivalent must be provided that has been reviewed and approved by all property owners. In addition, the project is subject to the following:

(1) The primary focus is preservation and increase in biological functions through the preservation and improvement of habitat, species diversity and natural features.

(2) Preserves and connects critical areas.

(3) Includes goals, objectives, and measureable performance standards.

(4) Includes a monitoring plan and contingency plan.

(5) Trails shall comply with the provisions in Section 13.11.210B.9.

(6) Buildings and paved surfaces shall be located outside of wetlands and streams and their buffers. When located in a Biodiversity Area/Corridor, buildings or paved surfaces must be located in the least sensitive area and must maintain a contiguous and unfragmented corridor for wildlife passage.

(7) Picnic Tables, benches, and signage are allowed when they are located to avoid and minimize impacts.

(8) A maintenance plan that describes the proper techniques and methods used for on-going maintenance and preservation. The plan should address maintenance of any buildings and improvements such as picnic areas, as well as restoration and enhancement areas.

(9) The identification of a trained habitat steward who will be responsible for overseeing volunteers, employees, and/or contractors for all aspects of the project.

11. Hazard trees. The removal of hazard trees from the critical area or buffer/geo-setback that are posing a threat to public safety, or posing an imminent risk of damage to an existing structure, public or private road or sidewalk, or other permanent improvement, may be allowed following City staff review, or provided that a report from a certified arborist, landscape architect or professional forester is submitted to the City for review and approval. The report must include an evaluation for tree stabilization potential and removal techniques for the hazard tree and procedures for protecting the surrounding critical area and replacement of native trees. Where possible, the hazard tree shall be left as a standing snag and the cut portions shall be left within the critical area as habitat unless removal is warranted due to fire hazard, disease, or pest control.

12. Tree pruning. Tree pruning may be allowed provided a report from a certified arborist, landscape architect or professional forester regarding the health of the tree is submitted, and a functional impact analysis from a qualified professional evaluating the functions of the critical area as a result of the pruning, is also submitted to the City for review and approval. No topping, complete removal or impacts to the health of the tree shall be allowed.

13. Watershed restoration projects that conform to the provisions of RCW 89.08.460 shall be reviewed without fee and approved within 45 days per RCW 89.08.490.

14. Fish habitat enhancement projects that conform to the provision of RCW 77.55.181 shall be reviewed without fee and comments provided as specified in RCW 77.55.181.

15. Demolition of structures.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 23, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28230 Ex. F, 2014-07-22; Ord. 28335 Ex. A, 2015-12-01; Ord. 28336 Ex. C, 2015-12-01; Ord. 28376 Ex. E, 2016-08-16; Ord. 28518 Ex. 5, 2018-06-26; Ord. 28725 Ex. A, 2020-12-08)

§ 13.11.220 Application types.

A. This chapter allows three types of Critical Area applications, which result in the issuance of an administratively appealable decision consistent with Chapter 13.05. After the appeal period expires, the Director’s approved decision becomes the official permit. Programmatic Restoration Projects processed under either the Minor Development Permit or the Development Permit may qualify for additional time extensions according to 13.05.120.

B. The three types of permits are as follows:

1. Verification. Critical Area Verification. An applicant may request verification of a wetland, or stream, or FWHCA on the subject site or within 300 feet of the subject site without submitting plans for a specific project. A verification request may include presence, a boundary determination through wetland delineation or an Ordinary High Water Mark determination. A verification request may also include the jurisdictional status of a critical area.

2. Minor development permit. A Minor Development permit may be issued when an applicant cannot meet the minimum buffer requirements or where the Director determines that the proposal will result in temporary, minor, or de-minimis impacts to the buffer or critical area. The Director will consider the size of the area affected, the sensitivity of the critical area and/or presence of priority species and habitat when determining whether the impact is temporary, minor, or de-minimis. The project must comply with the following:

a. The project will not result in a permanent impact to the critical area that would require compensatory mitigation; and

b. Mitigation is provided to restore the site to pre-development conditions, including the maintenance of pre-development hydrological conditions and vegetation conditions.

c. For buffer modification, the project meets the following:

(1) Buffer averaging as allowed within Sections 13.11.330 and 13.11.430; or

(2) Buffer reduction as allowed within Section 13.11.330.

d. For FWHCA Biodiversity Areas/Corridors, the project meets the following:

(1) The project will meet the minimum standards in Section 13.11.550E.1.

3. Development permit. A decision will be issued where, the Director determines that avoidance and minimization have not eliminated all impacts and compensatory mitigation will be required as a result of the proposal.

a. The applicant must meet the requirements of one of three legal tests; No Practicable Alternatives, Public Interest or Reasonable Use, and

b. Demonstrate Mitigation Sequencing, and

c. Provide mitigation as required in accordance with this Chapter.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 24, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26; Ord. 28725 Ex. A, 2020-12-08)

§ 13.11.230 Application submittal requirements.

A. The purpose of information submittal and review is to require a level of study sufficient to protect critical areas and/or the public from hazards. All information submitted shall be reviewed as to its validity and may be rejected as incomplete or incorrect. Additional information or electronic copies of all information may be requested for review and to ensure compliance. In the event of conflicts regarding information submitted, the Director may, at the applicant’s expense, obtain expert services to verify information.

B. The following items are required for permit review and approval, where applicable depending upon the critical area, the project and permit type, and as determined necessary by City staff.

1. A Joint Aquatic Resource Permit Application and vicinity map for the project.

2. A surveyed site plan that includes the following:

a. Parcel line(s), north arrow, scale and two foot contours.

b. Location and square footage for existing and proposed site improvements including, utilities, stormwater and drainage facilities, construction and clearing limits, and off-site improvements. Include the amounts and specifications for all draining, excavation, filling, grading or dredging.

c. The location and specifications of barrier fencing, silt fencing and other erosion control measures.

d. Base flood elevation, floodplain type and boundary and floodways, if site is within a floodplain.

e. Critical Areas including all surveyed, delineated wetland boundaries, and the ordinary high water mark of any stream and their buffers, and all Fish and Wildlife Conservation Areas (FWHCA), and any FWHCA Management Areas, as well as floodplain boundary, and top and toe of slopes related to geologically hazardous areas.

f. The square footage of the existing critical areas and buffers located on-site and the location and square footage of any impacted areas.

g. Locations of all data collection points used for the field delineation and general location of off-site critical areas and any buffer that extends onto the project site. Include location and dominant species for significantly vegetated areas and general location for habitat types.

h. The location and square footage of impact areas, mitigation areas and remaining critical areas and buffers, geo-setbacks or management areas; including areas proposed for buffer modification.

3. Critical Area report prepared by a qualified professional as defined in § 13.01.110Q. The analysis shall be commensurate with the sensitivity of the critical area, relative to the scale of potential impacts and consistent with best available science. The report must include the following where appropriate:

a. Delineation, characterization and square footage for critical areas on or within 300 feet of the project area and proposed buffer(s). Delineation and characterization is based on the entire critical area. The review distance may be expanded for priority species. When a critical area is located or extends off-site and cannot be accessed, estimate off-site conditions using the best available information and appropriate methodologies.

(1) Wetland Delineations will be conducted in accordance with the approved federal manual and applicable regional supplements.

(2) The wetland characterization shall include physical, chemical, and biological processes performed as well as aesthetic, and economic values and must use a method recognized by local or state agencies. Include hydrogeomorphic and Cowardin wetland type.

(3) Ordinary high water mark determination shall be in accordance with methodology from the Department of Ecology.

(4) Priority species and habitat identification shall be prepared according to professional standards and guidance from the Washington Department of Fish and Wildlife. Depending on the type of priority species, the review area may extend beyond 300 feet.

b. Field data sheets for all fieldwork performed on the site. The field assessment shall identify habitat elements, rare plant species, hydrologic information including inlet/outlets, water depths, and hydro-period patterns based on visual cues, and/or staff/crest gage data.

c. Provide a detailed description of the project proposal including off-site improvements. Include alterations of ground or surface water flow, clearing and grading, construction techniques, materials and equipment, and best management practices to reduce temporary impacts.

d. Assess potential direct and indirect physical, biological, and chemical impacts as a result of the proposal. Provide the square footage for the area of impact with the analysis. The evaluation must consider cumulative impacts.

e. Identification of priority species/habitats and any potential impacts. Incorporate Washington State Department of Fish and Wildlife and/or US Department of Fish and Wildlife management recommendations where applicable. When required, plan shall include at a minimum the following:

(1) Special management recommendations which have been incorporated and any other mitigation measures to minimize or avoid impacts, including design considerations such as reducing impacts from noise and light.

(2) Ongoing management practices which will protect the priority species and/or habitat after development, including monitoring and maintenance programs.

f. A hydrologic report or narrative demonstrating that pre and post development flows to wetlands and streams will be maintained.

g. Runoff from pollution generating surfaces proposed to be discharged to a critical area shall receive water quality treatment in accordance with the current City’s Stormwater Management Manual, where applicable. Water quality treatment and monitoring may be required irrespective of the thresholds established in the manual. Water quality treatment shall be required for pollution generating surfaces using all known, available and reasonable methods of prevention, control and treatment.

h. Studies of potential flood, erosion, geological or any other hazards on the site and measures to eliminate or reduce the hazard.

i. An assessment of native vegetation to include habitat types (i.e. coniferous forest, mixed coniferous-deciduous forest, scrub-shrub, meadow), species richness, and dominate species. Provide percent cover for ground, shrub, and canopy layers. Describe vertical structure. This can be done using a foliage height diversity index such as MacArthur and MacArthur (1961). Include an estimate for non-native species present.

j. Provide the species and size of trees. At a minimum the average diameter at breast height (DBH) for each species and the location of any conifers greater than 30 inches must be provided. Describe the coniferous component as dominant, codominant or sub-dominant. A tree survey may be required to identify the location of trees of local significance or tree groves.

k. Describe habitat elements that are present such as duff layer, cliffs, downed wood, and snags.

l. For Biodiversity Areas/Corridors provide the overall size of the area including off-site vegetated areas. Provide the average width for corridors.

4. A Compensatory mitigation plan shall be provided for all permanent impacts to critical areas and their buffers/management areas and will conform to the general mitigation requirements listed under Section 13.11.270 and any specific requirements identified in this chapter for the critical area. The plan shall include the following:

a. The applicant must demonstrate that they meet one of three legal tests provided in 13.11.240.

b. Mitigation sequencing. The applicant shall demonstrate that an alternative design could not avoid or reduce impacts and shall provide a description of the specific steps taken to minimize impacts.

c. Assessment of impacts including the amount, existing condition and anticipated functional loss. Include probable cumulative impacts.

d. The amount and type of mitigation. Include goals, objectives, and clearly defined and measurable performance standards. Include contingency plans that define the specific course of action if mitigation fails. The Director may waive the requirement that a mitigation plan be prepared by a qualified professional when mitigation is limited to standard planting or enhancement activities. The waiver shall not be granted for creation or restoration activities.

e. A description of the existing conditions and anticipated future conditions for the proposed mitigation area(s) including future successional community types for years 1,5,10 and 25, future wildlife habitat potential, water quality and hydrologic conditions. Compare this to the future conditions if no mitigation actions are undertaken.

f. Specifications of the mitigation design and installation including construction techniques, equipment, timing, sequencing, and best management practices to reduce temporary impacts.

g. A plant schedule including number, spacing, species, size and type, source of plant material, watering schedule and measures to protect plants from destruction;

h. Monitoring methods and schedule for a minimum of five years.

i. A maintenance schedule to include ongoing maintenance and responsibility for removal of non-native, invasive vegetation and debris after monitoring is complete;

j. A hydrologic report including any mitigative measures for alterations of the hydroperiod. The City may require additional pre- and post-development field studies and/or monitoring to establish water levels, hydroperiods, and water quality. Water quality shall be required for pollution generating surfaces using all known, available, and reasonable methods of prevention, control, and treatment.

k. When mitigation includes creation or restoration of critical areas, surface and subsurface hydrologic conditions including existing and proposed hydrologic regimes shall be provided. Describe the anticipated hydrogeomorphic class and illustrate how data for existing hydrologic conditions were utilized to form the estimates of future hydrologic conditions.

l. Existing topography must be ground-proofed at two foot contour intervals in the zone of any proposed creation or rehabilitation actions. Provide cross-sections of existing wetland and/or streams that are proposed to be impacted and cross-section(s) (estimated one-foot intervals) for the proposed areas of creation and/or rehabilitation.

m. A bond estimate for the compensatory mitigation using a bond quantity sheet provided by the City, or a minimum of three bond estimates.

n. An evaluation of potential adverse impacts on adjacent property owners resulting from the proposed mitigation and measures to address such impacts.

5. When the critical area is limited to a Geologically Hazardous Area, the purpose of the information submitted is to obtain a level of study sufficient to protect the public from hazards. The information and proposed mitigation will demonstrate that there is no significant risk to the public health and safety and that any risk that cannot be effectively mitigated is avoided.

6. Programmatic development permit. In addition to the requirements above an application shall also include a Management Plan for the area using an approved template format or equivalent. The following information shall be included in the document;

a. Explanation of the voluntary restoration and enhancement components including phasing.

b. Identification of the qualified habitat steward who will be responsible for overseeing restoration and enhancement activities.

c. Explanation of training provided to individuals involved in activities to ensure an understanding of how to perform in accordance with the terms of the permit.

(Ord. 27294 § 2, 2004-11-16; Ord. 27300 § 1, 2004-12-14; Ord. 27431 § 25, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27893 Ex. A, 2010-06-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22; Ord. 28335 Ex. A, 2015-12-01; Ord. 28336 Ex C, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.240 Legal test(s).

A. No practicable alternatives. An alternative is considered practicable if the site is available and the project is capable of being done after taking into consideration cost, existing technology, infrastructure, and logistics in light of overall project purposes. No practicable alternatives need be considered if the applicant can demonstrate all of the following:

1. The project cannot be reasonably accomplished using one or more other sites in the general region that would avoid or result in less adverse impacts to the Critical Area;

2. The goals of the project cannot be accomplished by a reduction in the size, scope, configuration or density as proposed, or by changing the design of the project in a way that would avoid or result in fewer adverse effects on the Critical Area; and

3. In cases where the applicant has rejected alternatives to the project as proposed, due to constraints on the site such as inadequate zoning, infrastructure or parcel size, the applicant has attempted to remove or accommodate such constraints, unless the applicant can demonstrate that such attempt would be futile.

B. Reasonable use. A Reasonable Use exists when the standards of this chapter deny all reasonable economic use of the property. To demonstrate Reasonable Use, the applicant must demonstrate all of the following:

1. There is no reasonable economic use or value with less impact on the Critical Area;

2. There are no feasible on-site alternatives to the proposed activity or use (e.g., reduction in density or use intensity, scope or size, change in timing, phasing or implementation, layout revision or other site planning considerations) that would allow reasonable economic use with less adverse impact;

3. The proposed activity or use will be mitigated to the maximum practical extent and result in minimum feasible alteration or impairment of functional characteristics of the site, including contours, vegetation, fish and wildlife habitat, groundwater, surface water and hydrological conditions;

4. The proposed activity or use complies with all local, state, and federal laws and will not jeopardize the continued existence of endangered, threatened, sensitive or priority habitat or species; and

5. The inability to derive reasonable economic use is not the result of any action, such as but not limited to, in segregating or dividing the property in a way that makes the property unable to be developed after the effective date of the ordinance codified in this chapter.

C. Public interest. In determining whether a proposed use or activity in any Critical Area is in the public interest, the public benefit of the proposal and the impact to the Critical Area must be evaluated by the Director. The proposal is in the public interest if its benefit to the public exceeds its detrimental impact on the Critical Area. In comparing the proposal’s public benefit and impact, the following should be considered:

1. The extent of the public need and benefit;

2. The extent and permanence of the beneficial or detrimental effects of the use or activity;

3. The quality and quantity of the Critical Area that may be affected;

4. The economic or other value of the use or activity to the general area and public;

5. The ecological value of the Critical Area;

6. Probable impact on public health and safety, fish, plants, and wildlife; and

7. The policies of the Comprehensive Plan.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 26, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01)

§ 13.11.250 General standards.

A. General permit standards. No regulated activity or use shall be permitted in or adjacent to a Critical Area or buffer, management area, or geo-setback without prior approval and without meeting the provisions of this section.

1. The applicant has taken appropriate action to first, avoid adverse impacts, then minimize impacts and finally, compensate or mitigate for unavoidable impacts;

2. The result of the proposed activity is no net loss of Critical Area functions;

3. The existence of plant or wildlife species appearing on the federal or state endangered, sensitive, or threatened species list will not be jeopardized;

4. The proposal will not lead to significant degradation of groundwater or surface water quality; and

5. The proposal complies with the remaining standards of this chapter, which include those pertaining to compensation and the provision of bonds.

6. The alteration is the minimum necessary to allow reasonable use.

B. Low-impact uses and activities consistent with the critical area buffer/management area/geo-setback may be permitted within a buffer/management area/geo-setback that has not been reduced depending upon the sensitivity of critical area and intensity of activity or use. These may include pedestrian trails, viewing platforms, utility easements and storm water management facilities such as grass-lined swales that are used to sustain existing hydrologic functions of the critical area.

C. Yard reduction. In order to accommodate for the required buffer zone/geo-setback, the Director may reduce the front and/or rear yard setback requirements on individual lots. The front and/or rear yard shall not be reduced by more than 50 percent. In determining whether or not to allow the yard reduction, the Director shall consider the impacts of the reduction on adjacent land uses.

D. As an incentive, the buffer area between a wetland or stream and regulated activity may be reduced or averaged, not less than ¾ of its standard regulated buffer width, depending upon the intensity of use and the wetland category or stream type, if the wetland or stream and its buffer area are dedicated to the public by deeding the property to the City, with City approval. The Director shall determine whether the dedication is of benefit to the City for protection of natural resources.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 27, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27813 Ex. E, 2009-06-30; Ord. 27893 Ex. A, 2010-06-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.260 Residential density credits.

A. For residential development proposals on lands containing fish and wildlife habitat conservation areas (FWHCAs), erosion hazard areas, landslide hazard areas or steep slopes, the density that would have been allowed in the critical area and buffer but for the provisions of this chapter is generally transferred to the remainder of the site not in the critical area or buffer. For residential development proposals on lands containing wetland or stream buffers, the density that would have been allowed in the buffer but for the provisions of this chapter is generally transferred to the remainder of the site not in the critical area or buffer. For wetlands and streams, density credits do not apply to the portion of the site occupied by the critical area. The allowable number of dwelling units shall be determined using the following formula, table, 125 percent maximum density rule and setback provisions.

B. The formula for determining the number of dwelling units allowed after the application of density credits is as follows:

Dwelling units allowed on site = (CA x DC + DA)/MLS, where:

CA = Critical acreage: The amount of land on the project site which is located in the critical area and required buffer and in which no regulated activity is allowed. For wetlands, streams, and FWHCAs the critical acreage only includes the amount of land which is located in the required buffer and in which no regulated activity is allowed.

DC = Density credit: The percentage of the density that would have been allowed in the critical area and/or required buffer but for the provisions of this chapter that is allowed to be transferred to the remainder of the site. The density credit is based on the percentage of the site in the critical area and/or buffer and is determined using the table in subsection C below.

DA = Developable acreage: The amount of land on the project site which is not located in the critical area or the required critical area buffer.

MLS = Minimum lot size: The minimum amount of land required for a dwelling unit in a specific zoning district.

C. Table of density credits.

Percentage of Site in Density Critical Area and/or Buffer Credit
1 − 10%	100%
11 − 20%	90%
21 − 30%	80%
31 − 40%	70%
41 − 50%	60%
51 − 60%	50%
61 − 70%	40%
71 − 80%	30%
81 − 90%	20%
91 − 99%	10%

D. The 125 percent maximum density rule provides that the maximum number of dwelling units cannot exceed 125 percent of the allowed number of dwelling units without a density credit on the developable acreage of the site.

E. The minimum lot size under this provision shall be 3,000 square feet, unless a smaller lot size is permitted in the district. Front and Rear setbacks may be reduced by 50 percent. The Small Lot standards of Section 13.06.020J shall apply.

F. The density credits can only be transferred within the same development proposal site.

(Ord. 27294 § 2, 2004-11-16; Ord. 27300 § 2, 2004-12-14; Ord. 27431 § 28, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28336 Ex. B, 2015-12-01)

§ 13.11.270 General mitigation requirements.

A. Unless otherwise provided in this Title, if alteration to a Critical Area, or its buffer/management area/geo-setback is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated using the best available science, so as to result in no net loss of critical area functions and values and to ensure public health and safety. In making a determination as to whether such a requirement will be imposed, and if so, the degree to which it would be required, the Director may consider the following:

1. The long-term and short-term effects of the action and the reversible or irreversible nature of the impairment to or loss of the Critical Area;

2. The location, size, and type of and benefit provided by the original and altered Critical Area;

3. The effect the proposed work may have upon any remaining critical area or associated aquatic system;

4. The cost and likely success of the compensation measures in relation to the magnitude of the proposed project or violation;

5. The observed or predicted trend with regard to the gains or losses of the specific type of critical area; and

6. The extent to which the applicant has demonstrated a good faith effort to incorporate measures to minimize and avoid impacts within the project.

B. Mitigation projects shall not result in adverse impacts to adjacent property owners.

C. Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area.

D. The Director may determine that higher mitigation ratios or mitigation performance standards may be required when the likely success of mitigation is low due to site conditions, difficulty of the type of mitigation, or sensitivity of the critical area.

E. Mitigation shall not be implemented until after permit approval of the Director and shall be in accordance with all reports and representations made therein.

F. Mitigation sequencing. When an alteration to a critical area or its buffer/management area/geo-setback is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference.

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

2. Minimizing 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. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing or eliminating the impact over time by preservation and maintenance operations.

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.

6. Monitoring the required mitigation and taking remedial action where necessary.

G. Mitigation for lost or affected functions. Compensatory mitigation shall address the functions affected by the proposed project or alteration to achieve functional equivalency or improvement and shall provide similar critical area or buffer/management area/geo-setback functions as those lost, except when:

1. The lost critical area or buffer/management area/geo-setback provides minimal functions as determined by a site-specific functional assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or

2. Out of kind replacement of critical area type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished critical areas.

H. Type and location of mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternative approach, compensatory mitigation for ecological functions shall be either in-kind and on-site, or in-kind and within the same stream reach, subbasin, or drift cell (if estuarine wetlands are impacted). Mitigation action shall be conducted within the same sub-drainage basin and on the site of the alteration except when all of the following apply:

1. There are no reasonable on-site or in subdrainage basin opportunities (e.g. on-site options would require elimination of high functioning upland habitat), or on-site and in subdrainage basin opportunities do not have a high likelihood of success based on a determination of the natural capacity of the site to compensate for impacts. Considerations should include: anticipated critical area mitigation ratios, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands, or streams when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity);

2. Off-site mitigation has a greater likelihood of providing equal or improved critical area functions than the impacted critical area; and

3. Off-site locations shall be in the same sub-drainage basin unless established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site.

I. Wetland mitigation banks.

1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:

a. The bank is certified under state rules;

b. The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

c. The proposed use of credits shall be consistent with terms and conditions of the bank’s certification.

2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification.

3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions.

J. In-lieu fee. To aid in the implementation of off-site mitigation, the City may develop a program which prioritizes wetland areas for use as mitigation and/or allows payment in lieu of providing mitigation on a development site. This program shall be developed and approved through a public process and be consistent with state and federal rules. The program should address:

1. The identification of sites within the City that are suitable for use as off-site mitigation. Site suitability shall take into account wetland functions, potential for wetland degradation, and potential for urban growth and service expansion, and

2. The use of fees for mitigation on available sites that have been identified as suitable and prioritized.

K. Timing of compensatory mitigation. It is preferred that compensation projects will be completed prior to activities that will disturb the on-site critical area. If not completed prior to disturbance, compensatory mitigation shall be completed immediately following the disturbance and prior to the issuance of final certificate of occupancy. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

The Director may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified professional as to the rationale for the delay (i.e. seasonal planting requirements, fisheries window).

L. Critical area enhancement as mitigation. Impacts to critical area functions may be mitigated by enhancement of existing significantly degraded critical areas, but should be used in conjunction with restoration and/or creation where possible. Applicants proposing to enhance critical areas or their buffers must include in a report how the enhancement will increase the functions of the degraded critical area or buffer and how this increase will adequately mitigate for the loss of critical area and function at the impact site. An enhancement proposal must also show whether any existing critical area functions will be reduced by the enhancement action.

M. Innovative mitigation. The Director may approve innovative mitigation projects that are based on best available science including but not limited to activities such as advance mitigation and preferred environmental alternatives. Innovative mitigation proposals must offer an equivalent or better level of protection of critical area functions and values than would be provided by the strict application of this chapter. Such mitigation proposals must demonstrate special consideration for conservation and protection measures for anadromous fisheries. The Director shall consider the following for approval of an innovative mitigation proposal:

1. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas;

2. The applicant demonstrates that long-term protection and management of the habitat area will be provided;

3. There is clear potential for success of the proposed mitigation at the proposed mitigation site;

4. Mitigation according to TMC § 13.11.270E is not feasible due to site constraints such as parcel size, stream type, wetland category, or excessive costs;

5. A wetland of a different type is justified based on regional needs or functions and values;

6. The replacement ratios are not reduced or eliminated; unless the reduction results in a preferred environmental alternative; and

7. Public entity cooperative preservation agreements such as conservation easements are applied.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 35, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.280 Conditions, notice on title, and appeals.

A. The Director shall have the authority, in accordance with Chapter 13.05, to attach such conditions to the granting of any permit under this chapter deemed necessary to mitigate adverse impacts and carry out the provisions of this chapter. In addition, such conditions may include, but are not limited to, the following:

1. Placement of notice on title on the subject parcels. In addition to provisions of Chapter 13.05, the owner of any property upon which approval under Title 13, Tacoma Municipal Code, or Chapter 2.02, Building Code, of the TMC, is sought with a critical area or critical area buffer/management area/geo-setback verified on site through a Critical Area or building permit, shall record with the Pierce County Auditor a notice of presence of the critical area and buffer/management area/geo-setback with the exception of protected information. Such recording shall contain notice of the critical area and buffer/management area/geo-setback and the applicability of this chapter to said property. Such notification shall be in a form as specified by Planning and Development Services. The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. The notice shall run with the land and failure to record such notice shall be in violation of this chapter.

2. Limitations on minimum lot size;

3. Provisions for additional vegetative buffer zones depending on the intensity of the use or activity;

4. Requirements that structures be elevated on piles, limited in size or located with additional setback requirements;

5. Dedication of utility easements;

6. Modification of waste disposal or water supply facilities;

7. Imposition of easement agreements or deed restrictions concerning future use including conservation easements within fish and wildlife habitat conservation area (FWHCA), wetland, stream, geologically hazardous areas, flood hazard areas, or other natural area tracts and subdivision of lands;

8. Limitation of vegetation removal;

9. Setting minimum open space requirements;

10. Erosion control and storm water management measures, including restrictions on fill and other activities in the Critical Area or buffer;

11. Development of a plan involving the creation or enhancement of a Critical Area or restoration of a damaged or degraded Critical Area to compensate for adverse impacts;

12. Permanent Signs may be required on each lot or FWHCA, wetland, stream or natural area tract, and shall be prepared in accordance with the approved City of Tacoma template for signs. Additional custom signs may be required for areas with sensitive species that require specific protection measures;

13. Fencing is required when the Director determines that a fence will prevent future impacts to a protected critical area or other natural habitat area. Fencing installed as part of a proposed activity shall not interfere with species migration, including fish runs, nor shall it impede emergency egress; and

14. Subdivisions. The subdivision and short subdivision of land in Critical Areas and associated buffers/management area/geo-setbacks are subject to the following and Section 13.04.310:

a. Land that is located partially within a Critical Area or its buffer/geo-setback may be subdivided provided that an accessible and contiguous portion of each new lot is located outside the Critical Area and its buffer/geo-setback.

b. Access roads and utilities serving the proposed subdivision may be permitted within the Critical Area and associated buffers/geo-setbacks only if the Director determines that no other feasible alternative exists and the project is consistent with the remaining provisions of this chapter.

c. A protection covenant such as a Conservation Easement shall be recorded with the Pierce County Assessor’s Office for critical areas or natural area tracts that are created as part of the permitting process.

B. Compensatory mitigation as a condition. As a condition of a permit or as an enforcement action under this chapter, the City shall require, where not in conflict with a reasonable economic use of the property, that the applicant provide compensatory mitigation to offset, in whole or part, the loss resulting from an applicant’s or violator’s action or proposal.

C. Appeals. An appeal of a decision regarding a critical area, except for staff decisions regarding exemptions which are not subject to an administrative appeal, may be made in accordance with the provisions of Chapter 13.05 and Chapter 1.23 of the Tacoma Municipal Code.

(Ord. 27294 § 2, 2004-11-16; Ord. 27300 § 2, 2004-12-14; Ord. 27431 § 28, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27912 Ex. A, 2010-08-10; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.290 Sureties.

The City will accept performance and monitoring and maintenance sureties in the form of bonds or other sureties in a form accepted in writing by the City. Sureties shall be posted prior to issuance of any development permits including, but not limited to, clearing and grading permits and building permits.

A. Performance surety. Except for public agencies, applicants receiving a permit involving compensation for mitigation are required to post a cash performance bond or other acceptable security to guarantee compliance with this chapter prior to beginning any site work. The value of the surety shall be based on the average of three contract bids that establish all costs of compensation including costs relative to performance, monitoring, maintenance, and provisions for contingency plans. The amount of the surety shall be set at 150 percent of the average expected cost of the compensation project and include all review fees. The surety shall guarantee that work and materials used in construction are free from defects. All sureties shall be approved by the City Attorney. Without written release, the surety cannot be terminated or cancelled. The Director shall release the surety after documented proof that all plantings, structures and improvements have been shown to meet the requirements of this chapter.

B. Monitoring and maintenance surety. Except for public agencies, an applicant receiving a permit involving compensatory mitigation shall be required to post a cash maintenance bond or other acceptable security prior to beginning any site work guaranteeing that structures and improvements required by this chapter will perform satisfactorily for a minimum of five years after they have been constructed and approved. The value of the surety shall be based on the average or median of three contract bids that establish all costs of compensation, including costs relative to performance, monitoring, maintenance, and provision for contingency plans. The amount of the surety shall be set at 150 percent of the average expected cost of the compensation project and include all review fees. All sureties shall be on a form approved by the City Attorney. Without written release, the surety cannot be cancelled or terminated. The Director shall release the surety following a determination that the performance standards established for measuring the effectiveness and success of the project have been met.

(Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04)

§ 13.11.300 Wetlands.

The 300 section contains the regulations for wetlands, including the following:

§ 13.11.310	Wetland Classification.
§ 13.11.320	Wetland Buffers.
§ 13.11.330	Wetland Buffer Modifications.
§ 13.11.340	Wetland Standards.
§ 13.11.350	Wetland Mitigation Requirements.
§ 13.11.360	Repealed.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 29, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01)

§ 13.11.310 Wetland classification.

A. Wetlands shall be classified Category I, II, III, and IV, in accordance with the criteria from the 2014 Washington State Wetlands Rating System for Western Washington, Washington Department of Ecology Publication No. 14-06-029, published October 2014.

1. Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or 4) provide a high level of functions.

Category I wetlands include the following types of wetlands: Estuarine wetlands, Natural Heritage wetlands, Bogs, Mature and Old-growth Forested wetlands; wetlands in Coastal Lagoons; wetlands that perform many functions very well and that score between 23-27 or more points in the 2014 Washington Wetlands Rating System for Western Washington.

2. Category II wetlands are those that are difficult 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 the following types of wetlands: Estuarine wetlands, Interdunal wetlands, and wetlands that perform functions well and score between 20-22 points.

3. Category III wetlands are those that perform functions moderately well and score between 16-19 points, and interdunal wetlands between 0.1 and 1 acre in size. These wetlands have generally been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II.

4. Category IV wetlands are those that have the lowest levels of functions (between 9-15 points) and are often heavily disturbed. These are wetlands that may be replaced, and in some cases may be improved.

5. In addition, wetlands that require special protection and are not included in the general rating system shall be rated according to the guidelines for the specific characteristic being evaluated. The special characteristics that should be taken into consideration are as follows:

a. The wetland has been documented as a habitat for any Federally listed Threatened or Endangered plant or animal species. In this case, “documented” means the wetland is on the appropriate state or federal database.

b. The wetland has been documented as a habitat for State listed Threatened or Endangered plant or animal species. In this case “documented” means the wetland is on the appropriate state database.

c. The wetland contains individuals of Priority Species listed by the WDFW for the State.

d. The wetland has been identified as a Wetlands of Local Significance.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 30, 2005-11-15; Ord. 28335 Ex. A, 2015-12-01)

§ 13.11.320 Wetland buffers.

A. General. A buffer area shall be provided for all uses and activities adjacent to a wetland area to protect the integrity, function, and value of the wetland. Buffers adjacent to wetlands are important because they help to stabilize soils, prevent erosion, act as filters for pollutants, enhance wildlife diversity, and support and protect plants and wildlife. A permit may be granted if it has been demonstrated that no adverse impact to a wetland will occur and a minimum buffer width will be provided in accordance with this section. The buffer shall be measured horizontally from the delineated edge of the wetland. The buffer shall be vegetated with the exception of areas that include development interruptions as described within this chapter.

B. Minimum requirement.

1. Wetlands. Wetland buffer widths shall be established according to the following tables which are based on wetland classification, habitat function, land use intensity, and local significance:

Table 1. Examples to minimize disturbance*
Disturbance element	Minimum measures to minimize impacts	Activities that may cause the disturbance
Lights	Direct lights away from wetland	Parking Lots, Warehouses, Manufacturing, High Density Residential
Noise	Place activity that generates noise away from the wetland	Manufacturing, High Density Residential
Toxic runoff	Route all new untreated runoff away from wetland, Covenants limiting use of pesticides within 150 feet of wetland	Parking Lots, Roads, Manufacturing, residential Areas, Application of Agricultural Pesticides, Landscaping
Change in water regime	Infiltrate or treat, detain and disperse into buffer new runoff from surface	Any impermeable surface, lawns, tilling
Pets and Human disturbance	Fence around buffer, Plant buffer with “impenetrable” natural vegetation appropriate for region	Residential areas
Dust	Best Management Practices for dust	Tilled fields
*Washington State Department of Ecology and Washington State Department of Fish and Wildlife’s Wetlands in Washington State; Volume 2: Guidance for Protecting and Managing Wetlands, Buffer Alternative 3

Table 2.
Level of Function	Habitat Score in Rating System
High (H)	8-9
Medium (M)	5-7
Low (L)	3-4

Table 3. Buffer width for all wetlands*
Wetland Category	Buffer Width (feet)
Category I	H and M - 200 L - 175
Category II	H and M - 150 L - 100
Category III	H,M,L - 75
Category IV	H,M,L - 50

*Best Available Science Review, City of Tacoma, Critical Areas Preservation Ordinance, Tacoma, Washington, June 15, 2004, prepared by GeoEngineers and modified by CAPO Focus Group, 2012.

Table 4. Wetlands of local significance*
Site	Buffers (feet)
Snake Lake	300
China Lake	300
Delong Park	300
Wapato Lake	300
McKinley Park	300
Puget Creek Park**	300

*Best Available Science Review Recommendation from City of Tacoma Critical Areas Task Force June 2004 and modified by CAPO Focus Group 2012.

** Inclusion recommended by CAPO Focus Group, 2012.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 31, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28335 Ex. A, 2015-12-01)

§ 13.11.330 Wetland buffer modifications.

A. Buffer requirements. The standard buffer widths in Table 2 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. The use of the standard buffer widths requires the implementation of the measures in Table 1, where applicable, to minimize the impacts of the adjacent land uses. The applicant shall demonstrate mitigation sequencing when using buffer averaging or buffer reduction.

B. Buffer increases. Buffer widths shall be increased on a case by case basis as determined by the 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 are greater than 30 percent.

4. The adjacent land contains an identified connective corridor that should not be bisected.

C. 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 use of the parcel. Averaging may not be used in conjunction with the provisions for buffer reductions.

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, and

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 expert; and

c. The buffer is increased adjacent to the high-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion; and

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

e. The buffer at its narrowest point is never less than ¾ of the required width.

2. Averaging to allow a reasonable use of a legal lot of record may be permitted when all of the following are met:

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

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 expert;

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

d. The buffer at its narrowest point is never less than ¾ of the required width.

D. Buffer reduction. Buffer widths can be reduced according to the following criteria:

1. The buffer for Category I and Category II wetlands that score moderate (5-7 points) or high for habitat (8-9 points) points or more may be reduced to the low habitat buffer; or up to no less than 60 feet for Category III wetlands or 40 feet for Category IV wetlands, if the following criteria are met;

a. A relatively undisturbed vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat via some type of legal protection such as a conservation easement, or

b. The remaining buffer area on site shall be enhanced and/or restored by removing invasive species that do not perform needed functions and replanting with an appropriate plant community.

E. Buffer Averaging or Buffer Reduction beyond the minimum standards indicated above may be allowed to allow a reasonable use of a legal lot of record when all of the following criteria are met:

1. There are no feasible alternatives to the site design that could be accomplished with the standard buffer averaging or buffer reduction provision above; and

2. The averaged or reduced buffer will not result in degradation of the wetland’s functions and values as demonstrated by a report from a qualified wetland expert, and

3. The remaining buffer area on site shall be enhanced and/or restored by removing invasive species that do not perform needed functions and replanting with an appropriate plant community, and

4. The project shall meet the requirements of one of the three legal tests; No Practicable Alternatives, Public Interest, or Reasonable Use.

(Ord. 27431 § 32, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28335 Ex. A, 2015-12-01)

§ 13.11.340 Wetland mitigation requirements.

A. The applicant shall avoid all impacts that degrade the functions and values of wetland and their buffers. Unless otherwise provided in this Title, if alteration to the wetland or its buffer is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated using the best available science, so as to result in no net loss of critical area functions and values.

B. All wetland mitigation will comply with applicable mitigation requirements specified in 13.11.270, including, but not be limited to, mitigation plan requirements, monitoring and bonding.

C. Preference of mitigation actions. Methods to achieve compensation for wetland functions shall be approached in the following order of preference:

1. Restoration (re-establishment and rehabilitation) of wetlands on upland sites that were formerly wetlands.

2. Creation (Establishment) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native introduced species. This should only be attempted when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed.

3. Enhancement of significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area and meeting appropriate ratio requirements.

D. Mitigation ratios.

1. The ratios contained within Table 5 shall apply to all Creation, Re-establishment, Rehabilitation, and Enhancement compensatory mitigation.

2. Increased replacement ratios. The Director may increase the ratios 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 function relative to the wetland being impacted; or

d. The impact was an unauthorized impact.

Table 5. Mitigation ratios for projects in Western Washington that do not alter the hydro-geomorphic setting of the site***
Category and Type of Wetland	Re-establishment or Creation	Rehabilitation	1:1 Re-establishment or Creation (R/C) and Enhancement (E)	Enhancement only
All Category IV	1.5:1	3:1	1:1 R/C and 2:1 E	6:1
All Category III	2:1	4:1	1:1 R/C and 2:1 E	8:1
Category II Estuarine	Case-by-case	4:1 rehabilitation of an estuarine wetland	Case-by-case	Case-by-case
Category II Interdunal	2:1 Compensation has to be interdunal wetland	4:1 compensation has to be interdunal	1:1 R/C and 2:1 E	8:1
All other Category II	3:1	8:1	1:1 R/C and 4:1 E	12:1
Category I Forested	6:1	12:1	1:1 R/C and 10:1 E	24:1
Category I based on score for functions	4:1	8:1	1:1 R/C and 6:1 E	16:1
Category I Natural Heritage site	Not considered possible	6:1	Case-by-case	Case-by-case
Category I Coastal lagoon	Not considered possible	6:1	Case-by-case	Case-by-case
Category I Bog	Not considered possible	6:1	Case-by-case	Case-by-case
Category I Estuarine	Case-by-case	6:1	Case-by-case	Case-by-case

*Natural heritage site, coastal lagoons, and bogs are considered irreplaceable wetlands, and therefore no amount of compensation would replace these ecosystems. Avoidance is the best option. In the rare cases when impacts cannot be avoided, replacement ratios will be assigned on a case-by-case basis. However, these ratios will be significantly higher than the other ratios for Category I wetland.

**Rehabilitation ratios area based on the assumption that actions judged to be most effective for that site are being implemented.

**Rehabilitation ratios area based on the assumption that actions judged to be most effective for that site are being implemented.

***Washington State Department of Ecology and Washington State Department of Fish and Wildlife’s Wetlands in Washington State; Volume 2: Guidance for Protecting and Managing Wetlands, Buffer Alternative 3

E. Compensatory mitigation plan requirements. When a project involves wetland or buffer impacts, a compensatory mitigation report shall be required, meeting the following minimum standards:

1. Preparation by qualified Wetland Specialist. A compensatory mitigation report for wetland or buffer impacts shall be prepared by a qualified Wetland Specialist as specified in 13.01.110.W.

2. A Wetland Delineation Report must accompany or be included in the compensatory mitigation report.

(Ord. 27431 § 33, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08 (see also § 13.11.250); Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22)

§ 13.11.350 (Repealed)

(Wetland Mitigation Requirements. Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 34, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; repealed and relocated to § 13.11.340 by Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.360 (Repealed)

(Bonds. Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 35, 2005-11-15; repealed by Ord. 27728 Ex. A, 2008-07-01)

§ 13.11.400 Streams and riparian habitats.

The 400 section contains the regulations for streams, including the following:

§ 13.11.410	Stream Classification.
§ 13.11.420	Stream Buffers.
§ 13.11.430	Stream Buffer Modification.
§ 13.11.440	Stream Standards.
§ 13.11.450	Stream Mitigation Requirements.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 36, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.410 Stream classification.

A. Streams shall be generally classified in accordance with the Washington State Water Typing System set forth in WAC 222-16-030 to describe Type “S,” “F,” “Np” and “Ns” streams. Additional criteria typing for “F1”, and “F2” and “Ns1” and “Ns2” streams are included within this section.

General descriptions of the water typing system are as follows:

1. Type “S” Water means all streams or rivers, within their bankfull width, inventoried as “shorelines of the state” or “shorelines of statewide significance” under the Tacoma Shoreline Management Program (TMC Title 19) or chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW, including periodically inundated areas of their associated wetlands.

2. 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 0.5 acre or greater at seasonal low water and which in any case contain fish habitat or as further described within WAC 222-16-030. Type “F1” Water means segments of natural waters containing salmonid fishes. Type “F2” Water means segments of natural water containing fish that are not salmonids.

3. Type “Np” Water means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall or as further described within WAC 222-16-030.

4. Type “Ns” Water means all segments of natural waters within the bankfull widths of the defined channels that are not Type S, F, or Np Water. These are seasonal, nonfish 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. “Ns1” Waters must be physically connected by an above ground channel system to Type, F, or Np Waters. “Ns2” Waters may not be physically connected by an above ground channel system to Type, F, or Np Waters.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 37, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.420 Stream buffers.

A. General. A buffer area shall be provided for all uses and activities adjacent to a stream to protect the integrity and function of the stream. Buffers adjacent to streams are important because they help to stabilize soils, prevent erosion, act as filters for pollutants, enhance wildlife diversity, and support and protect plants and wildlife. The buffer shall be measured horizontally from the edge of the ordinary high water mark.

B. Minimum requirement.

1. Streams. Stream buffer widths shall be established according to the following table which is based on stream classification:

Table 6. Stream Types
Stream Type	Buffer (feet)
Type S or Streams of local significance	150
Type F1 (Salmonids)	150
Type F2 (Non-Salmonids)	100
Type Np (No fish)	100
Type Ns1 (Connected to S, F, or Np)	75
Type Ns2 (Not connected to S, F, or Np)	25
Streams of local significance
Name	Buffer (feet)
Puyallup River	150
Hylebos Creek	150
Puget Creek	150
Wapato Creek	150
Swan Creek	150

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 38, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.430 Stream buffer modification.

A. Stream buffer increase. The required buffer widths shall be increased as follows;

1. When the Director determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area;

2. When the frequently flooded area exceeds the recommended buffer width, the buffer area may extend to the outer edge of the frequently flooded area, where appropriate;

3. When a channel migration zone is present, the stream buffer area width shall be measured from the outer edge of the channel migration zone;

4. When the habitat area is in an area of high blowdown potential, the stream buffer area width shall be expanded an additional fifty feet on the windward side; or

5. When the habitat area is within an erosion or landslide area, or buffer, the buffer area width shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater.

B. Stream buffer averaging and reduction. The Director may allow the recommended stream buffer width to be averaged or reduced in accordance with a stream habitat analysis report only if:

1. The stream buffer areas that are reduced through buffer averaging will not reduce stream or habitat functions, including those of nonfish habitat;

2. The stream buffer areas that are reduced will not degrade the habitat, including habitat for anadromous fish;

3. The total area contained in the stream buffer of each stream on the development proposal site is not decreased;

4. The recommended stream buffer width is not reduced by more than twenty-five (25%) percent in any one location;

5. The stream buffer areas that are reduced will not be located within another critical area or associated buffer; and

6. The stream buffer areas that are reduced and required mitigation are supported by best available science.

7. When averaging the stream buffer, the proposal will provide additional habitat protection by including more highly functioning areas and reducing the buffer only in the low functioning areas.

8. When reducing the stream buffer, with an existing buffer that is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the remaining buffer shall be planted to create the appropriate plant community.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 39, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04)

§ 13.11.440 Stream standards.

A. Type F1, F2, Np, and Ns1, and Ns2 streams may be relocated or placed in culverts provided it can be demonstrated that:

1. There is no other feasible alternative route with less impact on the environment;

2. Existing location of the stream would prevent a reasonable economic use of the property;

3. No significant habitat area will be destroyed;

4. The crossing minimizes interruption of downstream movement of wood and gravel;

5. The new channel or culvert is designed and installed to allow passage of fish inhabiting or using the stream and complies with WDFW requirements;

6. The channel or culvert also complies with the City of Tacoma current Stormwater Management Manual.

7. The applicant will, at all times, keep the channel or culvert free of debris and sediment to allow free passage of water and fish;

8. Roads in riparian habitat areas or buffers shall not run parallel to the water body;

9. Crossing, where necessary, shall only occur as near to perpendicular with the water body as possible;

10. Road bridges are designed according to 2013 Washington Department of Fish and Wildlife Water Crossing Design Guidelines, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossing, 2000.

(Ord. 27431 § 40, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28335 Ex. A, 2015-12-01; Ord. 28336 Ex. C, 2015-12-01)

§ 13.11.450 Stream mitigation requirements.

A. All proposed alterations in the buffer of a stream shall be in accordance with the standards for the applicable wetland category, where riparian wetland exists.

B. In the event stream corridor alterations or relocations, as specified above, are allowed, the applicant shall submit an alteration or relocation plan prepared in association with a qualified professional with expertise in this area. In addition to the general mitigation plan standards, the plan shall address the following information:

1. Creation of natural meander patterns and gentle side slope formations;

2. Creation of narrow sub channel, where feasible, against the south or west bank;

3. Provisions for the use of native vegetation;

4. Creation, restoration or enhancement of fish spawning and nesting areas;

5. The proposed reuse of the prior stream channel;

6. Provision of a qualified consultant, approved by the City, to supervise work to completion and to provide a written report to the Director stating the new channel complies with the provisions of this chapter; and

7. When streambank stabilization is necessary, bioengineering or soft armoring techniques are required, where possible.

The Washington Department of Fish and Wildlife has authority over all projects in State Waters which impact fish. Construction in State Waters is governed by Chapter 75.20 RCW, Construction Projects in State Waters.

(Ord. 27431 § 41, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04)

§ 13.11.500 Fish and Wildlife Habitat Conservation Areas (FWHCAs).

The 500 section contains the regulations for fish and wildlife habitat conservation areas (FWHCAs), including the following:

§ 13.11.510	Classification.
§ 13.11.520	Standards.
§ 13.11.530	Repealed.
§ 13.11.540	Repealed.
§ 13.11.550	FWHCA Modification.
§ 13.11.560	FWHCA Biodiversity Area and Corridor Mitigation.
§ 13.11.580	Repealed.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 42, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28230 Ex. F, 2014-07-22; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.510 Classification.

A. Fish and Wildlife Habitat Conservation Areas are areas identified as being of critical importance to the maintenance of fish and wildlife species. All Fish and Wildlife Habitat Conservation Areas (FWHCAs) are hereby designated as Critical Areas subject to the provisions of this Chapter, except for Shorelines of the State that are managed under the City’s Shoreline Master Program. FWHCAs may also include other Critical Areas such as Geologically Hazardous Areas, Stream Corridors, Wetlands, and these Critical Areas’ associative buffers.

B. The City seeks to identify and map the location of FWHCAs taking into account Washington Department of Fish and Wildlife (WDFW) mapping and other sources of information. However, City maps are not complete and other areas meeting the definition will be included.

Fish and Wildlife Habitat Conservation Areas (FWHCAs) include:

1. Lands and waters containing State Priority Habitats and Species. Priority habitat and species are classified by WDFW.

a. As of the date of this ordinance, the following State terrestrial Priority Habitat, and Species, and Features are known to be located in the City of Tacoma:

(1) Great blue herons;

(2) Mountain quails;

(3) Pigeon guillemots;

(4) Purple martins;

(5) Seabird colonies;

(6) Waterfowl concentrations;

(7) Wood ducks;

(8) Pacific (Western) pond turtle;

(9) Marbled Murrelet;

(10) Western grebes;

(11) Orcas (Killer whale);

(12) Seals and sea lions;

(13) Anadromous fish (including Bull Trout);

(14) Reticulate sculpins;

(15) Wetlands.

(16) Streams and riparian areas.

(17) Oregon White Oak Woodlands.

(18) Old-Growth/Mature Forest.

(19) Biodiversity Areas and Corridors.

(20) Cliffs.

(21) Snags and Logs.

b. In classifying an area as a Biodiversity Area or Corridor, the city will assess the functions and values of the existing habitat in the context of adjacent properties and the collective ecosystem services. An area which is already developed with legally established, pre-existing uses which serve to eliminate or greatly reduce the propensity of wildlife to use the area as habitat or a corridor will not be classified as a Biodiversity Area or Corridor. The following will be considered:

(1) The presence of rare or uncommon plant species and associations designated by the City or identified by federal and state agencies such as the Department of Natural Resources Heritage Program.

(2) The presence of a vertically diverse assemblage of native vegetation containing multiply canopy layers and/or areas that are horizontally diverse with a mosaic of habitats and microhabitats.

(3) The Biodiversity Area/Corridor shall be a minimum size of two acres.

(4) The needs and requirements of species known or likely to occur must be considered as well as the ability of the habitat to provide wildlife access or movement.

(5) The following developments or uses may be considered as an elimination or significant reduction in the ability of an area to serve as a corridor for wildlife use. The permanence and extent of the use or development shall be considered.

(a) Multilane paved road(s) and their maintained rights-of-way.

(b) Permanent wildlife-impassible fence(s) and other permanent barriers that prevent wildlife movement.

(c) Areas where legally established structures and impervious surfaces are present for more than 65% of the area.

(6) The following are examples of uses that may not reduce or eliminate the use of the area by wildlife or as a corridor.

(a) Gravel road(s) and driveways.

(b) Trails used for passive recreation.

(c) Wildlife-passible fence(s)

(d) Unmaintained rights-of-way.

2. Natural ponds under 20 acres and their submerged aquatic beds that provide critical fish or wildlife habitat.

3. 

Waters of the State, which are defined in WAC Title 222, Forest Practices Rules and Regulations. Waters of the State must be classified using the system in WAC 222-16-030. In classifying waters of the state as FWHCAs the following may be considered:

(a) Species present which are endangered, threatened, sensitive, or priority;

(b) Species present which are sensitive to habitat manipulation;

(c) Historic presence of priority species;

(d) Existing surrounding land uses that are incompatible with salmonid habitat;

(e) Presence and size of riparian ecosystem;

(f) Existing water rights; and

(g) The intermittent nature of some of the higher classes of Waters of the State.

4. Lakes, ponds, streams and rivers planted with game fish, including those planted under the auspices of a federal, state, local, or tribal program and waters which support priority fish species as identified by the Washington Department of Fish and Wildlife.

5. Areas with which State or Federally designated endangered, threatened, and sensitive species have a primary association.

6. 

Habitats and species of local importance that have been identified as sensitive to habitat manipulation. Areas identified must represent either high-quality native habitat or habitat that has a high potential to recover and is of limited availability, highly vulnerable to alteration, or provides landscape connectivity that contributes to the integrity of the surrounding landscape. In designating habitat and species of local importance, the following characteristics will be considered:

(a) Local population of native species that are in danger of extirpation or vulnerable and in decline.

(b) The species or habitat has recreation, tribal, or other special value.

(c) Long-term persistence of the species is dependent on protection, maintenance, or restoration of nominated habitat.

(d) Protection by other county, state, or federal policies and laws is not adequate to prevent degradation of the species or habitat.

(e) Without protection, there is a likelihood that the species or habitat will be diminished over the long term.

7. Area critical for habitat connectivity, including Open Space Corridors designated in the City’s comprehensive plan.

8. State natural area preserves and natural resource conservation areas.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 43, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28070 Ex. B, 2012-05-08; Ord. 28230 Ex. F, 2014-07-22; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.520 Standards.

A. General standards.

1. No development shall be allowed within a Fish and Wildlife Habitat Conservation Area with which state or federally endangered, threatened or sensitive species have a primary association without approval from the City of Tacoma and/or WDFW.

2. Preservation of FWHCAs are necessary to improve the likelihood that species will survive and or reproduce. Alteration of FWHCAs may reduce this likelihood. Activities allowed in FWHCAs shall be consistent with the species located there and all applicable state and federal regulations regarding that species. In determining allowable activities for FWHCAs that are known or that become known, the provisions of the Washington State Hydraulic Code, WDFW’s Management Recommendations for Washington Priority Habitats and Species, best available science, and recommendations by other state or federal agencies with expertise for the species or habitat shall be reviewed. Development in these areas shall be in accordance with the requirements of the underlying zone and any overlapping critical area classification.

3. In accordance with TMC § 13.11.160B., where a designated FWHCA geographically coincides with another critical area, all appropriate critical area standards and associated buffer/management area/geo-setback requirements shall apply as described within this Chapter.

B. FWHCA management areas standards.

1. FWHCA management areas are used to protect and manage activities in or adjacent to areas with a specific priority species. The location and dimensions of FWHCA Management Areas are dependent on the species and habitat and as defined by specific management recommendations established by the Washington Department of Fish and Wildlife and/or other state/federal agencies. While the standards for protection are species specific and established by other agencies, the FWHCA Management Areas remain subject to all applicable standards of this chapter.

If a proposal meets the standards of this chapter and demonstrates that they are meeting the management recommendations for the priority species and their management area, then a separate Critical Area permit may not be necessary (See TMC § 13.11.190D).

2. Typical standards may include seasonal restrictions for activities and required buffer widths from nesting sites. A Habitat Management Plan approved by WDFW may be required.

C. Biodiversity areas and corridors standards.

1. In managing Biodiversity Areas and Corridors, the intent is to maintain rare and uncommon plant species and associations and large patches of native vegetation that provide habitat and connecting corridors for animal movement as well as general ecological services. Preservation of Biodiversity Areas and Corridors is necessary to minimize the impacts of development to wildlife and conserve the City’s most diverse areas. The following standards apply:

a. Preserve existing native vegetation on the site to the maximum feasible extent, prioritizing the most valuable and sensitive environmental assets by developing the least impactful area.

b. Maintain biodiversity functions to prevent habitat degradation and fragmentation and preserve habitat for priority and common urban species, as supported by the Best Available Science.

c. The applicant shall avoid all actions that degrade the functions and values of a Biodiversity Area and Corridor. When impacts cannot be avoided, they should be minimized and mitigated by limiting overall vegetation clearance, maintaining corridors, protecting the most sensitive environmental features, and clustering development that does occur.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 44, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.530 (Repealed)

(FWHCA’s Shoreline − Marine Buffers. Ord. 27431 § 45, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; repealed by Ord. 28230 Ex. F, 2014-07-22)

§ 13.11.540 (Repealed)

(FWHCA’s Marine Buffer Modifications. Ord. 27728 Ex. A, 2008-07-01; repealed by Ord. 28230 Ex. F, 2014-07-22)

§ 13.11.550 FWHCA modification.

A. All proposed modification in a FWHCA shall be in accordance with the standards of this Chapter, except where allowed through 13.11.200 or 13.11.210.

B. Modification and mitigation will comply with applicable General Standards of TMC § 13.11.250 and mitigation requirements specified in 13.11.270, including, but not limited to, mitigation sequencing, mitigation plan requirements, monitoring and bonding.

C. Where a designated FWHCA geographically coincides with another Critical Area, modification and mitigation will comply with applicable requirements described within this chapter for each type of critical area and/or as recommended by state or federal agencies.

D. Habitat Management Plan.

If the critical area review process as described in this chapter (13.11.190) determines that the proposed project will adversely impact a FWHCA, a Habitat Management Plan shall be prepared as part of a development proposal, the following standards shall apply.

1. The Habitat Management Plan shall be prepared in coordination with the WDFW or federal agencies where appropriate and by a qualified professional. The professional must have an education and professional work experience relevant to the species and habitat being evaluated (See TMC § 13.01.110 Qualified Professional).

2. The Habitat Management Plan may be included as part of a larger critical areas report and shall include all applicable requirements as listed in TMC § 13.11.230 and, at a minimum, the following:

a. Analysis and discussion on the project’s effects on the FWHCA;

b. An assessment and discussion on special management recommendations which have been developed for species or habitat located on the site by any federal or state agency;

c. A discussion of mitigation sequencing and proposed mitigation measures which could avoid or minimize impacts;

d. Assessment and evaluation of the effectiveness of mitigation measures proposed; and

e. Assessment and evaluation of ongoing management practices which will protect the FWHCA after development of the project site, including proposed monitoring and maintenance programs.

f. For Biodiversity Areas and Corridors a detailed description of vegetation on and adjacent to the project area is required and may include a surveyed site plan with the specific location and species name of trees with a 12-inch or greater Diameter at Breast Height (DBH).

E. The following shall apply for proposed modifications within or affecting Biodiversity Areas and Corridors.

1. In determining which areas are least sensitive to development impacts, the following criteria shall apply:

a. A minimum of 65% of the Biodiversity Area and Corridor area shall be left in an undisturbed natural vegetated state. The undisturbed area set aside shall contain all other Priority Habitats, Priority Species, and Critical Areas and Buffers that may be present, per applicable standards.

(1) Legally created existing parcels 5,000 square feet in size or smaller must maintain an minimum of 40% of the Biodiversity Area and Corridor in an undisturbed natural vegetated state.

b. A contiguous Biodiversity Corridor with a width of 300-feet shall be retained connecting onsite and offsite Priority Habitats and Critical Areas including shorelines, as well as significant trees per the definition below. The minimum 300 feet shall be a contiguous area that enters and exits the property.

(1) Where a legally created existing parcel cannot accommodate the 300 foot width corridor due to parcel size or configuration, then the maximum feasible width shall be provided in conjunction with maintaining the designated minimum undisturbed gross site area for the size of parcel.

(2) Habitat corridor connections may be required to be wider when additional width is supported by the Best Available Science to support the function and values of species or habitat present.

c. Retain exceptional trees and rare or uncommon plant species or habitat types as identified by the City or by state or federal agencies. Conifers and Madrone are considered exceptional trees.

(1) Significant tree groves. Significant tree groves means a group of 8 or more trees 12-inches diameter or greater that form a continuous canopy. Trees that are less than 12-inch in diameter that are part of a grove’s continuous canopy are also considered to be exceptional and cannot be removed if their removal may damage the health of the grove. Street trees shall not be included in determining whether a group of trees is a grove.

(2) Retain exceptional trees. "Exceptional tree" means a tree or group of trees that because of its unique historical, ecological, or aesthetic value constitutes an important community resource, and is determined as such by the Director according to standards and procedures promulgated by the Department of Planning and Development.

d. Development must be clustered and located in the least sensitive areas and must use Low Impact Development practices where feasible.

2. Proposals that meet the minimum standards in 1 above may be reviewed under a Minor Development permit. See TMC § 13.11.220B.2. Other proposals will require review under a Development Permit and must also demonstrate the following:

a. The project cannot meet the minimum standards in 1 above due to site constraints such as parcel size or other physical conditions and the inability is not the result a self-created hardship.

3. In planning the development of the site, consideration shall also be given to ongoing and future management needs such as vegetation maintenance, generally favoring setting aside a large, connected, contiguous areas as feasible.

4. Buffer Averaging or reduction as described within section TMC § 13.11.250D., TMC § 13.11.330, and TMC § 13.11.430 for wetlands and streams can be utilized to average or reduce portions of buffers to accommodate development.

a. The standards for preservation of 65% of the gross site area and minimum 300 foot corridor width still apply.

5. Corridor width averaging. The width of the corridor may be averaged to allow for reasonable use of the property when the following are met:

a. The averaged corridor width will not result in degradation of the Biodiversity Corridor or its ability to facilitate wildlife movement;

b. The corridor width is increased adjacent to the high-functioning or more sensitive areas and decreased adjacent to lower-functioning or less sensitive portion;

c. The corridor at its narrowest point is never less than ¾ of the required width; and

d. The total area of the corridor is equal to the area required without averaging.

F. Innovative mitigation per TMC § 13.11.270M. When the project cannot meet the minimum standards of this section or the project proponent can demonstrate that a different method will achieve equivalent or better protections for the critical area, it will be reviewed per the standards in § 13.11.270M.

G. Protection covenant such as a conservation easement shall be recorded with Pierce County Assessor’s Office for critical areas that are identified as part of the review process per 13.11.280 (Conditions, Notice on Title, and Appeals).

H. If mitigation is performed off-site, a conservation easement or other legal document must be provided to the City to ensure that the party responsible for the maintenance and monitoring of the mitigation has access and the right to perform these activities.

(Ord. 27728 Ex. A, 2008-07-01; Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22; Ord. 28518 Ex. 5, 2018-06-26; Ord. 28906 Ex. D, 2023-08-15)

§ 13.11.560 Biodiversity area and corridor mitigation requirements.

A. Mitigation must compensate for the adverse impacts and achieve equivalent or higher ecological functions including, vegetation diversity and habitat complexity and connectivity.

B. Enhancement or Restoration requires the following ratios:

Onsite Mitigation	Offsite Mitigation
1.5:1 Enhancement or Restoration	3:1 Enhancement or Restoration

C. The protection covenant or conservation easement recorded with Pierce County Assessor’s Office shall include all mitigation areas including those located off-site.

D. The following shall be incorporated to minimize disturbance:

1. Minimize light disturbance by directing lights away from critical areas.

2. Place activities that generate noise furthest from critical areas.

3. Limit disturbance from humans and pets with “impenetrable” natural vegetation between the development and critical areas.

4. Design infrastructure to minimize impacts through such steps as designing narrower streets or integrating LID approaches.

5. Seasonal restriction of construction activities.

(Ord. 27728 Ex. A, 2008-07-01; Ord. 28109 Ex. O, 2012-12-04; repealed and reenacted by Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.580 (Repealed)

(Habitat Zones. Ord. 27728 Ex. A, 2008-07-01; repealed by Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.600 Flood hazard areas.

The 600 section contains the regulations for flood hazard areas, including the following:

§ 13.11.610	Classification.
§ 13.11.620	Standards.
§ 13.11.630	Repealed.
§ 13.11.640	General Development Standards.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 46, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08)

§ 13.11.610 Classification.

Classifications of flood hazard areas shall be consistent with the most recent official map of the Federal Insurance Administration that delineates areas of special flood hazards and includes the risk premium zones applicable to the City or as determined by the FIA. Also known as “flood insurance rate map” or “FIRM.”

Where the flood insurance map and studies do not provide adequate information, the City, through Planning and Development Services, shall consider and interpret information produced by the Army Corps of Engineers, Natural Resource Conservation Service, Department of Housing and Urban Development, or any other qualified person or agency to determine the location of Flood Hazard Areas and Coastal High Hazard Areas.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 47, 2005-11-15; Ord. 27893 Ex. A, 2010-06-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04)

§ 13.11.620 Standards.

All development proposals shall comply with Title 2 Building and Development Code regarding Flood Hazard and Coastal High Hazard Areas, and Title 12 for general and specific flood hazard protection. Development shall not reduce the base flood water storage ability. Construction, grading, or other regulated activities which would reduce the flood water storage ability must be mitigated by creating compensatory storage on- or off-site. Compensatory storage provided off-site for purposes of mitigating habitat shall comply with all applicable wetland, stream, and fish and wildlife habitat conservation area requirements. Compensatory storage provided off-site for purposes of providing flood water storage capacity shall be of similar elevation in the same floodplain as the development. Compensatory storage is not required in Coastal A and V Zone flood hazard areas or in flood hazard areas with a mapped floodway but containing no functional salmonid habitat on the site. For sites with functional connection to salmonid bearing waters that provide a fish accessible pathway during flooding, compensatory storage areas shall be graded and vegetated to allow fish refugia during flood events and their return to the main channel as floodwater recede without creating flood stranding risks. Base flood data and flood hazard notes shall be shown on the face of any recorded plat or site plan, including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 48, 2005-11-15; Ord. 28070 Ex. B, 2012-05-08; Ord. 28906 Ex. D, 2023-08-15)

§ 13.11.630 (Repealed)

(General Development Standards. Ord. 27294 § 2, 2004-11-16; repealed by Ord. 27431 § 49, 2005-11-15)

§ 13.11.640 General development standards.

The owner of any property upon which new development occurs is required to record a Notice on Title according to Section 13.11.280 if the property contains land with the 100-year floodplain and/or the Riparian Buffer zone, before a permit may be issued.

Development within a flood hazard area that does not otherwise require a building permit, such as material storage or building of small accessory structures, must still obtain review and approval prior to development, and is subject to all applicable regulations including flood, Critical Areas, and Shoreline regulations.

Stormwater and drainage features shall incorporate low impact development techniques that the mimic pre-development hydrologic conditions, when technically feasible.

(Ord. 28070 Ex. B, 2012-05-08; Ord. 28335 Ex. A, 2015-12-01)

§ 13.11.700 Geologically hazardous areas.

The 700 section contains the general provisions, including the following:

§ 13.11.710	Designation.
§ 13.11.715	Applicability.
§ 13.11.720	Classification.
§ 13.11.730	General Standards.

(Ord. 27294 § 2, 2004-11-16; Ord. 27300 § 3, 2004-12-14; Ord. 27431 § 50, 2005-11-15; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.710 Designation.

A. Designation of Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. Areas susceptible to one or more of the following types of geo-hazards shall be designated as a geologically hazardous area:

1. Erosion hazard;

2. Landslide hazard;

3. Seismic hazard;

4. Mine hazard;

5. Volcanic hazard; and

6. Tsunami hazard.

(Ord. 27431 § 51, 2005-11-15)

§ 13.11.715 Applicability.

Geologically Hazardous Areas are subject to all applicable provisions of this chapter and the following:

A. When the Geologically Hazardous Area or geo-setback cannot be avoided by locating the development outside of the Geologically Hazardous Area and setback, the risk to public health and safety may be minimized by engineering, design, or modified construction practices.

B. When technology cannot reduce the risk to acceptable levels the Geologically Hazardous Area and setback must be avoided.

C. When other critical areas are present the standards specific to those critical areas also apply.

(Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.720 Classification.

A. Classification of specific hazard areas.

1. Erosion hazard areas. Erosion hazard areas generally consist of areas where the combination of slope and soil type makes the area susceptible to erosion by water flow, either by precipitation or by water runoff. Concentrated stormwater runoff is a major cause of erosion and soil loss. Erosion hazard critical areas include the following:

a. Areas with high probability of rapid stream incision, stream bank erosion or coastal erosion, or channel migration.

b. Areas defined by the Washington Department of Ecology Coastal Zone Atlas as one of the following soil areas: Class U (Unstable) includes severe erosion hazards and rapid surface runoff areas, Class Uos (Unstable old slides) includes areas having severe limitations due to slope, Class Urs (Unstable recent slides), and Class I (Intermediate).

c. Any area characterized by slopes greater than 15 percent; and the following types of geologic units as defined by draft geologic USGS maps: m (modified land), Af (artificial fill), Qal (alluvium), Qw (wetland deposits), Qb (beach deposits), Qtf (tide-flat deposits), Qls (landslide deposits), Qmw (mass-wastage deposits), Qf (fan deposits), Qvr and Qvs series of geologic material types (Vashon recessional outwash and Steilacoom Gravel), and Qvi (Ice-contact deposits).

d. Slopes steeper than 25% and a vertical relief of 10 or more feet.

2. Landslide hazard areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope, slope aspect, structure, hydrology, or other factors. Landslide hazard areas are identified as any area with all three of the following characteristics:

a. Slopes steeper than 25 percent and a vertical relief of ten (10) or more feet.

b. Hillsides intersecting geologic contacts that contain impermeable soils (typically silt and clay) frequently inter-bedded with permeable granular soils (predominantly sand and gravel), or impermeable soils overlain with permeable soils.

c. Springs or groundwater seepage.

d. Any area which has exhibited movement during the Holocene epoch (from 10,000 years ago to present) or that are underlain or covered by mass wastage debris of that epoch.

e. Any area potentially unstable due to rapid stream incision stream bank erosion or undercutting by wave action.

f. Any area located on an alluvial fan presently subject to, or potentially subject to, inundation by debris flows or deposition of stream-transported sediments.

g. Any area where the slope is greater than the angle of repose of the soil.

h. Any shoreline designated or mapped as Class U, Uos, Urs, or I by the Washington Department of Ecology Coastal Zone Atlas.

3. Seismic hazard areas. Seismic hazard areas shall include areas subject to severe risk of damage as a result of seismic-induced settlement, shaking, lateral spreading, surface faulting, slope failure, or soil liquefaction. These conditions occur in areas underlain by soils of low cohesion or density usually in association with a shallow groundwater table. Seismic hazard areas shall be as defined by the Washington Department of Ecology Coastal Zone Atlas (Seismic Hazard Map prepared by GeoEngineers) as: Class U (Unstable), Class Uos (Unstable old slides), Class Urs (Unstable recent slides), Class I (Intermediate), and Class M (Modified) as shown in the Seismic Hazard Map.

4. Mine hazard areas. Mine hazard areas are those areas underlain by or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to mine workings. Underground mines do not presently exist within City limits.

Note: An underground structure, consisting of a partially completed underground railroad tunnel, exists within City limits, as defined in the mine hazard areas map. The tunnel was constructed in 1909 and discontinued that same year due to excessive groundwater flows within the tunnel. The dimensions of the tunnel are presently unknown, and it was reportedly backfilled with wood, sand, and gravel in 1915.

5. Volcanic hazard areas. Volcanic hazard areas are areas subject to pyroclastic flows, lava flows, debris avalanche, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. The most likely types of volcanic hazard within the City are mudflows, lahars, or flooding relating to volcanic activity. The boundaries of the volcanic hazard areas within the City are shown in the volcanic hazard map.

6. Tsunami hazard areas. Tsunami hazard areas are coastal areas and large lake shoreline areas susceptible to flooding and inundation as the result of excessive wave action derived from seismic or other geologic events. Currently, no specific boundaries have been established in the City limits for this type of hazard area.

(Ord. 27431 § 52, 2005-11-15)

§ 13.11.730 General standards.

The standards in this section apply only to geologically hazardous areas. The following definitions apply to this section:

“Geo-setback”

is the minimum building setback from the applicable geo-hazard area.

“Geo-buffer”

is a zone within a geo-setback area required to be vegetated with either native or non-native vegetation.

A. Erosion hazard areas.

1. Structures and improvements shall be required to maintain a minimum 50 foot geo-setback from the boundary of all erosion hazard areas (Note: where no distinct break exists, the top of a steep slope is the upper most limit of the area where the ground surface drops greater than 10 feet or more vertically within a horizontal distance of 25 feet). No geo-setback shall be required where the vertical relief of the slope is 10 feet or less. The geo-setback may be reduced to 30 feet where the vertical relief of the slope is greater than 10 feet but no more than 20 feet.

The 30-foot or 50-foot geo-setback may be reduced to a minimum of 10 feet for the following conditions:

a. Construction of one-story detached accessory structures (garages, sheds, playhouses of similar structures not used for continuous occupancy) with less than 1,000 square feet of floor area, whichever is greater for existing residences.

b. Addition to existing residences, including decks that have a maximum 250 square feet footprint of building, deck or roof area, whichever is greater, and are not closer to the top or bottom of the slope than the existing residence.

c. Installation of fences where they do not impede emergency access.

d. Clearing only up to 2,000 square feet during May 1 to October 1, if determined by the Building Official to not cause significant erosion hazard.

e. Grading up to 5 cubic yards during April 1 to October 1 over an area not to exceed 2,000 square feet, if determined by the Building Official that such grading will not cause a significant erosion hazard.

f. Removal of noxious or invasive weeds, provided such areas are protected from erosion with either native vegetation or other approved erosion protection.

g. Forest practices regulated by other agencies.

h. The construction of public or private utility corridors; provided it has been demonstrated that such construction will not significantly increase erosion risks.

i. Trimming and limbing of vegetation for the creation and maintenance of view corridors, removal of site distance obstructions as determined by the City Traffic Engineer, removal of hazardous trees, or clearing associated with routine maintenance by utility agencies or companies; provided that the soils are not disturbed and the loss of vegetative cover will not significantly increase risks of landslide or erosion. See TMC § 13.11.200 and 210.

j. The construction of approved public or private trails; provided they are constructed in a manner which will not contribute to surface water runoff.

k. Remediation or critical area restoration project under the jurisdiction of another agency.

l. Where it can be demonstrated through an erosion hazard analysis prepared by a geotechnical specialist that there is no significant risk to the development proposal or adjacent properties, or that the proposal can be designed so that any erosion hazard is significantly reduced, the geo-setback may be reduced as specified by the geotechnical specialist. This geo-setback may be increased where the Building Official determines a larger geo-setback is necessary to prevent risk of damage to proposed and existing development. The development must also comply with the Specific Development Standards for Erosion and Landslide Hazard Areas. The erosion hazard analysis shall provide the following information:

(1) Alternative setbacks to the erosion hazard area.

(2) Recommended construction techniques for minimizing erosional damage.

(3) Location and methods of drainage and surface water management.

(4) Recommended time of year for construction to occur.

(5) Permanent erosion control (vegetation management and/or replanting plan) to be applied at the site.

m. In addition to the erosion hazard analysis, a Construction Stormwater Pollution Prevention Plan shall be required that complies with the requirements in the currently adopted City Stormwater Management Manual. Clearing and grading activities in an erosion hazard area shall also be required to comply with the City amendments to the most recently adopted International Building Code.

2. Erosion hazard areas that are also landslide hazard areas shall be required to comply with all standards for landslide hazard areas as well.

B. Landslide hazard areas.

1. Structures and improvements shall be required to maintain a minimum 50-foot geo-setback from the boundary of all landslide hazard area. (Note: where no distinct break exists, the top of a steep slope is the upper most limit of the area where the ground surface drops greater than 10 feet or more vertically within a horizontal distance of 25 feet). No geo-setback shall be required where the vertical relief of the slope is 10 feet or less. The geo-setback may be reduced to 30 feet where the vertical relief of the slope is greater than 10 feet but no more than 20 feet.

The 30-foot or 50-foot geo-setback may be reduced to a minimum of 10 feet for the following conditions:

a. Construction of one-story detached accessory structures (garages, sheds, playhouses of similar structures not used for continuous occupancy) with less than 1,000 square feet of floor area, whichever is greater.

b. Addition to existing residences, including decks that have a minimum 250 square feet footprint of building, deck or roof area, whichever is greater, and are not closer to the top or bottom of the slope than the existing residence.

c. Installation of fences where they do not impede emergency access.

d. Clearing only up to 2,000 square feet during May 1 to October 1, if determined by the Building Official to not cause significant landslide hazard.

e. Grading up to 5 cubic yards during April 1 to October 1 over an area not to exceed 2,000 square feet, if determined by the Building Official that such grading will not cause a landslide hazard.

f. Removal of noxious or invasive weeds, provided such areas are protected from erosion with either native vegetation or other approved erosion protection.

g. Forest practices regulated by other agencies.

h. Slopes modified by an engineered cut or fill engineered retaining wall system, where setbacks, if any, were established by the previous engineered design.

i. Steep slopes resulting for right-of-way improvements (streets, alleys, sidewalks, etc) may be exempted by the Building Official if improvements will not decrease slope stability on said property or adjacent properties.

j. The construction of an approved public surface water conveyance, provided it will result in minimum vegetation removal and soil disturbance on the slope.

k. The construction of approved public or private trails; provided they are constructed in a manner which will not contribute to surface water runoff.

l. The construction of public or private utility corridors; provided it has been demonstrated that such construction will not significantly increase landslide risks.

m. Trimming and limbing of vegetation for the creation and maintenance of view corridors, removal of site distance obstructions as determined by the City Traffic Engineer, removal of hazardous trees, or clearing associated with routine maintenance by utility agencies or companies; provided that the soils are not disturbed and the loss of vegetative cover will not significantly increase risks of landslide or erosion. See TMC § 13.11.200 and 210.

n. Remediation, critical area restoration, or mining and quarrying where local regulation is pre-empted by state or federal law.

o. Where it can be demonstrated through a geotechnical analysis prepared by a geologic hazards specialist that there is no significant risk to the development proposal or adjacent properties, or that the proposal can be designed so that any landslide hazard is significantly eliminated, the geo-setback may be reduced as specified by the geotechnical engineer. The geo-setback may be reduced to no less than 10 feet where slopes are 40 percent or greater. This geo-setback may be increased where the Building Official determines a larger geo-setback is necessary to prevent risk of damage to proposed and existing development. The development must also comply with all applicable Development Standards. The geotechnical analysis report shall include the following:

(1) A description of the extent and type of vegetative cover.

(2) A description of subsurface conditions based on data from site-specific explorations.

(3) Descriptions of surface runoff and groundwater conditions, public and private sewage disposal systems, fills and excavations, and all structural improvements.

(4) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm.

(5) Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down slope properties.

(6) A study of the slope stability, including an analysis of proposed cuts, fills, and other site grading; and the effect construction and placement of structures will have on the slope over the estimated life of the structures.

(7) Recommendations for building site limitations, specifically, a recommendation for the minimum geo-buffer and minimum-setback.

(8) Recommendations for proposed surface and subsurface drainage, considering the soil and hydrology constraints of the site.

C. Specific standards for erosion and landslide hazard areas.

1. The development shall not increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions. Note that point discharges onto adjacent properties is not permitted without approved easements. Dispersed flows meeting pre-developed flows will be permitted provided other development standards can be met.

2. The development shall not decrease slope stability on adjacent properties.

3. Such alterations shall not adversely impact other critical areas.

4. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code.

5. Structures and improvements shall minimize alterations to the natural contour of the slope, and the foundation shall be tiered where possible to conform to existing topography. Terracing of the land; however, shall be kept to a minimum to preserve natural topography where possible. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation.

6. Development shall be designed to minimize impervious lot coverage. All development shall be designed to minimize impervious lot coverage and should incorporate understructure parking and multi-level structures within the existing height limit.

7. Roads, walkways, and parking areas should be designed parallel to topographic contours with consideration given to maintaining consolidated areas of natural topography and vegetation.

8. Removal of vegetation shall be minimized and only that which is needed to accommodate a structure. Any replanting that occurs shall consist of trees, shrubs, and ground cover that is compatible with the existing surrounding vegetation, meets the objectives of erosion prevention and site stabilization, and does not require permanent irrigation for long-term survival.

9. The proposed development shall not result in greater risk or need for increased geo-buffers on neighboring properties.

10. Structures and improvements shall be clustered where possible. Driveways and utility corridors shall be minimized through the use of common access drives and corridors where feasible. Access shall be in the least sensitive area of the site.

D. Seismic hazard areas.

1. A hazard analysis report will be required for structures and improvements in a seismic hazard area. All developments shall be required to comply with the requirements of the most recently adopted edition of the International Building Code. The following types of projects will not require a seismic hazardous analysis report;

a. Construction of new buildings with less than 2,500 square feet footprint of floor or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly.

b. Additions to existing residences, including decks that have a maximum 250 square feet footprint of building, deck or roof area, whichever is greater.

c. Installation of fences where they do not impede emergency access.

d. The exceptions above may not apply to areas that are also landslide hazard areas.

2. The hazard report shall include the following:

a. Known and mapped faults within 200 feet of the project area.

b. Analysis of the potential impacts of seismic activity on the site.

c. Evaluation of the physical properties of the subsurface soils and their liquefaction potential, and mitigation measures.

3. All developments shall be required to comply with the requirements of the most recently adopted edition of the International Building Code.

E. Volcanic hazard areas. Development in volcanic hazard areas shall comply with the zoning and Building Code requirements of the TMC. New developments in volcanic hazard areas shall be required to submit an evacuation and emergency management plan, with the exception of the following:

1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly;

2. Additions to existing residences, including decks that have a maximum 250 square feet footprint of building, deck or roof area, whichever is greater; and

3. Installation of fences where they do not impede emergency egress.

F. Mine hazard areas. Critical facilities, as defined by the currently adopted version of International Building Code, are not permitted in the area of the former railroad tunnel. Other development within 50 feet of the mapped location of the former railroad tunnel shall be required to perform a hazard analysis that identifies the following:

1. Location of the development relative to the former tunnel.

2. Evaluation of the potential effects of tunnel subsidence on the proposed structures.

3. Recommendations for mitigation of any potential subsidence.

G. Tsunami hazard areas. Development in tsunami hazard areas shall comply with the zoning and Building Code requirements of the TMC. There are no other specific development standards for tsunami hazard areas.

(Ord. 27294 § 2, 2004-11-16; Ord. 27431 § 53, 2005-11-15; Ord. 28518 Ex. 5, 2018-06-26)

§ 13.11.800 Aquifer recharge areas.

The 800 section contains the regulations for aquifer recharge areas, including the following:

§ 13.11.810	Classification.
§ 13.11.820	Standards.

(Ord. 27431 § 54, 2005-11-15)

§ 13.11.810 Classification.

Classification of recharge areas as critical areas shall be based upon the susceptibility of the aquifer to degradation and contamination. High susceptibility is indicative of land uses which produce contaminants that may degrade groundwater and low susceptibility is indicative of land uses which will not. The following criteria should be considered in designating areas with critical recharging effects:

A. Availability of adequate information on the location and extent of the aquifer;

B. Vulnerability of the aquifer to contamination that would create a significant public health hazard. When determining vulnerability, depth of groundwater, macro and micro permeability of soils, soil types, presence of a potential source of contamination and other relevant factors should be considered; and

C. The extent to which the aquifer is an essential source of drinking water.

(Ord. 27431 § 55, 2005-11-15)

§ 13.11.820 Standards.

Standards for development in aquifer recharge areas shall be in accordance with the provisions in Chapter 13.09, South Tacoma Groundwater Protection District, of the TMC and other local, state, and federal regulations.

(Ord. 27431 § 56, 2005-11-15)

§ 13.11.900 (Repealed)

(Definitions. Ord. 27431 § 57, 2005-11-15; Ord. 27728 Ex. A, 2008-07-01; Ord. 27813 Ex. E, 2009-06-30; Ord. 28070 Ex. B, 2012-05-08; Ord. 28109 Ex. O, 2012-12-04; Ord. 28230 Ex. F, 2014-07-22; Ord. 28335 Ex. A, 2015-12-01; Ord. 28336 Ex. C, 2015-12-01; Ord. 28518 Ex. 5, 2018-06-26; repealed and relocated to § 13.01.110 by Ord. 28613 Ex. G, 2019-09-24)