Chapter 12.09 WETLANDS

Chapter 12.09
WETLANDS

Sections:

12.09.010 Designation, rating and mapping wetlands.

12.09.020 Critical areas report – Additional requirements for wetlands.

12.09.030 Performance standards – General requirements.

12.09.040 Performance standards – Mitigation requirements.

12.09.050 Performance standards – Subdivisions.

12.09.010 Designation, rating and mapping wetlands.

(1) Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal wetland delineation manual and applicable regional supplements.

(2) Wetland Ratings. Wetlands shall be rated according to the Department of Ecology wetland rating system found in the Washington State Wetland Rating System documents (Western Washington, Ecology Publication No. 14-06-029) or as revised by Ecology. These documents contain the definitions and methods for determining if the criteria below are met.

(a) Wetland Rating Categories.

(i) Category I. Category I wetlands are those that (A) represent a unique or rare wetland type; or (B) are more sensitive to disturbance than most wetlands; or (C) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (D) provide a high level of functions. The following types of wetlands are Category I:

(A) Wetlands that perform many functions well (scoring 23 points or more);

(B) Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program (WNHP) or Washington Department of Natural Resources (WDNR);

(D) Mature and old-growth forested wetlands larger than one acre;

(E) Wetlands in coastal lagoons;

(F) Relatively undisturbed estuarine wetlands larger than one acre; or

(G) Interdunal wetlands that score 8 or 9 habitat points and are larger than one acre.

(ii) Category II. Category II wetlands are those not defined as Category I wetlands and include:

(A) Interdunal wetlands larger than one acre or those found in a mosaic of wetlands;

(B) Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre;

(iii) Category III. Category III wetlands are (A) wetlands with a moderate level of functions (scores between 16 and 19 points); (B) can often be adequately replaced with a well-planned mitigation project; and (C) interdunal wetlands between 0.1 and one acre in size. Wetlands scoring between 16-19 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.

(iv) Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. 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) Mapping of Wetlands. The approximate location and extent of wetlands are shown on the adopted critical area maps as referenced in BMC 12.08.090(4) and (5).

(4) The identification, classification, extent and location of any wetland shall be determined through the performance of a field investigation by a qualified consultant using the approved federal wetland delineation manual and applicable regional supplements. (Ord. 10-17 § 1 (Att. A), 2017; Ord. 21-05 § 2, 2005).

12.09.020 Critical areas report – Additional requirements for wetlands.

In addition to the general critical areas report requirements of BMC 12.08.210, critical areas reports for wetlands must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.

(1) Wetland Analysis. In addition to the minimum required contents of BMC 12.08.210, Critical areas reports – Requirements, a critical areas report for wetlands shall contain an analysis of the wetlands including the following site- and proposal-related information at a minimum:

(a) A written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project area, including the following information at a minimum:

(i) The project area of the proposed activity;

(ii) Wetland delineation and required buffers;

(iii) Existing wetland acreage;

(iv) Wetland category; vegetative, faunal, and hydrologic characteristics;

(v) Soil and substrate conditions; and

(vi) Topographic elevations, at five-foot contours.

(b) Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the information detailed in BMC 12.08.250, Mitigation plan requirements.

(2) Additional Information May Be Required. When appropriate, the planning director may also require the critical areas report to include an evaluation by the Department of Ecology or an independent qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, and to include any recommendations as appropriate. (Ord. 10-17 § 1 (Att. A), 2017; Ord. 21-05 § 2, 2005).

12.09.030 Performance standards – General requirements.

(1) Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and values of the wetland and other critical areas.

(2) Activities and uses shall be prohibited from wetlands and wetland buffers, except as provided for in this title.

(3) Category I Wetlands. Activities and uses shall be prohibited from Category I, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title.

(4) Category II. With respect to activities proposed in Category II wetlands, the following standards shall apply:

(a) Water-dependent activities as provided for under the city’s shoreline master program may be allowed where there are no feasible alternatives that would not have a less adverse impact on the wetland, its buffers and other critical areas.

(b) Where non-water-dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that:

(i) The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and

(ii) All alternative designs of the project as proposed, that would avoid, or result in less of an adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration, or density of the project, are not feasible.

(5) Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives.

(6) Wetland Buffers.

(a) Land Use Intensity. Wetland buffers in the city of Buckley are determined based on the category of the wetland and the land use intensity proposed. Land use impact “intensity” is based on development types and the estimated impact based on the proposed change in land use.

Land Use Impact “Intensity” Based on Development Types
Rating of impact from proposed changes in land use	Types of land uses that cause the impact based on common zoning categories
High	Commercial, urban, industrial, institutional, retail sales, residential with more than two units/acre, new agriculture (high-intensity processing such as dairies, nurseries and green houses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high intensity recreation (golf courses, ball fields), hobby farms
Moderate	Residential with two units/acre or less, moderate-intensity open space (parks), new agriculture (moderate-intensity such as orchards and hay fields)
Low	Forestry, open space (low-intensity such as passive recreation and natural resources preservation)

(b) Buffer Widths. The city of Buckley establishes the following buffer widths based on category and land use intensity, as defined above. These buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. Required wetland buffers, based on wetland category and land use intensity, are as follows:

Alternative 2 Buffer Widths, Based Upon Category and Land Use Intensity
Category (2014 Wrn. WA Rating System)	Total Points in Rating System	Alternative 2 Buffer Category + Land Use Intensity (lo/mod/hi)
I	>23	lo 150, mod 225, hi 300
II	20 – 22	lo 150, mod 225, hi 300
III	16 – 19	lo 50, mod 75, hi 100
IV	<16	lo 25, mod 30, hi 50

(c) Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.

(d) Modification of Buffer Widths. The buffer widths of subsection (6)(b) of this section may be decreased through buffer width averaging in subsection (6)(e) of this section or reduction mechanisms of this section.

(i) The buffer widths recommended for land uses with “high intensity” impacts to wetlands can be reduced to those recommended for “moderate intensity” impacts under the conditions identified below.

(A) For wetlands that score moderate or high for habitat (6 points or more), the width of the buffer around the wetland can be reduced if the following measures to minimize the impacts of different land uses on wetlands are applied.

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 ft 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 ft 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 Chapter 14.30 BMC and the Stormwater Management Manual)
Change in water regime	• Infiltrate or treat, detain and disperse into buffer new runoff from 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

(e) Wetland Buffer Width Averaging. The planning director may also allow modification of the wetland buffer width in accordance with an approved critical areas report and the best available science on a case-by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where a qualified wetlands consultant demonstrates that:

(i) It will not reduce wetland functions or values;

(ii) The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;

(iii) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer;

(iv) The buffer width is not reduced to less than 50 percent of the high intensity buffer width or 50 feet, whichever is greater, except for buffers for Category III and IV wetlands and low or moderate intensity land uses; and

(v) Buffer width averaging is being conducted and/or implemented within or on the property where the averaging is being requested.

(f) Buffer Uses. In addition to those allowed uses listed within BMC 12.08.160, the following uses may be permitted within a wetland buffer in accordance with the review procedures of this title, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland:

(i) Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife;

(ii) Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical areas report, including:

(A) Walkways and trails, pursuant to BMC 12.08.160(3)(c)(i) and (ii); and

(B) Wildlife viewing structures; and

(iii) Stormwater Management Facilities. Stormwater management facilities, limited to stormwater dispersion outfalls, detention facilities and bioswales, may be allowed; provided, that:

(A) Alternate locations have been considered and been demonstrated to not be feasible; and

(B) The location of such facilities will not degrade the functions or values of the wetland.

(7) Signs and Fencing of Wetlands.

(a) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur, and inspected 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 shall require the applicant to install permanent signs along the boundary of a wetland or buffer.

Permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. Signs must be posted at an interval of one per lot or every 100 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 the City of Buckley Regarding Uses and Restriction

(i) The planning director may 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 (7)(c) 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. 10-17 § 1 (Att. A), 2017; Ord. 21-05 § 2, 2005).

12.09.040 Performance standards – Mitigation requirements.

(1) Mitigation shall achieve equivalent or greater biological functions. Mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions.

(2) Mitigation shall result in no net loss. Wetland mitigation actions shall not result in a net loss of wetland area or functions and values except when the following criteria are met:

(a) The lost wetland area provides minimal functions and the mitigation action(s) results in a net gain in wetland functions as determined by a site-specific function assessment; or

(b) The lost wetland area provides minimal functions as determined by a site-specific function assessment and other replacement habitats provide greater benefits to the functioning of the watershed, such as riparian habitat restoration and enhancement; or

(c) Out-of-kind replacement will best meet formally identified regional goals, such as replacement of historically diminished wetland types.

(3) Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference:

(a) Enhancing on-site degraded wetlands.

(i) Restoring wetlands on upland sites that were formerly wetlands and/or have been degraded.

(b) Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of exotic introduced species.

(4) Mitigation Ratios.

(a) 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. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered.

Category and type of wetland	Creation or re-establishment	Rehabilitation	Enhancement
Cat. I: Bog, natural heritage site	Not considered possible	Case by case	Case by case
Cat. I: mature forest	6:1	12:1	24:1
Cat. I based on functions	4:1	8:1	16:1
Cat. II	3:1	6:1	12:1
Cat. III	2:1	4:1	8:1
Cat. IV	1.5:1	3:1	6:1

(5) Wetlands Enhancement as Mitigation.

(a) 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. (Ord. 10-17 § 1 (Att. A), 2017; Ord. 21-05 § 2, 2005).

12.09.050 Performance standards – Subdivisions.

The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following:

(1) Land that is located wholly within a wetland or its buffer may not be subdivided.

(2) Land that is located partially within a wetland or its buffer may be subdivided; provided, that:

(a) Each lot and/or parcel created through the subdivision process shall maintain a minimum buildable lot area not including a wetland or buffer area which totals 75 percent of the minimum lot size area for the zoning district where located; and

(b) Meets the minimum lot size requirements of BMC Title 19.

(3) Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the city determines that no other feasible alternative exists. Loss of wetlands shall be mitigated in accordance with this title. (Ord. 10-17 § 1 (Att. A), 2017; Ord. 21-05 § 2, 2005).