A. Mitigation Shall Achieve Equivalent or Greater Ecological Functions. Mitigation for alterations to wetlands and buffers shall achieve equivalent or greater ecologic functions than exist in the impacted wetland and buffer. Mitigation plans shall be generally consistent with the Department of Ecology Guidelines found in Wetland Mitigation in Washington State – Part 2, Version 1, March 2006, Publication No. 06-060-011b.
B. Mitigation for Lost Functions and Values. Mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement, and shall provide similar wetland functions as those lost except when:
1. The lost wetland provides minimal functions as determined by a site-specific function assessment and the proposed mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal watershed assessment plan or protocol; or
2. Out-of-kind replacement will best meet formally identified regional goals, such as replacement of historically diminished wetland types.
C. Buffers for Mitigation Shall Be Consistent. When mitigation for a wetland impact includes creation of a new wetland area, the new area shall be provided with a functioning buffer consistent with the buffer requirements of this chapter, unless determined by the city manager through a variance or a reasonable use exemption that a different buffer would provide adequate protection to the critical area.
D. Preference of
Mitigation Actions.
Mitigation sequencing outlined in KMC §
18.55.210 shall be demonstrated in each
development proposal.
Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference:
1. Restoring wetlands on upland sites that were formerly wetlands.
2. Creating wetlands in upland areas, considering degraded areas first.
3. Enhancing significantly degraded wetlands.
4. Preserving high quality wetlands that are under imminent threat.
E. Type and Location of Mitigation. Mitigation actions shall be conducted within the same subdrainage basin or on the same site as the alteration except when all of the following apply:
1. There are no reasonable on-site or in-subdrainage-basin opportunities, or on-site and in-subdrainage-basin opportunities do not have a high likelihood of success due to development pressures or adjacent land uses, or on-site buffers or connectivity is inadequate;
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 established regional or watershed goals for water quality, flood or conveyance, habitat or other wetland functions have been established and strongly justify location of mitigation at another site.
F. Mitigation Timing. Where feasible, mitigation or restoration projects shall be completed prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and flora.
G. Mitigation Ratios.
1. Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is in kind, on site, the same category, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply on a case-by-case basis. These ratios do not apply to the use of credits from a State-certified wetland mitigation bank. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered.
Standard Wetland Mitigation Ratios |
|---|
Category and Type of Wetland | Creation or Reestablishment | Rehabilitation1 | Enhancement2 |
|---|
Category I (Mature Forested) | 6:1 | 12:1 | 24:1 |
Category I | 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 |
Buffer | 1:1 | 1:1 | 1:1 |
Notes: |
|---|
1 | “Rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. An example would be breaching a dike to reconnect wetlands to a floodplain. |
2 | “Enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland 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 wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling nonnative or invasive species, and modifying site elevations to alter hydroperiods. |
2. Increased Replacement Ratio. The city manager may increase the ratios under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation; or
b. A significant period of time will elapse between impact and replication of wetland functions; or
c. Mitigation will occur off site versus on site; or
d. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or
e. The impact was an unauthorized impact.
3. Decreased Replacement Ratio.
a. The city manager may decrease the creation/reestablishment ratios required for Category II and III wetlands to 2:1 and 1.5:1, respectively, under the following circumstances:
(1) The applicant’s qualified biologist provides documentation that increases the certainty of success of the proposed wetland restoration or creation. At a minimum, this documentation shall include groundwater monitoring in the area of proposed restoration or creation in the early growing season over a sufficient period of time to determine that there is a high probability of creating or restoring wetlands in that location; or
(2) Proposed mitigation will result in a higher functioning wetland (higher class) relative to the functions of the wetland being impacted; or
(3) The mitigation is successfully installed for a period of one year prior to the wetland being impacted. Successful installation shall be determined by a qualified biologist.
b. When a decreased replacement ratio is allowed, the mitigation shall be monitored for a period of no less than 10 years.
4. Credit/Debit Method. As an alternative to the standard mitigation ratios, the City may allow mitigation based on the “credit/debit” method developed by the Department of Ecology and documented in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Report, March 2012 (Hruby, 2012, or as revised).
H. Wetlands Enhancement as Mitigation. Impacts to wetlands may be mitigated by enhancement of existing significantly degraded wetlands. Applicants proposing to enhance wetlands must produce a critical areas report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions.
I. Mitigation Banking.
1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:
a. The bank is certified under State rules;
b. The city manager determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and
c. The proposed use of credits is consistent with the terms and conditions of the certified bank instrument.
2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument.
3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions.
J. In-Lieu Fee Programs. To aid in the implementation of off-site mitigation, the City may develop an in-lieu fee (ILF) program or allow participation in an ILF program, such as King County’s mitigation reserves program. ILF programs shall be developed and approved through a public process and be consistent with federal rules, State policy on in-lieu fee mitigation, and State water quality regulations. An approved ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor, a governmental or nonprofit natural resource management entity. Credits from an approved in-lieu fee program may be used when subsections (J)(1) through (6) of this section apply:
1. The city manager determines that it would provide environmentally appropriate compensation for the proposed impacts.
2. The mitigation will occur on a site identified using the site selection and prioritization process in the approved ILF program instrument.
3. The proposed use of credits is consistent with the terms and conditions of the approved ILF program instrument.
4. Land acquisition and initial physical and biological improvements of the mitigation site must be completed within three years of the credit sale. A one-year extension to this requirement may be granted by the city manager if the need for additional mitigation because of possible temporal loss is evaluated and addressed.
5. Projects using ILF credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland scientist using the method consistent with the credit assessment method specified in the approved instrument for the ILF program.
6. Credits from an approved ILF program may be used to compensate for impacts located within the service area specified in the approved ILF instrument.
K. Advance Mitigation. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, State policy on advance mitigation, and State water quality regulations.
L. Alternative Mitigation Plans. The city manager may approve alternative critical areas mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the Shoreline Master Program (SMP). Alternative mitigation proposals must provide an equivalent or better level of protection of critical area functions and values than would be provided by the strict application of this chapter and must contain all of the standard components of a mitigation plan. The city manager shall consider the following for approval of an alternative mitigation proposal:
1. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-32, Olympia, WA, December 2009, or as revised).
2. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas.
3. There is clear potential for success of the proposed mitigation at the proposed mitigation site.
4. A wetland of a different type is justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 12-0334 §§ 15, 16; Ord. 19-0488 § 2 (Exh. 1))