Chapter 21.77 SHORELINE CRITICAL AREAS REGULATIONS

Chapter 21.77
SHORELINE CRITICAL AREAS REGULATIONS

Sections:

21.77.010 Purpose.

21.77.020 Shoreline critical areas – General provisions.

21.77.030 Applicability and critical area map.

21.77.040 Shoreline critical area permitted uses – All.

21.77.050 General requirements applicable to shoreline critical areas.

21.77.060 Critical areas report.

21.77.070 Shoreline critical area mitigation requirements.

21.77.080 Critical aquifer recharge area.

21.77.090 Frequently flooded areas.

21.77.100 Wetlands.

21.77.110 Geologically hazardous areas.

21.77.120 Fish and wildlife habitat conservation areas.

21.77.010 Purpose.

The purpose of this chapter is to designate and classify ecologically critical areas, and to protect these areas and their functions and values where they exist within the shoreline jurisdiction. The mechanisms established in this chapter are intended to protect critical areas in shoreline jurisdiction and achieve no net loss of shoreline ecological functions. (Ord. 716 § 4 (Att. A), 2021)

21.77.020 Shoreline critical areas – General provisions.

(1) This chapter shall not repeal, abrogate, or impair any existing regulations. However, where this chapter imposes more protective requirements for shoreline ecological functions, the requirements of this chapter shall prevail.

(2) The critical area regulations in this chapter apply as an overlay per WMC 21.70.070, except the critical area regulations set forth in Chapter 21.51 WMC shall not apply.

(3) Compliance with this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements (e.g., substantial development permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with other requirements apart from the requirements established in this chapter.

(4) Impacts to critical areas must be addressed through compliance with the policies and regulations of the specific shoreline environment designation, the general shoreline regulations found in Chapter 21.73 WMC, and the regulations of this chapter.

(5) If buffers for two or more contiguous critical areas overlap (such as a buffer for a stream and wetland), the buffer that extends the furthest out applies at any given point.

(6) Variances to the strict requirements of this chapter shall not be granted, except through the shoreline variance process set forth in WMC 21.84.050 and WAC 173-27-170. The provisions for a reasonable use permit set forth elsewhere in the Woodinville Municipal Code shall not apply to critical areas within the shoreline jurisdiction. (Ord. 716 § 4 (Att. A), 2021)

21.77.030 Applicability and critical area map.

(1) This chapter applies to all developments, activities and uses occurring within a critical area and/or critical area buffers as defined in this chapter, subject to the limits of the shoreline jurisdictional boundaries set forth in WMC 21.70.050. For critical areas, including parts of critical areas outside of the shoreline jurisdiction see Chapter 21.51 WMC.

(2) The City’s critical area map is set forth in WMC 21.51.030. This map is for reference only and serves as a guide to identify possible critical areas on a site. Site-specific investigation and analysis are required to determine the actual presence or absence of the features that define critical areas. (Ord. 716 § 4 (Att. A), 2021)

21.77.040 Shoreline critical area permitted uses – All.

(1) Critical Area Allowances. The following development, activities and associated uses may be allowed in critical areas and their buffers without the need for a critical area review process. However, these activities must still satisfy other provisions of the shoreline master program, including the requirements for a substantial development, which are determined pursuant to WAC 173-27-040:

(a) Emergency actions as prescribed in WMC 21.73.120(1), (2) and (3);

(b) Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where:

(i) Such activities do not require construction of new roads or significant amounts of excavation; and

(ii) The disruption to the critical area shall be minimized and the disturbed areas immediately restored;

(c) Passive recreation, educational and scientific research that does not degrade critical areas or critical area buffers and that does not involve clearing or other types of construction activity;

(d) Construction or modification of navigational aids and boundary markers;

(e) Maintenance, operation, repair or replacement of publicly improved roadways or recreation areas, provided any such alteration does not: (i) involve the expansion of structures or related improvements into previously unimproved areas horizontally and in depth, and (ii) result in an alteration of a critical area; and

(f) Operations, maintenance, remodels or repairs of existing structures and facilities, provided there is no further intrusion into a critical area or its buffers and there is no significant increase in risk to life or property as result of the action;

(g) Replacement, modification, installation or construction of streets and utilities in existing developed utility easements, improved street rights-of-way, or developed private streets if the activity does not further permanently alter or increase the impact to or encroach further within a critical area or buffer and must utilize best management practices. Utilities include water, sewer lines, and stormwater and franchise (private) utilities such as natural gas lines, telecommunication lines, cable communication lines, electrical lines and other appurtenances associated with these utilities;

(h) Public and private trails designed for nonmotorized traffic only if:

(i) There is no practicable alternative that would allow placement of the trail outside of critical area or critical area buffer;

(ii) The trail surface shall meet all other requirements including water quality standards;

(iii) Trails proposed in stream or wetland buffers shall be in the outer 25 percent of the buffer area, except where bridges or access points are proposed;

(iv) Stream and wetland buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas;

(v) Trail corridors in critical areas and buffers shall not exceed eight feet in width; and

(vi) Trails proposed to be in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report;

(i) The select removal of vegetation as follows:

(i) The removal of invasive weeds, including, but not limited to, Himalayan blackberry, evergreen blackberry, ivy, holly, laurel, Japanese knotweed and other species on the King County Noxious Weed List, provided the appropriate erosion-control measures are used, and the area is replanted with native vegetation;

(ii) The cutting and removal of trees from critical areas and buffers that are hazardous and pose a threat to public safety, or pose an imminent risk of damage to private property provided WMC 21.73.050 is followed;

(iii) Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW, if the removed vegetation is replaced in-kind or with similar native species within one year in accordance with an approved restoration plan prepared by a qualified professional;

(j) Conservation, Preservation, Restoration and/or Enhancement.

(i) Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife that does not entail alteration of the location, size, dimensions or functions of an existing critical area and/or buffer; and

(ii) Restoration and/or enhancement of critical areas or buffers if the actions: (A) do not alter the location, dimensions or size of the critical area and/or buffer; (B) do not alter or disturb existing native vegetation or wildlife habitat attributes; (C) improve and do not reduce the existing functions of the critical areas or buffers; and (D) are implemented according to a restoration and/or enhancement plan that has been approved by the appropriate City staff. (Ord. 716 § 4 (Att. A), 2021)

21.77.050 General requirements applicable to shoreline critical areas.

The following apply to all critical areas and critical area buffers regulated under this chapter:

(1) Avoid Impacts.

(a) A proposal for a development, use or activity must avoid all impacts that result in a net loss of shoreline ecological functions. In the case of geologically hazardous areas, the development, use or activity must avoid all impacts resulting in an unacceptable level of risk.

(b) Unless allowed otherwise by this chapter:

(i) If alteration to a fish and wildlife habitat conservation area, wetland and/or associated buffers is proposed, all impacts to the critical areas caused by the development, use or activity proposal must be mitigated in accordance with mitigation sequencing as prescribed in WMC 21.77.070(2) and an approved critical area report as well as any applicable SEPA documents; or

(ii) If alteration to a geologically hazardous area is proposed, the development, use or activity must comply with a City-approved geotechnical report that assesses the risk to health and safety, and includes recommendations for reducing all risks to an acceptable level through engineering, design, and/or construction practices.

(2) Shoreline Critical Area Review. This subsection is intended to supplement other shoreline permitting requirements.

(a) A critical area determination and/or critical area alteration is required for all requests involving an alteration on a property where indicators of a critical area or a critical area buffer exists. The review procedures are set forth in WMC 21.82.030. If indicators of a critical area or critical area buffer are present on or near a property, the Director may require a qualified professional to evaluate the property and provide a written report to the City on the presence of critical areas or critical area buffers.

(b) If approval of a critical area alteration is required, it shall not be construed as substituting for the requirements of a shoreline permit. Where an alteration of a critical area activates a shoreline permit or exemption, the critical area alteration review and determination must be decided as part of the shoreline permit or exemption decision.

(c) Review Criteria. In lieu of the criteria for approval set forth in WMC 21.82.030(4), alterations to a shoreline critical area or critical area buffer shall demonstrate compliance with the following:

(i) The proposal will result in no net loss of shoreline ecological functions in accordance with the mitigation sequencing prescribed in WMC 21.77.070(2);

(ii) The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the proposal’s development site;

(iii) The proposal is consistent with these critical area regulations, the shoreline master program and the public interest;

(iv) Any impacts permitted to the critical area and/or buffers are mitigated in accordance with the shoreline master program;

(v) The proposal protects critical area and/or buffer functions and values consistent with the most current, accurate, and complete scientific and technical information available;

(vi) The proposal is consistent with other applicable regulations and standards; and

(vii) Alterations to critical areas and their buffers that exceed those expressly allowed by the shoreline critical area regulations can only be authorized by a shoreline variance.

(d) The Director may condition the proposed alteration as necessary to mitigate impacts to critical areas and/or critical area buffers and to conform to the standards set forth by this chapter and the shoreline master program.

(e) The Director may require critical area reports under this chapter to be evaluated by an independent qualified professional selected by the City at the applicant’s expense when the Director determines the independent evaluation to be necessary for reviewing a proposal.

(3) Building and Structure Setbacks. A minimum 10-foot setback from the edge of streams and wetlands including associated buffers is required to provide adequate distance and prevent encroachments into buffer areas to allow for maintenance and repair activity on buildings and structures. The Director may approve reductions to the 10-foot setback on a case-by-case basis provided it can be demonstrated adequate measures are in place to prevent encroachment into streams and wetlands and associated buffers.

(4) Notice on Title. To inform subsequent purchasers of real property about the presence of critical areas, the owner of the property containing a critical area or critical area buffer and on which development is proposed may be required to file for record with King County Auditor a notice indicating the presence of critical areas and/or critical area buffers. The notice must:

(a) Be in a form approved for recording by both the City and King County Auditor;

(b) State the presence of the critical area and/or critical area buffer on the property;

(d) Include a statement to the effect that failure to provide such notice of the presence of critical areas to any purchaser prior to transferring any interest in the property is a violation of the Woodinville Municipal Code.

The City may require the property owner to provide proof that the notice has been filed and recorded within a time frame to be determined by the Director.

(5) Native growth protection areas (NGPA) are required for the following:

(a) A delineated NGPA in accordance with subsection (5)(b) of this section is required for those development proposals on a property comprised of the following:

(i) New construction and/or reconstruction involving substantial improvement as defined in WMC 21.70.228; or

(ii) Land divisions involving subdivisions, short subdivisions, or binding site plans;

(b) A delineated NGPA in the form of a tract is required for the following:

(i) All landslide hazard areas and associated buffers greater than one acre in size, excluding those landslide hazard and associated buffer areas approved for development per a geotechnical report accepted by the City;

(ii) All wetlands and wetland buffers;

(iii) All fish and wildlife habitat conservation areas, excluding ponds and lakes greater than one acre in size, and Type S streams; and

(iv) All other lands to be protected from impacts as conditioned by project approval;

(d) An NGPA tract shall be held in an undivided interest by each owner of a lot within the development and this ownership interest shall pass with the ownership of the lot or shall be held by an incorporated homeowners’ association or other legal entity, which assures the ownership, maintenance, and protection of the NGPA tract;

(e) The NGPA tract shall be designated on the face of plat, short plat, binding site plan or other recorded drawing in a format approved by the City and include restrictions consistent with the following:

(i) The NGPA is designated as a protected habitat for fish and wildlife and as such shall be left in its natural state, except as enhancement to shoreline ecological functions might be provided; and

(ii) Native vegetation shall be preserved in perpetuity within the NGPA to prevent harm to property and the environment;

(iii) The City has the right to enforce NGPA restrictions; and

(iv) The Director may modify these restrictions where it is found that such modifications are reasonable and will better implement the provisions of this chapter and the shoreline master program; and

(f) The Director may require a restrictive easement to delineate an NGPA, and may authorize an easement in lieu of NGPA tract, provided the conditions set forth in subsection (4)(e) of this section are included and protect the critical area in perpetuity.

(6) Divisions of Lands and Boundary Line Adjustments Containing a Critical Area.

(a) The division of land or alteration of a boundary line involving property containing a critical area, excluding aquifer recharge areas, must comply with the following:

(i) Land located wholly within a critical area or its buffer may not be divided;

(ii) Land located partially within a critical area or its buffer may be divided; provided the developable portion of each new lot and its access is located outside of the critical area or its buffer; and

(iii) Any adjustment of property lines shall be consistent with subsections (6)(a)(i) and (ii) of this section.

(b) Transfer of Density Credits. For divisions of land involving the placement of the critical area and critical area buffer in a tract pursuant to subsection (5) of this section, the square footage of the tract may be transferred to the unconstrained portions of the site for the purpose of calculating density or floor area ratio provided:

(i) The transfer is within the proposed development site;

(ii) The transfer is not applied to other constrained areas of the site having critical areas, or to off-site properties; and

(iii) The minimum dimensions of each individual lot for residentially zoned properties may follow the dimensional standards in Table 21.77.050(6) to accommodate the transfer.

Table 21.77.050(6) – Reduced Lot Development Standards
Zoning District	Minimum Lot Area	Maximum Building Coverage	Minimum Landscaping Coverage	Minimum Lot Width at Street
R-6	5,000 square feet	50%	25%	50 feet
R-12	None	60%	10%	30 feet

(iv) In applying the reduced lot development standards in Table 21.77.050(6), the maximum impervious surface standards set forth in Table 21.74.020 shall apply to the overall site provided no individual lot shall have less than the minimum landscaping coverage. (Ord. 716 § 4 (Att. A), 2021)

21.77.060 Critical areas report.

(1) If a critical area or critical area buffer might be affected by a proposed development, use, or activity, the applicant shall submit a critical area report to the City meeting the following:

(a) Prepared by a qualified professional;

(b) Incorporate the most current, accurate, and complete scientific and technical information available using scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used; and

(2) The critical area report shall contain at a minimum the following information:

(a) The applicant’s name and contact information, a project description, and project location;

(b) Project narrative describing the proposal; anticipated temporary and permanent impacts to critical areas and/or buffers; construction activities and sequencing; restoration, enhancement, or mitigation measures; and other relevant information;

(i) The development proposal including the location of existing and proposed structures, fill, storage of materials, drainage facilities, with dimensions and any identified critical areas and buffers within 200 feet of the proposed project; and

(ii) Limits of land areas to be cleared;

(d) Other drawings to demonstrate construction techniques and anticipated final outcomes;

(e) The date the report was prepared;

(f) The names and qualifications of the persons preparing the report and documentation of any fieldwork performed to support the analysis;

(g) Identification and characterization of the site and all critical areas and critical area buffers within, and adjacent to, the proposed project area. This information shall include, but is not limited to:

(i) Size or acreage, if applicable;

(ii) Applicable topographic with existing and final grade elevations at two-foot intervals, vegetative, faunal, soil, substrate and hydrologic characteristics; and

(iii) Relationship to other nearby critical areas;

(h) An assessment of the probable cumulative impacts to critical areas resulting from the proposed development;

(i) An analysis of site development alternatives;

(j) A description of reasonable efforts made to apply mitigation sequencing pursuant to WMC 21.77.070(2) to avoid or compensate for impacts to shoreline ecological functions provided by the critical areas;

(k) Plans for mitigation in accordance with WMC 21.77.070; and

(l) Other information required as specified in this chapter.

(3) The applicant may consult with the Director prior to or during preparation of the critical area report to have waived or modified the required contents of the critical area report when in the judgment of the Director such modification will still adequately address the potential critical area impacts and required mitigation.

(4) The Director may require the applicant to provide additional information in the critical area report, and/or may require the critical area report to include an evaluation by the Department of Ecology or an independent qualified expert when in the judgment of the Director to be necessary to review the proposed activity in accordance with this chapter.

(5) A permit or approval sought as part of a development proposal for which multiple permits are required may use a previously approved critical area report provided:

(a) There is no material change in the development proposal since the prior review;

(b) There is no new information available that would change the evaluation of the critical area review of the site or of a particular critical area; and

(c) No more than five years for reports involving wetlands or fish and wildlife habitats, and seven years for reports involving all other critical areas, has lapsed since the report was first approved by the City. (Ord. 716 § 4 (Att. A), 2021)

21.77.070 Shoreline critical area mitigation requirements.

(1) Mitigation.

(a) Mitigation shall be in kind and on site, where feasible, and sufficient to maintain critical areas and shoreline ecological functions and values, and to prevent risk from hazards posed by a critical area.

(b) Required mitigation shall satisfy the following performance standards:

(i) One hundred percent survival of installed vegetation and less than 10 percent of the mitigation area covered in invasive species within the first two years of planting;

(ii) At least 50 percent vegetation coverage for installed vegetation after three years or more;

(iii) Less than 20 percent of the mitigation area covered by invasive species after three years or more; and

(iv) No infestation of knotweed at any time during the duration of the program period.

(c) Mitigation may not be implemented until after City approval of the applicable critical area report and mitigation plan. Mitigation must be implemented in accordance with the approved critical area report and mitigation plan.

(2) Mitigation Sequencing.

(a) Pursuant to WMC 21.73.020, applicants must demonstrate that all reasonable efforts have been examined with the intent to avoid, or if that is not possible, minimize and then mitigate impacts to shoreline ecological functions as provided by critical areas.

(b) When an alteration to a critical area and/or critical area buffer is proposed, such alteration shall follow the mitigation sequencing set forth below rather than as set forth in WMC 21.73.020(6):

(i) For fish and wildlife habitat conservation areas, wetlands and/or associated buffers, avoiding the impact altogether by not taking a certain action or parts of an action, except this provision shall not be used to deny a use or activity specifically authorized by the shoreline master program;

(ii) For geological hazards, minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

(iii) Minimizing impacts by limiting the degree or magnitude of the action by using appropriate technology, or by taking affirmative steps to avoid or reduce the impact;

(iv) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(v) Reducing or eliminating the impacts over time by preservation and/or maintenance operations;

(vi) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

(vii) Monitoring the impact and the compensation projects and taking appropriate corrective measures.

(3) Mitigation Plan. Where mitigation is required, the applicant shall have prepared by a qualified professional and submit to the City a mitigation plan in addition to the critical area report set forth in WMC 21.77.060. Approval of the mitigation plan consistent with this chapter is required to be obtained from the City.

(4) Mitigation Plan Content. The mitigation plan shall include the following:

(a) Descriptions of existing critical area and critical area buffer conditions, shoreline ecological functions provided by the critical area, and the anticipated impacts;

(b) A description of proposed mitigating actions and mitigation site selection criteria;

(c) A description of the goals and objectives of proposed mitigation relating to impacts to shoreline ecological functions provided by the critical area;

(d) A review of the most current, accurate, and complete scientific and technical information available supporting proposed mitigation, and a description of the qualified professional’s experience in restoring or creating the type of critical area proposed, and an analysis of the likelihood of success of the mitigation project;

(e) A description of specific measurable criteria for evaluating whether or not the goals and objectives of the mitigation plan have been successfully attained and whether or not the requirements of these critical area regulations have been satisfied;

(f) Detailed construction plans as applicable including site diagrams, cross-sectional drawings, topographic elevations at one- or two-foot contours, slope percentage, final grade elevations, and any other drawings appropriate to show construction techniques or anticipated outcomes;

(e) A maintenance and monitoring program containing, but not limited to:

(i) An outline of the schedule for site monitoring;

(ii) Use scientific procedures for establishing the success or failure of the project;

(iii) Performance standards for meeting the approval criteria consistent with subsection (1)(b) of this section;

(iv) For vegetation determinations, permanent sampling points shall be established;

(v) Contingency plans identifying courses of action and any corrective measures to be taken if monitoring or evaluation indicates performance standards have not been met;

(vi) A time schedule necessary to establish that performance standards have been satisfied, not to be less than three years;

(vii) Monitoring reports shall be prepared by a qualified professional and provided based on the following schedule: (A) at the time of construction; (B) 30 days after planting; (C) early in the growing season of the second year; (D) end of the growing season of the second year; and (E) annually thereafter;

(viii) Proposed construction sequence, timing, and duration;

(ix) Grading and excavation details;

(x) Erosion and sediment control features;

(xi) A planting plan specifying plant species, quantities, locations, size, spacing, and density, with density standards consistent with Table 21.77.070; and

(xii) Measures to protect and maintain plants until established;

Table 21.77.070 – Plant Density Standards
Condition to Be Achieved	Plant Density Standards
Forested	• Trees: nine feet on center, or 0.012 trees per square foot (this assumes two- to five-gallon size); • Shrubs: six feet on center, or 0.028 shrubs per square foot (this assumes one- to two-gallon size); and • Herbs and groundcovers: four feet on center, or 0.063 plants per square foot (this assumes 10-inch plug or four-inch pot).
Shrub	• Shrubs: five feet on center, or 0.04 shrubs per square foot (this assumes one- to two-gallon size); and • Herbs and groundcovers: four feet on center, or 0.063 plants per square foot (this assumes 10-inch plug or four-inch pot).
Emergent, Herbaceous and/or Groundcover	• Herbs and groundcovers: one foot on center, or one plant per square foot (this assumes 10-inch plug or four-inch pot); or • Herbs and groundcovers: 18 inches on center, or 0.444 plants per square foot if supplemented by over-seeding of native herbs, emergent or graminoids as appropriate.

(f) Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with WMC 21.73.110; and

(g) Other information determined necessary by the Director. (Ord. 716 § 4 (Att. A), 2021)

21.77.080 Critical aquifer recharge area.

(1) Applicability.

(a) This section applies to critical aquifer recharge areas (CARA) that are mapped on the critical area map set forth in WMC 21.77.030. The critical aquifer recharge areas inside the City limits have medium to high susceptibility to ground water contamination and are not located in a sole source aquifer or wellhead protection area.

(b) An applicant can request that a specific area identified as a CARA on the critical area map be declassified from the CARA designation provided the applicant provides evidence by means of a critical area report that includes a hydrogeologic assessment supporting the subject area is not highly susceptible to having the ground water contaminated by development and/or development activity.

(2) Exempt and Prohibited Uses and Activities.

(a) The following development or materials are exempt from this section:

(i) Construction of noncommercial structures, improvements, and additions covering less than 2,500 square feet of the total site surface area provided no increase in risk from hazardous substances will occur;

(ii) Development of parks, recreation facilities, or conservation areas that do not increase risk from hazardous substances;

(iii) Tree removal;

(iv) Hazardous materials in properly functioning and sealed units or containers; and

(v) Hazard materials of less than 20 gallons or less than 200 pounds stored or used on premises.

(b) The following new uses and activities are not allowed in a critical aquifer recharge area:

(i) Mining of any type below the water table;

(ii) Processing, storage, and disposal of radioactive substances;

(iii) Hydrocarbon extraction;

(iv) Commercial wood treatment facilities on permeable surfaces;

(v) Wrecking yards;

(vi) Landfills for hazardous waste, municipal solid waste, or special waste; and

(vii) On-site septic systems on lots smaller than one acre without a treatment system that results in effluent nitrate-nitrogen concentrations below 10 milligrams per liter.

(3) Development Standards. The following standards apply to any development proposal in a critical aquifer recharge area:

(a) All storage tanks must comply with building and fire code requirements for secondary containment;

(b) Commercial vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions;

(c) Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur;

(d) No new dry wells are allowed on sites used for vehicle repair and servicing and existing dry wells must be abandoned using techniques approved by the Washington State Department of Ecology prior to commencement of the proposed activity; and

(e) When applicable, activities shall be conditioned in accordance with applicable State and Federal regulations as necessary to protect critical aquifer recharge areas.

(4) Additional Critical Areas Reporting. In addition to the requirements for a critical areas report set forth in WMC 21.77.060, the report shall include the following:

(a) Prepared by a qualified professional who is a licensed hydrogeologist, geologist, or engineer with a minimum of five years of experience in the field and experience in preparing hydrogeologic assessments;

(b) A Level 1 hydrogeologic assessment pursuant to subsection (4)(c) of this section, except a Level 2 hydrogeologic assessment pursuant to subsection (4)(d) of this section may be required by the Director for the following:

(i) Activities that divert, alter, or reduce the flow of surface or ground water, or significantly reduce the recharging of the aquifer;

(ii) The use of hazardous substances, other than household chemicals used according to the directions specified on the packaging for domestic applications;

(iii) The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre; or

(iv) Any other activity determined by the City that is likely to have an adverse impact on ground water quality or quantity, or on the recharge of the aquifer;

(i) Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone;

(ii) Ground water depth, flow direction, and gradient based on available information;

(iii) Currently available data on wells and springs within 1,300 feet of the project area;

(iv) Location of other critical areas, including surface waters, within 1,300 feet of the project area;

(v) Available historic water quality data for the area to be affected by the proposed activity; and

(vi) Best management practices proposed to be utilized;

(d) Level 2 hydrogeologic assessment shall include the following information:

(i) The same information as a Level 1 hydrogeologic assessment set forth in WMC subsection (4)(c) of this section;

(ii) Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period;

(iii) Ground water monitoring plan provisions;

(iv) Discussion of the effects of the proposed project on the ground water quality and quantity, including:

(A) Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features; and

(B) Predictive evaluation of contaminant transport based on potential releases to ground water; and

(v) A spill plan that identifies equipment and/or structures that could fail, resulting in an impact to the CARA. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. (Ord. 716 § 4 (Att. A), 2021)

21.77.090 Frequently flooded areas.

(1) Frequently Flooded Areas – Designation.

(a) Definition. Frequently flooded areas are those areas meeting one or more of the following components. These areas shall be designated as frequently flooded areas and shall be subject to the provisions of this chapter:

(i) Floodplain;

(ii) Flood fringe; and

(iii) Floodway.

(b) Designation. Frequently flooded areas shall include the following areas:

(i) Areas Identified on Flood Insurance Map(s). Those areas identified as special flood hazard areas by the Federal Insurance Administrator pursuant to Chapter 21.53 WMC.

(ii) Areas Identified by the City. Those areas of special flood hazard identified by the City pursuant to Chapter 21.53 WMC based on a review of base flood elevation and floodway data available from Federal, State, County or other agency sources when base flood elevation data has not been provided from FEMA.

(2) Development Requirements. All development within a frequently flooded area shall comply with the requirements set forth in Chapter 21.53 WMC for flood damage prevention and the requirements of this shoreline master program.

(3) Additional Critical Area Reporting Requirements. In addition to the general critical areas report requirements set forth in WMC 21.77.060, critical area reports for frequently flooded areas shall include a flood hazard assessment and the following information:

(a) Prepared by a Qualified Professional. The critical areas report shall be prepared by a qualified professional who is a hydrologist or engineer licensed in the State of Washington. The qualified professional shall have a minimum of five years of experience in the field and experience in preparing flood hazard assessments.

(b) Site Areas. The following areas shall be addressed:

(i) The site area of the proposed activity;

(ii) All areas of a special flood hazard, or other flood area as indicated in the flood insurance maps within 200 feet of the project area; and

(iii) All other flood areas indicated on the flood insurance maps within 200 feet of the project area.

(c) Watercourse Alteration. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, a critical areas report shall include:

(i) A description of and plan showing the extent to which a watercourse will be altered or relocated as a result of the proposal;

(ii) A maintenance program that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished; and

(iii) Information describing and documenting how the proposed watercourse alteration complies with the requirements of Chapter 21.53 WMC and other applicable State or Federal permit requirements.

(d) Habitat Impact Assessment. A permit application to develop in a frequently flooded area shall include an assessment of the impact of the project on Federal, State, or locally protected species and habitat, water quality, and aquatic and riparian habitat. A habitat assessment shall be one of the following:

(i) A biological evaluation or biological assessment developed in accordance with 50 CFR 402.12;

(ii) Documentation that the activity fits within Section 4(d) of the Endangered Species Act;

(iii) Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where such assessment has been prepared and made available; or

(iv) A habitat impact assessment prepared in accordance with the current adopted FEMA Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X. The assessment shall determine if the project would adversely affect:

(A) Species that are Federal, State, or locally listed as threatened or endangered;

(B) The primary constituent elements for critical habitat, when designated, including but not limited to water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refuge for listed salmonids;

(D) Fish and wildlife habitat conservation areas; and

(E) Other protected areas and elements necessary for species conservation. (Ord. 716 § 4 (Att. A), 2021)

21.77.100 Wetlands.

(1) All developments, activities and uses that involve the alteration of a wetland and/ or associated buffer are prohibited, except as provided for in this chapter.

(2) Identification and Designation.

(a) Wetlands are those areas designated in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplements set forth in WAC 173-22-035.

(b) All areas within the City meeting the wetland designation criteria in the Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.

(c) Wetland delineations are valid for five years; after such date, the appropriate City staff shall determine whether a revision or additional assessment is necessary.

(3) Wetland Ratings.

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

(b) Wetland Rating Categories. The following table provides a summary of the categories of wetland and the criteria for their categorization:

Table 21.77.100(3) – Wetland Categories
Category	Criteria for Designation
Category I	• Represent a unique or rare wetland type; or • Are more sensitive to disturbance than most wetlands; or • Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or • Provide a high level of functions. • Score 23 points or higher on the rating system.
Category II	• Are not defined as Category I wetlands; • Are difficult, though not impossible, to replace; • Provide high levels of some functions; • Score 20 to 22 points on the rating system.
Category III	• Do not satisfy Category I or II criteria; • Provide moderate levels of functions; • Score 16 to 19 on the rating system.
Category IV	• Do not satisfy Category I, II or III criteria; • Provide the lowest levels of functions; • Often are heavily disturbed; • Score fewer than 16 points on the rating system.

(c) Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the City, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities.

(d) Wetland rating categories shall not change due to illegal modifications.

(4) Mapping.

(a) The approximate location and extent of known wetlands are identified in the City’s critical areas inventory pursuant to WMC 21.77.030(2).

(b) The exact location of a wetland’s boundary is determined through the performance of a field investigation by a qualified professional in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplements set forth in WAC 173-22-035.

(5) Regulated Activities.

(a) The following development, uses and activities are allowed in wetlands without the requirement to submit a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer:

(i) Conservation or preservation of soil, water, vegetation, fish, and wildlife that does not entail changing the structure or functions of the existing wetland;

(ii) Drilling for utilities/utility corridors under a wetland, with entrance and exit portals located completely outside of the wetland and its buffer, provided:

(A) The drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column; and

(B) A study by a hydrologist demonstrates the ground water connections to the wetland or percolation of surface water down through the soil columns will not be interrupted;

(iii) Enhancement of a wetland through the removal of nonnative invasive plant species by hand or by approved biological or chemical treatments where permits have been obtained from the appropriate regulatory agencies;

(iv) Normal and routine maintenance and repair of any existing public or private facilities within an existing public right-of-way; provided, that the maintenance or repair does not expand the footprint of the facility or right-of-way within the wetland or buffer;

(v) The physical or hydrological alteration of a wetland for a stormwater management facility to meet the requirements of a low impact development, runoff treatment, or flow control best management practice if conditions in Table 21.77.100(5)(a) are all satisfied.

Table 21.77.100(5)(a) – Stormwater Facilities in a Wetland
a.	The wetland is a Category III or IV wetland with a habitat score of 3 to 4 points.
b.	No net loss of functions and values of the wetland.
c.	The wetland does not contain a breeding population of any native amphibian species.
d.	The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and questions 2, 3, 4 of Chart 5 in the “Guide for Selecting Mitigation Sites Using a Watershed Approach” available from the Washington State Department of Ecology; or the wetland is part of a priority restoration plan that achieves restoration goals identified in the shoreline master program or regional watershed plan.
e.	The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing.
f.	All regulations regarding stormwater and wetland management are followed, including but not limited to local and State wetland and stormwater codes, manuals, and permits.
g.	Modifications that alter the structure of a wetland or its soils require existing functions and values that are lost to be compensated/replaced.
Note: A site-specific characterization is required to determine if a low impact stormwater best management practice is feasible.

(b) In addition to the uses and activities listed in subsection (5)(b) of this section, the following uses and activities are allowed within a wetland buffer in accordance with the review procedures of this chapter, provided they are conducted in a manner that minimizes impacts to the buffer and adjacent wetland:

(i) Passive recreational facilities such as walkways and trails if the conditions in Table 21.77.100(5)(b) are satisfied:

Table 21.77.100(5)(b) – Criteria for Passive Recreational Facilities
a.	The pathway is limited to minor crossings having no adverse impact on water quality.
b.	The pathway is generally parallel to the perimeter of the wetland.
c.	The pathway is in the outer 25 percent of the wetland buffer area and avoids removal of trees having a 10-inch diameter breast height and larger size.
d.	Any impervious surface materials used are no more than five feet in width, or as an alternative a raised boardwalk utilizing nontreated pilings may be acceptable.

(ii) Wildlife-viewing structures;

(iii) Education and scientific research activities; and

(iv) Repair and maintenance of nonconforming uses or structures, where legally established within the buffer, provided they do not increase the existing footprint within the wetland or buffer.

(6) Wetlands – Development Standards.

(a) Buffer Requirements.

(i) The minimum width of a wetland buffer is determined in accordance to the wetland category and habitat scoring of the wetland and Table 21.77.100(6)(a)(i).

Table 21.77.100(6)(a)(i) – Standard Wetland Buffer Widths
Wetland Category	Minimum buffer width based on habitat score
Wetland Category	3 – 5	6 – 7	8 – 9
Category I – High Conservation Value	250 feet		300 feet
Category I	100 feet	150 feet
Category II	100 feet
Category III	80 feet
Category IV	50 feet

(ii) The minimum width of a wetland buffer may be reduced in accordance to the wetland category and habitat scoring of the wetland and Table 21.77.100(6)(a)(ii)(A) if the required measures in Table 21.77.100(6)(b)(ii)(B) and subsection (6)(a)(iii) of this section are all implemented.

Table 21.77.100(6)(a)(ii)(A) – Wetland Buffer Width Reduction
Wetland Category	Minimum buffer width based on habitat score
Wetland Category	3 – 5	6 – 7	8 – 9
Category I – High Conservation Value	190 feet		225 feet
Category I	75 feet	110 feet
Category II	75 feet
Category III	60 feet
Category IV	40 feet

Table 21.77.100(6)(b)(ii)(B) – Measures to Reduce Wetland Buffer Width
Disturbance	Required Measures
Light	• Direct lights away from wetland.
Noise	• Locate activities that generate noise away from wetland. • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise sources. • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot-wide 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 ordinance and manual).
Change in water regime	• Infiltrate or treat, detain, and disperse into buffer new stormwater runoff from impervious surfaces and new lawns.
Pets and human disturbances	• 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.

(iii) The minimum wetland buffer width assumes the buffer is vegetated with native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should be either planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

(iv) Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition.

(v) Measurement of wetland buffers shall be from the outer edges of the wetland boundaries as determined through the performance of a field investigation by a qualified professional applying the wetlands identification and delineation and as surveyed in the field.

(b) Buffer Averaging – General. Averaging of a wetland buffer width can be allowed when the following are satisfied:

(i) Averaging improves wetland protection;

(ii) The wetland has significant differences in characteristics that affect its habitat functions, such as a “dual-rate” wetland with a Category I area adjacent to a lower-rated area;

(iii) 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;

(iv) The total area of the buffer after averaging is at least equal to the area required without averaging;

(v) The buffer at its narrowest point is never less than the greater of either three-quarters (75 percent) of the required width, or 75 feet for a Category I and II wetland, 50 feet for a Category III wetland, and 25 feet for a Category IV wetland; and

(vi) A critical area report meeting the requirements set forth in WMC 21.77.060 indicates the criteria in this subsection are satisfied.

(7) Compensatory Mitigation. In addition to the mitigation requirements set forth in WMC 21.77.070, supplemental compensatory mitigation is required for impacts that cannot be avoided or minimized in accordance with this subsection (WMC 21.77.100(7)).

(a) Types of compensatory mitigation are described below in order of preference:

(i) Restoration, which is the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland;

(ii) Establishment (creation), which is the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deep-water site where a wetland did not previously exist;

(iii) Enhancement, which is the manipulation of the physical, chemical, or biological characteristics of a site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present; and

(iv) Protection/maintenance (preservation), which is removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland.

(b) Compensatory mitigation shall achieve equivalent or greater shoreline ecological functions existing prior to the proposed alteration and shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-032), as revised.

(c) Compensatory mitigation actions for wetlands or wetland buffers shall not result in a net loss of wetland or buffer area except when the lost wetland or buffer area provides minimal functions and the mitigation action(s) results in a net gain in wetland or buffer functions as determined by a site-specific function assessment.

(d) Compensatory mitigation actions shall be in kind and conducted within the same basin and on the same site as the alteration except when the following apply:

(i) There are no reasonable on-site opportunities for mitigation or on-site opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;

(ii) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and

(iii) Off-site locations shall be in the same basin and the same water resource inventory area (WRIA).

(e) Alternative Mitigation Plans. The Director may approve alternative wetland mitigation plans that are based on scientific and technical information consistent with WAC 173-26-201 such as priority restoration plans that achieve restoration goals set forth in the shoreline master program provided the alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter.

(f) Mitigation Timing. Where feasible, compensatory mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of compensatory mitigation projects shall be timed to reduce impacts to existing wildlife and flora.

(g) Compensatory Mitigation Ratios.

(i) These ratios in the following table apply to wetland creation, rehabilitation or restoration that is in kind, on site, the same category, and has a high probability of success. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered.

Table 21.77.100(7) – Wetland Mitigation Ratios
Wetland Category	Creation or Reestablishment	Rehabilitation	Enhancement
Category I	4:1	8:1	16:1
Category II	3:1	6:1	12:1
Category III	2:1	4:1	8:1
Category IV	1.5:1	3:1	6:1

(ii) Increased Replacement Ratio. The Director may increase the ratios in Table 21.77.100(7) under the following circumstances:

(A) Uncertainty exists as to the probable success of the proposed restoration or creation; or

(B) A significant time period will elapse between impact and replication of wetland functions; or

(C) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

(D) The impact was an unauthorized impact.

(iii) Decreased Replacement Ratio. The Director may decrease the ratios in Table 21.77.100(7) under the following circumstances:

(A) Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;

(B) Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will not result in a net loss of shoreline ecological functions; and

(iv) Minimum Replacement Ratio. In all cases, a minimum acreage replacement ratio of 1:1 is required.

(v) Compensatory mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised).

(h) Wetland Mitigation Banks.

(i) Credits from a wetland mitigation bank may be approved for use as compensatory mitigation for unavoidable impacts to wetlands when:

(A) The bank is certified under Chapter 173-700 WAC;

(B) The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

(ii) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification.

(iii) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, bank service areas may include portions of more than one WRIA for specific wetland functions.

(i) Wetland Enhancement as Mitigation.

(i) Impacts to wetlands may be mitigated by enhancement of existing significantly degraded wetlands.

(ii) Applicants proposing to enhance wetlands must produce a critical area report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site.

(iii) The enhancement acreage shall be pursuant to the ratios in Table 21.77.100(7).

(j) In-Lieu Fee Mitigation. Credits from an approved in-lieu-fee program may be used for compensatory mitigation if the following are all applied:

(i) The Director determines that it would provide environmentally appropriate compensation for the proposed impacts;

(ii) The proposed use of credits is consistent with the terms and conclusions 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; and

(iv) The impacts are located within the serve area specified in the approved in-lieu-fee instrument.

(k) Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required and satisfying the following:

(i) The requirements for a critical area report pursuant to WMC 21.77.060;

(ii) A compensation mitigation report following the guidance found in Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b) as revised; and

(iii) The monitoring plan shall not be for a period of less than five years.

(8) Required Signage.

(a) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and inspected by the City prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction, and shall not be removed until permanent signs, if required, are in place pursuant to subsection (6)(h) of this section.

(b) Permanent Signs.

(i) As a condition of any permit or authorization issued pursuant to this chapter, City staff may require the applicant to install permanent signs along the boundary of a wetland or buffer.

(ii) Permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. The sign shall be worded as follows or with alternative language approved by the City staff:

Protected Wetland Area

Do Not Disturb.

Contact the City of Woodinville

Regarding Uses and Restriction

(iii) Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity.

(9) Protective Fencing.

(a) The Director may condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the wetland buffer, when fencing will prevent future impacts to the wetland.

(b) Fencing installed as part of a proposed activity or as required in this subsection shall be designed to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.

(10) Monitoring. Compensatory mitigation projects shall be monitored for a period necessary to establish the performance standards, but not for a period of less than five years. (Ord. 716 § 4 (Att. A), 2021)

21.77.110 Geologically hazardous areas.

(1) Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other geologic events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. In the City of Woodinville, areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area:

(a) Erosion hazard;

(b) Landslide hazard; and

(2) Specific Geological Hazard Areas – Designation.

( a) Erosion Hazard Areas. Erosion hazard areas are those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard.

(b) Landslide Hazard Areas. Landslide hazard areas are those areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, and at a minimum include the following:

(i) Areas of historic failures, such as:

(A) Those areas delineated by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “severe” limitation for building site development;

(B) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Department of Natural Resources;

(ii) Areas with all three of the following characteristics:

(A) Slopes steeper than 15 percent; and

(B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

(iii) Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;

(iv) Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action;

(v) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

(vi) Steep slopes, which are any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, excluding areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

(c) Seismic Hazard Areas. Seismic hazard areas are those areas subject to severe risk of damage because of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington State. The strength of ground shaking is primarily affected by:

(i) The magnitude of an earthquake;

(ii) The distance from the source of an earthquake;

(iii) The type and thickness of geologic materials at the surface; and

(iv) The subsurface geologic structure.

Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose, or soft-saturated soils of low density, typically in association with a shallow ground water table.

(d) Other Geological Hazard Areas.

(i) Volcanic hazard areas must include areas subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

(ii) Mine hazard areas are those areas underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or air shafts. Factors which should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.

(3) Mapping. The approximate location and extent of geological hazardous areas are shown on the adopted critical area maps. These include:

(i) U.S. Geological Survey landslide hazard, seismic hazard and volcano hazard maps;

(ii) Department of Natural Resources seismic hazard maps for Western Washington;

(iii) Department of Natural Resources slope stability maps;

(iv) Federal Emergency Management Administration flood insurance maps; and

(v) Locally adopted maps.

These maps are guides for project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not represent a final critical area designation.

(4) Additional Report Requirements.

(a) For development and alterations proposed within erosion or landslide hazard areas, the applicant is required to submit a geotechnical report prepared by a qualified professional.

(b) The Director may require a geotechnical report for development and alterations proposed within a seismic hazard area.

(5) Where a geotechnical report is required, a geotechnical assessment of the geological hazards including the following site- and proposal-related information shall be included in either a geotechnical report or a critical area report.

(a) Site and construction plans for the proposal showing:

(i) The type and extent of geologic hazard areas, any other critical areas, and any critical area buffers on, adjacent to, within 200 feet of, or that are likely to impact the proposal or be impacted by the proposal;

(ii) Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the geologically hazardous area; and

(iii) The topography, in two-foot contours of the project area and all hazard areas addressed in the report.

(b) An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. Soils analysis shall be accomplished in accordance with accepted taxonomic classification systems in use in the region. The assessment shall include, but not be limited to:

(i) A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report;

(ii) A detailed overview of the field investigation’s published data and references; data and conclusions from past assessments of the site; and site-specific measurements, tests, investigations, or studies that support the identification of geologically hazardous areas; and

(iii) A description of the vulnerability of the site to the relevant geologic hazard.

(c) A geotechnical analysis including a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property and affected adjacent properties.

(d) Recommendations for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis. The Director may assign buffer and building setbacks based on this information. For steep slopes, the minimum buffer widths are specified in subsection (9)(c) of this section.

(e) When hazard mitigation is required:

(i) The mitigation plan shall specifically address how the activity maintains or reduces the preexisting level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation);

(ii) Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function; and

(iii) Mitigation may also be required to avoid any increase in risk above the preexisting conditions following abandonment of the activity.

(f) Where a valid geotechnical report has been prepared and approved by the City within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into a required critical area or satisfy the requirements for a geotechnical report, provided the applicant submits a geotechnical assessment detailing any changed environmental conditions associated with the site.

(g) Additional information determined by the Director to be necessary to the review of the proposed activity and the subject hazard.

(6) In addition to the geotechnical report requirements specified in subsection (5) of this section, a geotechnical or critical area report (as specified in WMC 21.77.060) for an erosion hazard or landslide hazard shall include the following information:

(a) A site plan drawing for the proposal showing the following:

(i) The height of slope, slope gradient, and cross-section of the project area;

(ii) The location of springs, seeps, or other surface expressions of ground water on or within 200 feet of the project area or that have potential to be affected by the proposal; and

(iii) The location and description of surface water runoff.

(b) The geotechnical analysis shall specifically include:

(i) A description of the extent and type of vegetative cover;

(ii) An estimate of load capacity including surface and ground water conditions, public and private sewage disposal systems, fills and excavations, and all structural development;

(iii) An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure;

(iv) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event;

(v) Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down-slope properties;

(vi) A study of slope stability including an analysis of proposed angles of cut and fills and site grading;

(vii) Recommendations for building limitations, structural foundations, and an estimate of foundation settlement; and

(viii) An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion.

(c) For any development proposal within an erosion hazard area, an erosion and sediment control plan acceptable to the City is required.

(d) A drainage plan for the collection, transport, treatment, discharge and/or recycle of water.

(e) Whenever development, including, but not limited to, stairs, pathways, trams and their support structures, retaining walls, and structures, is performed on any erosion, landslide hazard, or steep slope area as defined in this section, a mitigation plan shall be prepared that includes the following:

(i) The location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or replanting plan, and/or other means for maintaining long-term soil stability;

(ii) Including requirements for all disturbed areas to be revegetated; and

(iii) Revegetation shall include planting of species indigenous to the Northwest, together with a schedule of their maintenance.

(f) If the Director determines there is a significant risk of damage to downstream receiving waters due to potential erosion from the site, a monitoring surface water report can be required. The report shall include a plan to monitor the surface water discharge from the site and include a recommended schedule for submitting monitoring reports to the City.

(7) Seismic hazard areas require geotechnical reporting consistent with subsections (4)(b) and (5) of this section and the following:

(a) The site map shall show all known and mapped faults within 200 feet of the project area or that have potential to be affected by the proposal; and

(b) The geotechnical analysis shall include a complete discussion of the potential impacts of seismic activity on the site (for example, forces generated and fault displacement).

(8) Geologically Hazardous Areas – General Development Standards.

(a) Alterations to geologically hazardous areas and/or associated buffers may only occur for activities that a qualified professional determines:

(i) Will not increase the threat of the geologic hazard to adjacent properties beyond predevelopment conditions;

(ii) Will not adversely impact other critical areas or critical area buffers;

(iii) Are designed so that the hazard is eliminated or mitigated to a level equal to or less than predevelopment conditions; and

(iv) Are certified as safe by a qualified engineer or geologist, licensed in the State of Washington.

(b) Essential Public Facilities Prohibited. Essential public facilities shall not be placed within geologically hazardous areas unless there is no practical alternative.

(9) Geologically Hazardous Areas – Specific Development Standards.

(a) Alterations of an erosion or landslide hazard area and/or associated buffers may only occur for which a geotechnical report is submitted and certifies:

(i) The development will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions;

(ii) The development will not decrease slope stability on adjacent properties; and

(iii) Such alterations will not adversely impact other critical areas or critical area buffers.

(b) A buffer shall be established from the top and bottom edges of steep slopes as defined in Table 21.77.110(2). The size of the buffer shall be determined by the Director consistent with subsection (9)(c) of this section to eliminate or minimize the risk of property damage, death or injury resulting from erosion and landslides caused in whole or part by the development, based upon review of and concurrence with a geotechnical and/or critical area report prepared by a qualified professional.

(i) The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater.

(ii) The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates to the City’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, and uses and the subject critical area.

(iii) The buffer may be increased where the Director determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.

(d) Development within erosion or landslide hazard areas and/or associated buffers shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides equivalent or greater long-term slope stability while meeting all other provisions of these critical area regulations. The requirement for long-term slope stability shall exclude designs that require periodic maintenance or other actions to maintain their level of function. The basic development design standards are:

(i) The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code;

(ii) Structures and improvements shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography;

(iii) Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation;

(iv) The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties;

(v) The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and

(vi) Development shall be designed to minimize impervious surfaces.

(e) Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited.

(f) Clearing shall be allowed only from May 1st to October 1st of each year; provided, that the Director may extend or shorten the dry season on a case-by-case basis depending on actual weather conditions.

(g) Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. Stormwater conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior.

(h) Point discharges from surface water facilities and roof drains onto or upstream from erosion or landslide hazard area shall be prohibited except as follows:

(i) Conveyed via continuous storm pipe downslope to a point where there are no erosion hazards areas downstream from the discharge;

(ii) Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the predeveloped state; or

(iii) Dispersed discharge upslope of the steep slope onto a low-gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff.

(i) The division of land in erosion and landslide hazard areas and associated buffers is subject to the following:

(i) Land that is located wholly within erosion or landslide hazard area or its associated buffer may not be subdivided. Land that is located partially within erosion or landslide hazard area or associated buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of the erosion and landslide hazard and associated buffers, and will not affect the erosion or landslide hazard or associated buffer.

(ii) Access roads and utilities may be permitted within the erosion or landslide hazard area and associated buffers if the Director determines that no other feasible alternative exists.

(j) On-site sewage disposal systems, including drain fields and infiltration drainage systems are prohibited within erosion and landslide hazard areas and related buffers.

(k) New stabilization structures for existing primary residences shall be permitted within shoreline areas only where no alternatives (including relocation or reconstruction of existing structures) are feasible and less expensive than the proposed stabilization measure, and then only if no net loss of shoreline ecological functions will result.

(l) Activities proposed to be in seismic hazard areas shall meet the standards of subsection (8)(a) of this section. (Ord. 716 § 4 (Att. A), 2021)

21.77.120 Fish and wildlife habitat conservation areas.

(1) Fish and wildlife habitat conservation areas include:

(a) Areas with which State or Federally designated endangered, threatened, and sensitive species have a primary association.

(i) Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or are threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

(ii) State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington, identified by the State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the State without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (State endangered species), and WAC 232-12-011 (State threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status.

(b) State Priority Habitats and Species. Priority habitats and species are priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status; sensitivity to habitat alteration; and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the State Department of Fish and Wildlife.

(c) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the City as approved by the Woodinville City Council, including those that possess unusual or unique habitat warranting protection.

(i) Table 21.77.120(1)(c) sets forth species that are designated as species of local importance.

Table 21.77.120(1)(c) – Species of Local Importance
Common Name	Scientific Name
Bald eagle	Haliaeetus leucocephalus
Peregrine falcon	Falco peregrines
Common loon	Gavia immer
Pileated woodpecker	Dryocopus pileatus
Vaux’s swift	Chaetura vauxi
Purple martin	Progne subis
Western grebe	Aechmophorus occidentalis
Great blue heron	Ardea herodias
Green heron	Butorides virescens
Osprey	Pandion haliaetus
Western big-eared bat	Plecotus townsendii
Keen’s myotis	Myotis keenii
Long-eared myotis	Myotis evotis
Oregon spotted frog	Rana pretiosa
Western pond turtle	Clemmys marmorata
Bull trout	Salvelinus confluentus
Chinook salmon	Oncorhynchus tshawyscha

(ii) When nominating additional habitats or species, the following criteria shall be considered in designating species of local importance:

(A) Habitat or species rarity or vulnerability to rarity, as evidenced by restricted, small, or declining species population and habitats or community loss or degradation;

(B) The need for protection, maintenance, and/or restoration of the nominated habitat to ensure the long-term survival of a species;

(C) If applicable, the ability of the site to maintain connectivity between habitat areas or to contribute significantly to regional biodiversity as evidenced by species use, richness, abundance, and/or rarity;

(D) Why special protection is needed and how existing County, State and Federal programs and regulations do not provide adequate protection; and

(E) Any proposed management strategies for the affected species or habitat supported by best available science.

(d) Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

(e) Waters of the State. In the City of Woodinville, waters of the State include lakes, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington, as classified in WAC 222-16-031.

(f) State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves, and natural resource conservation areas are defined, established, and managed by the State Department of Natural Resources.

(g) Land found by the Woodinville City Council to be essential for preserving connections between habitat blocks and open spaces.

(2) Water Typing. Streams shall be designated in accordance with Table 21.77.120(2):

Table 21.77.120(2) – Stream Water Type
Water Typing	Brief Description	Designation Criteria
Type S	Shorelines of the State	Sammamish River and Little Bear Creek including periodically inundated areas of their associated wetlands
Type F stream	Fish-bearing streams/continuous and seasonal flows	Segments of natural waters that are not classified as a Type S stream and are at least seasonally utilized by fish for spawning, rearing or migration. Stream segments which are fish passable are presumed to have at least seasonal fish use. Fish passage should be determined using the best professional judgment of a qualified professional.
Type Np stream	Non-fish-bearing streams/continuous flows	Segments of natural waters that are perennial non-fish-bearing streams. Perennial streams do not go dry any time during a year of normal rainfall. However, for the purpose of stream typing, Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional.
Type Ns stream	Non-fish-bearing streams/seasonal flows	Segments of natural waters that are not classified as Type S, F, or Np streams. These are seasonal, non-fish-habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an above ground channel system to Type S, F, or Np waters.
Note: “Natural waters” only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.

(3) Mapping.

(a) The approximate location and extent of the fish and wildlife habitat conservation areas are shown on the critical area maps adopted by the City of Woodinville, as most recently updated. The following critical area maps are hereby adopted:

(i) Department of Fish and Wildlife priority habitat and species maps;

(ii) Department of Natural Resources official water type reference maps, as amended;

(iii) Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors Reports published by the Washington Conservation Commission;

(iv) Department of Natural Resources State natural area preserves and natural resource conservation area maps; and

(v) City of Woodinville official habitat maps.

(b) These maps are guides for project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not represent a final critical area designation.

(4) In addition to the critical area report requirements prescribed in WMC 21.77.060, a habitat assessment shall be included. A habitat assessment is an investigation of the project area to evaluate the presence or absence of potential critical fish or wildlife habitat. The habitat assessment shall include the following site- and proposal-related information:

(a) Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that has a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

(b) A discussion of any Federal, State, or local special management recommendations, including Department of Fish and Wildlife habitat management recommendations that have been developed for species or habitats located on or adjacent to the project area;

(c) A discussion of any ongoing management practices that will protect habitat after the project site has been developed, including any proposed monitoring and maintenance programs;

(d) When appropriate due to the type of habitat or species present or the project area conditions, the Director may also require the habitat management plan to include:

(i) An evaluation by the State Department of Fish and Wildlife, local Native American Indian tribe, or other qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and/or

(ii) Detailed surface and subsurface hydrologic features both on and adjacent to the site.

(5) Fish and Wildlife Habitat Conservation Areas – General Development Standards.

(a) A fish and wildlife habitat conservation area may be altered only if consistent with mitigation sequencing as prescribed in WMC 21.77.070(2) and the proposed alteration of the habitat or the mitigation proposed does not result in a net loss of shoreline ecological functions. All new structures and land alterations shall be prohibited within fish and wildlife habitat conservation areas, except as allowed in accordance with this chapter.

(b) Whenever activities are proposed in or adjacent to a fish and wildlife habitat conservation area, which State or Federally endangered or threatened species have a primary association, such area shall be protected through the application of measures in accordance with a critical area report prepared by a qualified professional and approved by the City, and guidance provided by the appropriate State and/or Federal agencies.

(c) All activities, uses, and alterations proposed to be located in or within the established buffers of water bodies used by anadromous fish shall give special consideration to the preservation and enhancement of anadromous fish and fish habitat.

(d) Plant, wildlife, or fish species not indigenous to western Washington State shall be excluded from fish and wildlife habitat conservation areas unless authorized by a State or Federal permit or approval.

(e) The Director shall condition approvals of activities allowed within or adjacent to a fish and wildlife habitat conservation areas and associated buffers as follows:

(i) Establishment of buffer zones;

(ii) Preservation of critically important vegetation;

(iii) Limitation of public access to the habitat area, including fencing to deter unauthorized access;

(iv) Seasonal restriction of construction activities;

(v) Establishment of a duration and timetable for periodic review of mitigation activities; and

(vi) Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation; and

(vii) Other conditions deemed necessary to ensure no net loss of ecological functions.

(f) Any approval of alterations or impacts to a fish and wildlife habitat conservation area shall be supported by the most current, accurate, and complete scientific and technical information available.

(6) Fish and Wildlife Habitat Conservation Area – Buffers.

(a) The Director shall require the establishment of buffer areas for activities in, or adjacent to, fish and wildlife habitat conservation areas when needed to protect fish and wildlife habitat conservation areas.

(i) Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions and values of the affected habitat.

(ii) Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby.

(iii) The determination of a specific area being a fish and wildlife habitat conservation area shall be made on a site-specific, case-by-case basis.

(b) The following standard buffers shall be established, measured outward on the horizontal plane from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified:

Table 21.77.120(6)(b) – Stream Buffers
Water Type	Standard Buffer Width	Minimum Buffer Width with Enhancement
Type S Stream	150 feet	100 feet
Type F Stream	100 feet	50 feet
Type Np Stream	75 feet	37.5 feet
Type Ns Stream	50 feet	35 feet

(c) Minimum Buffer Width with Enhancements. The Director may approve using the minimum buffer width with enhancements in Table 21.77.120(6)(b) if:

(i) The proposal is within a Residential and/or General Urban Environment and only when the existing stream buffer is degraded;

(ii) The incentive-based action measures set forth in Table 21.77.120(6)(c) are employed;

(iii) A critical area report and mitigation plan approved by the City, and the most current, accurate, and complete scientific and technical information available applied on a case-by-case basis determine that a smaller area is adequate to protect the habitat functions and values based on site-specific characteristics and the proposal will result in a net improvement of stream and buffer functions;

(iv) An enhancement plan for mitigating buffer-reduction impacts is prepared;

(v) Where a substantial portion of the remaining buffer is degraded, revegetation with native plants in the degraded portions shall be included in the remaining buffer area; and

(vi) A monitoring and maintenance plan shall be included for a period necessary to establish the performance standards, but not for a period of less than five years.

Table 21.77.120(6)(c) – Enhanced Stream Buffer Incentive Options
Description of Action	Options	Allowed Reduction
Removal of impervious surface	Remove at least 50 percent of the impervious surface within the reduced buffer, and where the total impervious surface removed is more than 500 square feet	10 percentage points
Removal of impervious surface	Remove 100 percent of impervious surfaces within the reduced buffer, where at least 50 percent of the reduced buffer presently contains impervious surface	20 percentage points
Installation of bio-filtration/infiltration mechanisms	Install bioswales, created and/or enhanced wetlands, or ponds supplemental to existing or required surface water drainage and water quality requirements	20 percentage points
Removal of invasive, nonnative vegetation and replanting with native species vegetation	Remove and employ extended (minimum five-year) monitoring and continued-removal maintenance of relatively dense stands of invasive, nonnative vegetation from significant portions of the remaining buffer area	10 percentage points
In-stream habitat enhancement	Placement of log structure, bioengineered bank stabilization, or culvert removal	20 percentage points
	Improve fish passage and/or creation of side channel or backwater areas	25 percentage points
	Remove piped streams and restore as open stream with restored buffer areas	25 percentage points
Installation of oil/water separators	If not required by other provisions of the Woodinville Municipal Code, install oil/water separator for stormwater quality control	10 percentage points
Off-site restoration, if no on-site area is possible	Restoration is provided at a 2:1 ratio or greater	10 percentage points
Off-site restoration, if no on-site area is possible	Restoration is provided at a 4:1 ratio or greater	20 percentage points
Remove toxic material	Remove significant refuse or sources of toxic material	5 percentage points
Notes: • Where multiple options for an action are prescribed, only one option per action may be applied. • 10 percentage points means the buffer width can be reduced by 10 percent. If two or more incentive options are used, the percentage points are added together to determine the percentage of buffer reduction. However, in no case can the buffer width be reduced below the minimum buffer width with enhancement set forth in Table 21.77.120(6)(c).

(d) Averaging of Standard Stream Buffer Width. Averaging of the standard stream buffer width can be allowed when the following are all satisfied:

(i) The averaging will result in a net improvement of habitat functions and values;

(ii) The averaging includes revegetation of the entire stream buffer on the property using native plants, as needed;

(iii) The total area square footage contained within the stream buffer on the property is not decreased;

(iv) The stream buffer width is not reduced by more than 25 percent of the standard stream buffer width in any one location;

(v) A critical area report and mitigation plan demonstrating compliance with this section is provided using the most current, accurate, and complete scientific and technical information available applied on a case-by-case basis; and

(vi) Buffer averaging cannot be used in combination with the minimum buffer width with enhancement standards.

(7) Permitted Activities. Provided the use or activity is consistent with the use table in WMC 21.72.030, the following uses and activities may be permitted within a fish and wildlife habitat conservation area:

(a) Primary utilities, excluding storm drainage facilities, if:

(i) No practical alternative location is available;

(ii) Use of an approved utility corridor by more than one utility may be required by the Director;

(iii) The location is the least adversely impactful to the fish and wildlife habitat; and

(iv) The following measures are incorporated into the construction of the utility:

(A) Located in already existing cleared areas whenever possible;

(B) Minimize crossings of fish-bearing watercourses;

(C) Use biostabilization, riprap, or other innovative engineering techniques to prevent erosion where lines may need to follow steep slopes;

(D) Avoid utility improvements that would increase fish passage barriers; and

(E) Promote utility improvements that are designed to remove fish and wildlife passages barriers wherever possible.

(b) Storm drainage facilities if:

(i) Conveyance systems are designed to allow discharge to a stream only from a detention facility, presettlement pond, or other stormwater treatment facilities, provided discharge to a stream is authorized and City stormwater regulations are followed;

(ii) Grass-lined swales and dispersal trenches that are placed in the outer 25 percent of the buffer width; and

(iii) No other storm drainage facilities are allowed.

(i) No practical alternative location is available;

(ii) The utilities are placed in the outer 25 percent of the buffer area;

(iii) The location is the least adversely impactful to the fish and wildlife habitat.

(d) Public and private trails and/or visual access designed for nonmotorized traffic if:

(i) The surface of the trail uses pervious materials, except a public trail designed for multi-purpose may use impervious materials if requirements for water quality and quantity control are satisfied; and

(ii) The buffers are expanded at a minimum to equal the width of the trail corridor including disturbed areas.

(e) The following requirements apply to areas with endangered or threatened species:

(i) No development is allowed within a fish and wildlife habitat conservation area or its buffer within which State or Federally endangered, threatened, or sensitive species have a primary association, except as provided by a management plan established by the Washington Department of Fish and Wildlife or applicable State or Federal agency;

(ii) All activities, uses, and alterations proposed to be in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, the following:

(A) Activities shall be timed to occur consistent with restrictions on work windows required by State and Federal agencies;

(B) An alternative alignment or location is not feasible;

(C) The activity, use or alteration is designed so that it will not degrade the functions or values of the fish habitat or other critical areas;

(D) Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques according to an approved critical area report; and

(E) Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical area report; and

(iii) Structures that prevent the migration of salmonids are prohibited in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities are required that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.

(f) Alterations to streams and stream buffers, excluding associated wetlands, are permitted, as follows:

(i) For S streams, only the uses prescribed in the use table set forth in WMC 21.72.030, provided all other requirements of the shoreline master program including mitigation sequencing are satisfied.

(ii) Widening of existing roadways where:

(A) The widening is within the outer 25 percent of the standard buffer area;

(B) The widening minimizes impact to the stream and provides mitigation consistent with WMC 21.77.070 for unavoidable impacts;

(D) The widening does not diminish the flood storage capacity of the stream;

(E) Construction occurs consistent with restrictions on work windows required by State and Federal agencies; and

(F) The widening is the minimum necessary to support road functions.

(iii) Stream crossings if:

(A) Expansion of existing crossings is preferred to create new crossings;

(B) Crossings shall use bridges or other construction techniques in accordance with best management practices which do not disturb the stream bed, except that bottomless culverts or other appropriate methods demonstrated to provide fisheries protection may be used that disturb the stream bed for Type F or Np streams if it can be demonstrated that such methods and their implementation will pose no harm to the stream or inhibit migration of fish;

(D) Crossings cannot diminish the flood-carrying capacity of the stream;

(E) Crossings do not occur over resident or anadromous fish spawning areas;

(F) Construction occurs consistent with restrictions on work windows required by State and Federal agencies;

(G) Underground utility crossings are laterally drilled and located at a depth of four feet below the maximum depth of scour for the base flood predicted by a licensed civil engineer; and

(H) The expansion of existing crossings or the construction of new crossings are the minimum necessary to support transportation goals and policies.

(iv) Excluding S streams, stream relocations if:

(A) The relocation is for enhancing or restoring resources in the stream;

(B) The relocation is on site, except off site may be allowed if on-site relocation is not feasible and the off-site location is within the same drainage sub-basin as the original stream;

(D) The relocation is not solely to allow for a development and will improved ecological functions;

(E) Appropriate floodplain protection measures are employed, and equivalent base flood storage volume and function will be maintained as certified by a qualified civil engineer;

(F) No adverse impact to local ground water will occur;

(G) No increase in velocity will occur upstream or downstream;

(H) No increase in the sediment load will occur upstream or downstream;

(I) Requirements set out in a mitigation plan are satisfied;

(J) Relocation conforms to other applicable laws;

(K) All work will be carried out under the direct supervision of a qualified biologist; and

(L) All required State and Federal permits and authorization are obtained prior to conducting site work.

(v) For Type S streams, stream channel stabilization if consistent with WMC 21.76.040 through 21.76.070.

(vi) For Type F, Np, and Ns streams, stream channel stabilization if:

(A) Water movement threatens existing residential or commercial structures, public facilities or improvements, unique natural resources or the only existing access to property;

(B) Stabilization is done in compliance with the requirements of the shoreline master program; and

(C) Soft-bank stabilization techniques are utilized unless it can be demonstrated that soft-bank techniques are not a reasonable alternative due to site-specific soil, geologic and/or hydrologic conditions.

(vii) Enhancements beyond those exempt under WMC 21.77.040(2)(f), and not associated with any other development proposal, are allowed if accomplished according to a plan for design, implementation, maintenance and monitoring prepared by qualified professionals and carried out under the direct supervision of a qualified biologist.

(viii) Minor stream restoration projects sponsored or approved by a public agency with a mandate to do such work if:

(A) The enhancements are not associated with mitigation of a specific development proposal;

(B) Limited to placement of rock weirs, log controls, spawning gravel, culvert replacement and other specific habitat improvements for resident and anadromous fish including salmonids;

(C) Involves the use of hand labor and light equipment; and/or the use of helicopters and cranes that deliver supplies to the project site; provided, that they have no contact with critical areas or critical area buffers; and

(D) Performed under the direct supervision of a qualified biologist.

(8) Mitigation.

(a) The alteration of a fish and wildlife habitat conservation area and/or buffer requires mitigation to be provided consistent with WMC 21.77.070 and shall include:

(i) Achievement of equivalent or superior shoreline ecological functions than existing;

(ii) Include mitigation for impacts upstream and downstream from the development as appropriate;

(iii) Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per-function basis; and

(iv) Mitigation should occur in the same sub-drainage basin as the habitat impacted.

(b) Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.

(c) Restoration or mitigation is required as part of a development proposal whereby impacts, either direct or indirect, to the fish and wildlife habitat conservation area occur.

(d) Restoration is required in addition to mitigation when a fish and wildlife habitat conservation area or its buffer is altered in violation of law or without any specific permission or approval by the City. A mitigation plan for the restoration or mitigation, included as part of the critical areas report, shall demonstrate:

(i) Fish and wildlife habitat conservation area is degraded and will not further be degraded by the restoration or mitigation activity;

(ii) Restoration or mitigation will reliably and demonstrably improve the water quality and fish and wildlife habitat;

(iii) Restoration or mitigation will result in no net loss and no significant adverse impact will occur to habitat functions;

(iv) On sites where nonnative vegetation was cleared, restoration shall include installation of native vegetation with a density equal to or greater than the predevelopment site conditions; and

(v) Restoration or mitigation will assist in stabilizing the stream channel.

(e) All restoration and/or mitigation projects for streams shall meet the following:

(i) All work shall be carried out under the direct supervision of a qualified biologist;

(ii) Basin analysis shall be performed to determine hydrologic conditions;

(iii) Natural channel dimensions shall be replicated including its depth, width, length, and gradient at the original location, and the original horizontal alignment (meander lengths) shall be replaced;

(iv) Identical or similar materials shall be used to restore the stream bottom;

(v) Bank and buffer configuration shall be restored to its original condition;

(vi) Channel, bank and buffer areas shall be replanted with native vegetation which replicates the original vegetation in species, sizes and densities; and

(vii) Preexisting biologic functions of the stream shall be recreated.

(f) Replacement or enhancement for approved stream or buffer alterations shall be accomplished in streams and on the site unless the applicant demonstrates:

(i) Enhancement or replacement on the site is not possible or on-site opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;

(ii) Off-site location is in the same drainage sub-basin as the original stream; and

(iii) Greater biologic and hydrologic functions will be achieved.

(g) Surface Water Management. Surface water management or flood control alterations shall not be considered enhancement unless other functions are simultaneously improved.

(h) Daylighting a stream is encouraged when redeveloping. The Director may modify the requirements pertaining to aquatic areas and associated buffers when locating or daylighting a stream.

(i) Mitigation sites shall be monitored and maintained consistent with this chapter.

(9) Required Signage.

(b) Permanent Signs.

(i) As a condition of any permit or authorization issued pursuant to this chapter, City staff may require the applicant to install permanent signs along the boundary of a wetland or buffer.

Fish and Wildlife

Habitat Conservation Area

Do Not Disturb.

Contact the City of Woodinville

Regarding Uses and Restriction

(iii) Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. (Ord. 716 § 4 (Att. A), 2021)