Chapter 16.10
CRITICAL AREAS
Sections:
16.10.110 General mitigation requirements.
16.10.130 Critical aquifer recharge areas.
16.10.140 Frequently flooded areas.
16.10.150 Geologically hazardous areas.
16.10.160 Fish and wildlife habitat conservation areas.
Prior legislation: Ords. 2008-02 and 2017-06.
16.10.100 General provisions.
A. Purpose, Goals, and Applicability.
1. Purpose. The purpose of this chapter is to:
a. Define, identify, and protect critical areas as required by Chapter 36.70A RCW, through the application of the best available science.
b. The county shall regulate uses, activities, and development within, adjacent to, or likely to affect one or more critical areas.
2. Applicability.
a. This chapter shall apply to land, land uses and development activity, and structures and facilities in the unincorporated areas of Columbia County, whether or not a permit or authorization is required. No action shall be undertaken by any person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within Columbia County that results in the alteration of a wetland, critical recharge area, fish and wildlife conservation area or geologically hazardous area as defined by this chapter except in conformance with this chapter.
b. The county shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first assuring compliance with the requirements of this chapter.
c. Approval of a permit or development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter.
d. Unless otherwise indicated in this chapter, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessment(s), studies, plans, reconnaissance(s), peer review(s) by qualified consultants, and other work prepared in support of or necessary to review the application.
3. Goals.
a. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding.
b. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species.
c. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate impacts to critical areas by regulating alterations in and adjacent to critical areas.
d. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat and maintain ecological functions.
B. Authority and Interpretation.
1. Authority.
a. As provided herein, the county planning director or designee is given the authority to interpret and apply, and the responsibility to enforce, this chapter to accomplish the stated purpose.
b. Columbia County may approve, deny, or approve with conditions any permit application for a regulated activity or other land use proposed for development within a critical area and/or associated buffer area in order to comply with the requirements of this chapter.
2. Interpretation. In the interpretation and application of this chapter, the provisions of this chapter shall be:
a. Considered to be the minimum requirements necessary;
b. Liberally construed to serve the purpose of this chapter; and
c. Deemed to neither limit nor repeal any other provisions under state statute.
C. Relationship to Other Regulations and Permits.
1. These critical area regulations shall apply as an overlay and in addition to zoning and other regulations adopted by Columbia County.
2. These critical area regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), as locally adopted. Any conditions required pursuant to this chapter shall be included in the SEPA review and threshold determination or shall be added as conditions of approval to any permit issued by Columbia County.
3. Development of and the protection of floodplains is addressed in CCC 16.10.140 and Chapter 16.20 CCC, Flood Damage Prevention.
4. Other official chapters, regulations, and plans have a direct impact on the development of land in Columbia County. These include, but are not limited to, Columbia County zoning (CCC Title 18), comprehensive plan, shoreline master program (Chapter 16.15 CCC), Columbia County road standards, etc. The title and chapter numbers may vary from time to time. Whenever provisions of these or other official regulations overlap or conflict with provisions of this critical areas chapter, the more restrictive provisions, to the extent lawful, shall govern and the critical area regulations will be met as a minimum. It is not intended that this chapter repeals, abrogates, or impairs any existing regulations, easements, covenants, or deed restrictions.
5. This chapter does not require any permit in addition to those otherwise required by federal, state, or county code. Uses and activities in a critical area or buffer for which no permit or approval is required by any other applicable regulations remain subject to the performance standards and other requirements of this chapter.
6. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, hydraulic project approval permits, U.S. Army Corps of Engineers (USACE) Section 404 permits, and national pollutant discharge elimination system permits). The applicant is responsible for complying with these requirements apart from the process established in this chapter.
D. Maps.
1. Columbia County maintains a series of maps illustrating the general location of critical areas to provide information to the public and to aid in the administration of this chapter. The maps are not regulatory in nature. The critical area maps, along with U.S. Soil Conservation Service maps, and USGS Quad maps, are used to identify the possible extent of critical areas existing within the county. The maps, in conjunction with site visits and other information, will be used as a basis for requiring field investigations such as wetland reports, fish and wildlife management plans, geotechnical studies, drainage plans, etc. In event a conflict between the information shown on the maps and information shown as a result of field investigation, the latter shall prevail.
2. Specific information may be provided by the applicant that indicates characteristics of a critical area are not present on the site or that a proposal is not located within nor will it impact a critical area. In addition, there may be critical areas not designated on the map that exhibit characteristics of a critical area. It is the intent of this chapter to require all areas that meet the characteristics of a critical area to meet the requirements of this chapter.
3. Additions or changes to the maps shall be made when additional information is available and they shall be updated periodically. Omission of a site from the map will not exempt the site from complying with the provisions of this chapter. When an interpretation is needed as to the existence of a critical area, the county planning director shall make such determination according to the criteria and characteristics contained in this chapter and if uncertain, he/she shall consult with an agency or agencies of expertise and follow their recommended course of action.
E. Jurisdiction – Critical Areas.
1. The county shall regulate all uses within, adjacent to, or likely to affect one or more critical areas, consistent with best available science and the provisions herein.
2. Critical areas regulated by this chapter include:
a. Wetlands.
b. Critical aquifer recharge areas.
c. Frequently flooded areas.
d. Geologically hazardous areas as designated.
e. Fish and wildlife habitat conservation areas.
3. All areas within unincorporated Columbia County meeting the definition of one or more critical area, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.
4. Protection of Critical Areas. Any action taken pursuant to this chapter shall result in maintaining or increasing the functions and values of the critical areas associated with the proposed action, as determined by the best available science. As applicable, actions and developments shall be designed and constructed in accordance with mitigation sequencing, per CCC 16.10.110(B), to avoid, minimize, and restore all adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts before restoration and compensation of impacts will be allowed. No activity or use shall be allowed that results in functions or values degradation of critical areas without mitigation.
F. Authorizations Required. Prior to fulfilling the requirements of this section, Columbia County shall not grant any approval or permission of permits to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following:
1. Building permit.
2. Conditional use permit.
3. Binding site plan.
4. Short subdivision.
5. Subdivision.
6. Zoning variance.
7. Rezone.
8. Any other adopted permit or required approval not expressly exempted by this section.
G. Best Available Science.
1. Protection for Functions and Values and Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas. Special consideration must be given to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat, such as salmon, steelhead and bull trout.
2. Best Available Science to Be Used Must Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals, that is consistent with criteria established in WAC 365-195-900 through 365-195-925.
3. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the county planning director shall:
a. Take a “precautionary or a no-risk approach,” that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and
b. Require an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:
i. Address funding for the research component of the adaptive management program;
ii. Change course based on the results and interpretation of new information that resolves uncertainties; and
iii. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries.
4. Best available science may include the following:
a. Critical area maps.
b. Maps and reference documents in the Southeast Washington Coalition’s Shoreline Master Program (SMP) Inventory, Characterization, and Analysis Report, as applicable.
c. U.S. Geological Survey (USGS) topographic quadrangle maps.
d. Washington State Department of Natural Resources Geologic Hazard, Mine Hazard Area, and Water Type map.
e. U.S. Bureau of Land Management Mine Hazard Area map.
f. Aerial photographs.
g. Soil Survey of Columbia County, Washington, by the U.S. Department of Agriculture, Soil Conservation Service.
h. National Wetland Inventory maps.
i. Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species maps, and Management Guidelines.
j. Washington State Department of Health Source Water Assessment Program Mapping Application with applicable information on Columbia County.
5. The critical area maps include all of the following:
a. Federal emergency management agency (FEMA) 100-year flood map(s).
b. Geologically hazardous map(s).
c. Critical aquifer recharge map(s).
d. Wetland map(s).
e. Other maps as appropriate.
6. Applicability of Reference Maps. In some cases, the critical area maps identified herein display general locations and approximate boundaries of potential critical areas. Further field determination and analysis may be necessary for specific development proposals to establish exact location, extent, and nature of critical areas. Fish and wildlife habitat conservation areas are identified using the references, maps, and criteria established in CCC 16.10.160, Fish and wildlife habitat conservation areas.
H. General Review Process.
1. The county shall follow the process outlined below:
a. Verify the information submitted by the applicant for the applicable permit.
b. Evaluate the project area and vicinity for critical areas.
c. Determine whether the proposed project is likely to impact the functions or values of critical areas.
d. Determine if the proposed project adequately addresses the impacts and avoids impacts to the critical area associated with the project.
2. Minimum Standards. As applicable, a proposed activity shall be conditioned as necessary to mitigate impacts to critical areas and conformity to the performance standards required by this section, subject to the reasonable use exception of subsection (K) of this section. Any project that cannot adequately mitigate its impacts to critical areas, as applicable, or meet the performance standards required by CCC 16.10.120 through 16.10.160 shall be denied.
3. Critical Areas Present, but No Impact – Waiver.
a. If the county planning director determines that there are critical areas within or adjacent to the area of project review, but the proposed activity is unlikely to degrade the functions or values of the critical area, the director may waive the requirement for a report or other applicable information (with written approval or other assistance from a federal, state, or local resource agency). A waiver may be granted if there is substantial evidence that all of the following requirements will be met:
i. There will be no alteration of the critical area or buffer.
ii. The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter.
iii. The proposal is consistent with other applicable regulations and standards. A summary of this analysis and the findings shall be included in any staff report or decision on the underlying permit.
b. In making the determination, the director will consider best available science, as applicable, and the critical area maps.
4. Critical Areas Present and Potential Impact Likely. If the director determines that the proposed project is within, adjacent to, or is likely to impact a critical area, the director shall:
a. Notify the applicant that a critical area report, State Environmental Policy Act (SEPA) checklist, or other applicable information must be submitted prior to further review of the project and indicate each of the critical area types that should be addressed.
b. Require a critical area report or other applicable information from the applicant that has been prepared by a qualified professional. Additional information and requirements may be obtained within each section.
c. Review and evaluate the critical area report and other applicable information to determine whether the development proposal conforms to the purpose and performance standards of this chapter.
d. Assess potential impacts to the critical area and determine if they are necessary and unavoidable.
e. Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this chapter.
f. A summary of this analysis and the findings shall be included in any decision on the underlying permit(s). Critical area review findings may result in: no adverse impacts to critical area(s), a list of applicable critical area(s) protection conditions for the underlying permit(s), or denial of permit based upon unavoidable impacts to critical area(s) ecological functions and values.
I. Critical Area Report Requirements.
1. Incorporating the Best Available Science. The report shall use scientifically valid methods and studies in the analysis of data and field reconnaissance and reference the source of science used. The report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.
2. Minimum Report Contents. At a minimum, the report shall contain the following:
a. Resume of the principal author(s), which disclose(s) their technical training and experience and demonstrates their stature as a qualified professional; the study shall be performed by a professional who is licensed or qualified as an expert in the critical resources at issue.
b. Identification and characterization of the critical area and associated buffers.
c. Assessment of any potential hazards associated with the proposed development.
d. Assessment of the impacts of the development proposal on any critical area.
e. Mitigation plan, as applicable, which reduces impacts on the critical area(s) to an insignificant level and specifies maintenance, monitoring, and bonding measures (where necessary) per CCC 16.10.110.
f. Additional information and requirements that may be required within each section of this chapter.
J. Exception – Public Agency and Utility. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section as outlined below.
1. Exception Request and Review Process. An application for a public agency and utility exception shall be made to the county and shall include a critical area checklist, critical area report (including mitigation plan, if necessary) and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to SEPA. The county planning director shall prepare an administrative decision based on review of the submitted information, a site inspection, and the proposal’s ability to comply with public agency and utility exception review criteria in subsection (J)(2) of this section. The administrative decision shall provide an appeal process available to aggrieved parties.
2. Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions follow:
a. There is no other practical alternative to the proposed development with less impact on the critical areas;
b. The application of this chapter would unreasonably restrict the ability to provide utility services to the public;
c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and
e. The proposal is consistent with other applicable regulations and standards.
3. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
K. Reasonable Use Exception. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for an exception pursuant to this section and as outlined below.
1. Exception Request and Review Process. An application for a reasonable use exception shall be made to the county and shall include a written explanation stating the reason(s) for an exception; critical area checklist; critical area report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to SEPA. The county planning director shall prepare an administrative decision based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception criteria in subsection (K)(2) of this section. The administrative decision shall provide an appeal process available to aggrieved parties.
2. Reasonable Use Review Criteria. The criteria for review and approval of reasonable use exceptions are as follows:
a. The application of this chapter would deny all reasonable use of the property;
b. No feasible and reasonable on-site alternative to the proposed activities is possible, including possible changes in site layout, reductions in density, and similar factors that would allow a reasonable economic use with fewer adverse impacts;
c. Any alteration is the minimum necessary to allow for reasonable use of the property;
d. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;
e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
f. The proposal will result in no net loss of critical area functions and values consistent with the best available science; and
g. The proposal is consistent with other applicable regulations and standards.
3. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
L. Exempt Uses and Activities.
1. Exempt activities under this chapter shall avoid impacts to critical areas and critical area buffers. Exempt activities shall use reasonable methods (reasonable methods include best management practices (BMPs)) to avoid potential impacts to critical areas. Being exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.
2. The following are exemptions to provisions of this chapter; however, the listed exemptions may not be exempt from other state or federal regulations or permit requirements:
a. Activities in response to emergencies that threaten public health, property, safety, or welfare as verified by the county planning director to be the minimum necessary to alleviate the emergency.
b. Legally constructed structures, in existence on the date this chapter becomes effective, that do not meet requirements of this chapter may be remodeled or reconstructed; provided, that the new construction or related activity does not further encroach into the critical area(s) and does not increase the impact to the critical area or buffer. Remodeling or reconstruction shall be subject to all other requirements of the zoning code.
c. Normal and routine maintenance of public streets, state highways, public utilities, and public park facilities. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area, nor does it include construction of a maintenance road or dumping of maintenance debris. (This means no expansion into new unused areas.)
d. Removal of hazardous trees and vegetation and, when necessary, implementation of measures to control or prevent a fire or halt the spread of disease or damaging insects consistent with Chapter 76.09 RCW; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the county.
e. Activities involving artificially created wetlands or streams intentionally created from nonwetland sites, including, but not limited to, grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except those features that provide critical habitat for anadromous fish and those features that were created as mitigation for projects or alterations subject to the provisions of this section.
f. Passive recreational activities, including, but not limited to, fishing, bird watching, boating, swimming, hiking, and use of nature trails, provided the activity does not alter the critical area or its buffer.
g. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, provided the harvesting does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources.
h. Educational and scientific research, provided the activity does not alter the critical area or its buffer.
i. Navigational aids and boundary markers. Construction or maintenance of navigational aids and boundary markers.
j. Minor site investigative work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.
M. Voluntary Stewardship Program. Columbia County has elected to participate in the voluntary stewardship program (VSP) as an alternate approach for protecting critical areas on agricultural lands. The Columbia County VSP work plan approved by the county VSP work group and Washington State Conservation Commission will be implemented to protect critical areas on agricultural lands and maintain agricultural viability as part of addressing associated agricultural activities.
N. Subdivisions.
1. Any subdivision, as defined in CCC Title 17, of land that creates a lot greater in size than five acres and is located in a critical area or associated buffer shall comply with the following requirements:
a. Land that is located wholly within a wetland, fish and wildlife habitat conservation area, geologically hazardous area, floodway, or the buffers required for these critical areas may not be subdivided.
b. Land that is located partially within a wetland, fish and wildlife habitat conservation area, geologically hazardous area, floodway, or the buffers required for these critical areas may be subdivided; provided, that an accessible, contiguous, and buildable portion of each new lot meets the following requirements:
i. Located outside of the wetland, fish and wildlife habitat conservation area, geologically hazardous areas, floodway, and the buffers required for these critical areas.
ii. Meets the minimum buildable site requirements of CCC Title 18.
c. Access roads and utilities serving the proposed subdivision may be permitted within the wetland buffer, fish and wildlife habitat conservation area, geologically hazardous areas, or the buffers required for these critical areas only if the director determines that no other feasible alternative exists consistent with this chapter, and consistent with mitigation sequencing steps and association mitigation that would be required to offset impacts as required in CCC 16.10.110(B). Additionally, the county will coordinate with Ecology and WDFW on identifying and applying mitigation requirements.
O. Nonconforming Uses. A regulated activity that was approved prior to the passage of this chapter may be continued subject to the following:
1. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its nonconformity without a permit issued pursuant to the provisions of this chapter.
2. Except for cases of discontinuance as part of normal agricultural practices, if a nonconforming activity is discontinued for three years, any resumption of the activity shall conform to this chapter.
3. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities.
P. Variances. Variances from the standards of this chapter may be authorized by the county in accordance with the procedures set forth in the Columbia County zoning code (CCC Title 18). The planning director shall review the request and make a finding that the request meets or fails to meet the variance criteria. State and federal permits will be required for certain activities in critical areas, including but not limited to in-water or wetland work. All other relevant county permit and regulatory requirements shall also be met for the proposed activity.
1. Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:
a. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;
b. The special conditions and circumstances do not result from the actions of the applicant;
c. A literal interpretation of the provisions of this chapter would deprive the applicant of use rights and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;
d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;
e. The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;
f. The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat; and
g. The granting of the variance is consistent with the general purpose and intent of the Columbia County comprehensive plan and adopted development regulations.
2. Conditions May Be Required. In granting any variance, the county may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.
3. Time Limit. The county may prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit may void the variance.
4. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application.
Q. Administrative Procedures.
1. The administrative procedures followed during the critical area review process shall conform to the standards and requirements of the county development regulations. This shall include, but not be limited to, timing, appeals, and fees associated with applications covered by this chapter.
2. Amendments.
a. The board of county commissioners, the planning commission, the department, or an interested person may initiate an amendment of the critical areas chapter. In the case of an amendment initiated by an interested person, an application shall be filed with the Columbia County planning department consistent with CCC 18.05.060. Such amendment(s) may be adopted, modified, or denied by the board of county commissioners in accordance with procedures specified in CCC 18.05.060.
b. Amendments to this chapter shall be based on; (i) change in circumstances pertaining to comprehensive plan or public policy, (ii) a change in circumstances beyond the control of the landowner pertaining to the subject property, (iii) an error in designation and/or, (iv) new information on critical areas status.
3. Interpretations.
a. In the interpretation and application of this chapter, the provisions of this section shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute.
b. Requests to the planning department for rulings and/or interpretations as to the meaning, intent, or proper general application of the provisions of this chapter and impacts of the application of its provisions to development and land use shall be made in writing to the planning department by an interested citizen or public official. The county planning director shall present a ruling or interpretation in writing and within 21 days in a timely fashion to the person submitting the request for interpretation.
4. Appeals. Any aggrieved person dissatisfied with an interpretation of this chapter or any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may appeal the decision to the hearing examiner; provided, that the person files a written notice of appeal within 20 days of receipt of the written notice. Those aggrieved persons dissatisfied with the decision regarding the administrative appeal may file an additional appeal in superior court if within 30 days of completion of the administrative appeal.
5. Administrative Rules. Applicable departments within the county are authorized to adopt such administrative rules and regulations as necessary and appropriate to implement this chapter and to prepare and require the use of such forms as necessary for its administration.
6. Severability. If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence, paragraph, section, or part of this chapter are hereby declared to be severable.
R. Property Tax Relief.
1. The Columbia County assessor shall consider the wetland and wetland buffer areas, fish and wildlife habitat conservation areas and geologically hazardous areas contained in this chapter when determining fair market value of land.
2. Any landowner of a wetland, wetland buffer area, and/or fish and wildlife conservation area who has dedicated a conservation easement or entered into a perpetual conservation restriction with a department of local, state, or federal government, or a nonprofit organization to permanently control some or all the uses and activities within these areas, may request that the Columbia County assessor reevaluate that specific area consistent with those restrictions and provisions of open space land current use taxation.
S. Violations, Enforcement, and Penalties.
1. Violations. When a critical area or its buffer has been altered in violation of this chapter, the county shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this chapter.
2. Enforcement and Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense. Upon conviction of a violation of any provision of this chapter, the defendant shall be punished by a fine not to exceed $100.00 or imprisonment not to exceed 30 days, or by both fine and imprisonment. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The county may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter. The civil penalty shall be assessed at a maximum rate of $100.00 per day per violation. [Ord. 2019-05 § 2 (Exh. B).]
16.10.110 General mitigation requirements.
A. General Mitigation Standards.
1. This section provides general mitigation requirements, as applicable to alteration of critical areas. Additional specific mitigation requirements are found under the sections for the particular type of critical area.
2. All proposed alterations to critical areas or associated buffers shall require mitigation sufficient to provide for and maintain the functions and values of the critical area, or to prevent risk from a critical area hazard, and shall give adequate consideration to the reasonable economically viable use of the property. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation may include buffers, setbacks, limits on clearing and grading, BMPs for erosion control and maintenance of water quality, or other conditions appropriate to avoid or mitigate identified adverse impacts.
3. Any approval of mitigation to compensate for impacts on a critical area or its buffer shall be supported by the best available science.
4. It is the applicant’s duty to demonstrate that they have followed the mitigation steps before a critical area can be impacted.
B. Mitigation Sequencing.
1. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated critical areas or their buffers, unless part of a restoration plan for significantly degraded wetland or stream buffer.
2. Applicants shall apply the following mitigation sequencing steps in order of priority to avoid or minimize significant adverse effects and significant ecological impacts (with subsection (B)(2)(a) of this section being top priority):
a. Avoid the adverse impact altogether by not taking a certain action or parts of an action;
b. Minimize adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectify the adverse impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;
d. Reduce or eliminate the adverse impact over time by preservation and maintenance operations;
e. Compensate, as applicable, for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and
f. Monitor the adverse impact and the compensation projects and take appropriate corrective measures.
C. Mitigation Timing. Mitigation shall be completed immediately following disturbances and prior to use or occupancy of the activity or development or when seasonally appropriate. Construction of mitigation projects shall be timed to reduce impacts on existing fisheries, wildlife, and water quality.
D. Restoration/Rehabilitation Requirements.
1. Restoration/rehabilitation is required when a critical area or its buffers have been altered on a site in violation of county regulations prior to development approval, and, as a consequence, its ecological functions have been degraded. Restoration is also required when the alteration occurs in violation of county regulations during the construction of an approved development proposal. At a minimum, all impacted areas shall be restored to their previous condition pursuant to an approved mitigation plan.
2. Restoration/rehabilitation is required when the critical area or its buffers will be temporarily altered during the construction of an approved development proposal. At a minimum, all impacted areas shall be restored to their previous condition pursuant to an approved mitigation plan.
E. Compensation. Compensation for approved critical area or buffer alterations, as applicable, shall meet the following minimum performance standards and shall occur pursuant to an approved mitigation plan:
1. The buffer for a created, restored, or enhanced critical area, proposed as compensation for approved alterations, shall be the same as the buffer required for the existing critical area.
2. On Site and In-Kind. Except as noted below or otherwise approved, all critical area impacts shall be compensated through restoration or creation of replacement areas that are in-kind, on site, and of similar or better critical area category. Mitigation shall be timed prior to or concurrent with the approved alteration and shall have a high probability of success.
3. Off Site and In-Kind. The director may consider and approve off-site compensation where the applicant demonstrates that greater biological and hydrological functions and values will be achieved. The preferred locations for off-site mitigation are areas within or adjoining designated fish and wildlife habitat corridors or as part of other applicable habitat restoration efforts. The compensation may include restoration, creation, or enhancement of critical areas. The compensation ratios specified under the on-site compensation section for each critical area shall also apply for off-site compensation. The director may request contractual linkage to the off-site parcel to ensure its availability and landowner willingness.
4. Increased Replacement Ratios. The director may increase the ratios under any of the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation due to an unproven methodology or proponent.
b. A significant time period will elapse between impact and replication of critical area functions.
c. The impact was unauthorized.
5. Decreased Replacement Ratios. The director may decrease the ratios required in the “on-site” ratios specified under the compensation section of each critical area when all the following criteria are met:
a. A minimum replacement ratio of 1:1 will be maintained.
b. Documentation by a qualified professional demonstrates that the proposed mitigation actions have a very high rate of success.
c. Documentation by a qualified professional demonstrates that the proposed mitigation actions will provide ecological functions and values that are significantly greater than the critical area being impacted.
d. The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful.
F. Critical Area Enhancement as Mitigation. Impacts on wetland and stream functions may be mitigated by enhancement of existing significantly degraded areas. Applicants proposing to use enhancement must produce a critical area report that identifies how enhancement will increase the functions of the degraded resource and how this increase will adequately mitigate for the loss of critical area and its function at the impact site. An enhancement proposal must also show whether existing critical area functions will be reduced by the enhancement actions.
G. Monitoring.
1. The county requires long-term monitoring of development proposals, unless otherwise accepted where alteration of critical areas or their buffers are approved. Such monitoring shall be an element of the required mitigation plan and shall document and track impacts of development on the ecological functions and values of critical areas, as well as the success and failure of mitigation requirements. Monitoring may include, but is not limited, to:
a. Establishing vegetation transects or plots to track changes in plant species composition over time.
b. Using aerial or other photography to evaluate vegetation community response.
c. Sampling surface and ground water to determine pollutant loading.
d. Measuring base flow rates and stormwater runoff to model and evaluate water quantity predictions.
e. Measuring sedimentation rates.
f. Sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity.
g. Sampling of water temperatures for wetlands and streams.
2. The director may require that a qualified professional, at the direction of the director and at the applicant’s expense, monitor the development proposal site during construction and for a sufficient period of time after construction to ensure satisfactory mitigation of impacts on the critical area. The qualified professional shall monitor per the provisions outlined in the approved mitigation plan based on the conditions or restrictions imposed by the county and such administrative rules as the director shall prescribe.
3. Performance Bond or Assignment of Savings. Prior to issuance of any permit or approval that authorizes site disturbance, the director may require performance security including but not limited to a performance bond, assignment of savings or other appropriate security, consistent with requirements specified in subsection (K) of this section, Mitigation Security.
H. Contingencies/Adaptive Management. When monitoring reveals a significant deviation from predicted impacts or a failure of mitigation measures, the applicant shall be responsible for appropriate corrective action. Contingency plans developed as part of the original mitigation plan shall apply but may be modified to address a specific deviation or failure. Contingency plan measures shall be subject to the monitoring requirement to the same extent as the original mitigation measures.
I. Mitigation Plan. All proposed mitigation components shall be included in the critical area report. In addition to applicable mitigation plan requirements included in CCC 16.10.120 through 16.10.160, proposed mitigation components shall include:
1. A description of specific proposed mitigation, including a delineation of critical areas lost and critical areas gained.
2. An analysis of avoidance, minimization, reduction, and compensation of impacts to maintain critical area function.
3. An analysis of how the proposed mitigation will maintain the critical area function and values.
4. A statement of any ongoing monitoring and/or inspection measures and schedule that may be required, including specification of method and frequency of submittal of reports on results to the county.
5. A statement of any required critical area expertise necessary to install, monitor, or inspect the proposed mitigation.
6. A listing of any other security required to ensure performance and/or maintenance of the proposed mitigation.
7. The director shall make the final determination regarding required mitigation. Required mitigation shall be included in an approved mitigation plan.
J. Buffers.
1. As described in more detail in each relevant section, buffers have, in some cases, been determined to be necessary and appropriate to protect critical areas and their functions or to prevent risk from a critical area hazard. In the sections where specific buffers are identified, those buffers are deemed “required” or “standard” buffers. See CCC 16.10.160(F) and Table 16.10.160(F)(3) for riparian buffers, and CCC 16.10.120 for wetland buffers. If a project or activity does not propose any alteration to those buffers or to the associated critical area, then additional mitigation will not be required to protect the critical area.
2. If, however, based on unique features of the particular critical area or its buffer or of the proposed development, the director determines that additional buffers and/or mitigation measures beyond these standard buffers are necessary to adequately protect the function of the critical area or to prevent risk of a hazard from the critical area, the director may impose such additional mitigation requirements, provided the director can demonstrate, based on the best available science, why that additional mitigation or buffering is required to adequately protect the critical area function or to prevent a hazard from a critical area.
3. If portions of a parcel that contain a proposed development activity have not had their critical areas and associated buffers delineated because they were outside the project or area affected by the project, pursuant to CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, then additional critical area assessments may be required in the future prior to any change in use or development activity for that portion of the site.
4. Further, if the applicant seeks a variance to reduce these buffers or to alter the critical area or its required buffer, then the applicant shall demonstrate, based on the best available science, why such buffer and/or critical area modification, together with such alternative mitigation proposed in the critical area report, is sufficient to provide equal or better protection of the critical area function. If necessary, variances shall provide for long-term buffer protection. Variance requests shall be reviewed pursuant to CCC 16.10.100(P).
5. The critical area report and the conditions of approval shall provide for long-term buffer protection. Regarding land division, critical areas and their associated buffers may be placed in separate tracts to be owned by all lot owners in common, by a homeowners’ association, or some other separate legal entity such as a land trust. However, critical areas and/or buffers identified and defined in this section do not require any provisions for public access, and appropriate restrictions may be included in the easement or title documents. Critical areas and/or buffers identified are, however, subject to periodic inspection by the director, upon prior notification to the landowner, to ensure long-term protection.
K. Mitigation Security. The director shall have the discretion to withhold issuance of a development permit or approval until required mitigation has been completed. Alternatively, the director may require a security instrument be put in place that will ensure compliance with the approved mitigation plan if there will be activity (e.g., monitoring or maintenance) or construction to take place after the issuance of a permit or other approval. The amount of the security shall not exceed 150 percent of the estimated cost of the uncompleted actions or construction as determined by the director. When the director determines that the mitigation plan has been successfully completed, the security shall be released to the applicant. If the mitigation plan is not successfully completed, the county shall be entitled to keep all or part of the security to the extent necessary to rectify the deficiencies regarding the completion of the mitigation plan.
L. Protection of Designated Critical Areas.
1. Identification and Recording of Critical Areas. Approval of development projects and other land use activities that require a critical area report pursuant to CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, shall be subject to the identification and designation of all critical areas and their buffers identified in the assessment process. As applicable, critical areas shall be clearly defined and labeled to show calculated area and type and/or class of critical area within each lot. The director shall require of the applicant that such designated critical areas be recorded on the final plat map or site plan, clearly showing the locations of critical areas, existing vegetation, and buffers.
a. Construction Marking. During construction, clearly visible, temporary marking, such as flagging and staking, shall be installed and maintained along the outer limits of the proposed site disturbance outside of the critical area. Such field markings may be field-approved by the director prior to the commencement of permitted activities. Markings shall be maintained throughout the duration of any construction activities.
b. Mitigation Signing and Fencing. The director may require permanent signing and/or fencing where it is determined a necessary component of a mitigation plan. The intent of this subsection is to provide clear and sufficient notice, identification, and protection of critical areas on site where damage to a critical area or buffer by humans or livestock is probable due to the proximity of the adjacent activity.
c. Sign, Marker, and Fence Maintenance. It shall be the responsibility of the landowner to maintain, including replacement of, the markers, signs, and fences required under this section in working order throughout the duration of the development project or land use activity. Removal of required markers, signs, and fences without written approval of the director shall be considered a violation of this chapter. [Ord. 2019-05 § 2 (Exh. B).]
16.10.120 Wetlands.
A. Purpose. The purpose of this section is to promote public health and welfare by instituting local measures to preserve naturally occurring wetlands that exist in the county for their associated value. These areas may serve a variety of vital functions, including, but not limited to, hydrologic functions, flood storage and conveyance, water quality protection, recharge and discharge areas for ground water, erosion control, sediment control, fish and wildlife habitat, recreation, education, and scientific research.
B. Classification and Designation.
1. Wetlands shall be identified and delineated using the methods and standards set forth in the currently approved 1987 USACE Federal Wetlands Delineation Manual, as amended, and its regional applicable regional supplements, as amended. (The Arid West Final Regional Supplement was last updated in 2008 at the time of chapter adoption.)
2. Classification and rating of wetlands will be done using the Washington State Wetlands Rating System for Eastern Washington, Ecology Publication No. 14-06-030 (October 2014), as amended. The most current copy of this document should be used in classifying wetlands and developing wetland mitigation plans.
C. Determination Process.
1. The following progressive steps will occur upon a determination by the county, per CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, that a wetland area may exist on a site proposed for a permit:
a. The director will determine if the proposed activity is within an area of project review and if there are any possible wetland areas on site. This determination shall be made following a review of information available, as well as a site inspection and/or a consultation with a qualified wetland biologist, if deemed necessary by the county. If no wetland area is determined to be present, this section shall not apply to the review of the proposed development, unless wetlands are discovered to be present during project development.
b. If it is determined by the director that wetland areas may be present, a site inspection and consultation with a qualified wetland biologist shall be conducted to more definitively determine if a wetland area exists on the site. If yes, the applicant shall complete a critical area report consistent with CCC 16.10.100(I), Critical Area Report Requirements, and subsection (D) of this section, Critical Area Report/Wetland Management and Mitigation Plan, and conduct a wetland delineation and rating using the Washington State Department of Ecology Eastern Washington Rating Manual, the approved Federal Wetlands Delineation Manual and applicable regional supplement and the 2008 USACE Arid West Supplement to the 1987 Wetlands Delineation Manual.
D. Critical Area Report/Wetland Management and Mitigation Plan.
1. As determined necessary, provided for in this section, a wetland management and mitigation plan shall be required when impacts to a wetland are unavoidable during project development.
2. Wetland management and mitigation plans shall be prepared by a qualified professional as described in CCC 16.10.170, Definitions, and be prepared per CCC 16.10.110(I) in addition to the requirements included in this section.
3. Mitigation plans must be consistent with the following guidance documents:
a. Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006), as revised.
b. Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006).
c. Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication No. 10-06-07, November 2010).
d. Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation (Ecology Publication No. 12-06-015, Olympia, WA, December 2012).
4. The wetland management and mitigation plan shall demonstrate, when implemented, that there shall be protections and adequate mitigation of the ecological function and values or acreage of the wetland.
5. The wetland management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the wetland and its associated buffer. See CCC 16.10.110 for general mitigation requirements. Monitoring shall be for a period necessary to establish that performance standards have been met. Generally, plans shall include a five-year monitoring plan unless a longer timeline is required during the review process. Forested or scrub-shrub communities shall include a 10-year monitoring plan unless a longer time is established during the review process. Monitoring does not need to occur each year during this period.
6. The wetland management and mitigation plan shall be developed to be consistent with CCC 16.10.110, General mitigation requirements, and contain a report that includes, but is not limited to, the following information:
a. Location maps, regional 1:24,000 and local 1:4,800.
b. A map or maps indicating the boundary delineation of the wetland; the width and length of all existing and proposed structures, utilities, roads, and easements; wastewater and stormwater facilities; adjacent land uses, zoning districts, and comprehensive plan designations.
c. A description of the proposed project, such as the nature, density, and intensity of the proposed development and the associated grading, structures, utilities, and stormwater facilities, in sufficient detail to allow analysis of such land use change upon the identified wetland.
d. A detailed description of vegetative, faunal, and hydrologic conditions, soil and substrate characteristics, and topographic features within and surrounding the wetland.
e. A detailed description of vegetative, faunal, and hydrologic conditions, soil and substrate characteristics, and topographic features within any compensation site.
f. A detailed description of the proposed project’s effect on the wetland and the associated hydrology, and a discussion of any federal, state, or local management recommendations that have been developed for the area.
g. A discussion of mitigation alternatives as they relate to the proposal. The mitigation alternatives shall be proposed in a manner that considers the sequence of steps per CCC 16.10.110(B), Mitigation Sequencing, to avoid or minimize significant adverse effects and significant ecological impacts.
h. A plan by the applicant that explains how any adverse impacts created by the proposed development will be mitigated, including, without limitation, the following techniques:
i. Establishment of buffer zones.
ii. Preservation of critically important plants and trees.
iii. Limitation of access to the wetland area.
iv. Seasonal restriction of construction activities.
v. Establishment of a monitoring program within the plan.
vi. Drainage and erosion control techniques.
i. A detailed discussion of ongoing management practices, which will protect the wetland after the project site has been fully developed, including proposed monitoring, contingency, maintenance, and surety programs.
j. All reports will be provided in an electronic format (word processor) and all geographic entities (e.g., maps) will be provided in a geo-coded format for use in GIS systems (e.g., ArcView, MapInfo, and AutoCAD).
7. Mitigation ratios shall be used when impacts to wetlands cannot be avoided. As identified below, the first number specifies the acreage of replacement wetlands, and the second number specifies the acreage of wetlands altered. The mitigation ratios by wetland type are shown in Table 16.10.120(D)(9).
8. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below when it is demonstrated the mitigation would provide appropriate compensation for the proposed impacts:
a. Wetland Mitigation Banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within a specified mitigation bank. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if:
i. The approval authority determines that it would provide appropriate compensation for the proposed impacts.
ii. The impact site is located in the service area of the bank.
iii. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument.
iv. Replacement ratios for projects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument.
b. In-Lieu-Fee Mitigation. Credits from an approved in-lieu-fee program may be used when all of the following apply:
i. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts.
ii. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu-fee program instrument.
iii. Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument for the in-lieu-fee program.
iv. The impacts are located within the service area specified in the approved in-lieu-fee instrument.
c. Permittee-Responsible Mitigation. Mitigation is performed by the applicant after the permit is issued at the development site or at an off-site location within the same watershed. Mitigation plans by a qualified wetland professional shall demonstrate that the compensation offsets the proposed impacts.
d. 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 consistent with Interagency Regulatory Guide: Advance Permittee- Responsible Mitigation (Ecology Publication No. 12-06-015, Olympia, WA, December 2012).
e. Enhancement as Mitigation. Impacts to wetlands may be mitigated by enhancement of existing wetlands. Applicants proposing to enhance wetlands must produce a critical area report that identifies how enhancement will increase the functions of the 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 if existing wetland functions will be reduced by the enhancement actions.
9. Mitigation Ratios.
|
Category and Type of Wetland Impacts |
Reestablishment or Creation |
Rehabilitation Only1 |
Reestablishment or Creation and Rehabilitation1 |
Reestablishment or Creation and Enhancement1 |
Enhancement Only1 |
|---|---|---|---|---|---|
|
All Category IV |
1.5:1 |
3:1 |
1:1 R/C and 1:1 RH |
1:1 R/C and 2:1 E |
6:1 |
|
All Category III |
2:1 |
4:1 |
1:1 R/C and 2:1 RH |
1:1 R/C and 4:1 E |
8:1 |
|
All other Category II |
3:1 |
6:1 |
1:1 R/C and 4:1 RH |
1:1 R/C and 8:1 E |
12:1 |
|
Category I based on score for functions |
4:1 |
8:1 |
1:1 R/C and 6:1 RH |
1:1 R/C and 12:1 E |
16:1 |
|
Category I natural heritage site |
Not considered possible2 |
6:1 rehabilitation of a natural heritage site |
R/C not considered possible2 |
R/C not considered possible2 |
Case-by-case |
Notes:
1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement.
2. Natural Heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would, therefore, result in a loss of some functions no matter what kind of compensation is proposed.
E = Enhancement
R/C = Reestablishment or Creation
RH = Rehabilitation
Reference: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication No. 06-06-011a. Olympia, Washington, Management Recommendation and Standards.
E. Wetland Protections.
1. Wetlands shall be protected based on their quality established from the rating system and from alterations, which may create adverse impacts. The greatest protection shall be provided to Category I and II wetlands.
2. Alteration shall not mean BMPs for agriculture which, by design, could not be considered a change in land use, including, but not limited to, improved chemical application or practice, which is intended to improve crop production and enhance areas adjacent to wetlands. Chemical applications should follow regulations of the state Department of Agriculture, the U.S. Environmental Protection Agency, and the state Department of Ecology, which regulates the use of herbicides to control nuisance weeds and algae in lakes and streams.
3. Activities and construction necessary on an emergency basis to prevent threats to public health and safety may be allowed if reasonable justification warrants cause for a waiver. These activities should avoid impacts to the extent practicable, and mitigation for unavoidable wetland impacts shall be required upon remedy of the emergency.
4. The county will coordinate wetland preservation strategy and effort with appropriate state and federal agencies and private conservation organizations to take advantage of both technical and financial assistance and to avoid duplication of efforts.
5. Criteria for Wetland Alterations. A regulated wetland or its required buffer can only be altered if the wetlands critical area report pursuant to subsection (D) of this section shows that the proposed alteration does not degrade the quantitative and qualitative functioning of the wetland, or any degradation can be adequately mitigated to protect the wetland function, and maintain wetland ecological functions and values as a result of the overall project. Any alteration approved pursuant to this section shall include mitigation necessary to mitigate the impacts of the proposed alteration on the wetland.
6. Required measures shall be implemented to minimize impacts to wetlands as provided in Table 16.10.120(E)(6).
|
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 the drainage chapter and manual) |
|
Change in water regime |
Infiltrate or treat, detain, and disperse into buffer new runoff from impervious 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 |
7. Wetland buffers widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland ecological functions and values at the time of the proposed activity. If the vegetation is inadequate, then the buffer width shall be increased or the buffer should be planted to maintain the standard width. Required standard wetland buffers, based on wetland category and land use intensity, are provided in Table 16.10.120(E)(7)(b), Wetland Buffer Widths.
a. The Land Use Intensity Table 16.10.120(E)(7)(a) describes the types of proposed land use that can result in high, moderate, and low levels of impacts to adjacent wetlands.
|
Level of Impact from Proposed Change in Land Use |
Types of Land Use Based on Common Zoning Designations |
|---|---|
|
High |
• Commercial • Urban • Industrial • Institutional • Retail sales • Residential (more than 1 unit/acre) • High-intensity recreation (e.g., golf courses and ball fields) |
|
Moderate |
• Residential (1 unit/acre or less) • Moderate-intensity open space (e.g., parks with biking and jogging) • Paved driveways and gravel driveways serving 3 or more residences • Paved trails |
|
Low |
• Low-intensity open space (e.g., hiking, birdwatching, and preservation of natural resources) • Timber management • Gravel driveways serving 2 or fewer residences • Unpaved trails • Utility corridor without a maintenance road and little or no vegetation management |
(b) Buffer widths, based on the types of land use, are provided in Table 16.10.120(E)(7)(b).
|
Wetland Characteristics |
Buffer Width by Impact of Proposed Land Use |
|---|---|
|
Category IV wetlands (for wetlands scoring less than 16 points for all functions) |
|
|
Score for all three basic functions is less than 16 points |
Low – 25 feet Moderate – 40 feet High – 50 feet |
|
Category III wetlands (for wetlands scoring 16 to 18 points or more for all functions) |
|
|
Moderate level of function for habitat (score for habitat 6 to 7 points) |
Low – 75 feet Moderate – 110 feet High – 150 feet |
|
Score habitat for 3 to 4 points |
Low – 40 feet Moderate – 60 feet High – 80 feet |
|
Category II wetlands (for wetlands scoring 19 to 21 points or more for all functions or having the “special characteristics” identified in the rating system) |
|
|
High level of function for habitat (score for habitat 8 to 9 points) |
Low – 100 feet Moderate – 150 feet High – 200 feet |
|
Moderate level of function for habitat (score for habitat 6 to 7 points) |
Low – 75 feet Moderate – 110 feet High – 150 feet |
|
High level of function for water quality improvement and low for habitat (score for water quality 8 to 9 points; habitat less than 5 points) |
Low – 50 feet Moderate – 75 feet High – 100 feet |
|
Riparian forest |
Buffer width to be based on score for habitat functions or water quality functions |
|
Not meeting above characteristic |
Low – 50 feet Moderate – 75 feet High – 100 feet |
|
Vernal pool |
Low – 100 feet Moderate – 150 feet High – 200 feet Or develop a regional plan to protect the most important vernal pool complexes; buffers of vernal pools outside protection zones can then be reduced to: Low – 40 feet Moderate – 60 feet High – 80 feet |
|
Category I wetlands (for wetlands scoring 22 points or more for all functions or having the “special characteristics” identified in the rating system) |
|
|
Wetlands of high conservation value |
Low – 125 feet Moderate – 190 feet High – 250 feet |
|
High level of function for habitat (score for habitat 8 to 9 points) |
Low – 100 feet Moderate – 150 feet High – 200 feet |
|
Moderate level of function for habitat (score for habitat 6 to 7 points) |
Low – 75 feet Moderate – 110 feet High – 150 feet |
|
High level of function for water quality improvement (8 to 9 points) and low for habitat (5 points or less) |
Low – 50 feet Moderate – 75 feet High – 100 feet |
|
Not meeting above characteristics |
Low – 50 feet Moderate – 75 feet High – 100 feet |
8. Wetland buffers shall be retained in their natural conditions unless change is proposed in a portion of a wetland buffer that will have a positive effect on the wetland or adequate mitigation cannot or will not be provided by predevelopment conditions. Integrity of the wetland shall be maintained as a function of the buffer.
9. Buffer Averaging.
a. Standard buffer widths may be modified by the director for an averaging to improve wetland protection when all of the following conditions are met:
i. Buffer averaging is necessary to avoid hardship to the person seeking this option, which is caused by circumstances peculiar to the property, to accomplish the purposes of the proposed development or land use activity, and no reasonable alternative is available.
ii. The wetland contains variation in sensitivity due to existing physical characteristics, as confirmed in a critical area report, and the reduction from standard buffer widths will occur only contiguous to the area of the wetland determined to be least sensitive.
iii. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component, or a “dual-rated” wetland with a Category I area adjacent to a lower rated area.
iv. The buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion.
v. Buffer width averaging will not adversely impact wetland ecological functions and values.
vi. The total area of the buffer after averaging is equal to the area required without averaging.
vii. The buffer at its narrowest point is never less than three-quarters of the required width.
10. Allowed Uses in Buffers. Low-impact uses and activities, which are consistent with the purpose and function of the habitat buffer and do not detract from its integrity, may be permitted within the buffer depending on the sensitivity of the habitat involved; provided, that such activity shall not result in a decrease in wetland ecological functions and values and shall not prevent or inhibit the buffer’s recovery to at least pre-altered condition or function. Examples of uses and activities which may be permitted in appropriate cases, as long as the activity does not retard the overall recovery of the buffer, include removal of noxious vegetation, pedestrian trails, and viewing platforms.
a. Trails. Public and private trails may be allowed within wetland buffers where they can be demonstrated in a critical area report that the wetland and wetland buffer ecological functions and values will not be degraded by trail construction or use. Trail planning, construction, and maintenance shall adhere to all of the following criteria:
i. Permeable surface trail alignment shall be located only in the outer 25 percent of a wetland buffer width, except as needed to access viewing platforms or to cross the wetland. Private trails shall be a maximum of five feet wide, but public trails may be as wide as seven feet if they are part of a regional trail network. Trails may be placed on existing levees, railroad grades, or road grades where those features exist in any part of a wetland buffer and may occupy the full width of the levee, railroad grade, or road grade.
ii. Trails and associated viewing platforms shall be constructed of pervious materials, unless impervious surfaces are necessary for conformance to the ADA. The trail surface shall meet all other requirements, including water quality standards set forth in the Stormwater Management Manual for Eastern Washington (September 2004) or as revised.
iii. Trail alignment shall avoid trees in excess of six inches in diameter of any tree trunk at a height of four and one-half feet above the ground on the upslope side of the tree where feasible.
iv. Access trails to viewing platforms within the wetland may be provided. Trail access and platforms shall be aligned and constructed to minimize disturbance to valuable functions of the wetland, or its buffer and other habitat elements, and still provide enjoyment of the resource. Only nontreated wood should be used for trails, boardwalks, and platforms. Viewing platforms shall be on pins, with only nontreated wood being used on trails, boardwalks, and platforms.
v. Buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas.
b. Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers shall apply to utility corridors within wetland buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the waterbody where feasible. Crossings shall be contained within the existing footprint of an existing or new road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than 60 degrees to the centerline of the channel. The criteria for stream crossings shall also apply.
c. Stormwater Management Facilities. Stormwater management facilities are limited to stormwater dispersion outfalls and bioswales. They 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. The location of such facilities will not degrade the functions or values of the wetland.
d. Stormwater management facilities are not allowed in buffers of Category I or II wetlands.
11. Activities or uses that would strip vegetative cover, cause substantial erosion or sedimentation, or affect aquatic life should be prohibited. [Ord. 2019-05 § 2 (Exh. B).]
16.10.130 Critical aquifer recharge areas.
A. Purpose. The purpose and intent of this section is to safeguard ground water resources from hazardous substance and hazardous waste pollution by controlling or abating future pollution from new land uses or activities.
B. Classification. Aquifer recharge areas shall be classified as following:
1. Wellhead Protection Areas. Wellhead protection areas are defined by the boundaries of the 10-year time of ground water travel or boundaries established using alternate criteria approved by the Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.
2. Sole Source Aquifers. Sole source aquifers are areas designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
3. Susceptible Ground Water Management Areas. Susceptible ground water management areas have been designated in an adopted ground water management program developed pursuant to Chapter 173-100 WAC.
4. Special Protection Areas. Defined pursuant to WAC 173-200-090.
5. Moderately, Highly Vulnerable, or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas that are moderately, highly vulnerable, or highly susceptible to degradation or depletion due to hydrogeologic characteristics are delineated by a hydrogeologic study prepared in accordance with Washington State Department of Ecology (Ecology) guidelines or criteria.
C. Determination Process. The following progressive steps will occur upon a determination by the county, per CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, that a critical aquifer recharge area may exist on a site proposed for a permit:
1. The director will determine if the proposed development activity is within an area of project review.
2. If it is determined by the director that the proposed development activity is within an area of project review, compliance with CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, and development of a critical area report is required.
D. Standards. The following standards will apply to development proposals determined to be located within critical aquifer recharge areas, as defined and described herein:
1. Regulated Activities. A site analysis and critical area report is required for uses and activities that have the potential to impact aquifer recharge areas.
2. Activities proposed within an area of project review for critical aquifer recharge shall comply with local, state, and federal agency requirements for, as applicable: connections to sanitary sewer systems; on-site sewage disposal systems; connections to public water supplies; existing and proposed wells; and water rights-related issues.
3. Regulated activities and uses may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not adversely affect the recharging of the aquifer and that the proposed activity will not cause contaminants to enter the aquifer.
4. Regulated activities must, at a minimum, comply with the source water protection requirements and recommendations of the federal Environmental Protection Agency, Washington State Department of Health, and Columbia County Public Health, as applicable.
5. Activities proposed within a critical aquifer recharge area that have a high potential for contamination are not allowed unless it is demonstrated that no other options are feasible. A hydrogeologic study for these proposed activities shall be required and shall be prepared by a qualified professional. The study shall focus, at a minimum, on the following:
a. Geologic setting, site location map, topography, and well logs for the surrounding area.
b. Current available data on springs or seeps for the surrounding area.
c. Background water quality data.
d. Water source/supply to facility.
e. Depth/location of any perched water tables or geological features that could form perched water tables if recharge is increased.
f. Ground water flow direction and gradient.
g. An analysis of physical parameters of the aquifer to include:
i. Soil types.
ii. Hydraulic conductivity.
iii. Annual recharge.
iv. Depth to water.
v. Importance of the vadose zone based on the geology above the aquifer.
h. Description (both qualitative and quantitative) of the impacts the project will have on surrounding wells.
i. Discussion of the effects of proposed project on ground water resources.
j. Proposed ground water quality protection and mitigation measures, if the proposed project could have an adverse impact on ground water resources.
k. Other information required by the planning director in consultation with other agencies of expertise.
6. Mitigation measures may be required to assure ground water protection. Implementation of protection measures to prevent contamination is required.
7. Parks, Schools, and Recreation Facilities. Fertilizer and pesticide management practices of schools, parks, other recreation facilities, and similar uses shall be applied in strict conformance to the manufacturer’s recommendations and in accordance with relevant state and federal laws.
8. All major and minor developments shall have an informational note placed on the face of plat stating, “This subdivision is located within an aquifer recharge area. BMPs shall be used for the containment of stormwater and the application of pesticides and fertilizers.” [Ord. 2019-05 § 2 (Exh. B).]
16.10.140 Frequently flooded areas.
A. Purpose. The purpose of this section is to promote the public health, safety, and welfare of the community by recognizing potential hazards that may be caused by development in areas where severe flooding is anticipated to occur. The intent of this section is to assist with minimizing public and private losses due to flood hazards by avoiding development in frequently flooded areas and implementing protective measures contained in the Columbia County floodplain chapter (Chapter 16.20 CCC), as updated.
B. Classification. Classification of frequently flooded areas, according to FEMA minimum requirements, should include, at a minimum, the 100-year floodplain designations of FEMA and the National Flood Insurance Program. The following categories of frequently flooded areas established for the purpose of classification are:
1. Floodways. The channel of a stream, plus any adjacent floodplain areas, that must be kept free of encroachment so the base flood can be carried without substantial increases in flood heights.
2. Floodplains. The floodway and special flood hazard areas, as applicable.
3. Special Flood Hazard Areas. The area adjoining the floodway which is subject to a one percent or greater chance of flooding in any given year and determined by the Federal Insurance and Mitigation Administration.
C. Designation. The area of project review for the purposes of this section include all county lands and waters that meet the following criteria:
1. Currently identified as frequently flooded areas by the Federal Insurance and Mitigation Administration in a scientific and engineering report titled the Flood Insurance Study for the County with accompanying flood insurance rate maps. If and when this study becomes updated to reflect new conditions, designation of frequently flooded areas will include the changes.
2. Within the 100-year floodplain, or having experienced historic flooding.
D. Determination Process.
1. The following progressive steps will occur upon a determination by the county, per CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, that a frequently flooded area may exist on a site proposed for a development permit:
a. The director will determine if the proposed development activity is within an area of project review.
b. If it is determined by the director that the proposed development activity is within an area of project review, compliance with the county’s flood damage prevention chapter, Chapter 16.20 CCC, as amended, is required. Completion of a critical area report is not required for frequently flooded areas.
E. Management Recommendations and Protection Standards. The following management recommendations and standards will apply to development proposals determined to be located within frequently flooded areas, as defined and described herein:
1. New development is permitted when sited and designed in a manner that does not alter the direction, velocity, or volume of flood waters in a manner that adversely impacts other properties within or adjacent to frequently flooded areas.
2. All developments must follow the provisions of the Columbia County flood damage prevention chapter, Chapter 16.20 CCC, as updated.
3. Water quality standards for frequently flooded areas shall correspond with appropriate state and federal standards. [Ord. 2019-05 § 2 (Exh. B).]
16.10.150 Geologically hazardous areas.
A. Purpose. The purpose of this section is to reduce the threats to public health and safety posed by geologic hazards. The intent is to reduce incompatible development in areas of significant geologic hazard. Development incompatible with geologic hazards may not only place itself at risk, but also may increase the hazard to surrounding development. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction or altering mining practices so risks to health and safety are minimized. When technology cannot reduce the risks to acceptable levels, development in the hazard area is best to be avoided.
B. Identification and Designation.
1. Geologically hazardous areas shall be designated consistent with the definitions provided in WAC 365-190-080(4). Geologically hazardous areas shall include all of the following:
a. Erosion hazards.
b. Landslide hazards.
c. Mine hazards.
d. Seismic hazards.
2. Erosion Hazard Areas. Those areas identified as having high or very high water erosion hazard by the U.S. Department of Agriculture Natural Resources Conservation Service as designated by the Natural Resources Conservation Service local office.
3. Landslide Hazard Areas. Those areas potentially subject to landslides based upon the following combination of geologic, topographic, and hydrologic factors are as follows:
a. Areas of historic failure with all of the following characteristics:
i. Areas having a 30 percent slope or steeper, a vertical relief of 30 feet or more, and soil types identified by the Natural Resource Conservation Service as unstable and prone to landslide hazard.
ii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps or technical reports published by the USGS, such as topographic or geologic maps, or the Geology and Earth Resources Division of the Washington Department of Natural Resources, or other documents authorized by government agencies.
b. Areas with all of the following characteristics:
i. A gradient of 15 percent or greater.
ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock.
iii. Springs or ground water seepage.
iv. Areas that have shown movement during the Holocene Epoch or which are underlain or covered by mass wastage debris of the epoch.
v. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials.
vi. Slopes having gradients greater than 80 percent subject to rock fall during seismic shaking.
vii. Areas potentially unstable as a result of rapid stream incision and streambank erosion.
viii. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding.
ix. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of solid rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.
4. Mine Hazard Areas. Those areas that fall within 100 horizontal feet of a mine opening at the surface or an area designated as a mine hazard area by the Washington State Department of Natural Resources.
5. Seismic Hazard Areas. Those areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting, include the following characteristics:
a. Areas described in subsections (B)(2) and (3) of this section or having a potential for soil liquefaction and soil strength loss during ground shaking.
b. Areas located on a Holocene fault line identified by USGS investigative maps and studies.
6. Seismic hazards shall be identified in the Washington State Department of Natural Resources seismic hazard susceptibility maps for eastern Washington and other geologic resources.
C. Mapping of Geologically Hazardous Areas.
1. The approximate location and extent of geologically hazardous areas are shown in the adopted critical area maps. The adopted critical area maps include all of the following:
a. USGS landslide hazard, seismic hazard, and volcano hazard maps.
b. Department of Natural Resources slope stability maps.
c. FEMA flood insurance maps.
d. Locally adopted maps.
2. These maps are to be used as a guide for the county, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation.
D. Determination Process.
1. Determination of Need for Geologic Hazard Area Report. A geologic hazard area detailed study of a geologic hazard area shall be required if the following indicators are present:
a. The project area is listed in the county’s critical area map as possessing either a known or suspected risk for erosion, landslide, flood, seismic, or mine hazard.
b. The project area is listed in the county’s critical area map as possessing an unknown risk for erosion, landslide, flood, seismic, or mine hazard and any of the following conditions are identified by the applicant or county:
i. A qualified geologist finds that any of the following exist: evidence of past significant events of the hazard in question on or adjacent to the site; the presence of necessary and sufficient factors for events of the hazard in question on or adjacent to the site; or reasonable uncertainty concerning the hazard and the potential for significant risk to or from the proposed activity.
ii. The director possesses a reasonable belief that a geologic hazard may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified geologist.
E. Geotechnical Report. The director may require a geotechnical report prepared by a civil engineer or geologist who is licensed to practice in the state of Washington. The geotechnical report shall include the following information:
1. A detailed narrative describing the project, including, but not limited to, associated grading and filling, structures, and utilities.
2. Classification of the type of hazard that exists.
3. Site plan that depicts the following information: location of all proposed improvements; height of slope; slope gradient; cross section of the site; location of springs, seeps, or other surface expressions of ground water; and any evidence of surface or stormwater runoff.
4. A geotechnical evaluation that includes, at a minimum, a description and/or evaluation of all of the following information:
a. Site location, topography, drainage, and surface water bodies.
b. Soils and geologic units underlying the site.
c. An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties. Soil analysis shall be accomplished in accordance with the Unified Soil Classification System.
d. Determination of height of slope and slope gradient, including slope cross sections.
e. A description of load intensity, including surface and ground water conditions, public and private sewage disposal systems, fills and excavations, and all structural development.
f. An estimate of slope stability and the effect construction and placement of structures will have on the slope throughout the estimated life of the structure.
g. An estimate of the bluff retreat rate which recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event.
h. An assessment describing the extent and type of vegetation.
i. A detailed description of the project, its relationship to geologic hazard(s), and its potential impact upon the hazard area, the subject property, and affected adjacent properties.
5. A proposed mitigation plan pursuant to CCC 16.10.110(I).
6. Qualifications of Qualified Geotechnical Professional. Critical area reports prepared pursuant to this section shall be prepared by a professional engineer registered in the state of Washington, trained and qualified to analyze geologic, geotechnical, hydrologic, and ground water flow systems, or a geologist or geotechnical engineer who has received a degree from an accredited four-year college or university and who has relevant training and experience in analyzing geologic, geotechnical, hydrologic, and ground water flow systems. Such qualifications shall be demonstrated to the satisfaction of the director.
7. The director shall evaluate documentation submitted pursuant to this section and condition permit approvals to minimize risk on both the subject property and proposed improvements, as well as affected adjacent properties. All conditions on approvals shall be based on known, available, and reasonable methods of prevention, control, and treatment. Evaluation of geotechnical reports may also constitute grounds for denial of the proposal. Any county permits or approvals issued shall contain a statement on the face of the permit notifying the permit recipient that the permit involves work within or adjacent to a geologic hazard and/or its buffer and that the permit recipient assumes the risk and associated liability for such activity.
F. Protection Standards.
1. Erosion and Landslide Hazard Areas.
a. Grading.
i. Clearing, grading, and other construction activities shall not aggravate or result in slope instability or surface sloughing.
ii. Undergrowth shall be preserved to the extent practicable.
iii. No dead vegetation, fill, or other foreign material shall be placed within a landslide hazard area, other than that approved for bulkheads or other methods of stabilization, unless a geotechnical report shows that the activity will not exacerbate landslide hazards.
iv. Ground disturbance shall be minimized to the extent practicable.
b. Ground Surface Erosion Control Management.
i. There shall be minimum disturbance of vegetation in order to minimize erosion and maintain existing stability of hazard areas.
ii. Vegetation removal on the slopes of banks between the ordinary high water mark (OHWM) and the top of the banks shall be minimized.
iii. Vegetation and organic soil material shall be removed from a fill site prior to the placement of clean earthen material.
iv. Vegetative cover shall be reestablished on any disturbed surface to the extent practicable.
v. To the extent practicable, soil stabilization materials, such as filter fabrics, riprap, and similarly designed materials, shall be placed on any disturbed surface when future erosion is likely.
c. Drainage.
i. Surface drainage, including downspouts, shall not be directed across the face of a hazard area; if drainage must be discharged from the top of a hazard area to its toe, it shall be collected above the top and directed to the toe by tight line drain and provided with an energy-dissipative device at the toe for discharge to a swale or other acceptable natural drainage areas.
ii. Stormwater retention and detention systems, including infiltration systems utilizing buried pipe, may be used if a geotechnical assessment indicates such a system shall not affect slope stability and the system is designed by a licensed civil engineer; the licensed civil engineer shall also certify that the system is installed as designed.
d. Buffers.
i. An undisturbed 30-foot buffer, as measured on the top surface, is required from the top, toe, and along all sides of any existing landslide or erosion hazard areas.
ii. Based on the results of a geotechnical assessment, the director may increase or decrease the buffer.
iii. The buffer shall be clearly staked before any construction or clearing (grading) takes place.
iv. Normal nondestructive pruning and trimming of vegetation for maintenance purposes, or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these buffer requirements.
e. Design Guidelines.
i. Foundations shall conform to the natural contours of the slope and foundations should be stepped or tiered where possible to conform to existing topography.
ii. Roads, walkways, and parking areas shall be designed with low gradients or be parallel to the natural contours of the site.
iii. To the extent practicable, access shall be in the least sensitive area of the site.
iv. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas.
v. Structures and improvements shall minimize alterations to the natural contours of the slope, and foundations shall be tiered where possible to conform to existing topography.
vi. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation.
vii. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties.
viii. New development that would require structural stabilization throughout the life of the development is prohibited except when the applicant can demonstrate that stabilization is necessary to protect allowed uses where no alternative locations are available and maintenance of ecological functions will result.
ix. The use of a retaining wall that allows the maintenance of existing natural slopes is preferred over graded artificial slopes.
x. Development shall be designed to minimize impervious lot coverage.
xi. New development, or the creation of new lots, that would cause foreseeable risk from geological conditions to people or improvements during the life of the development is prohibited.
2. Additional Standards for Erosion and Landslide Hazard Areas.
a. No critical facilities shall be constructed or located within an erosion or landslide hazard area.
b. No new structures shall be located on a permanent foundation within an erosion or landslide hazard area, unless the foundation is located at a distance landward of the OHWM that is greater than or equal to the amount of land that is expected to erode within the next 30 years as determined by the director.
c. New septic system drain fields in an erosion hazard area shall be located landward of any new structure.
3. Mine Hazard Areas. Development within a mine hazard area is prohibited.
4. Seismic Hazard Areas. Development within areas that meet the classification criteria for seismic hazard areas shall comply with the Uniform Building Code requirements for Seismic Risk Zone 2a.
5. Mitigation. When mitigation is required by this section, a mitigation plan shall be prepared by a qualified geotechnical professional and shall include the following information:
a. A discussion on how the project has been designed to avoid and minimize the impacts to geologically hazardous areas.
b. A recommendation for the minimum building setback from any bluff edge and/or other geologic hazard, based upon the geotechnical report.
c. The location and methods of drainage, locations and methods of erosion control, a vegetation management and/or restoration plan, and/or other means for maintaining long-term stability of slopes.
d. Address the potential impact of mitigation on the hazard area, the subject property, and proposed improvements and affected adjacent properties.
e. A temporary erosion and sedimentation control plan.
f. A drainage plan for the collection, transport, treatment, and discharge of surface water.
g. Demonstration of compliance with this section. [Ord. 2019-05 § 2 (Exh. B).]
16.10.160 Fish and wildlife habitat conservation areas.
A. Purpose. The purpose of this section is to provide a framework to evaluate the development, design, and location of buildings to ensure critical fish and wildlife habitat is preserved and protected, ecological functions and values are maintained, and habitat fragmentation is avoided. These regulations seek to protect critical habitat areas so populations of endangered, threatened, and sensitive species are given consideration during the development review process.
B. Identification and Designation. The following information, data, and resources are used by the county to identify and designate fish and wildlife habitat conservation areas (HCA), as defined below:
1. Areas within which federal and/or statelisted threatened or endangered fish and wildlife species exist, or state-sensitive, state-candidate, and state-monitor species have a primary association, and as designated under the Federal Endangered Species Act or within Chapter 232-12 WAC (Priority Species and Habitats).
2. Riparian Habitat Areas. For the protection of habitat along rivers, streams, and lakes, the buffer widths provided in Table 16.10.120(E)(7)(b) apply.
3. Naturally occurring ponds fewer than 20 acres and their submerged aquatic beds that provide fish or wildlife habitat.
4. The following important habitat areas, which are not based on use by a specific species, include those areas protected by their conservation ownership or management status, in addition to the protection standards within this section:
a. National wildlife refuges, national monuments, natural area preserves, or any preserve or reserve designated under WAC 332-30-151.
b. State natural area preserves or natural resource conservation areas identified by state law and managed by the Department of Natural Resources.
5. Mapping information sources for identification of fish and wildlife habitat conservation areas include, but are not limited, to:
a. WDFW Priority Habitat and Species (PHS) maps.
b. Wetlands mapped under the National Wetland Inventory by the U.S. Department of Interior, Fish and Wildlife Service.
c. WDFW/Department of Natural Resources, Washington Rivers Inventory System maps.
d. Maps and reference documents in the Southeast Washington Coalition’s SMP Inventory, Analysis, and Characterization Report, as applicable.
6. The county allows for the nomination of species/habitats of local importance. In order to nominate species/habitats of local importance as candidates for designation within the category of important habitat areas, an individual or organization must:
a. Demonstrate a need for special consideration.
b. Propose relevant management strategies considered effective and within the scope of this section.
c. Provide species habitat location(s) on a map (scale of 1:24,000).
7. It is recognized that the list of fish and wildlife habitat conservation areas (including species and habitats) will change from time to time. Further, the locations of species may also change over time. With this, the planning department will maintain and update, as necessary, its list and mapping data of federal and state threatened, endangered, sensitive, monitoring, and candidate species and habitats for the county. Coordination with the necessary federal and state agencies will need to occur to obtain the applicable data updates. Restrictions may apply as to the county’s ability to disseminate both written and mapped sensitive fish and wildlife information to the general public.
C. Determination Process.
1. The director will review each development permit application in accordance with CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, to determine if the provisions of this section will be applied to the project.
2. In making the determination, the director may use any of the inventories or reference maps identified in CCC 16.10.100(D) and subsection (D) of this section.
3. The following progressive steps will occur upon a determination by the director, per CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, that a fish and wildlife habitat conservation area may exist on a site proposed for a development permit:
a. The director will determine if the proposed development activity is within an area of project review. If the proposal is in or near an area of project review, a site inspection and consultation with federal and/or state wildlife agency personnel or a qualified biologist may be conducted to more definitively determine if a fish and wildlife habitat conservation area exists on the site if deemed necessary by the county.
b. If it is determined by the director that the proposed development activity is within an area of project review, compliance with CCC 16.10.100(H) and (I), General Review Process and Critical Area Report Requirements, and development of a critical area report is required. If it is determined that the activity is not in an area of project review, this section shall not apply to the review of the proposed permit activity.
D. Fish/Wildlife Habitat Assessment and Identification.
1. If it is determined through the process identified herein that a fish and wildlife habitat conservation area exists on a site that is the subject of a development permit application, a fish/wildlife habitat boundary survey and evaluation shall be conducted by a professional biologist, as appropriate, who is knowledgeable of fish and wildlife habitat within the county. The fish and wildlife habitat boundary shall be field staked, as necessary, by the biologist and identified on all final plats, maps, and associated documentation.
2. The fish/wildlife habitat boundary and any associated buffer shall be identified on all plats, maps, plans, and specifications submitted for the project.
E. Fish/Wildlife Habitat Management and Mitigation Plan.
1. A fish/wildlife habitat management and mitigation plan is required for all proposed developments determined to be within a fish and wildlife habitat conservation area.
2. When required, a fish/wildlife habitat management and mitigation plan shall be prepared by a professional biologist who is knowledgeable of fish and wildlife habitat within the county.
3. The fish/wildlife habitat management and mitigation plan shall demonstrate, when implemented, that the protection or mitigation of habitat functions is addressed.
4. Based on the best available science (CCC 16.10.100(G)), the fish/wildlife habitat management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the fish and wildlife habitat conservation area and any associated buffer.
5. The fish/wildlife habitat management and mitigation plan shall include maps and narrative descriptions that address at least the following items:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
d. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.
6. A plan by the applicant that explains how any adverse impacts created by the proposed development will be mitigated, shall include, but not be limited to, the following techniques:
a. Use of any federal, state, or local management recommendations which have been developed for the species or habitats in the area.
b. Application of appropriate and adequate buffers (see Table 16.10.120(E)(7)(b)).
c. Preservation of critically important plants and trees.
d. Limitation of access to the habitat conservation area.
e. Seasonal restriction of construction activities.
f. Establishment of a timetable for periodic review of the plan.
7. A detailed discussion of ongoing management practices which will protect the habitat conservation area after the project site has been fully developed, including proposed monitoring, contingency, maintenance, and surety programs.
F. Protection Standards.
1. No development permit or approval pursuant to this section shall be granted unless adverse effects to fish and wildlife habitat conservation areas resulting from proposed development activities located within a designated fish and wildlife habitat conservation area are mitigated pursuant to CCC 16.10.110 and subsection (E) of this section.
2. Fish and wildlife habitat conservation areas shall be protected in accordance with the director’s determination of appropriate conditions and site-specific information supplied by the applicant. In making such a determination, the director may solicit and consider comments and recommendations provided by Ecology, WDFW, and any technical interdisciplinary team participating in review for the proposed development. Possible conditions may include the following:
a. Applying buffers.
b. Preservation of critically important vegetation.
c. Limitation of access to the fish and wildlife habitat conservation area.
d. Seasonal restriction(s) for construction activities.
3. Buffers. Fish and wildlife habitat conservation area buffers shall be applied consistent with the methodology provided in subsection (F)(8) of this section and standards provided in Table 16.10.120(F)(3).
|
Stream Type |
Recommended Buffer |
|---|---|
|
Type S |
See Shoreline Master Program, Article V, CCC 16.15.560 |
|
Type F |
• 75 feet for areas where riparian habitat area is 60 feet in width or less • Where a riparian habitat area width is greater than 60 feet but less than 135 feet, then the buffer extends 15 feet beyond the edge of the riparian area • 150 feet where riparian habitat area is 135 feet in width or greater • To the edge of the CREP lands |
|
Type F |
50 feet |
|
Types Np and Ns |
50 feet |
1 Measured from the OHWM or top of bank, on each side of the channel as applicable.
2 Accompanied by stormwater management measures/facilities, geologic hazard protections, wetland buffers, priority habitat and species-specific management recommendations, and other shoreline master program conditions, as applicable.
CREP = Conservation Reserve Enhancement Program
OHWM = ordinary high water mark
4. Special Provisions – Anadromous Salmonids.
a. Activities, uses, and alterations proposed to be located in water bodies used by anadromous salmonids, or in areas that affect such water bodies, shall give special consideration to the preservation and enhancement of anadromous salmonid habitat, including, but not limited to, the following:
i. Activities shall be timed to occur only during the allowable work window, as designated by the WDFW.
ii. The activity is designed so that it will minimize the degradation of the functions or values of the fish habitat or other critical areas.
iii. Any impact on the ecological functions and values of the habitat conservation area are mitigated in accordance with an approved critical area report.
b. Structures that prevent the migration of anadromous salmonids shall not be allowed in the portion of the water bodies currently used by salmonids. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and prevent juveniles migrating downstream from being trapped or harmed.
c. Fills waterward of the OHWM, when authorized, shall minimize the adverse impacts on anadromous salmonids and their habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses or for uses that enable public access or recreation for significant numbers of the public.
5. Special Provisions – Wildlife. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).
6. Special Provisions – Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall, at a minimum, conform to the wetland development performance standards set forth in CCC 16.10.120, Wetlands, in addition to meeting the habitat conservation area standards in this section.
7. Special Provisions – Riparian Habitat. Unless otherwise allowed in this section, all structures and activities shall be located outside of the riparian habitat buffers.
8. Variable Buffer Widths. The methodology for applying a variable buffer approach to determine buffer widths includes the following steps:
a. Determine (approximate) the location of the OHWM or top of bank (as applicable) for the parcel of the proposed development. For this method, the OHWM is assumed to be the area next to the stream channel where the vegetation stops and the rock and cobble of the channel begins, or the top of bank in steep bank conditions, as applicable. Aerial imagery (2013) provided to the county is the imagery that is to be used to identify the OHWM or top of bank. A site visit, in addition to consulting aerial imagery, is recommended.
b. Confirm the development proposal is outside of 150 feet of the approximated OHWM, or outside of established CREP contract or conservation easement. If the development is outside of these boundaries, then no further work to identify riparian areas is required. If a development is proposed within 150 feet of the approximated OHWM then proceed to Step c.
c. Determine the presence of any known or suspected wetland, steep slope areas, priority habitat or species mapping, or other potential condition identified next to or adjacent to the proposed development. If yes, then address requirement(s) associated with one or more of these conditions, and apply applicable protection conditions. Is the development still expected to occur within 150 feet of the OHWM? If yes, then go to Step d. If no, then stop this procedure, as these other requirements are also protective of riparian functions.
d. Is there a functional break wholly within 150 feet of the OHWM (established road, railroad bed, parking area or other similar continuous development feature that provides a continuous functional break in the riparian area) that extends along the edge of the proposed development area/parcel between the site development area and the water body? If no, proceed to Step e. If yes, then establish the riparian area upland boundary to the waterward edge of the facility maintenance area (disturbed area). Development would need to be located on the landward side of the functional break.
e. Delineate the upland extent of the riparian area as defined above—the area where there is a distinct change in species composition and vegetation structure—using the 2013 aerial imagery (as provided in the GIS dataset provided to the county as part of the SMP update). Measure directly adjacent and waterward of the proposed development on a horizontal plane from the approximate OHWM to the edge of the riparian area. The line along the edge of the riparian area could be highly variable within a given parcel, as the area where the change in vegetation occurs is based on the underlying topographic elevation and area where the water body influences riparian vegetation growth. For example, in some areas, the vegetation could extend out to 150 feet or more and in others it could be much narrower.
f. Add 15 feet beyond the edge of the riparian area (up to 150 feet) and draw a line delineating the preliminary location of the riparian buffer outer boundary.
g. Additional setbacks for structures or other facilities would be added onto identified buffer width, as applicable.
h. Buffers in conjunction with other critical areas. Where other critical areas defined in this section fall within the waterbody buffer, the buffer area shall be the most beneficial of the buffers applicable to any applicable critical area.
9. Buffer Reductions. Buffers may be administratively modified as outlined below:
a. Where a legally established road or railway, or other type of continuous development, crosses or extends along a critical area buffer and provides a functional break, the director may approve a modification of the minimum required buffer width to the waterward edge of the improved continuous development, provided the upland side of the continuous development area meets all of the following criteria:
i. Does not provide additional protection of the water body or stream.
ii. Provides little (less than 20 percent ) to no biological, geological, or hydrological buffer functions relating to the riparian and upland portions of the buffer.
b. Standard Buffer Reduction. Reductions of up to 25 percent of the standard buffer may be approved if the applicant demonstrates to the satisfaction of the director that a mitigation plan developed by a qualified professional pursuant to CCC 16.10.110(I) indicates that enhancing the buffer (by removing invasive plants or impervious surfaces, planting native vegetation, installing habitat features, or other means) will result in a reduced buffer that functions at a higher level than the standard buffer.
10. Proposed developments or land use activities located within a designated habitat conservation area shall be reviewed for potential habitat impacts, considering the recommendations provided by Ecology, WDFW, and any technical interdisciplinary team participating in review for the proposed development.
11. Allowed Uses in Fish and Wildlife Habitat Conservation Areas and Riparian Habitat Area Buffers.
a. Roads, Bridges, and Utilities. Road, bridge, and utility maintenance, repair, and construction may be permitted across a fish and wildlife habitat conservation area and/or buffers under all of the following conditions:
i. It is demonstrated to the director that there are no alternative routes that can be reasonably used to achieve the proposed development.
ii. The activity will have minimum adverse impact to the fish and wildlife habitat conservation area.
iii. The activity will not significantly degrade surface or ground water.
iv. The intrusion into the fish and wildlife habitat conservation area and its buffers is mitigated.
b. Limited park or recreational access to a fish and wildlife habitat conservation area and/or stream buffers; provided, that all of the following are satisfied:
i. The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function.
ii. The access is limited to the minimum necessary to accomplish the recreational function.
iii. The intrusion is mitigated.
c. Low-impact uses and activities that are consistent with the purpose and function of the stream setback and do not detract from its integrity. Examples of low-impact uses and activities include removal of noxious vegetation and stormwater management facilities such as grass-lined swales.
12. Temporary and permanent erosion and sedimentation controls shall be provided to prevent the introduction of sediments or pollutants to water bodies or watercourses within the habitat conservation area.
13. Clearing and grading shall be limited to that necessary for establishment of the use or development and shall be conducted to avoid significant adverse impacts and minimize the alteration of the volume, rate, or temperature of freshwater flows to or within the habitat conservation area and any buffer required by this section.
14. The proposed development shall not discharge hazardous substances to the habitat conservation area that would have significant adverse impacts on that area.
15. Stream flows shall be protected from changes to the normal flow, temperature, turbidity, and discharge to the maximum extent practicable.
16. Septic drain fields and any required replacement drain field area shall be at least 100 feet from the edge of any habitat conservation area.
17. Exceptions to the above protection standards may be allowed by the director based on a special report prepared by a qualified professional that demonstrates that such exception would not adversely impact the habitat system, functions, and values of the habitat conservation area.
18. Activities may only be permitted in a stream or stream buffer if the applicant can show that the proposed activity will not degrade the ecological functions and values of the stream, stream buffer, or other critical area.
19. Stream Crossings. Stream crossings shall be minimized, but when necessary, they shall conform to the applicable provisions of this chapter and other laws (see WDFW or Ecology).
20. Stormwater Conveyance Facilities. Stormwater conveyance facilities may be permitted; provided, that they are only located in the buffer when no practicable alternative exists outside the buffer. Stormwater facilities shall be planted with native plantings where feasible to provide habitat, and/or less intrusive facilities should be used.
21. Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams or their buffers if allowed or approved by other chapters or other agencies with jurisdiction. See CCC 16.10.140, Frequently flooded areas, for more information on allowed uses and activities within flood hazard areas.
22. Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. Outer buffer trails may not exceed 10 feet in width and may be constructed with impermeable surface materials if on-site infiltration is utilized.
23. Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer and crossings shall be minimized. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body where feasible. Crossings shall be contained within the existing footprint of an existing or new road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than 60 degrees to the centerline of the channel. The criteria for stream crossings shall also apply.
24. No net effective impervious surfaces may be created in the outer buffer area beyond what is otherwise permitted.
25. No structures or related improvements, including buildings or decks, shall be permitted within the stream buffer except as otherwise allowed in CCC 16.10.100, General provisions. [Ord. 2019-05 § 2 (Exh. B).]
16.10.170 Definitions.
Adaptive Management. Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An “adaptive management program” is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty.
“Adjacent” means immediately adjoining (in contact with the boundary of the influence area) or within a distance less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” shall mean any activity or development located:
1. On site immediately adjoining a critical area; or
2. A distance equal to or less than the required critical area buffer width and building setback.
“Agricultural activities” means agricultural uses and practices, including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
“Alteration” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include but are not limited to grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation or any other activity that changes the character of the critical area.
“Amendment” means a revision, addition, alteration to the wording, context, critical area map designations or substance of the chapter.
“Anadromous fisheries” means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, inter-gravel incubation, rearing, smartification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults.
“Applicant” means a person who files an application for a permit under this chapter and who is either the owner of the land on which the proposed regulated activity would be located, a contract purchaser, or the authorized agent of such a person.
“Aquifer” means a geologic formation, a group of formations, or part of a formation that is capable of yielding a significant amount of ground water to wells or springs.
“Aquifer recharge areas” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation.
“Aquifer, sole source” means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, (Public Law 93-523.42 U.S.C. 300 et seq.), Section 1424(e).
“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designated on FIRMs with the letters A or V.
“Best available science” means a valid scientific process that includes organized investigations and observations conducted by qualified personnel using documented methods leading to verifiable results and conclusions consistent with the following characteristics:
1. Peer review.
2. Methods.
3. Logical conclusions and reasonable references.
4. Quantitative analysis.
5. Context.
6. References.
The county may use information that local, state and federal natural resource agencies have determined represents the best available science consistent with WAC 365-195-900.
“Best management practices” means conservation practices or systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxins, and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;
3. Protect trees and vegetation designated to be retained during and following site construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.
Columbia County shall monitor the application of best management practices to ensure that the standards and policies of this chapter are adhered to.
“Buffer” or “buffer zone” means an area contiguous to and that protects a critical area which is required for the continued maintenance, functioning, and/or structural stability of a critical area.
“Clearing” means the destruction or removal of vegetation ground cover, shrubs and trees including, but not limited to, root material removal and/or topsoil removal.
“Compensation” includes actions necessary to replace or enhance the critical area or its buffer depending on the scope of the approved alteration and what is needed to maintain or improve the critical area or buffer functions, including land acquisition, planning, construction plans, monitoring and contingency actions.
“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection.
“County” means Columbia County.
“County planning director” means the individual relegated the authority for administering, interpreting and enforcing this chapter.
“Critical aquifer recharge areas” means areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water or is susceptible to reduced recharge.
“Critical areas” include the following areas and ecosystems:
1. Wetlands;
2. Areas with critical recharging effect on the aquifers used for potable water;
3. Fish and wildlife habitat conservation areas;
4. Geologically hazardous areas; and
5. Frequently flooded areas. (Please refer to the Columbia County floodplain chapter for further information.)
“Department” means the Columbia County building and planning department.
“Development” means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by Columbia County that bind land to specific patterns of use, including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities:
1. Interior building improvements.
2. Exterior structure maintenance activities, including painting and roofing.
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding.
4. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries.
“Development permit” means any permit issued by Columbia County or other authorized agency, for construction, land use, or the alteration of land.
“Development regulations” or “regulations” means any controls placed on development or land use activities by the county including but not limited to the zoning chapter, official controls, planned unit development chapters, subdivision chapter, binding site plan chapter and floodplain chapter together with amendments thereto. A development regulation does not include a decision to approve a project permit application even though the decision may be expressed in a resolution or chapter of the county.
“Ecological functions” or “shoreline functions” means the work performed or role played by the physical, chemical, and biological processes and species that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
“Ecosystems” means the dynamic and interrelating complex of plant and animal communities and their associated environment.
“Erosion” means the wearing away of the ground surface as a result of mass wasting or the movement of wind, water, soil and/or ice.
“Erosion hazard areas” means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion.
“Feasible” means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: (1) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (2) The action provides a reasonable likelihood of achieving its intended purpose; and (3) The action does not physically preclude achieving the project’s primary intended legal use. In cases where these guidelines require certain actions, unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the director may weigh the relative public costs and public benefits, considered in a long-term time frame, as required by RCW 90.58.020(3).
“Fill” means the addition of soil, sand, rock, gravel, sediment, earth-retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on other aquatic areas in a manner that raises the elevation or creates dry land.
“Fish and wildlife habitat conservation areas” means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include:
1. Areas with which endangered, threatened and sensitive species have primary association;
2. Habitats and species of local importance;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;
4. Waters of the state;
5. Lakes, ponds streams and rivers planted with game fish by a governmental or tribal entity; or
6. State natural area preserves and natural resource conservation areas.
“Fish and wildlife habitat conservation areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
“Flood hazard area” means any area subject to inundation by the base flood or risk from channel migration, including, but not limited to, an aquatic area, wetland, or closed depression.
“Flood insurance map” means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and include the risk premium zones applicable to the community. Also known as “flood insurance rate map” or “FIRM.”
“Floodplain” means an area adjacent to a lake, stream or other body of water lying outside the ordinary banks of the water body and periodically inundated by flood flows.
“Floodway” means the area, as identified in a master program, that either: (a) has been established in federal emergency management agency flood insurance rate maps or floodway maps; or (b) consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover conditions, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
“Frequently flooded areas” means land located in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, wetlands and the like. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property as designated by WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
“Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.
“Geologically hazardous areas” means areas that may not be suited to development consistent with public health, safety or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-080(4). Types of geologically hazardous areas include: erosion, landslide, seismic, mine, and volcanic hazards.
“Geotechnical report” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology; the affected landform and its susceptibility to mass wasting, erosion, and other geologic hazards or processes; conclusions and recommendations regarding the effect of the proposed development on geologic conditions; the adequacy of the site to be developed; the impacts of the proposed development; alternative approaches to the proposed development; and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts on adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.
“Grading” means the physical manipulation of the earth’s surface and/or drainage pattern in preparation for an intended use or activity.
“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.
“Habitat” means the specific area or environment in which a particular type of animal or plant lives. An organism’s habitat must provide all the basic requirements for life and should be free of harmful contaminants. Habitat may be tied to temperature, water, soil, sunlight, source of food, refuge from predators, place to reproduce, and other living and nonliving factors.
“Habitats of local importance” means a seasonal range or habitat element with which a given species has a priority association, and if altered may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, topographic, and hydrological factors.
“Hazardous substance(s)” means all of the following:
1. A hazardous substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act; any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act (CWA); any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); any toxic pollutant listed under Section 307(a) of the CWA; or any imminently hazardous chemical substance or mixture with respect to which the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act.
2. Hazardous substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibit any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-102, or 173-303-103.
“Hydraulic project approval (HPA)” means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. The Washington Department of Fish and Wildlife issues hydraulic project approvals (HPAs) for the protection of all fish life.
“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality.
“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.
“Infiltration” means the downward entry of water into the immediate surface of soil.
“Invasive plant species” means the plants listed for Eastern Washington in Washington State Noxious Weed Board Publication No. 820-264E (N/6/09), the latest version of this document, and any other nonnative vegetation, which is not endemic to the SE Washington Coalition ecoregion and which expands into native plant communities (e.g., yellow starthistle, cheat grass, and knapweed species).
“Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic landslide resulting from a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including: bedrock, soil, slope gradient, slope aspect, geologic structure, ground water, or other factors.
“Mine hazard areas” means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sinkholes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.
“Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts. Mitigation may include a combination of these measures in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
3. Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
6. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.
“Native vegetation” means plant species that are indigenous to the area in question; or in the case where a site has been cleared, species of a size and type that were on the site or reasonably could have been expected to have been found on the site at the time it was cleared.
“Nonconforming activity or use” means a use or structure which was lawfully established or constructed prior to the effective date of this chapter or amendments thereto, but which does not conform to present regulations or standards contained in this chapter.
“Off-site compensation” means to replace critical areas away from the site on which a critical area has been impacted.
“On-site compensation” means to replace critical areas at or adjacent to the site on which a critical area has been impacted.
“Ordinary high water mark (OHWM)” means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.
“Owner” means any person or entity including a cooperative or a public housing authority (PHA) having the legal rights to sell, lease, or sublease any form of real property.
“Person” means a natural person, his/her heirs, executors, administrators or assignees, or a firm, partnership, or corporation and its or their successors and assignees, or a governmental agency.
“Person aggrieved” means a corporation, company, association, firm, partnership or joint stock company, as well as an individual, state, and all political subdivisions of a state or any agency or instrumentality thereof, not in agreement with a decision made by the department.
“Pollutants” means a contamination that adversely alters the physical, chemical or biological properties of the environment.
“Potable water” means water that is safe and palatable for human use.
“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas.
“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(34)).
Project. See “Development.”
“Project area” means the land area proposed to be disturbed, altered, or used by an activity or the construction of any proposed structures including all areas within 50 feet of the proposed activity or construction.
“Qualified professional” means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and two years of related work experience.
1. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.
2. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.
3. A “qualified professional for critical aquifer recharge areas” means someone who is a currently licensed Washington State geologist holding a current specialty license in hydrogeology with experience in preparing hydrogeologic assessments.
“Regulated activity” means any activity which is directly undertaken or originates in a critical area or associated buffer area.
“Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
“Restoration” means measures taken to restore an altered or damaged natural feature including:
1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and
2. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.
“Riparian area” or “riparian habitat” means an area located adjacent to flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.
“Scientific process” means a valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as follows:
1. Peer Review. The information has been critically reviewed by other qualified scientific experts in that scientific discipline.
2. Methods. The methods that were used are standardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to assure their reliability and validity.
3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and are logically and reasonably derived from the assumptions and supported by the data presented.
4. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods.
5. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.
6. References. The assumptions, techniques, and conclusions are well referenced with citations to pertinent existing information.
“Section 404 permit” means a permit issued by the Corps of Engineers for the placement of dredge or fill material or clearing in waters of the U.S., including wetlands, in accordance with 33 U.S.C. Section 1344. Section 404 permits may also require a consultation under Section 7 of the Federal Endangered Species Act for endangered species consultation. (Note: check the appropriate reference for this.)
“Seeps” means a spot where water oozes from the earth, often forming the source of a small stream.
“SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW, as promulgated through rules adopted in Chapter 197-11 WAC.
“Serviceable” means presently usable.
“Site” means any lot or parcel of land or contiguous combination thereof, where activities are proposed, performed, or permitted.
“Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.
“Special protection areas” means aquifer recharge areas described in WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:
1. Ground waters that support an ecological system requiring more stringent criteria than drinking water standards;
2. Ground water recharge areas and wellhead protection areas, that are vulnerable to pollution because of hydrogeologic characteristics; and
3. Sole source aquifer status.
Sole Source Aquifer. See “aquifer, sole source.”
“Species” means any group of plants, aquatic life, and animals classified as a species or subspecies as commonly accepted by the scientific community.
“Species, endangered” means any fish, wildlife or plant species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.
“Species of local importance” means those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species.
“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence as genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.
“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.
“Stream” means water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 and as listed under water typing system. Streams also include natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse.
“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water.
“Subject property” means the site where construction or an activity requiring a permit or approval under this chapter will occur.
“Thinning” means the evenly spaced non-commercial removal of up to 40 percent of trees and woody shrubs.
“Unavoidable” means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
“Vegetation” means plant life growing below, at, and above the soil surface.
“Vulnerability” means the combined effect of susceptibility to contamination and the presence of potential contaminants.
“Water quality” means the physical characteristics of water within shoreline jurisdiction, including water quantity and hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics.
“Water table” means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.
“Well” means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.
“Wetland” or “wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. For identifying and delineating a regulated wetland, local government shall use the Washington State Wetland Identification and Delineation Manual.
“Wetland buffer” or “wetland buffer area” means an area that surrounds and protects a wetland from adverse impacts to the functions and values of a wetland. The wetland buffer shall be determined according to the rating assigned to the wetland. The wetland buffer width is measured outward from the wetland boundary.
“Zoning” means the demarcation of an area by chapter (text and map) into zones and the establishment of development regulations to govern the uses within those zones (commercial, industrial and residential) and the location, bulk, height, shape, and coverage of structures in each zone. [Ord. 2019-05 § 2 (Exh. B).]