The purposes of this chapter are to:
(a) 
Recognize and protect the beneficial functions performed by wetlands, which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and improving water quality through biofiltration, adsorption, and retention and transformation of sediments, nutrients, and toxicants.
(b) 
Regulate land use to avoid adverse effects on wetlands and maintain the functions and values of wetlands throughout Lake Stevens.
(c) 
Establish review procedures for development proposals in and adjacent to wetlands.
(d) 
Compliance with the provisions of the chapter does not constitute compliance with other federal, State, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 855, Sec. 24, 2011; Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
Identification and Delineation. Wetlands, buffers and their boundaries shall be identified and delineated in accordance with the approved Federal wetland delineation manual and applicable regional supplement. All areas within the City meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date, the City shall determine whether a revision or additional assessment is necessary. Sources used to identify designated wetlands include, but are not limited to:
(1) 
United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory.
(2) 
Areas identified as hydric soils, soils with significant soil inclusions and wet spots with the United States Department of Agriculture/Soil Conservation Service Soil Survey for Snohomish County.
(3) 
Washington State Department of Natural Resources, Geographic Information System, Hydrography and Soils Survey Layers.
(4) 
City of Lake Stevens Critical Areas Inventory Maps.
(b) 
Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology) and in accordance with WAC 173-22-035, which contains the definitions and methods for determining whether the criteria below are met.
(1) 
Category I. Category I wetlands represent unique or rare wetland types; are more sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or provide a high level of functions. In Lake Stevens Category I wetlands may include:
(i) 
Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR;
(ii) 
Bogs;
(iii) 
Mature and old-growth forested wetlands larger than one acre; and
(iv) 
Wetlands that perform many functions well (scoring 23 points or more).
(2) 
Category II. In Lake Stevens Category II wetlands may include wetlands with a moderately high level of functions (scoring between 20 and 22 points) that are difficult though not impossible to replace and provide high levels of some functions.
(3) 
Category III. In Lake Stevens Category III wetlands may include:
(i) 
Wetlands with a moderate level of functions (scoring between 16 and 19 points);
(ii) 
Can often be adequately replaced with a well-planned mitigation project; and
(iii) 
Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
(4) 
Category IV. In Lake Stevens Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that functions may be replaced, or in some cases improved. These wetlands may provide some important functions, and should be protected to some degree.
(c) 
Illegal Modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant's knowledge.
(Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
The Planning and Community Development Director or designee, relying on a field investigation supplied by an applicant and applying the wetland definition provided in this chapter, shall determine the location of the wetland boundary. Qualified professional and technical scientists shall perform wetland delineations as part of a wetland identification report in accordance with WAC 173-22-035. Criteria to be included in a required wetland identification report may be found in Section 14.88.275, Mitigation/Enhancement Plan Requirements. The applicant is required to show the location of the wetland boundary on a scaled drawing as a part of the permit application.
(b) 
When the applicant has provided a delineation of the wetland boundary, the Planning and Community Development Director or designee shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning and Community Development Director shall, at the applicant's expense, obtain expert services to render a final delineation.
(c) 
The Planning and Community Development Director, when requested by the applicant, may waive the delineation of boundary requirement for the applicant and, in lieu of delineation by the applicant, perform the delineation. The Planning and Community Development Director or designee shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. The applicant will be charged for the costs incurred. Where the City performs a wetland delineation at the request of the applicant, such delineation shall be considered a final determination.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 797, Sec. 6, 2009; Ord. 855, Sec. 25, 2011; Ord. 984 Sec. 3 (Exh. C), 2019)
Except where regulated by other sections of this or any other title or law, and provided they are conducted using best management practices, the following uses and activities shall be allowed and regulated within wetlands and their buffers when the requirements of Sections 14.88.830 and 14.88.840 have been met and mitigation adequate to alleviate any other impacts has been proposed:
(a) 
Those uses listed in Section 14.88.220.
(b) 
Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland.
(c) 
Stormwater management facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of an LID, runoff treatment or flow control BMP if the following criteria are met:
(1) 
The location of the stormwater management facility is restricted to the outer 25 percent of the buffer around the wetland;
(2) 
There will be "no net loss" of functions and values of the wetland;
(3) 
The wetland does not contain a breeding population of any native amphibian species;
(4) 
The hydrologic functions of the wetland can be improved;
(5) 
The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing;
(6) 
All regulations regarding stormwater and wetland management are followed, including but not limited to local and State wetland and stormwater codes, manuals, and permits;
(7) 
Modifications that alter the structure of a wetland or its soils will require permits. Existing functions and values that are lost would have to be compensated/replaced.
(8) 
Stormwater LID BMPs required as part of new and redevelopment projects can be considered within wetlands and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site-specific characterization is required to determine if an LID BMP is feasible at the project site.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 984 Sec. 3 (Exh. C), 2019)
The following wetlands may be exempt from the requirement to avoid impacts and they may be filled if the impacts are fully mitigated based on the remaining actions, pursuant to State and Federal requirements. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank.
(a) 
All isolated Category IV wetlands less than 4,000 square feet:
(1) 
Not associated with riparian areas or their buffers;
(2) 
Not associated with shorelines of the State or their associated buffers;
(3) 
Not part of a wetland mosaic;
(4) 
Do not score six or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); and
(5) 
Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife, do not contain Federally listed species or their critical habitat, or species of local importance.
(b) 
Wetlands less than 1,000 square feet that meet the above criteria and do not contain Federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter.
(Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
Buffers. Wetland buffers shall be required for all regulated activities adjacent to regulated wetlands as provided in Table 14.88-II, unless modified elsewhere in this chapter.
(1) 
Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to wetland category and the proposed land use.
(2) 
To facilitate long-range planning using a landscape approach, the Planning and Community Development Director or designee may pre-assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrator will prepare maps of wetlands that have been pre-assessed in this manner.
(3) 
All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations.
(b) 
The buffer widths in Table 14.88-II assume that the standard buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should be planted to create the appropriate plant community, or the nonmitigated buffer should be widened to ensure that adequate functions of the buffer are provided.
Table 14.88-II Wetland Buffer Requirements
Wetland Category
Buffer Condition*
Buffer width in feet based on habitat scores
3 – 5
6 – 7
8 – 9
Category I
Standard
75
110
225
No Mitigation
100
150
300
Category I (High Value)
Standard
190
225
No Mitigation
250
300
Category II
Standard
75
110
225
No Mitigation
100
150
300
Category III
Standard
60
110
225
No Mitigation
80
150
300
Category IV
Standard
40
No Mitigation
50
Notes:
* The buffer condition directly affects the required buffer width. A standard buffer width is to be used when the buffer is vegetated or will be planted to comply with Section 14.88.830(b) and Table 14.88-III; otherwise, the buffer is considered to have no mitigation and an increased buffer is required when limited vegetation exists or no mitigation is proposed to enhance buffer functions.
Table 14.88-III Required Measures to Minimize Impacts to Wetlands (measures are required if applicable to a specific proposal)
Disturbance
Required Measures to Minimize Impacts
Lights
•
Direct lights away from wetland
Noise
•
Locate activity that generates noise away from wetland
•
If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source
•
For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer
Toxic runoff
•
Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered
•
Establish covenants limiting use of pesticides within 150 feet of wetland
•
Apply integrated pest management
Stormwater runoff
•
Retrofit stormwater detention and treatment for roads and existing adjacent development
•
Prevent channelized flow from lawns that directly enters the buffer
•
Use low intensity development techniques (for more information refer to the drainage ordinance and manual)
Change in water regime
•
Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns
Pets and human disturbance
•
Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion
•
Place wetland and its buffer in a separate tract or protect with a conservation easement
Dust
•
Use best management practices to control dust
(c) 
Increased Wetland Buffer Widths. The Planning and Community Development Director shall require increased standard buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that:
(1) 
The wetland is used by a State or Federally listed plant or animal species or has essential or outstanding habitat for those species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or
(2) 
The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or
(3) 
The adjacent land has minimal vegetative cover or slopes greater than 30 percent.
(d) 
Wetland Buffer Averaging. Wetland buffer widths may be modified by averaging. In no instance shall the buffer width be reduced by more than 25 percent of the standard buffer. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following as demonstrated in accordance with an approved critical areas report:
(1) 
The averaging will not impair or reduce the habitat, water quality purification and enhancement, stormwater detention, groundwater recharge, shoreline protection, erosion protection, and other functions and values of the wetland and buffer;
(2) 
The buffer is increased adjacent to the higher functioning area and decreased adjacent to lower functioning area; and
(3) 
The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging.
(e) 
Buffer Conditions. Except as otherwise specified, wetland buffers shall be retained in their natural condition.
(1) 
Where buffer disturbance may or has occurred during construction, revegetation with native wetland vegetation may be required appropriate for the ecoregion or with vegetation performing similar functions.
(2) 
If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.
(f) 
Buffer Reductions. Buffer reductions may be allowed for Category III or IV wetlands, provided the applicant demonstrates the proposal meets the criteria in subsections (f)(1) through (4) of this section and either subsection (f)(5) or (6) of this section. Buffer width reduction proposals that meet the criteria as determined by the Planning and Community Development Director or designee shall be reduced by no more than 25 percent of the required buffer.
(1) 
The buffer area meets buffer area planting requirements in Section 14.88.275 and has less than 15 percent slopes; and
(2) 
A site-specific evaluation and documentation of buffer adequacy is based on consideration of the best available science as described in Section 14.88.235; and
(3) 
Buffer width averaging as outlined in subsection (d) of this section is not being used; and
(4) 
A buffer enhancement plan is proposed that would significantly improve the function and value of a degraded wetland and buffer, specifically the required buffer enhancement plan should improve the ability of a degraded buffer to protect the water quality and hydrologic functions even if the width of the buffer is reduced, subject to mitigation requirements of Section 14.88.840; and either
(5) 
The subject property is separated from the wetland by preexisting, intervening, and lawfully created structures, public roads, or other substantial improvements. The preexisting improvements must be found to separate the subject upland property from the wetland by height or width that prevents or impairs the delivery of buffer functions to the wetland. In such cases, the reduced buffer width shall reflect the buffer functions that can be delivered to the wetland; or
(6) 
The wetland scores five or less points for wildlife habitat in accordance with the rating system applied in Section 14.88.800, and mitigation is provided based on Section 14.88.840(b) and Table 14.88-III, when determined appropriate based on the evaluation criteria in Sections 14.88.275 and 14.88.276.
(g) 
Buffers may be modified when approved for the purpose of implementing innovative development design in accordance with Section 14.88.298.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 811, Sec. 92, 2010; Ord. 984 Sec. 3 (Exh. C), 2019)
The mitigation sequence set forth in this section should be applied after impact avoidance and minimization measures have been taken.
(a) 
Location and Timing of Mitigation.
(1) 
Restoration, creation, or enhancement actions should be undertaken on or adjacent to the site, or, where restoration, creation, or enhancement of a former wetland is proposed, within the same watershed. In-kind replacement of the impacted wetland is preferred for creation, restoration, or enhancement actions. The City may accept or recommend restoration, creation, or enhancement which is off site and/or out-of-kind, if the applicant can demonstrate that on-site or in-kind restoration, creation, or enhancement is unfeasible due to constraints such as parcel size or wetland type, or that a wetland of a different type or location is justified based on regional needs or functions;
(2) 
Whether occurring on site or off site, the mitigation project shall occur near an adequate water supply with a hydrologic connection to the wetland to ensure a successful wetlands development or restoration;
(3) 
Any approved proposal shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule has also been approved by the Planning and Community Development Department;
(4) 
Wetland acreage replacement ratios shall be as specified in Table 14.88-IV;
(5) 
Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands.
(i) 
This provision may be used when:
a. 
The bank is certified under Chapter 173-700 WAC;
b. 
The Planning and Community Development Director or designee determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and
c. 
The proposed use of credits is consistent with the terms and conditions of the bank's certification.
(ii) 
Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification.
(iii) 
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.
(b) 
Mitigation Performance Standards.
(1) 
All reasonable measures shall be taken to avoid and reduce impacts. When such avoidance and reduction is not reasonable, adverse impacts to wetland functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in Section 14.88.010(a). Proposals which include less preferred or compensatory mitigation shall demonstrate that:
(i) 
All reasonable measures will be taken to reduce impacts and losses to the original wetland;
(ii) 
No overall net loss will occur in wetland functions, values and acreage; and
(iii) 
The restored, created or enhanced wetland will be as persistent and sustainable as the wetland it replaces.
(c) 
Wetland Replacement Ratios.
(1) 
Where wetland alterations are permitted by this chapter, the applicant shall restore or create equivalent areas of wetlands in order to compensate for wetland losses. Equivalent areas shall be determined according to size, function, category, location, timing factors, and projected success of restoration or creation.
(2) 
Where wetland creation is proposed, all required buffers for the creation site shall be located on the proposed creation site. Properties adjacent to or abutting wetland creation projects shall not be responsible for providing any additional buffer requirements.
(3) 
The following acreage replacement ratios shall be used as targets. The Planning and Community Development Director may vary these standards if the applicant can demonstrate and the Planning and Community Development Director or designee agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other circumstances as determined by the Planning and Community Development Department justify the variation.
(4) 
The qualified scientific professional in the wetlands report may, where feasible, recommend that restored or created wetlands shall be a higher wetland category than the altered wetland.
(d) 
The Planning and Community Development Director may increase the ratios under the following circumstances:
(1) 
Uncertainty exists as to the probable success of the proposed restoration or creation; or
(2) 
A significant period of time will elapse between impact and replication of wetland functions.
(e) 
All wetland restoration, creation and/or enhancement projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared in conformance to the requirements of Section 14.88.275, Mitigation/Enhancement Plan Requirements.
(f) 
Mitigation ratios for the replacement of impacted wetlands shall be as listed in Table 14.88-IV. However, Table 14.88-IV shall not apply to bogs, because it is not possible to create or restore bogs due to their unique chemistry and hydrology. Therefore, impacts to bogs are considered to be a loss of functions and shall be avoided.
Table 14.88-IV: Wetland Mitigation Ratios
Affected Wetland
Mitigation Type and Ratio
Category
Re-establishment or Wetland Creation
Rehabilitation
Enhancement Only
Category IV
1.5:1
3:1
6:1
Category III
2:1
4:1
8:1
Category II
3:1
6:1
12:1
Category I – Forested
6:1
12:1
24:1
Category I – Score Based
4:1
8:1
16:1
Category I – Bog
Not considered possible
N/A
N/A
(g) 
Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.
(h) 
The applicant may propose innovative site design based on the best available science and pursuant to Section 14.88.298 if the innovative development design will achieve protection equivalent to or better than the standard provisions of this chapter. Approval of the innovative site design will be considered in combination with criteria listed in Section 14.88.298 if the design achieves the following:
(1) 
The site design avoids impacts to the critical area; or
(2) 
The site design increases the functions and/or values of the wetland and buffer with a combination of the following measures:
(i) 
Improving water quality functions and values of the wetland and buffer by reducing fine sediment and pollutant input in the watershed by increasing hydrologic retention and filtration;
(ii) 
Improving the hydrologic functions and values of the wetland and buffer by providing increased flood control adjacent to a stream channel or by improving water storage ability in the wetland system to increase groundwater recharge potential; and
(iii) 
Increasing habitat for aquatic, amphibian and invertebrate species and associated wetland bird and mammal species.
(i) 
Credit/Debit Method. As an alternative to the mitigation ratios found in the joint guidance Wetland Mitigation in Washington State Parts I and II (Ecology Publication No. 06-06-011a-b, Olympia, WA, March 2006), the Director or designee may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report, (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised).
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 811, Sec. 92, 2010; Ord. 984 Sec. 3 (Exh. C), 2019)