City of Poulsbo, WA Section 200 Wetlands

§ 16.20.200 Applicability.

Wetlands located outside of the city’s shoreline jurisdiction are regulated by the provisions of this chapter. Wetlands located within the city’s shoreline jurisdiction are regulated by the city’s shoreline master program.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.205 Purpose.

This section applies to all regulated uses within, or adjacent to, areas designated as wetlands, as categorized in Section 16.20.215. Under the conditions of this section, the city may deny development purposes that would irreparably impact regulated wetlands. The intent of this section is to:

A. Achieve no net loss of wetland acreage, functions and values. Mitigation measures, as conditions of permits, must have a reasonable expectation of success;

B. Plan wetland uses and activities in a manner that allows property holders to benefit from wetland property ownership wherever allowable under the conditions of this section and chapter; and

C. Preserve natural flood control, stormwater storage and drainage or stream flow patterns.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.210 Wetland categories.

Per RCW 36.70A.030, wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, estuaries, marshes, bogs and similar areas. Per WAC 173-22-035, for regulatory purposes, wetlands shall be delineated in accordance with the approved federal wetland delineation manual and applicable regional supplements, adopted by the U.S. Army Corps of Engineers. The city of Poulsbo uses the Department of Ecology’s Washington State Wetland Rating System for Western Washington, 2014 Update (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 generally designated as in Section 16.20.215.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.215 Regulated and nonregulated wetland classification.

A. Regulated Wetlands.

1. Category I Wetlands. Category I wetlands are those that: (a) represent a unique or rare wetland type; or (b) are more sensitive to disturbance than most wetlands; or (c) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (d) provide a high level of function. Category I wetlands include relatively undisturbed estuarine wetlands larger than one acre, wetlands with a high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR, bogs, mature and old-growth forested wetlands larger than one acre, wetlands in coastal lagoons, interdunal wetlands that score eight or nine habitat points and are larger than one acre, and wetlands that perform many functions very well as demonstrated by a score of twenty-three to twenty-seven total points.

2. Category II Wetlands. Category II wetlands are difficult, though not impossible, to replace, and provide a moderately high level of functions. Category II wetlands include estuarine wetlands smaller than one acre or disturbed and larger than one acre, interdunal wetlands greater than one acre or are a mosaic of interdunal wetlands that are one acre or larger, and wetlands that perform functions well as demonstrated by a score of twenty to twenty-two.

3. Category III Wetlands. Category III wetlands are wetlands with a moderate level of function as demonstrated by a score of sixteen to nineteen points, and interdunal wetlands between one-tenth and one acre.

4. Category IV Wetlands. Category IV wetlands have the lowest levels of functions as demonstrated by a score of nine to fifteen points and are often heavily disturbed.

5. Wetlands intentionally created from nonwetland areas to mitigate conversion of other wetlands.

B. Nonregulated Wetlands (RCW 36.70A.030).

1. Created Wetlands. Wetlands created intentionally from a nonwetland site that were not required to be constructed as mitigation for adverse wetland impacts. These may include, but are not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds as defined in this chapter, and landscape amenities.

2. Road-Construction-Related Wetlands. Wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. The applicant shall bear the burden of proving that the wetland meets these criteria.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.220 Application requirements.

A. Application Procedures for New Development. Any new development on a parcel or parcels containing a regulated wetland or its buffer, or within three hundred feet of a wetland or its buffer, shall provide the special reports listed below, as required by the department, prior to any development authorization by the department:

1. Wetland assessment report (Section 16.20.725), if wetlands or buffers are within three hundred feet but outside of the parcel or parcels and no buffer impacts, reductions, or setback intrusions are proposed;

2. Wetland delineation report (Section 16.20.730) if wetland or buffers occur within the parcel or parcels;

3. Wetland mitigation plan (Section 16.20.735), if wetland or buffer impacts are anticipated or if the director requires buffer enhancement; and

4. Erosion and sedimentation control measures as required by Poulsbo Municipal Code construction and development standards contained in Chapter 12.02.

The director may require additional reports or information to further identify potential impacts to any part of the environment.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.225 Determination of wetland boundaries.

A. Wetland delineation shall be conducted and results reviewed according to the requirements of the U.S. Army Corps of Engineers federal wetland delineation manual and applicable regional supplements. The applicant shall be responsible for hiring a qualified wetlands specialist to determine the wetland boundary through a field survey. This specialist shall stake or flag the wetland boundary. For all new development, and as required by the director, this line shall be surveyed by a professional land surveyor licensed in the state of Washington or recorded using a differential global positioning system. In the event that a global positioning system is used, wetland boundary information, including position accuracies, shall be provided to the city in an electronic data format acceptable to the city. The regulated wetland boundary and regulated buffer shall be identified on all grading, landscaping, site, utility or other development plans submitted in support of the project.

B. Where the applicant has provided a delineation of a wetland boundary, the director shall require peer-reviewed verification of the wetland boundary by a qualified wetlands specialist at the cost of the applicant, and may require that adjustments to the boundary be made by a wetlands specialist. If a consensus cannot be reached between the applicant and the city of Poulsbo with respect to the location of the wetland boundary, the city may request assistance from the Department of Ecology.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.230 Wetland and buffer development standards.

For the purpose of this chapter, a regulated wetland and its buffer is a critical area.

A. Buffers. Buffers shall be undisturbed native species vegetation areas appropriate to the ecoregion, for the purpose of protecting the integrity, function, and value of wetland resources. If the existing buffer does not consist of vegetation adequate to provide the necessary protection, then either the buffer area should be planted or the buffer width should be increased. Any buffer enhancement proposed shall be through an approved buffer enhancement plan. No uses or activities shall be allowed within the buffer unless as otherwise allowed or permitted by this section. If the buffer has previously been disturbed, the director may require the disturbed buffer area be revegetated pursuant to an approved buffer enhancement plan (see also Section 16.20.740). No refuse, including but not limited to household trash, yard waste and commercial/industrial refuse, shall be placed in the buffer.

B. Impact of Land Use. Different land use intensities can result in high, moderate, or low levels of impact to adjacent wetlands and buffers. Types of land uses are categorized into impact levels as shown on the following table:

Table 16.20.230.A—Types of Land Uses
Level of Impact from Land Use	Types of Land Uses Based on Common Use Categories
High	Residential uses (greater than one unit per acre); schools; churches; public facilities, public/private services and government administrative uses (excluding parks, rights-of-way and utilities); lodging uses; personal, professional, product and automotive services; health care services; commercial and sales uses; animal clinics and kennels; marine-related uses; industrial uses; restaurant uses; museum, club and recreation hall uses; high-intensity parks, outdoor and indoor recreation (golf courses, ballfields, tennis clubs, swimming pools, etc.); conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.); solar farms.
Moderate	Residential uses (less than one unit per acre); moderate-intensity parks and outdoor recreation (parks with biking, jogging, etc.); conversion to moderate-intensity agriculture (orchards, hay fields, etc.) and paved trails; building of logging roads; utility corridor or right-of-way shared by several utilities and including access/maintenance road.
Low	Forestry (cutting of trees only); low-intensity parks and open space (hiking, bird-watching, preservation of natural resources, etc.) and unpaved trails; utility corridor without a maintenance road and little or no vegetation management.

C. Buffer Widths. All regulated wetlands shall be surrounded by a buffer as follows, based upon Appendix 8-C, Section 8C.2.3 of Wetlands in Washington State—Volume 2: Guidance for Protecting and Managing Wetlands (Ecology Publication No. 05-06-008):

Table 16.20.230.B—Wetland Buffer Width Standards
Wetland Category and Characteristics	Buffer Width Standards	Other Measures Recommended for Protection
Category I
Wetlands with a High Conservation Value Low Impact Use Moderate Impact Use High Impact Use	125 feet 190 feet 250 feet	No additional surface discharges to wetland or its tributaries No septic systems within 300 feet of wetland Restore degraded parts of buffer
Bog Low Impact Use Moderate Impact Use High Impact Use	125 feet 190 feet 250 feet	No additional surface discharges to wetland or its tributaries Restore degraded parts of buffer
Forested	Buffer to be based on score for habitat functions or water quality functions	If forested wetland scores high for habitat, need to maintain connections to other habitat area Restore degraded parts of buffer
Estuarine Low Impact Use Moderate Impact Use High Impact Use	100 feet 150 feet 200 feet	No recommendations at this time
Coastal lagoon Low Impact Use Moderate Impact Use High Impact Use	100 feet 150 feet 200 feet	No recommendations at this time
Habitat score from 8—9 points Low Impact Use Moderate Impact Use High Impact Use	150 feet 225 feet 300 feet	Maintain connections to other habitat areas Restore degraded parts of buffer
Interdunal with habitat score 8—9 points Low Impact Use Moderate Impact Use High Impact Use	150 feet 225 feet 300 feet	Maintain connections to other habitat areas Restore degraded parts of buffer
Habitat score from 6—7 points Low Impact Use Moderate Impact Use High Impact Use	75 feet 110 feet 150 feet	No recommendations at this time
Score for water quality 8—9 points and habitat score of less than 6 points Low Impact Use Moderate Impact Use High Impact Use	50 feet 75 feet 100 feet	No additional surface discharges of untreated runoff
Category I wetlands not meeting any of the criteria Low Impact Use Moderate Impact Use High Impact Use	50 feet 75 feet 100 feet	No recommendations at this time
Category II
Estuarine Low Impact Use Moderate Impact Use High Impact Use	75 feet 110 feet 150 feet	Maintain connections to other habitat areas
Interdunal Low Impact Use Moderate Impact Use High Impact Use	75 feet 110 feet 150 feet	No recommendations at this time
Habitat score from 8—9 points Low Impact Use Moderate Impact Use High Impact Use	150 feet 225 feet 300 feet	Maintain connections to other habitat areas
Habitat score from 6—7 points Low Impact Use Moderate Impact Use High Impact Use	75 feet 110 feet 150 feet	No recommendations at this time
Score for water quality 8—9 points; habitat score less than 6 points Low Impact Use Moderate Impact Use High Impact Use	50 feet 75 feet 100 feet	No additional surface discharges of untreated runoff
Category II wetlands not meeting any of the criteria above Low Impact Use Moderate Impact Use High Impact Use	50 feet 75 feet 100 feet	No recommendations at this time
Category III
Habitat score from 8—9 points: use Category II buffers with habitat score 8—9 points
Habitat score 6—7 points Low Impact Use Moderate Impact Use High Impact Use	75 feet 110 feet 150 feet	No recommendations at this time
Habitat score 3—5 points Low Impact Use Moderate Impact Use High Impact Use	40 feet 60 feet 80 feet	No recommendations at this time
Category IV
Habitat score for all 3 functions is less than 16 points Low Impact Use Moderate Impact Use High Impact Use	25 feet 40 feet 50 feet	No recommendations at this time

D. Buffer Measurement. All buffers shall be measured on a horizontal plane from the regulated wetland edge as marked in the field by the wetlands specialist.

E. Buffer Width Averaging. The widths of buffers may be averaged if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. Averaging may not be used in conjunction with any of the other provisions for reductions of buffers in subsection F of this section.

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 wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower-rated area.

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

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

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

2. Averaging to allow reasonable use of a parcel 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.

b. The averaged buffer demonstrates no net loss of wetland’s functions and values as verified in a mitigation report by a qualified wetland specialist.

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

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

F. Decreasing Buffer Widths. Per Section 8C.2.4.1 of Appendix 8-C, Wetlands in Washington State—Volume 2, wetland buffer widths required for “high” intensity land uses can be reduced to those required for “moderate” intensity land uses (see Tables 16.20.230.A and 16.20.230.B) under the following conditions:

1. For wetlands that score moderate or high for habitat (six to nine points for the habitat score), the width of the buffer can be reduced by no more than twenty-five percent if both of the following criteria are met:

a. A relatively undisturbed, vegetated corridor at least one hundred feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wild-life. “Relatively undisturbed” and “habitat corridor” are defined in the Western Washington Wetland Rating System. Priority habitats within the city may include:

i. Wetlands;

ii. Riparian zones;

iii. Cliffs;

iv. Estuary/estuary-like;

v. Marine/estuarine shorelines;

vi. Biodiversity and corridors. 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.

b. Measures to minimize the impacts of different land uses on wetlands, such as the examples in Table 16.20.230.C, are applied.

2. For wetlands that score less than six points for habitat, the buffer width can be reduced by no more than twenty-five percent applying measures to minimize the impacts of the proposed land uses, such as the examples in Table 16.20.230.C.

Table 16.20.230.C—Examples of Measures to Minimize Impacts to Wetlands from Different Types of Activities
Examples of Disturbances	Activities and Uses That Cause Disturbances	Examples of Measures to Minimize Impacts
Lights	Parking lots, warehouses, commercial, manufacturing, residential areas	Direct lights away from wetland.
Noise	Manufacturing, commercial, residential areas	Locate activity that generates noise away from wetland.
Toxic runoff*	Parking lots, roads, manufacturing, commercial, residential areas, landscaping	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	Parking lots, roads, manufacturing, residential areas, commercial, landscaping	Retrofit stormwater detention and treatment for roads and existing adjacent development. Prevent channelized flow from lawns that directly enter the buffer.
Change in water regime	Impermeable surfaces, lawns, clearing and grading	Infiltrate or treat, detain and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and human disturbance	Residential areas	Use privacy fencing; 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.
Dust	Clearing and grading	Use best management practices to control dust.

*	These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present.

3. Decision Criteria. Prior to approval, a buffer reduction proposal shall meet all of the decisional criteria listed below.

a. It will provide an overall improvement in water quality protection for the wetland; and

b. It will not adversely affect fish or wildlife species and will provide an overall enhancement to fish and wildlife habitat; and

c. It will provide a net improvement in drainage and/or stormwater detention capabilities; and

d. All exposed areas are stabilized with native vegetation, as appropriate; and

e. It will not lead to unstable earth conditions or create an erosion hazard; and

f. It will not be materially detrimental to any other property or the city as a whole.

G. Increasing Buffer Widths. The director 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, per Section 8C.2.5 of Appendix 8-C, Wetlands in Washington State, Volume 2. This determination shall be made only when the director demonstrates any one of the following through appropriate documentation:

1. The wetland site has known locations of endangered or threatened species, the width of the buffer should be increased to provide adequate protection for the species based on the requirements in Section 8C.2.5.3, as revised, of the Wetlands in Washington State, Volume 2;

2. The adjacent land is susceptible to severe erosion and erosion control measures alone will not effectively prevent adverse wetland impacts; and

3. The adjacent land on the development proposal site has minimal vegetative cover or slopes greater than thirty percent.

H. Building or Impervious Surface Setbacks. A building or impervious surface setback of fifteen feet is required from the edge of any wetland buffer. Minor structural or impervious surface intrusions into the areas of the setback, such as but not limited to fire escapes, open/uncovered porches, landing places, outside walkways, outside stairways, retaining walls, fences and patios, may be permitted if the department determines upon review of an analysis of buffer functions submitted by the applicant that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan.

I. Signs and Fencing of Wetlands. This subsection applies to those wetlands and their buffers that are within three hundred feet of regulated development activities:

1. Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the director, 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.

2. The director may require that permanent signs and/or fencing be placed on the common boundary between a wetland buffer and the adjacent land. Such signs will identify the wetland buffer and may be required to contain other information related to wetland protection. The director may approve an alternative method of wetland and buffer identification if it provides adequate protection to the wetland and buffer.

J. Buffer Enhancement Plan. When a buffer is proposed to be averaged, reduced or increased, the applicant shall submit a buffer enhancement plan prepared by a qualified wetland specialist, and in conjunction with a mitigation plan, if required. The report shall assess the habitat, water quality, stormwater detention, groundwater recharge, shoreline protection, and erosion protection functions of the buffer; and assess the effects on those functions. The buffer enhancement plan shall also provide the following:

1. A map detailing the specific area of enhancement that shows the elevation contours of the site;

2. A planting plan that uses native plant species indigenous to this region including groundcover, shrubs and trees and designed to provide intensive vegetative planting to result in improved habitat and the screening of the wetland from adjacent disturbances;

3. Provisions for monitoring and maintenance over the monitoring period as required under Section 16.20.740.

4. The buffer enhancement plan shall document how the buffer will enhance the functions and values of the wetland. The planting plan shall be reviewed by a third-party consultant hired by the city at the applicant’s expense, or by state resource agency staff person with the appropriate expertise. Such a review will include evaluation of the accuracy and scientific validity of the enhancement plan, and provide written comments including recommendations for additional documentation or revisions.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.235 Additional development standards.

In addition to meeting the development standards in Section 16.20.230, the regulated uses identified below shall also comply with the standards of this section and other applicable state, federal and local ordinances.

A. Docks. Construction of a dock, pier, moorage, float or launch facility may be permitted subject to criteria in the city’s shoreline master program.

B. Forest Practice, Class IV General, and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this chapter, including the maintenance of buffers around regulated wetlands.

C. Agricultural Restrictions. In all development proposals which would permit introduction or expansion of agricultural uses, damage to regulated wetlands shall be avoided, and will be regulated as a development activity subject to the provisions of this section.

D. Road/Street Repair and Construction. Public road or street repair, maintenance, expansion or construction may be allowed in wetlands or wetland buffers subject to the following development standards:

1. No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties wherever possible;

2. Publicly owned or maintained road or street crossings provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

3. The road or street repair and construction are the minimum necessary to provide safe roads and streets;

4. Mitigation shall be performed in accordance with this chapter and specific project mitigation plan requirements; and

5. Before beginning work in-water or within wetlands, it shall be the responsibility of the agency to ensure that all other required state and federal approvals have been obtained.

E. Surface Water Management Low Impact Development (LID). A wetland or its buffer can be physically or hydrologically altered to meet the requirements of a stormwater management runoff treatment, LID or flow control best management practices (BMP), if the following criteria are met:

1. The Category III or IV wetland has a habitat score of three to five points; and no other location is feasible; and

2. There will be “no net loss” of functions and values of the wetland, and the location of such facilities will not degrade the functions or values of the wetland; and

3. The wetland does not contain a breeding population of any native amphibian species; and

4. 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 “Guide for Selecting Mitigation Sites Using a Watershed Approach” (http://www.ecy.wa.gov/biblio/0906032.html); 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

5. The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing; and

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; and

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.

A site-specific characterization through a wetland report is required to determine if an LID best management practice (BMP) is feasible for a project site and all of the criteria above are met. The special wet-land report shall be prepared consistent with Section 16.20.725 and will be verified through peer review.

A wetland hydrology monitoring plan prepared by a qualified wetland specialist shall be required. 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 peer review.

F. Trails and Trail-Related Facilities. Construction of public trails and trail-related facilities, such as benches and viewing platforms, may be allowed in wetlands or wetland buffers pursuant to the following guidelines:

1. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas outside of the buffer.

2. Trails and related facilities that are outside of the buffer shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat.

3. Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbances of wildlife habitat and/or critical characteristics of the affected wetland.

4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers, they should be located in the outer twenty-five percent of the wetland buffer area as much as feasible, except where wetland crossings or viewing areas have been approved.

5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the director. Trails shall be constructed with pervious materials unless otherwise approved by the director and located in the outer twenty-five percent of the wetland buffer area as much as feasible.

6. Mitigation may be required to replace native vegetation removed for trail construction or enhance remaining areas of degraded buffer.

G. Utilities in Wetlands or Wetland Buffers.

1. The utility development authorized in Section 16.20.120 shall be allowed, subject to best management practices in wetlands and wetland buffers.

2. Construction of new utilities outside the road right-of-way or existing utility corridors or easements may be permitted in wetlands or wetland buffers, only when no reasonable alternative location is available and the utility corridor or easement meets the requirements for installation, replacement or vegetation and maintenance outlined below, and as required in the filing and approval of applicable permits and special reports (Section 700 of this chapter) required by this chapter.

3. Sanitary Sewer or On-Site Sewage Utility. Construction of sanitary sewer lines or on-site sewage systems may be permitted in regulated wetland buffers only when: (a) 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 (b) there are no other practicable or reasonable alternatives available and construction meets the requirements of this section. Joint use of the sanitary sewer utility easement by other utilities may be allowed.

4. New utility corridors or easements 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 or easement will not significantly impact the wetland or wetland buffer.

5. New utility corridor or easement construction and maintenance shall protect the regulated wetland and buffer environment by utilizing the following methods:

a. New utility corridors or easements shall be aligned when possible to avoid cutting trees greater than twelve inches in diameter at breast height (four and one-half feet), measured on the uphill side.

b. New utility corridors or easements shall be revegetated with appropriate native vegetation at pre-construction 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.

c. Any additional utility corridor or easement 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 fifteen 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.

d. The director may require other additional mitigation measures.

6. Utility corridor maintenance shall include the following measures to protect the regulated wetland and buffer environment:

a. Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, nor should lead-based paints be used.

b. No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the EPA and the Department of Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label.

7. Before beginning work in-water or within wetlands, it shall be the responsibility of the utility to ensure that all other required state and federal approvals have been obtained.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.240 Wetland alterations.

A. Mitigation Sequencing. All regulated development activities proposed to impact wetlands or buffers shall be mitigated according to this title subject to the following sequential order (WAC 197-11-768). The applicant shall demonstrate to the satisfaction of the review authority that each step of this sequence has been adequately addressed prior to approving or permitting impacts to wetlands under this chapter.

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 during the life of the action;

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

6. Monitoring the impact and taking appropriate corrective measures; or

7. Mitigating for individual actions may include a combination of the above measures.

B. Mitigation for Regulated Activities in Wetland Buffers. A specific mitigation plan is required and the requirements are provided in Section 16.20.725. Appropriate implementation and timing of the mitigation plan shall be included as conditions of approval of the underlying land use permit.

C. Mitigation for Regulated Activities in Wetlands. Compensatory mitigation shall be required for regulated activities that result in the loss of wetland acreage or in the reduction of wetland functions or habitat values. A specific mitigation plan is required and the requirements are provided in Section 16.20.725.

1. A compensatory mitigation plan shall be completed. The applicant shall submit a detailed mitigation plan for compensatory mitigation to the department.

2. The detailed mitigation plan shall be prepared, signed, and dated by the wetlands specialist to indicate that the plan is in accordance with specifications as determined by the wetlands specialist. A signed original mitigation plan shall be submitted to the department.

3. Approval of the detailed mitigation plan shall be signified through conditions of approval of the underlying land use permit and requiring appropriate implementation and timing of the mitigation plan.

4. The mitigation project shall be completed according to a schedule agreed upon between the department and the applicant as included in the wetland mitigation plan and conditions of approval.

5. Wetland mitigation shall occur according to the approved wetland mitigation plan and shall be consistent with provisions of this chapter and title.

6. A wetlands specialist shall be on site during construction and plant installation phases of all mitigation projects.

7. On completion of construction for the wetland mitigation project, the wetlands specialist shall submit an as-built report to the department for review and approval.

D. Wetland Replacement Ratios.

1. The ratios presented here are based on the type of compensatory mitigation proposed (restoration, creation/establishment, or enhancement). These types of compensatory mitigation, listed in order of preference, are defined as follows:

a. Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into:

i. Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.

ii. Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes of a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function but does not result in a gain in aquatic resource area.

b. Establishment (Creation). The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area and functions.

c. Preservation. The removal of a threat to, or preventing the decline of aquatic resources, by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms (such as recording conservation easements and providing structural protection like fences and signs). Preservation does not result in a gain of aquatic resource area or functions. Replacement ratios for preservation will be determined on a case-by-case basis, depending on the quality of the wetlands being lost or degraded and the quality of the wetlands being preserved.

d. Enhancement. The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify or improve specific aquatic resource function(s). Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention or wild-life habitat. Activities typically consist of planting vegetation, controlling nonnative or noxious weeds (Class A and B), modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these. Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area; can lead to a decline in other wetland functions, but does not result in a gain in wetland.

2. The ratios appearing in Table 16.20.240, Wetland Mitigation Replacement Ratios, as found in Wetland Mitigation in Washington State—Part 1: Agency Policies and Guidance Version 2 (Ecology Publication No. 21-06-003). These ratios shall be used to determine the appropriate amounts of restored, established, or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area requiring restoration, establishment, or enhancement and the second number specifies the amount of wetland area altered.

Table 16.20.240—Wetland Mitigation Replacement Ratios
Wetland Category	Reestablishment or Creation	Rehabilitation Only	Preservation	Enhancement Only
All other Category IV wetlands	1.5:1	3:1	6:1	6:1
Category III and IV interdunal wetlands	1.5:1	3:1 (limited circumstances)	6:1	Not considered an option*
All other Category III wetlands	2:1	4:1	8:1	8:1
All other Category II wetlands	3:1	6:1	12:1	12:1
Category II estuarine	4:1 (reestablishment only)	8:1	16:1	Case-by-case
Category II coastal lagoon	3:1 (reestablishment only)	6:1	12:1	Not considered an option*
Category II interdunal	2:1	4:1 (limited circumstances)	8:1	Not considered an option*
All other Category I wetlands	4:1	8:1	16:1	16:1
Category I forested	6:1	12:1	24:1	24:1
Category I estuarine	4:1 (reestablishment only)	8:1	16:1	Case-by-case
Category I interdunal	4:1	8:1 (limited circumstances)	16:1	Not considered an option*
Category I coastal lagoon	4:1 (reestablishment only)	8:1	16:1	Not considered an option
Bogs	N/A	N/A	24:1	N/A
Wetlands of high conservation value	Consult with WA DNR	Consult with WA DNR	24:1	Consult with WA DNR

*	Due to the dynamic nature of interdunal systems, enhancement is not considered an ecologically appropriate action.
**	Natural heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some special functions that cannot be replaced through compensatory mitigation. Impacts to such wetland would therefore result in a net loss of some functions no matter what kind of compensation is proposed.

3. The director may increase or decrease the ratios based on one or more of the following:

a. Replacement ratios may be increased under the following circumstances:

i. Uncertainty exists as to the probable success of the proposed restoration or creation;

ii. A significant period of time will elapse between impact and establishment of wetland functions at the mitigation site;

iii. Proposed compensation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

iv. The impact was an unauthorized impact.

b. Replacement ratios may be decreased under the following circumstances:

i. Documentation by a wetland specialist demonstrates that the proposed compensation actions have a very high likelihood of success based on prior experience. For example, demonstrated prior success with similar compensation actions as those proposed, and/or extensive hydrologic data to support the proposed water regime;

ii. Documentation by a qualified wetland specialist demonstrates that the proposed compensation actions will provide functions and values that are significantly greater than the wetland being impacted; or

iii. The proposed mitigation actions are conducted in advance of the impact and are shown to be successful.

c. Compensatory mitigation should not result in the creation, restoration or enhancement of an atypical wetland. An atypical wetland is defined as a wetland whose design does not match the type of wetland that would be found in the geomorphic setting of the proposed site (i.e., the water source(s) and hydroperiod proposed for the mitigation site are not typical for the geomorphic setting). Any designs that provide exaggerated morphology (such as excavating a permanently inundated pond in a seasonally saturated or inundated wetland) or require a berm or engineered structures to hold back water would be considered atypical.

E. Compensatory 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 in-kind and either on site, or within the same stream reach, sub-basin, or drift cell (if estuarine wetlands are impacted). Compensatory mitigation actions 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-sub-drainage-basin opportunities (e.g., on-site options would require elimination of high-functioning upland habitat), or on-site and in-sub-drainage-basin opportunities do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts; and

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

3. Off-site locations shall be in the same subdrainage basin unless:

a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city or Kitsap County and strongly justify location of mitigation at another site;

b. Credits from a state-certified wetland mitigation bank are used as compensation and the use of credits is consistent with the terms of the bank’s certification; or

c. Fees are paid to an approved in-lieu-fee program to compensate for the impacts.

F. Advance Mitigation. Compensatory mitigation in advance of proposed impacts may be allowed on a case-by-case basis where the applicant demonstrates consistency with approved state and/or federal advance mitigation programs and policies. Approval of an advance mitigation plan is not a guarantee of future project approval or authorization.

G. Monitoring Requirements. The city of Poulsbo shall require monitoring reports on an annual basis for a minimum of five years and up to ten years, or until the director determines that the mitigation project has met the performance standards specified in the wetland mitigation plan. The wetland mitigation plan shall provide specific performance standards for monitoring the mitigation project. The performance standards shall be project-specific and use best available science to aid the director in evaluating whether or not the project has achieved success.

(Ord. 2025-19 § 2 (Exh. A), 2025)