City of Edgewood, WA Chapter 14.40 WETLANDS

§ 14.40.010 Purpose.

A. The purpose of this chapter is to avoid or, in appropriate circumstances, to minimize, rectify, reduce, or compensate for impacts arising from land development and other activities affecting wetlands, and to maintain and enhance the biological and physical functions and values of wetlands with respect to water quality maintenance, stormwater and floodwater storage and conveyance, fish and wildlife habitat, primary productivity, recreation, education, and historic and cultural preservation. When wetland impacts occur, mitigation will be required to achieve no net loss of wetlands in terms of acreage, function, and value.

B. This chapter is intended to be consistent with the requirements of Chapter 36.70A RCW and to implement the goals and policies of the city's comprehensive plan for protecting wetlands.

(Ord. 17-513 § 3 (Exh. A))

§ 14.40.020 Identification, delineation, mapping, and rating.

A. Designation. All areas within the city meeting the definition of "wetland" in Chapter 14.20 EMC are hereby designated as critical areas.

B. Identification and Delineation.

1. Wetlands shall be identified and delineated by a qualified wetland specialist in accordance with the approved federal wetland delineation manual and applicable regional supplements.

2. A wetland delineation is valid for five years, after which date the city shall require verification that the wetland boundaries and prior conditions have not changed to determine whether a revision or additional assessment is needed.

C. Mapping.

1. The approximate location and extent of verified and potential wetlands are provided and maintained within the city’s Critical Area GIS Database. This database utilized the mapping resources provided in subsection C.2 of this section to establish the potential wetland areas. The Critical Area GIS Database is periodically updated as new information become available.

2. The Critical Area GIS Database is useful as a guide for project applicants and property owners, but may not provide a conclusive or definitive indication of a wetland presence or its extent. Additional resources include National Wetlands Inventory (NWI) from the United States Fish and Wildlife Inventory, the Priority Habitat and Species Map (Washington Department of Fish and Wildlife), FEMA FIRM and Flood Insurance Maps, hydric soils identified in Soil Surveys, etc.

3. Wetlands may exist that do not appear on the maps and some wetlands that appear on the maps may not meet all of the wetland designation criteria. This chapter applies to all wetlands whether they are mapped or not.

D. Rating. Wetlands shall be rated according to the Washington Department of Ecology Wetland Rating System, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update, Version 2.0 (Ecology Publication No. 23-06-009, or as revised and approved by the Department of Ecology). Please note that wetlands located in closed depression basins as mapped in the adopted Comprehensive Surface Water Management Plan are considered important for improving water quality for the purposes of answering Question D3.3 on the Wetland Rating Form.

E. Illegal Modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant's knowledge.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.40.030 Buffer standards – Wetlands.

A. Determining Buffer Widths. The buffer widths in Table 14.40.030.1 have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the wetland rating system identified in EMC § 14.40.020D. Unless otherwise noted, the level of impact from adjacent land use is assumed to be high.

B. Conditions for Implementing Table 14.40.030.1.

1. For wetlands that score six points or more for habitat function, the buffers in Table 14.40.030.1 can be used if all the following criteria are met:

a. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and:

i. A legally protected, relatively undisturbed and vegetated area (e.g., Priority Habitats, compensatory mitigation sites, wildlife areas/refuges, parks where they have management plans with identified areas designated as Natural, Natural Forest, or Natural Area Preserve), or

ii. An area that is the site of a Watershed Project identified within, and fully consistent with, a Watershed Plan as defined by RCW 89.08.460, or

iii. An area with equivalent habitat quality that has conservation status in perpetuity, in consultation with WDFW.

b. The corridor is permanently protected for the entire distance between the wetland and the legally protected area by a conservation easement, deed restriction, or other legal site protection mechanisms.

c. Presence or absence of the Priority Habitat must be confirmed by a qualified biologist.

d. The measures in Table 14.40.030.2 are implemented, where applicable, to minimize the impact of the adjacent land uses.

2. For wetlands that score five or fewer habitat points, only the measures in Table 14.40.030.2 are required for the use of Table 14.40.030.1.

3. The buffer widths in Table 14.40.030.1 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 must either be planted to create the appropriate native plant community or the buffer widened to ensure that the buffer provides adequate functions.

4. If an applicant does not apply the mitigation measures in Table 14.40.030.2 or is unable to provide a protected corridor, then a 33 percent increase in the width of all buffers is required. The buffer width shall be rounded to the highest whole number. For example, a 75-foot buffer with mitigation measures would become a 100-foot buffer without the wetland impact mitigation measures to ensure no net loss of wetland functions.

Table 14.40.030.1 Buffer Standards — Wetlands
Wetland Category	Buffer Width
	Habitat Score 3-5	Habitat Score 6-7	Habitat Score 8-9	Buffer width based on special characteristics
Category I: Based on total score and Forested	75 ft.	110 ft.	225 ft.	N/A
Category I: Bogs and wetlands of high conservation value	N/A	N/A	225 ft.	190 ft.
Category II (all)	75 ft.	110 ft.	225 ft.	N/A
Category III (all)	60 ft.	110 ft.	225 ft.	N/A
Category IV (all)	40 ft.	40 ft.	40 ft.	N/A

Table 14.40.030.2 Wetland Impact Minimization Measures
Disturbance	Activities and Uses That Cause Disturbances	Required Measures to Minimize Impacts
Lights	• Parking lots • Commercial/industrial uses • Residential uses • Recreation (e.g., athletic fields) • Agricultural buildings	• Direct lights away from any wetland • Only use lighting when necessary for public safety, and keep lights off when not needed • Use motion-activated lights where feasible • Use full cut-off filters to cover light bulbs and direct light only where needed • Limit use of blue-white colored lights in favor of red-amber hues • Use lower-intensity LED lighting • Dim light to the lowest acceptable intensity
Noise	• Commercial • Industrial • Recreation (e.g., athletic fields, bleachers, etc.) • Residential • Agriculture	• Locate activity that generates noise away from any wetland • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source
Toxic runoff	• Parking lots • Roads • Commercial/industrial • Residential areas • Application of pesticides • Landscaping • Agriculture	• Route all new, untreated runoff away from any wetland while ensuring the wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetlands • Apply integrated pest management These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site.
Stormwater runoff	• Parking lots • Roads • Residential areas • Commercial/industrial • Recreation • Landscaping/lawns • Other impermeable surfaces, compacted soil, etc. • Retrofit storm water detention and treatment for roads and existing adjacent development	• Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns • Use low impact development (LID) techniques (for more information refer to the drainage ordinance and manual)
Pets and human disturbance	• Residential areas • Recreation	• 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 • Place signs around the wetland buffer every 50 feet and at the back of each residential lot in a subdivision
Dust	• Tilled fields • Roads	• Use BMPs to control dust

C. Modification of Buffer Widths. The buffer widths of subsection A of this section may be decreased through buffer averaging. The standard buffer may also be increased at the sole discretion of the Director.

1. Buffer Averaging. Buffer width averaging requests may be allowed only where the applicant demonstrates all of the following in the critical areas report required pursuant to EMC §§ 14.10.080 and 14.40.070:

a. No feasible alternatives to the site design could be accomplished without buffer averaging.

b. A habitat assessment has been submitted which demonstrates that the site does not provide habitat for any endangered, threatened, or sensitive fish or animal species; or for wetlands and/or required buffers associated with documented habitat for endangered, threatened, or sensitive fish or wildlife species, a habitat assessment has been submitted that demonstrates that the buffer modification will not result in an adverse impact to the species of study;

c. The averaged buffer will not result in the degradation of the wetland functions and values (i.e. no net loss);

d. The wetland contains variations in sensitivity due to existing physical characteristics;

e. The total buffer area after averaging is no less than the buffer area prior to averaging;

f. The minimum buffer width will be no smaller than 75 percent of the buffer width established in subsection A of this section; and

g. The averaging is accomplished within the project boundaries.

2. Buffer Increases. The director may require increased buffer width(s) on a case-by-case basis when a wider buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation shall include but not be limited to the following criteria:

a. A larger buffer is necessary to maintain viable populations of existing species;

b. The wetland is used by, or associated with, species listed by the federal government or the state as endangered, threatened, sensitive, or as documented priority species or habitats, or essential or outstanding potential sites such as heron rookeries or raptor nesting areas;

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

d. The adjacent land has minimal vegetative cover, or slopes greater than 20 percent.

D. Functionally Disconnected Buffer Area. Areas that are functionally and effectively disconnected from the wetland, as described below, by an existing public or private road or legally established significant development may have the standard buffer width modified, as determined by the Department. Department staff shall evaluate whether the interruption will affect the entirety of the buffer. Individual structures may not fully interrupt buffer function. In such cases, the allowable buffer exclusion should be limited in scope to just the portion of the buffer that is affected. A critical areas report shall be submitted pursuant to EMC § 14.10.080 that evaluates whether a development functionally disconnects the buffer, or the extent of that impact, and analyze and document the buffer functionality. For the purpose of this provision:

1.

"Functionally and effectively disconnected"

means that the road or other significant development effectively prevents the protective measures and support functions provided by a buffer, and the isolated portion of the standard buffer would provide insignificant biological, geological, or hydrological functions for the wetland; and

2.

"Significant development"

includes built public infrastructure, such as roads and railroads, and private developments such as homes or commercial structures.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.40.040 Wetland review procedures.

A. Standard Wetland Review. If the department's critical area database indicates that a proposed project may be located within 300 feet of a potential or verified wetland, the applicant shall submit a critical areas report pursuant to EMC § 14.10.080, prepared by a qualified wetland specialist and meeting the requirements of EMC § 14.40.070. The report requirement may be waived if the department determines that there are no potential direct, indirect, or cumulative impacts on the wetland or its buffers that would result from the proposed development.

B. One Principal Dwelling Unit Wetland Review. In lieu of the standard wetland review and critical areas report required under EMC § 14.10.080, an application for a one principal dwelling or those items listed in subsection B.3 of this section in which no encroachment into a regulated wetland or wetland buffer is proposed may utilize the following wetland certification process:

1. Prior to issuance of a building permit or site development permit the applicant shall submit a one-family wetland certification form completed by a wetland specialist that certifies either:

a. No regulated wetlands are present within 300 feet of the project area; or

b. Wetlands are present within 300 feet of the project area, but all regulated activities associated with the dwelling (i.e., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.

2. If regulated wetland buffers extend onto the site and are within 300 feet of the project area, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the Department as verification that the wetland buffer signs have been placed on the site.

3. The one principal dwelling unit certification form may be used only to authorize one principal dwelling and associated homesite features such as one garage, driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications, or violations. The one principal dwelling unit form may not be used to make a claim for exemption under EMC § 14.30.030.

4. The one principal dwelling certification process will be monitored by the Department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.

5. The applicant/property owner assumes responsibility for any and all errors of the one principal dwelling certification form and all associated mitigation imposed by the Department.

6. If wetlands or their associated buffers are determined to be on-site or within 300 feet of the project area, the one principal dwelling certification form shall be filed with the Pierce County Auditor's Office.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.40.050 Allowed activities.

Upon submittal of a critical areas report pursuant to EMC § 14.40.040A, the following activities may be allowed:

A. The three types of wetlands identified in subsections A.1 through 3 of this section are exempt from the requirement to avoid impacts in EMC § 14.10.070B and may be altered if the impacts are fully mitigated based on the remaining mitigation sequencing actions in EMC § 14.10.070B:

1. All Category IV wetlands less than 4,000 square feet that:

a. Are not associated with riparian areas or their buffers;

b. Are not part of a wetland mosaic;

c. Do not score six or more points for habitat functions based on current version of the Washington State Wetland Rating System for Western Washington (Ecology, 2014), or as revised and approved by Ecology;

d. Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife, federally listed species or their critical habitat, or habitats of and species of local importance as identified in Chapter 14.50 EMC.

2. Category IV wetlands less than 1,000 square feet that meet the criteria specified in subsection A.1 of this section.

3. Utility projects within the outer 25% of any wetland buffers which have minor or short-duration impacts, as determined by the department in accordance with the criteria below, and which do not significantly impact the function or values of wetlands; provided, that such projects are constructed with BMPs and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:

a. There is no practical alternative to the proposed activity with less impact on wetlands;

b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and

c. The activity involves disturbance of an area less than 75 square feet.

B. The following activities are allowed in wetlands and their buffers, except where such activities would result in a loss of the functions and values of a wetland or wetland buffer:

1. Activities in wetlands in areas managed according to a special area management plan or other plan adopted by the department and specifically designed to protect wetland resources.

2. Trimming of vegetation for purposes of providing a view corridor will be allowed. The trimming is limited to a maximum 20-foot width and the benefit to fish and wildlife habitat may not be reduced. No more than 30% of the live crown of a tree may be removed. Trimming shall be limited to hand pruning of branches and vegetation and does not include felling, topping, or the removal of trees.

a. Trimming and limbing of vegetation for the creation and maintenance of view corridors shall occur in accordance with the pruning standards of the International Society of Arboriculture.

b. The activity will not increase the risk of landslide or erosion.

3. Drilling for utilities or utility corridors under a wetland, with an entrance or exit portal located completely outside of the wetland buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specified studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be disturbed.

4. Passive recreation facilities.

a. Walkways and trails, provided they are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer 25% of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five feet in width and designed for pedestrian use only. Raised boardwalks utilizing nontreated pilings shall be acceptable.

b. Wildlife-viewing structures.

5. Wells and necessary appurtenances, including a pump and appropriately sized pump house, but not including a storage tank, when all the following conditions are met:

a. There is no viable alternative to the well site outside of the buffer;

b. The well is either an individual well serving only one residence or a Class B well serving a maximum of 15 connections and no more than 25 people;

c. The pump house is a building with a ground area of less than 200 square feet; and

d. The new well complies with federal Safe Drinking Water Act and State Department of Health requirements.

C. Subdivisions. The subdivision, short plat, or binding site plan applications where wetlands and/or associated buffers are present are subject to the following:

1. Land that is wholly within a wetland and/or wetland buffer may not be subdivided.

2. Land that is located partially within a wetland and/or wetland buffer may be subdivided provided that an accessible and contiguous portion of each new lot is:

a. Located outside of the wetland and wetland buffer; and

b. All proposed lots meet the minimum requirements provided in Chapter 18.80 EMC for zoning district the property is located within.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.40.060 Mitigation requirements.

A. Mitigation. Compensatory mitigation is required for all unavoidable alterations to wetlands and/or their buffers, in accordance with this chapter and the mitigation sequencing in EMC § 14.10.070.

B. Requirements for Compensatory Mitigation.

1. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. 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, Olympia, WA, March 2006, or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication No. 09-06-32, Olympia, WA, December 2009).

2. Mitigation ratios shall be consistent with subsection F of this section.

3. 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, Olympia, WA, March 2012, or as revised) consistent with subsection H of this section.

C. Preference of Compensatory Mitigation. Mitigation for wetland and buffer impacts shall rely on a method listed below in order of preference. A lower-preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the Director's satisfaction that all higher-ranked types of mitigation are not viable consistent with the criteria in this section.

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

a. Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. The reestablishment must result in a gain in wetland acres and functions. Activities could include removing fill material, plugging ditches, or breaking drain tiles.

b. Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. The rehabilitation must result in a gain in wetland function but does not result in a gain in wetland acres. Examples activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland.

2. Establishment (Creation). The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deep water site where a wetland did not previously exist. Creation results in a gain in wetland area and functions. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species.

a. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the Director may authorize establishment of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that:

i. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that establishment of a wetland at the site will not likely cause hydrologic problems elsewhere;

ii. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, storm water runoff, noise, light, or other impacts); and

iii. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.

iv. The proposed wetland would not be established at the cost of another high-functioning habitat (i.e., ecologically important uplands).

3. Preservation (Protection/Maintenance). The removal of a threat to, or preventing the decline of, wetlands by an action in or near those wetlands. This term includes activities commonly associated with the protection and maintenance of wetlands 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 but may result in a gain in functions over the long term. Preservation of a wetland and associated buffer can be used only if:

a. The Director determines that the proposed preservation is the best mitigation option;

b. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations;

c. The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or sub-basin. Some of the following features may be indicative of high-quality sites:

i. Category I or II wetland rating.

ii. Rare or irreplaceable wetland type (e.g., peatlands, mature forested wetland, estuaries, vernal pools, alkali wetlands) or aquatic habitat that is rare or a limited resource in the area.

iii. The presence of habitat for threatened or endangered species (state, federal, or both).

iv. Provides biological and/or hydrological connectivity to other habitats.

v. Priority sites identified in an adopted watershed plan.

d. Permanent preservation of the wetland and buffer shall be provided through a legal mechanism such as a conservation easement or tract held by an appropriate natural land resource manager/land trust.

e. The Director may approve another legal and administrative mechanism in lieu of a conservation easement if it is determined to be adequate to protect the site.

4. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands and/or associated buffers shall demonstrate how the proposed enhancement will increase the wetland and/or buffer functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected.

D. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be conducted within the same sub-drainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in-lieu fee program, or advance mitigation. The following criteria will be evaluated when determining whether the proposal is ecologically preferable:

1. There are no reasonable opportunities on site or within the sub-drainage basin, or opportunities on site or within the sub-drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and required widths, available water to maintain anticipated hydrogeomorphic class(es) of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity);

2. On-site mitigation would require elimination of high-quality upland habitat;

3. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland;

4. Off-site locations shall be in the same sub-drainage basin unless:

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

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

5. The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland.

E. Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects be completed prior to activities that will impact wetlands. At the least, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

1. The director may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the city.

F. Wetland Mitigation Ratios. When regulated activities occur in wetlands, the applicant shall compensate for any loss of acreage or function. Equivalent areas shall be determined according to acreage, functional value, type, location, time factors, and projected success. No overall net losses shall occur in wetland acreage, functions and/or values, and any restored, created, or enhanced wetland shall be as persistent as the wetland it replaces.

1. When an applicant proposes to alter or eliminate wetland(s), compensation shall be provided based on the mitigation ratios listed in Table 14.40.060. The first number specifies the acreage of replacement wetlands required, and the second number specifies the acreage of wetlands altered or relocated.

Table 14.40.060 Wetland Mitigation Ratios
Category and Type of Wetland	Creation or Reestablishment	Rehabilitation	Enhancement/Preservation
Category I: Mature and old growth forest	6:1	12:1	24:1
Category I: Based on functions	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

G. Buffer Mitigation Ratio. Impacts to buffers shall be mitigated at a minimum 1:1 ratio.

H. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance Wetland Mitigation in Washington State Part I (version 2) and II (Ecology Publication No. 21-06-003 and 06-06-011b, or as revised), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised).

I. In-Lieu Fee (ILF) Mitigation. Credits from an approved in-lieu fee program may be approved for use as compensation for unavoidable impacts to wetlands when:

1. The Director determines that it would provide appropriate compensation for the proposed impacts and the ILF program bank has been locally approved for use/certified by the city.

2. The proposed use of credits is consistent with the terms and conditions of an ILF program approved by the Interagency Review Team.

3. Projects using ILF credits shall have debits associated with the proposed impacts calculated by the applicant's qualified professional or using the credit assessment method specified in the approved ILF program.

J. Protection of the Mitigation Site. The mitigation areas and associated buffer shall comply with EMC § 14.70.010. This includes placing the these areas into a separate tract or conservation easement.

K. Mitigation Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. If a scrub-shrub or forested vegetation community is proposed, monitoring may be required for 10 years or more. The mitigation plan shall include monitoring elements that ensure success for the wetland and buffer functions. If the mitigation goals are not attained within the initially established monitoring period, the applicant remains responsible for managing the mitigation project until the goals of the mitigation plan are achieved.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.40.070 Additional critical area report requirements.

A. Wetland Report. In addition to the general critical areas report requirements contained in EMC § 14.10.080, the following shall be included:

1. A site map setting forth all of the following:

a. Surveyed wetland boundaries based upon a delineation by a wetland specialist;

b. Wetlands and buffers offsite, within 300 feet of the site boundaries, are also to be discussed and shown in as much detail as possible;

c. Site boundary property lines and roads;

d. A north arrow and scale;

e. Internal property lines, rights-of-way, easements, etc.;

f. Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

g. Contours at the smallest readily available intervals, preferably at two-foot intervals;

h. Hydrologic mapping showing patterns of surface water movement and known subsurface water movement into, through, and out of the site area; and

i. Location of all test holes and vegetation sample sites, and wetland boundary flags numbered to correspond with flagging in the field and field data sheets;

2. An analysis of the on-site wetland(s) include the following site- and proposal-related information:

a. Documentation of any fieldwork performed on the site, including, but not limited to, field delineation data sheets for delineations and wetland rating forms;

b. Wetland acreage;

c. Wetland category;

d. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or discharge);

e. A discussion of the functions of existing wetlands, including vegetative, faunal, and hydrologic conditions, and the presence of threatened, endangered, candidate, or priority habitat and species; and

f. A description of the methodologies used to conduct the wetland delineations;

3. A detailed discussion of the direct, indirect, and cumulative impacts on the wetland by the project; and

4. The wetland mitigation plan requirements of subsection B of this section, if the activity will result in unavoidable impacts to wetlands or their buffers.

B. Wetland Mitigation Plan. A wetland mitigation plan shall, at a minimum, include the general mitigation plan requirements in EMC § 14.10.090 and the following information:

1. Existing and proposed wetland acreage;

2. Vegetative and faunal conditions;

3. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas;

4. Relationship within watershed and to existing water bodies;

5. Soils and substrate conditions, topographic elevations;

6. Existing and proposed adjacent site conditions;

7. Required wetland buffers (including any buffer reduction or averaging and mitigation proposed to enhance buffers);

8. Property ownership;

9. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs;

10. A bond estimate for the installation, site preparation, plant materials and installation, fertilizers, mulch, and the proposed monitoring and maintenance work for the required number of years, pursuant to EMC § 14.10.070E.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)