(1) 
When any provision of any other chapter of the Forks Municipal Code conflicts with this chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this chapter.
(2) 
The planning director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the city of Forks shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer.
(Ord. 341 § 4.1, 1992)
This chapter shall apply to all lots or parcels on which wetlands and/or wetland buffers are located within the city of Forks. The approximate location and extent of wetlands are shown on the adopted critical area(s) maps.[1] The city of Forks critical areas map is hereby adopted. Said map was created using information obtained from the National Wetlands Inventory, as well as field verification of wetlands by contractors hired by the city of Forks. Additionally, soil maps produced by U.S. Department of Agriculture Natural Resources Conservation Service may be useful in helping to identify potential wetland areas. The National Wetlands Inventory and the USDA NRCS maps are to be used as a guide for the city of Forks, project applicants, and/or property owners to identify potential wetland areas that may be subject to the provisions of this title.
It is the actual presence of wetlands on a parcel, as delineated by the requirements of the Washington State Wetlands Identification and Delineation Manual (Ecology 1997), that triggers the requirements of this title, whether or not the wetland is identified on the adopted maps. The exact location of a wetland’s boundary shall be determined through the performance of a field delineation by a qualified wetlands professional, applying the Washington State Wetlands Identification and Delineation Manual (Ecology 1997) as required by RCW 36.70A.175.
(Ord. 341 § 4.2, 1992; Ord. 550 § 3, 2007)
[1]
Code reviser’s note: The critical area maps were adopted in 1994 and are on file with the city.
(1) 
Wetlands less than 1,000 square feet are exempt from regulation where the applicant has shown that the wetland:
(a) 
Is not associated with a riparian corridor;
(b) 
Is not part of a wetland mosaic;
(c) 
Does not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife.
(2) 
Single-Family Residences.
(a) 
Expedited Approval. Applicants proposing a single-family dwelling may receive expedited approval by the city of Forks if they choose to adopt the largest buffer width from the appropriate wetland category. Expedited approval removes the requirements of the wetland certification process for single-family dwellings (subsection (2)(b) of this section); provided, that the wetland delineation and/or wetland rating is not disputed. Administrative buffer reductions or variance will not apply.
(b) 
Wetland Certification Process for Single-Family Dwellings (No Encroachment into a Regulated Wetland or its Standard Buffer).
(i) 
Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant may submit a single-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 (e.g., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.
(ii) 
If regulated wetland buffers extend onto the site, 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.
(iii) 
A survey will not be required.
(iv) 
The single-family certification form may be used only to authorize single-family dwellings and associated home site features such as 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.
(v) 
The single-family 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.
(vi) 
The applicant/property owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the department.
(vii) 
Single-family certification forms shall be filed with the county auditor’s office.
(3) 
Trails – Stormwater – Utilities. The following uses may be permitted within a wetland buffer, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize negative impacts to the buffer and adjacent wetland:
(a) 
Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
(b) 
Passive recreation facilities designed and in accordance with an approved critical area report, including:
(i) 
Wildlife viewing structures; and
(ii) 
Walkways and trails, provided pathways minimize adverse impacts on water quality. They should generally be parallel to the perimeter of the wetland, located in the outer 25 percent of the wetland buffer area, and avoid removal of significant trees. They must be limited to pervious surfaces no more than four feet in width. Raised boardwalks utilizing nontreated pilings may be acceptable.
(c) 
Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, when permitted by other applicable codes, may be allowed within the outer 25 percent of the buffer of Category III or IV wetlands only; provided, that:
(i) 
No other location is feasible; and
(ii) 
Their location, with mitigation, will not degrade the functions or values of the wetland.
(Ord. 550 § 4, 2007)
(1) 
The exact location of the wetland boundary shall be determined by the applicant through the performance of a field investigation applying the wetland definition provided in FMC § 14.15.030. The applicant is required under FMC § 14.15.120(3) to show the location of the wetland boundary on a scaled drawing as a part of the permit application.
(2) 
The planning director may perform a delineation if he/she concludes that the applicant has not submitted a delineation that accurately represents the wetland boundary. The planning director may consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. The applicant may be charged for the costs incurred in accordance with the provisions of FMC § 14.15.120(4). The planning director shall use the federal Manual for Identifying and Delineating Jurisdictional Wetlands as a guide in delineating wetlands.
(3) 
Signs and Fencing of Wetlands.
(a) 
Temporary Markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary “clearing limits” fencing, flagging, and/or other agreed-upon markings in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the planning director prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
(b) 
Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the planning director may require the applicant to install permanent signs along the boundary of a wetland or buffer.
(i) 
Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director:
Protected Wetland Area Do Not Disturb Contact [Local Jurisdiction] Regarding Uses, Restrictions, and Opportunities for Stewardship
(ii) 
The provisions of subsection (3)(b)(i) of this section may be modified as necessary to assure protection of sensitive features or wildlife.
(c) 
Fencing.
(i) 
The planning director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the planning director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the wetland buffer, when fencing will prevent future impacts to the wetland.
(ii) 
The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on-site.
(iii) 
Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.
(Ord. 341 § 4.3, 1992; Ord. 550 § 5, 2007)
(1) 
Wetlands shall be rated according to the Washington State wetland rating system for Western Washington (Washington State Wetland Rating System for Western Washington – Revised, Ecology Publication No. 04-06-025) or as revised by Ecology. Wetland rating categories shall be applied as the wetland exists at the time of the adoption of the ordinance codified in this title or as it exists at the time of an associated permit application. Wetland rating categories shall not change due to illegal modifications.
(2) 
The following rating system is hereby adopted as the rating system for the city of Forks:
(a) 
Category I. Category I wetlands are:
(i) 
Relatively undisturbed estuarine wetlands larger than one acre;
(ii) 
Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands;
(iii) 
All bogs;
(iv) 
Mature and old-growth forested wetlands larger than one acre;
(v) 
Wetlands in coastal lagoons; or
(vi) 
Wetlands that perform many functions well.
Category I wetlands represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain some ecological attributes that are impossible to replace within a human lifetime, or provide a very high level of functions.
(b) 
Category II. Category II wetlands are:
(i) 
Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre;
(ii) 
A wetland identified by the Washington State Department of Natural Resources as containing “sensitive” plant species;
(iii) 
An interdunal wetland larger than one acre; or
(iv) 
Wetlands with a moderately high level of functions.
Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but they still need a relatively high level of protection.
(c) 
Category III. Category III wetlands are:
(i) 
Wetlands with a moderate level of functions; or
(ii) 
Interdunal wetlands between one-tenth and one acre in size.
Generally, wetlands in this category may have been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
(d) 
Category IV. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. These are wetlands that should be replaceable, and in some cases may be improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree.
(3) 
The category designation of a wetland shall be determined by the applicant through the performance of a field investigation applying the four tier classification system detailed above. The applicant is required under FMC § 14.15.120(3) to submit a written category designation with an explanation of the reasons for the designation.
(4) 
The planning director may perform the designation if he/she concludes that the applicant’s designation is not accurate. The planning director may consult with qualified professional scientists and technical experts or other experts as needed to perform the designation. The applicant may be charged for the costs incurred in accordance with the provisions of FMC § 14.15.120(4).
(Ord. 341 § 4.4, 1992; Ord. 550 § 6, 2007)