The city finds that critical areas contain valuable natural resources, provide natural scenic qualities important to the character of the community, perform important ecological functions and processes, and/or present a hazard to life and property. Identification, management, and protection of these areas is, therefore, necessary to protect the public health, safety and general welfare of Mill Creek’s citizens and comprise a public purpose. Beneficial biological and physical functions that critical areas provide include, but are not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; stormwater conveyance and attenuation; ground water recharge and discharge; erosion control; protection from hazards; historical and archaeological and aesthetic value protection; and recreation. These beneficial functions are not listed in order of priority. With respect to particular critical areas, the city finds as follows:
A. Wetlands.
1. Wetlands perform numerous important functions, including but not limited to provision of wildlife and fish habitat, water quality enhancement, flood and erosion control, ground water recharge and discharge, shoreline stabilization, research and education opportunity, and recreation. Protection of these systems is necessary to protect the public health, safety, and general welfare.
2. To achieve the goal of “no net loss” of wetland functions and values within the city, the regulations of this chapter are intended to discourage or prohibit:
a. Activities that block water flows, or damage or destroy flood storage areas or storm barriers, thereby resulting in greater potential flood damages;
b. Disposal of wastewater or solid wastes, or creation of unstable fills inappropriate to the function of wetlands, which may result in water pollution;
c. Application of pesticides, herbicides and algaecides on wetlands unless warranted to protect the ecological functions of the wetland;
d. Activities that limit the function of a wetland to control erosion or runoff; provide water storage; or provide wildlife breeding, spawning, nesting, wintering, or feeding grounds; and
e. Activities that detract from a wetland’s value in providing educational experiences, recreational uses, and/or open space.
B. Fish and Wildlife Habitat Conservation Areas.
1. Streams and other fish and wildlife habitats perform many important biological and physical functions that benefit the fish and wildlife species inhabiting the region. These functions include, but are not limited to: providing cover, breeding/spawning habitat, and food for fish and wildlife species; maintaining water quality; storing and conveying storm and flood water; and recharging ground water.
2. Habitat areas also serve as a valuable resource for city residents by providing areas for recreation, education, scientific study, and aesthetic appreciation. Protection of these systems is necessary to protect the public health, safety, and general welfare.
C. Critical Aquifer Recharge Areas.
1. Areas that have a critical recharging effect on ground water are essential for maintaining public water supplies including supplies of potable drinking water. These areas are susceptible to contamination from certain land use activities. Protection of these systems is necessary to protect the public health, safety, and general welfare.
2. Critical aquifer recharge areas have prevailing geologic conditions associated with infiltration rates that create or contribute significantly to the replenishment of ground water.
D. Geologically Hazardous Areas.
1. Geologically hazardous areas pose a risk to public property, welfare, and to the natural systems that make up the environment of the city. Natural processes make these areas susceptible to landslides, erosion, and seismic events. Regulation of these areas to avoid or minimize geologic hazards is necessary to protect the public health, safety, and welfare.
2. Areas subject to topographic variation – such as hillsides and ravines – provide natural scenic qualities, aesthetic resources, and community character as well as important ecological functions and values. Removal of vegetation and development in such areas can result in loss of soil and slope stability, increased erosion, increased surface water runoff, and reduced aesthetic value. These areas should be protected and enhanced consistent with their natural functions, visual qualities, and inherent development limitations.
E. Frequently Flooded Areas. Areas subject to frequent flooding provide valuable habitat for many fish and wildlife species and also pose a risk to public health and safety. Protection of floodplains and areas subject to frequent flooding is necessary to protect human life and property. The provisions of this chapter seek to prevent damage to public facilities, minimize the need for flood relief or flood control projects, and protect the natural resource functions and values provided by frequently flooded areas. Protection and management of frequently flooded areas shall be in accordance with the provisions of Chapter
15.20 MCMC and shall protect the public health, safety, and welfare.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))