The purposes of this article are to:
(1) 
Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting 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, retention and transformation of sediments, nutrients, and toxicants.
(2) 
Regulate land use to avoid adverse effects on wetlands and maintain the functions, services, and values of freshwater and estuarine wetlands throughout Jefferson County.
(3) 
Establish review procedures for development proposals in and adjacent to wetlands.
(4) 
Establish minimum standards for identifying and delineating wetlands.
(Ord. 5-20 § 2 (Appx. A))
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.
(1) 
Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject to the provisions of this article.
(2) 
Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in that publication. These categories are generally defined as follows:
(a) 
Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/Washington Department of Natural Resources; (iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; (vi) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland types; (ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of functions.
(b) 
Category II. These wetlands are: (i) estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total).
(c) 
Category III. These wetlands are (i) those with moderate level of functions (scoring between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-planned mitigation project. 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.
(d) 
Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, so they should be protected to some degree.
(3) 
Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria are met:
(a) 
The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water;
(b) 
The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices;
(c) 
The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or a FWHCA buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA;
(d) 
The wetland is not located within a floodplain;
(e) 
The wetland is not within the jurisdiction of the county shoreline master program;
(f) 
The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system; and
(g) 
The wetland does not score five or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of Ecology).
In addition, mitigation in the form of enhancement or expansion of another part of the buffer should be considered in order to offset any expansion of a nonconforming use or structure.
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require mitigation.
(4) 
General. Application for a project on a parcel of real property containing a designated wetland shall adhere to the requirements in this section.
(a) 
Types of Wetland Evaluations. An applicant submitting an application for a development, use, or activity on lands determined to be wetland shall also submit, and have approved, a wetland evaluation prepared based on results of an on-site field investigation conducted by a qualified wetland professional using wetland delineation manuals specified in this section. The wetland evaluation shall be completed based on the following:
(i) 
Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component.
(ii) 
Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction-related activities or are within the proposed limits of clearing. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by subsection (2) of this section, for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter.
(b) 
If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category.
(Ord. 5-20 § 2 (Appx. A))
(1) 
Activities Subject to Regulation. Any land use or development activity shall be subject to the provisions of this article, including, but not limited to, the following activities that are directly undertaken or originate in a regulated wetland, unless exempted under JCC § 18.22.230:
(a) 
The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails;
(b) 
The dumping or discharging of any material, or placement of any fill;
(c) 
The draining, flooding, or disturbing of the wetland water level or water table;
(d) 
The driving of pilings;
(e) 
The placing of anything that obstructs water movement, including but not limited to surface water flow, surface water runoff, or groundwater infiltration;
(f) 
The construction, reconstruction, or expansion of any structure;
(g) 
The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter existing wetland conditions; or
(h) 
The alteration or modification of water quality or water quantity.
(2) 
Requirements for Waiver for Single-Family Residence. The requirement for a wetland evaluation may be waived by the administrator for construction of a single-family residence on an existing lot of record if department staff or a qualified wetland evaluator determines that:
(a) 
Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and
(b) 
The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary.
(Ord. 5-20 § 2 (Appx. A))
The following activities may be permitted in wetlands or wetland buffers as specified when all reasonable measures have been taken to avoid adverse effects on wetland functions and values as documented through a wetland report prepared by a qualified wetland specialist. Compensatory mitigation is required for all adverse impacts to wetlands that cannot be avoided. To the maximum extent practicable, impacts to buffers shall be minimized and any disturbed buffer areas shall be immediately restored except as specifically allowed.
(1) 
Utility lines in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible conveyance alternative is available shall be designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the following:
(a) 
The utility line is located as far from the wetland edge or buffer as possible and in a manner that minimizes disturbance of soils and vegetation.
(b) 
Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line and the area is restored following utility installation.
(c) 
Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface and subsurface drainage. This may include regrading to the approximate original contour or the use of trench plugs or other devices as needed to maintain hydrology.
(d) 
Best management practices are used in maintaining said utility corridors such that maintenance activities do not expand the corridor further into the critical area.
(2) 
Public roads or bridges in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible alternative alignment is available and the road or bridge is designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, including placement on elevated structures as an alternative to fill, where feasible.
(3) 
Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, provided there are no feasible alternative alignments and measures are taken to maintain preconstruction hydrologic connectivity across the access road. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.
(4) 
Low-impact, passive recreational activities may be constructed, such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing or hunting, provided construction is limited to the outer 25 percent of the buffer. Trails within buffers shall be designed to minimize impacts to the wetland and shall not include any impervious surfaces and avoid removal of significant trees.
(5) 
Stormwater management within the buffers of only Category III and IV wetlands with habitat scores of 3 to 4 points are allowed provided the management techniques follow published guidelines for stormwater management in wetlands by the Washington Department of Ecology and are vegetation-lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative locations. Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary.
(6) 
Wetland Buffer Widths.
(a) 
The standard buffer shall be based on a combination wetland category, habitat function score (from the wetland rating form), and land use intensity. The intensity of the land use shall be determined in accordance with the definitions as listed below unless the technical administrator determines that a lesser level of impact is appropriate based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact on the wetland than that contemplated under the buffer standard otherwise appropriate for the land use.
The administrator shall have the authority to require buffers from the edges of all wetlands, in addition to the building setback in accordance with the following.
(b) 
Wetland buffers shall be established to protect the integrity, functions, and values of the wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by the wetland boundary based on the base buffer width identified in Table 18.22.730(1)(a). Buffers shall not include areas that are functionally and effectively disconnected from the wetland by an existing, legally established road or another substantial developed surface.
(c) 
The buffer standards required by this article presume the existence of a dense, multi-storied native vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the technical administrator may increase the standard buffer, require buffer planting or enhancement, or deny a proposal for buffer reduction or buffer averaging.
(d) 
Standard buffer widths are shown in Table 18.22.730(1)(a). However, for Category I or II wetlands with "special characteristics" as determined and defined through the Washington Department of Ecology (2014) Wetland Rating System as it exists now or may be amended in the future (including estuarine, coastal lagoons, wetlands of high conservation value, bogs, forested, and interdunal wetlands), only buffers in the highest habitat score (8 to 9) group are applied.
(i) 
The prescribed buffer widths are based the wetland category (I, II, III, IV) as determined by the scoring results on the rating form for the wetland rating system and the expected level of impact of the proposed adjacent land use.
"High intensity land use" means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high intensity recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices, including the building of logging roads. A high intensity land use may become a moderate intensity land use where required measures to minimize impacts in Table 18.22.730(1)(b) are made part of the proposal and where a buffer condition is well vegetated per subsection (9) of this section criteria.
"Low intensity land use" means land use that includes the following uses or activities: forestry (cutting of trees only), low intensity open space (such as passive recreation and natural resources preservation), utility corridor without a maintenance road and little or no vegetation management and unpaved trails. Low intensity uses incorporate features in Table 18.22.730(1)(b) by the nature of their use.
"Moderate intensity land use" means land use that includes the following uses or activities: residential (one unit/gross acre or less), moderate intensity open space (parks), moderate intensity new agriculture (such as orchards and hay fields), utility corridor or right-of-way shared by several utilities and including access/maintenance roads and paved trails.
The administrator may determine, on the basis of detailed information from the applicant about the site conditions, scope, and intensity of the proposed development, that the proposed land use will have a lesser level of impact on the wetland than indicated by similar land uses on the list.
Table 18.22.730(1)(a). Standard Wetland Buffer Widths
Land Use Intensity
Wetland Category
Habitat Function Score
High Impact Buffer Width (feet)
Moderate Impact Buffer Width (feet)
Low Impact Buffer Width (feet)
Category I
8 – 9
6 – 7
<3 – 5
300
150
100
225
110
75
150
75
50
Category II
8 – 9
6 – 7
<3 – 5
300
150
100
225
110
75
150
75
50
Category III
8 – 9
6 – 7
<3 – 5
300
150
80
225
110
60
150
75
50
Category IV
All
50
40
25
Table 18.22.730(1)(b). Required Measures to Minimize Impacts to Wetlands
(All 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 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
(7) 
Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of the wetland buffer shall be identified as follows:
(a) 
The outer extent of the wetland buffer shall be flagged on site.
(b) 
In the case of short plat, long plat, and binding site plan, the applicant shall include on the face of any such plan the boundary of the wetland and its buffer.
(c) 
For all other approvals, the administrator shall have the authority to require a notice to title be recorded on the property by the property owner prior to any permits may be issued.
(d) 
The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the activity is proposed on public lands.
(8) 
Buffers – Standard Requirements.
(a) 
The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article, and in accordance with the following criteria:
(i) 
Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as marked in the field during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images.
(ii) 
Functionally isolated buffer areas will be subject to wetland evaluation to determine protective functions such as whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In instances where substantial wildlife use is documented, the area shall be retained as buffer despite being otherwise isolated or disconnected from the wetland.
(iii) 
When a buffer is on a slope steeper than 30 percent, or lacks adequately dense and diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer averaging.
(9) 
Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(c) when implementing listed impact-reducing measures on the adjacent land use per Table 18.22.730(1)(b) and requiring a protected vegetated corridor between the wetland and a priority habitat or relatively undisturbed area, if present. Other buffer reductions may be allowed upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland. The administrator shall have the authority to reduce the prescribed buffer widths listed in the Table 18.22.730(1)(a); provided, all of the following shall apply:
(a) 
The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the standard buffer;
(b) 
The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the required buffer, or 25 feet, whichever is greater;
(c) 
The applicant implements reasonable measures to reduce the adverse impacts of structures and appurtenances on the subject parcel as determined by the administrator; and
(d) 
Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as approved by the administrator.
Table 18.22.730(1)(c).
Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures
Wetland Category
Habitat Function
High Impact Buffer Width
I
8 – 9
225
6 – 7
110
<3 – 5
75
II
8 – 9
225
6 – 7
110
<3 – 5
75
III
8 – 9
225
6 – 7
110
3 – 5
60
IV
all
40
(10) 
Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland, the administrator shall have the authority to average wetland buffer widths on a case-by-case basis; provided, all of the following shall apply:
(a) 
The buffer averaging does not have any adverse impact on the functions and values of the wetland and provides greater protection of the wetland;
(b) 
The total area contained within the buffer after averaging is no less than that which would be contained within the prescribed buffer, and the buffer boundary remains more or less parallel to the wetland boundary;
(c) 
The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer boundary considers variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer;
(d) 
The minimum buffer width is no less than 75 percent of the standard prescribed buffer width;
(e) 
The buffer width was not already the subject of a buffer reduction; and
(f) 
If area of buffer reduction is composed of native trees that are eight inches in diameter at breast height, the buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar size, age, density, and species composition as that in the area to be reduced.
(11) 
Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to a variance or reasonable economic use exception, as applicable under JCC § 18.22.250 and § 18.22.260 or may pursue a financially bonded critical areas stewardship plan (CASP), as applicable under JCC § 18.22.965; provided, the proposal can meet all CASP financial and other provisions.
(12) 
Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a wetland. Supporting documents that may be used to support this determination include but are not limited to:
(a) 
The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;
(b) 
The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) 
The area adjacent to the wetland is susceptible to erosion or landslide; or
(d) 
The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30 percent.
(Ord. 5-20 § 2 (Appx. A))
The overall goal of mitigation shall be no net loss of wetland function, value, and area.
(1) 
Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated wetlands. When a proposed use or development activity poses potentially significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence.
(a) 
Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) 
Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;
(c) 
Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;
(d) 
Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action;
(e) 
Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments;
(f) 
Monitoring the required compensation and taking appropriate corrective measures when necessary.
(2) 
Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or other approval allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement action pursuant to JCC Title 19, compensatory mitigation shall be required to offset impacts resulting from the actions of the applicant or any code violator.
(a) 
Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or larger than those altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category and Type of Wetland Impacts
Reestablishment or Creation
Rehabilitation Only1
Reestablishment or Creation (R/C) and Rehabilitation (RH)1
Reestablishment or Creation (R/C) and Enhancement (E)1
Enhancement Only1
All Category IV
1.5:1
3:1
1:1 R/C and 1:1 RH
1:1 R/C and 2:1 E
6:1
All Category III
2:1
4:1
1:1 R/C and 2:1 RH
1:1 R/C and 4:1 E
8:1
Category II Estuarine
Case-by-case
4:1
Rehabilitation of an estuarine wetland
Case-by-case
Case-by-case
Case-by-case
All Other Category II
3:1
6:1
1:1 R/C and 4:1 RH
1:1 R/C and 8:1 E
12:1
Category I Forested
6:1
12:1
1:1 R/C and 10:1 RH
1:1 R/C and 20:1 E
24:1
Category I Based on Score for Functions
4:1
8:1
1:1 R/C and 6:1 RH
1:1 R/C and 12:1 E
16:1
Category I Wetlands with High Conservation Value
Not considered possible2
6:1
Rehabilitation of a wetland with high conservation value
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Coastal Lagoon
Not considered possible2
6:1
Rehabilitation of a coastal lagoon
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Bog
Not considered possible2
6:1
Rehabilitation of a bog
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Estuarine
Case-by-case
6:1
Rehabilitation of an estuarine wetland
Case-by-case
Case-by-case
Case-by-case
1 These ratios assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement.
2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed.
Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types.
Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(b) 
Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1).
(c) 
Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above.
(d) 
Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the authority to require the applicant record a notice to title to ensure protection.
(e) 
Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 JCC.
(f) 
The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development.
(3) 
Compensatory Wetland Mitigation – Type, Location, and Timing.
(a) 
Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a wetlands evaluation prepared by a wetlands specialist documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable.
(i) 
Restoration (reestablishment or rehabilitation) is the preferred mitigation option;
(ii) 
Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option;
(iii) 
Enhancement may be approved if restoration or creation are not ecologically viable options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer;
(iv) 
Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on a report prepared by a wetlands specialist, the administrator determines that no other option is ecologically viable.
(b) 
On-site compensation within the same subdrainage basin is preferred. The administrator may approve off-site compensation only if:
(i) 
A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is ecologically preferable;
(ii) 
No reasonable opportunities exist on-site and within the same subdrainage basin;
(iii) 
On-site mitigation would result in the loss of high-quality upland habitats;
(iv) 
Off-site mitigation has a greater likelihood of compensating for project-related impact;
(v) 
On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) 
On-site compensation is not practical due to probable adverse impacts from surrounding land uses; and
(vii) 
Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functional values.
(c) 
Compensation outside of the subdrainage basin may be approved by the administrator if an in-lieu fee program is used.
(d) 
Construction of compensation projects must be timed to reduce impacts to existing wildlife and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species.
(e) 
Compensation must be completed prior to wetland destruction, where feasible.
(4) 
In-Lieu Fee (ILF) Program. An applicant may opt to use an ILF program to compensate for impacts to aquatic resources (critical areas) or buffers based on criteria listed below. Use of an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter.
(a) 
The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the critical area or buffer occur within an ILF program service area. If an impact occurs outside of an ILF program service area, an applicant may request that Jefferson County investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area.
(b) 
The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. The county may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation.
(c) 
The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (i) the applicant has purchased the appropriate number of credits from the sponsoring organization and (ii) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with Jefferson County Code critical areas requirements and the applicable approved in-lieu fee program instrument.
(Ord. 5-20 § 2 (Appx. A); Ord. 9-20 § 2 (Appx. B))[1]
[1]
Code reviser's note: Ord. 9-20 amended Section 18.22.350 as it existed before the repeal and replace of Chapter 18.22 by Ord. 5-20. The provisions addressed by the former 18.22.350 are now found in 18.22.740. The change indicated by Ord. 9-20 was a cross-reference change. That change has been made but otherwise this section reads as laid out in Ord. 5-20.