This article applies to all regulated uses within or adjacent to areas designated as wetlands, as categorized below. The intent of this article is to:
(1) 
Achieve no net loss and increase the quality and function of wetland acreage, functions and values within the city;
(2) 
Provide mitigation measures where necessary, as conditions of permits, that have a reasonable expectation of success;
(3) 
Protect valued public resources that could arise from improper wetland uses and activities;
(4) 
Preserve natural flood control, stormwater storage and drainage or wetland hydrology patterns; and
(5) 
Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the wildlife habitat.
(Ord. 018-25, 11/18/2025)
(1) 
The determination of the wetland edge or boundary shall be done in accordance with the delineation methodology specified in the approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria as determined by that procedure are designated as critical areas and are subject to the provisions and regulations of this chapter. Wetland delineations are valid for five years.
(2) 
The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new development, as required by the department, this line shall be surveyed by a professional land surveyor licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall be identified on all grading, landscaping, site, on-site septic system designs (BSAs), utility or other development plans submitted in support of the project.
(3) 
Where the applicant has provided a delineation of a wetland boundary, the department or its consultant may verify the wetland boundary at the cost of the applicant and may request that adjustments to the boundary be made by a wetland specialist.
(Ord. 018-25, 11/18/2025)
The City uses the Department of Ecology's Washington State Wetland Rating System for Western Washington: 2014 Update-Version 2 (Ecology Publication No. 23-06-009), or as amended hereafter to categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios for wetlands. This system consists of four wetland categories (see Article XIII of this chapter, Attachment A, for wetland categories).
(Ord. 018-25, 11/18/2025)
(1) 
All wetlands within the City meeting the definition in POMC § 20.162.048 are regulated. The following wetlands may be exempt from the avoidance and minimization requirements of mitigation sequencing, and they may be filled if the impacts are fully mitigated based on the requirements of this chapter. 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.
The following wetlands meeting the criteria defined below may be exempt from the standard wetland buffer requirements defined in this chapter. A building or impervious surface setback of 15 feet is required from the edge of any wetland meeting the criteria defined below.
In order to verify the following conditions, a critical area report for wetlands meeting the requirements of this chapter must be submitted.
(a) 
All isolated Category IV wetlands less than 4,000 square feet that:
(i) 
Are not associated with riparian areas or their buffers.
(ii) 
Are not associated with shorelines of the state or their associated buffers.
(iii) 
Are not part of a wetland mosaic.
(iv) 
Do not score five or more points for habitat function based on the Washington State Wetland Rating System for Western Washington: 2014 Update-Version 2 (Ecology Publication No. 23-06-009, or as revised as approved by Ecology).
(v) 
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. 018-25, 11/18/2025)
For the purpose of the provisions of the critical areas ordinance, a regulated wetland and its buffer is a critical area.
(1) 
Unless specifically exempt under POMC § 20.162.036, all regulated uses and activities in a wetland and/or its buffer shall be regulated pursuant to the requirements of this chapter.
(2) 
Wetland Buffers. The buffer shall be measured perpendicular from the wetland edge as delineated and marked using the approved federal delineation manual and applicable regional supplement. Buffers shall consist of native vegetation adequate to provide the necessary protection. Where required and conditioned as part of permit approval, the City may require those buffer areas that do not contain a well-vegetated native plant community to be enhanced.
(3) 
Buffer Widths. All regulated wetlands shall be surrounded by a buffer zone as follows 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: 2014 Update-Version 2 (Ecology Publication No. 23-06-009 or as amended):
(a) 
For wetlands that score six points or more for habitat function, the buffers in Table 1 can be used if both of the following criteria are met:
(i) 
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 by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 1 may be used with the required measures in Table 2 alone.
(ii) 
The measures in Table 2 are implemented, where applicable, to minimize the impacts of the adjacent land uses.
(b) 
For wetlands that score three to five habitat points, only the measures in Table 2 are required for the use of Table 1.
(c) 
If an applicant chooses not to apply the mitigation measures in Table 2, or is unable to provide a protected corridor where available, then Table 3 must be used.
(d) 
The buffer widths in Table 1 and Table 3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.
(e) 
Reduced buffer widths associated with Table 1 shall not be used in conjunction with other reductions or variances outlined in this chapter.
(4) 
Interrupted Buffer. Where a legally established developed roadway or permanent substantial improvement transects a wetland buffer, the director may approve a modification of the minimum required buffer to the edge of the roadway or substantial improvement. The permanent substantial development must serve to eliminate or greatly reduce buffer function.
(5) 
Tables of Wetland Development Standards.
Table 1 — Wetland Buffer Requirements If Table 2
Is Implemented and a Wildlife Corridor Is Provided
Wetland Category
Buffer width (in feet) based on habitat score
Buffer width based on special characteristics
Score 3 – 5
Score 6 – 7
Score 8 – 9
Category I:
Based on total score
75
110
225
N/A
Category I:
Bogs and wetlands of high conservation value
N/A
225
190
Category I:
Estuarine and wetlands in coastal lagoons
N/A
150
Category I:
Interdunal
N/A
225
N/A
Category I:
Forested
75
110
225
N/A
Category II:
Based on score
75
110
225
N/A
Category II:
Interdunal wetlands
N/A
110
110
Category II:
Estuarine and wetlands in coastal lagoons
N/A
110
Category III (all)
60
110
225
N/A
Category IV (all)
40
Table 2 – Required Measures to Minimize Impacts to Wetlands
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 feet 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
Table 3 – Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Wetland Category
Buffer width (in feet) based on habitat score
Buffer width based on special characteristics
Score 3 – 5
Score 6 – 7
Score 8 – 9
Category I:
Based on total score
100
150
300
N/A
Category I:
Bogs and wetlands of high conservation value
N/A
300
250
Category I:
Estuarine and wetlands in coastal lagoons
N/A
200
Category I:
Interdunal
N/A
300
N/A
Category I:
Forested
100
150
300
N/A
Category II:
Based on score
100
150
300
N/A
Category II:
Interdunal wetlands
N/A
150
Category II:
Estuarine and wetlands in coastal lagoons
N/A
150
Category III (all)
80
150
300
N/A
Category IV (all)
50
N/A
(6) 
Wetland Buffer Alterations. A quantitative alteration, in which the boundaries of the wetland buffer area are altered, can occur through buffer averaging or through a buffer reduction. Buffer averaging shall not be used in conjunction with a buffer reduction.
The buffers defined in Table 1 are considered an administrative buffer reduction and shall not be used in conjunction with a proposed wetland buffer alteration.
(a) 
Wetland Buffer Averaging. Standard buffer widths may be modified by averaging buffer widths. The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging. The buffer shall not be reduced by more than 25 percent of the standard buffer width at any point. The department may allow wetland buffer averaging where it can be demonstrated that such averaging can clearly provide equivalent or greater functions and values as would be provided under the standard buffer requirement.
Prior to approval of buffer averaging, a critical areas report for wetland(s) meeting the requirements in this chapter must be submitted and reviewed for consistency with the requirements of this Chapter. Averaging of buffer widths may be allowed where the applicant demonstrates the following:
(i) 
The buffer is increased adjacent to higher functioning areas of or more sensitive portions of the wetland and decreased adjacent to the lower function or less sensitive portions; and
(ii) 
Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property and the applicant has demonstrated all avoidance and minimization measures have been considered.
(b) 
Wetland Buffer Reduction. Buffer width reductions shall be considered on a case-by-case basis when an applicant demonstrates to the department that the mitigation measures outlined in Table 2 are not applicable to utilize the reduced buffer widths defined in Table 1 and the proposed reduction would not adversely affect the wetland in question. A buffer reduction may not be reduced to less than 75 percent of the standard buffer width.
Decision Criteria. Prior to approval, an applicant shall demonstrate that a buffer reduction proposal meets all of the decision criteria listed below.
(i) 
Demonstrate all avoidance and minimization efforts have been considered for compliance with POMC § 20.162.026;
(ii) 
It will not adversely impact the wetland(s) in question;
(iii) 
It will not lead to adverse water quality protection, unstable earth conditions, or create an erosion hazard;
(iv) 
As part of the buffer reduction request, an applicant shall submit a buffer enhancement plan consistent with Article VIII of this Chapter.
(7) 
Increased Wetland Buffer Provisions. The department may increase buffer zone widths for a development project on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site-specific and project related conditions, which include, but are not limited to:
(a) 
Wetland sites with known locations of endangered or threatened species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species;
(b) 
The adjacent land is susceptible to severe erosion and erosion control measures alone will not effectively prevent adverse wetland impacts;
(c) 
The adjacent land on the development proposal site has minimal vegetative cover or slopes greater than 30 percent; or
(8) 
Wetland Fencing and Signs. This subsection applies to those wetlands and their buffers that are within 300 feet of regulated development activities.
(a) 
Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per city approval.
(b) 
The department shall require permanent signs and/or split-rail fencing to be placed on the common boundary between a wetland buffer and the adjacent land. Signs must be posted at an interval of one per lot if the lot is less than 50 feet wide, or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the department:
Protected Wetland Area
Do Not Disturb
Contact City of Port Orchard
Regarding Uses, Restrictions, and Opportunities for Stewardship
The department may approve an alternate method of wetland and buffer identification, if the alternative method provides adequate protection to the wetland and buffer.
(9) 
Building or Hard Surface Setback Lines. A building or hard surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural or hard surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to title as required by POMC § 20.162.034, Notice to title.
(Ord. 018-25, 11/18/2025)
In addition to meeting the development standards in this article, those regulated uses identified below shall also comply with the standards of this section and other applicable state, federal and local ordinances.
(1) 
Agricultural Restrictions. In all development proposals which would permit introduction of agricultural uses, damage to regulated wetlands shall be avoided. Wetlands shall be avoided by one of the following methods:
(a) 
Implementation of a farm conservation plan agreed upon by the conservation district and the applicant to protect and enhance the water quality of the wetland; and/or
(b) 
Fencing located not closer than the outer buffer edge.
(2) 
Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master planned resorts, planned residential developments, conditional use permits, site plan reviews, binding site plans) which include regulated wetlands shall comply with the following procedures and development standards:
(a) 
Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots; provided, that other standards, including subsection (3)(c) of this section, are met.
(b) 
Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the lot with the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.
(c) 
After preliminary approval and prior to final land division approval, the department shall require the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer.
(3) 
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 all of the following criteria are met:
(a) 
The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3 to 5 points; and
(b) 
There will be "no net loss" of functions and values of the wetland; and
(c) 
The wetland does not contain a breeding population of any native amphibian species; and
(d) 
The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and questions 2, 3, 4 of Chart 5 in the Department of Ecology's "Guide for Selecting Mitigation Sites Using a Watershed Approach"; or the wetland is part of a priority restoration plan that achieves restoration goals identified in a shoreline master program or other local or regional watershed plan; and
(e) 
The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing; and
(f) 
All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits; and
(g) 
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.
Stormwater LID BMPs required as part of new and redevelopment projects can be considered within wetlands and their buffers. A site-specific characterization is required to determine if an LID BMP is feasible at the project site.
A wetland hydrology monitoring plan prepared by a qualified wetland specialist shall be required when a wetland is physically or hydrologically altered. The plan shall provide an analysis to demonstrate the baseline hydrologic conditions within the wetland, provide monitoring methods, provide a monitoring program to evaluate the hydrologic conditions post construction, and provide a reporting schedule for submitting monitoring reports to the city. The wetland hydrology monitoring plan shall be verified through City review.
(4) 
Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches and viewing platforms, may be allowed in wetlands or wetland buffers pursuant to the following guidelines:
(a) 
Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas.
(b) 
Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat.
(c) 
Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland.
(d) 
Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer 25 percent of the buffer and a minimum of 25 feet from the wetland edge, except where wetland crossings or viewing areas have been approved.
(e) 
Trails shall generally be limited to pedestrian use and pervious surfaces, such as loose gravel or bark chip, and are no more than five feet in width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided.
(f) 
Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut off habitat connectivity for smaller species.
(5) 
Utilities in Wetlands or Wetland Buffers.
(a) 
Construction of new utilities outside the road right-of-way or existing utility corridors may be permitted in wetlands or wetland buffers, only when no reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of applicable permits and special reports required by this chapter.
(b) 
Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site sewage systems may be permitted in regulated wetland buffers only when:
(i) 
The applicant demonstrates it is necessary to meet state and/or local health code minimum design standards (not requiring a variance for either horizontal setback or vertical separation); and/or
(ii) 
The applicant sufficiently demonstrates the mitigation sequencing requirements defined in this Chapter show all avoidance and minimization measures have been considered. Joint use of the sewer utility corridor by other utilities may be allowed.
(c) 
New utility corridors shall not be allowed when the regulated wetland or buffer has known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved habitat management plan indicates that the utility corridor will not significantly impact the wetland or wetland buffer.
(d) 
New utility corridor construction and maintenance shall protect the regulated wetland and buffer environment by utilizing the following methods:
(i) 
New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet), measured on the uphill side.
(ii) 
New utility corridors shall be revegetated with appropriate native vegetation at preconstruction densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation survives.
(iii) 
Any additional utility corridor access for maintenance shall be provided as much as possible at specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the wetland. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.
(iv) 
The department may require other additional mitigation measures.
(e) 
Utility corridor maintenance shall include the following measures to protect the regulated wetland and buffer environment:
(i) 
Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, nor should lead-based paints be used.
(ii) 
No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the EPA and Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. Within wetlands, the applicator must be licensed to use aquatic herbicides.
(f) 
For utility work in wetlands or in-water, it shall be the applicant's responsibility to obtain all necessary state and federal approvals before beginning work.
(Ord. 018-25, 11/18/2025)
(1) 
Mitigation Sequence. Projects permitted under this article will be reviewed in accordance with the mitigation sequencing requirement in POMC § 20.162.026.
(2) 
Mitigation Plan Requirements. Any applicant required to perform compensatory wetland mitigation as a condition of approval for a development project or under an enforcement action shall submit a wetlands mitigation plan to the department in accordance with POMC §§ 20.162.028 and 20.162.096. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-32), and with amended Appendix 8-C to Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands (Ecology Publication 05-06-008 or as revised).
(3) 
Wetland Replacement Ratios. The following ratios, as well as consideration of the factors listed in this section, and Table 4, shall be used to determine the appropriate amounts of restored, rehabilitated, created, or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area requiring replacement and the second specifies the amount of wetland area altered.
Table 4 – Wetland Replacement Ratios
Category and Type of Impact Wetland
Restoration or Creation
Rehabilitation
Enhancement Only
Category I:
Bog, natural heritage site
Not considered possible
Case-by-case
Case-by-case
Category I:
Mature forested
6:1
12:1
24:1
Category I:
(All others)
4:1
8:1
16:1
Category II
3:1
6:1
12:1
Category III
2:1
4:1
8:1
Category IV
1.5:1
3:1
6:1
(a) 
Open water may be enhanced by replacing structures that may have been removed in the past (large woody material, rocks, reefs, etc.).
(b) 
The department may increase the ratios based on one or more of the following:
(i) 
The probable success of the proposed restoration or enhancement;
(ii) 
The period of time between destruction and replication of wetland functions;
(iii) 
Projected losses in functions and value;
(iv) 
Replacement as a result of an illegal action.
(4) 
Alternative Mitigation Ratios. The department may approve different mitigation ratios when the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement; provided, that federal and state resource agencies approve the mitigation plan and the plan achieves no net loss of wetland functions and values. Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, or as revised) if approved by the director.
(5) 
Type and Location of Mitigation. Applicants have two options for meeting compensatory wetland mitigation requirements defined in this chapter. The options generally fall into two categories: programmatic approaches and permittee- responsible approaches. Programmatic approaches refer to compensatory mitigation done by a third- party sponsor. The two programmatic approaches currently being used in Washington are wetland mitigation banking and in-lieu fee mitigation. Permittee-responsible mitigation is an approach where the applicant retains full responsibility to successfully compensate for unavoidable impacts. The order of preference for the type of mitigation approaches is a programmatic approach followed by a permittee-responsible approach.
(a) 
Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:
(i) 
The bank is certified under state and/or federal rule;
(ii) 
The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts;
(iii) 
The proposed use of credits shall be consistent with the terms and conditions of the mitigation bank's certification;
(iv) 
Replacement ratios for project using bank credits shall be consistent with the replacement ratios specified in the mitigation bank's certification; and
(v) 
Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the wetland bank's certification. In some cases, the service area of the bank may include portions of more than adjacent drainage basin for specific wetland functions.
(b) 
In-Lieu Fee. Credits from an approved in-lieu fee program may be used when all of the following apply:
(i) 
The approval authority determines that the use of the program would provide environmentally appropriate compensation for the proposed impacts;
(ii) 
The proposed use of credits is consistent with the terms and conditions of the approved in- lieu fee program instrument;
(iii) 
Projects using in-lieu fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified specialist using the credit assessment method specified in the approved instrument of the in-lieu fee program; and
(iv) 
The impacts are located within the service area specified in the approved in-lieu fee program instrument.
(c) 
Mitigation under the watershed approach. When it is demonstrated that a programmatic approach is not available to compensate for unavoidable impacts to wetlands, compensatory wetland mitigation shall use the water shed approach using the guidance defined in the Department of Ecology's Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-32), or as amended.
(d) 
Alternative Mitigation. The department may approve an alternative mitigation plan based on best available science and if it is demonstrated that a high level of ecological function would result from an in-kind and on-site or in-kind and off-site compensatory wetland mitigation approach. Alternative mitigation proposals shall use the guidance in the Department of Ecology's Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans — Version 1 (Ecology Publication No. 06-06-011b), or as revised.
(e) 
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:
(i) 
Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas;
(ii) 
The applicant demonstrates that long-term protection and management of the habitat area will be provided;
(iii) 
There is clear potential for success of the proposed mitigation at the proposed mitigation site;
(iv) 
Mitigation according to subsections (5)(a) through (5)(d) of this section is not feasible due to site constraints such as parcel size, stream type, wetland category, or excessive costs;
(v) 
A wetland of a different type is justified based on regional needs or functions and values;
(vi) 
The replacement ratios are not reduced or eliminated; unless the reduction results in a preferred environmental alternative; and
(vii) 
Public entity cooperative preservation agreements such as conservation easements are applied.
(6) 
Monitoring Requirements. The city shall require monitoring reports on an annual basis for a minimum of five years, or until the department determines that the mitigation project has achieved success. Certain types of wetland communities, such as scrub-shrub or forested wetland, require additional time for establishment and may require monitoring for 10 or more years depending on the site-specific circumstances and the scope of the mitigation project. The wetlands mitigation plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project-specific and a scientifically acceptable means to aid the department in evaluating whether or not the project has achieved success according to the wetland mitigation performance standards in this chapter.
(Ord. 018-25, 11/18/2025)
The City of Port Orchard recognizes that property owners wish to gain economic benefits from their land. The City encourages such mechanisms as the open space tax program, conservation easements and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in the provisions of the critical areas ordinance.
(Ord. 018-25, 11/18/2025)