§ 17.15.940. Floodplains, streams, and wetlands—Wetland buffers.

To retain the natural functions of wetlands the following buffer areas shall be maintained adjacent to all wetlands. The standard width of the wetland buffer zone shall be determined according to wetland category and the proposed land use.

A.

Standard wetland buffer distances are described in Table 10 (refer to Figures 22, 23, 24, 25 and 26).

B.

The review authority may reduce the standard wetland buffer widths from the high intensity land use to the low intensity land use when the applicant can demonstrate that one of the following conditions are present:

1.

The development proposal includes adjacent land which is extensively vegetated, has slopes which could be defined as a landslide hazard area, will have no direct or indirect, short-term or long-term, adverse impacts to wetlands, as determined by the regulatory authority, will result from a regulated activity, and will be placed in a critical area tract (refer to Figure 25); or

2.

The development proposal includes a landscaping plan to enhance the buffer using native vegetation which will improve the functional attributes of the buffer; access is restricted to the buffer and wetland through fencing; and the buffer and wetland are part of a critical area tract; or

3.

The development proposal includes a wetland mitigation plan which documents how the functions and values of a wetland and its buffer could be restored or improved. The wetland mitigation plan must address all five of the following measures and refer to TCC Section 17.15.940C where this is not possible. Restoration or improvement of a wetland in a native condition (probably a Class I or II wetland) will not be likely, but such measures may be appropriate for Class III wetlands which have been converted for other uses such as agriculture.

a.

Buffer Enhancement. This means improving the quality of the buffer so that it provides for increased visual screening or increased vegetative diversity.

b.

Shielding High Intensity Land Uses. This means providing berms and/or permanent solid fences at the edge of the buffer. It may also include orientation of the building so that the building itself acts as a shield to buffer the wetland.

c.

Hydrologic Improvement. This means providing permanent improvements to the site hydrology, which may include removal of a ditch that is draining a wetland.

d.

Habitat Enhancement. This means substantial improvements to the fish and wildlife habitat of a wetland or its buffer such as importing snag or meandering a channelized stream.

e.

Wetland Restoration. This means improving other functions and values of a wetland.

C.

The review authority may reduce the standard wetland buffer widths to a point midway between the high intensity and low intensity land use for Class II or III wetlands when the applicant has provided three of the five activities listed in TCC Section 17.15.940B3, above (see Figure 27).

D.

The review authority may provide a reduction of up to fifty percent of the standard wetland buffer when an existing lot of record is less than one hundred feet in depth. The proportionate reductions shall be based upon the size of the lot.

E.

The review authority may reduce the standard wetland buffer when the development proposal lies between properties for which different wetland buffer distances were applied prior to the adoption of this chapter. In this circumstance the review authority may average or transition the buffer distance between these properties consistent with the intent of this chapter.

F.

The review authority may reduce the standard wetland buffer widths by averaging the buffer, but in no instance shall the buffer width be reduced by more than fifty percent of the standard buffer or be less than twenty-five feet. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following:

1.

That the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging; and

2.

Averaging will increase or enhance the wetland functional values (see Figure 27).

G.

The review authority may reduce the standard wetland buffer for those areas which are functionally separated from a wetland and do not protect the wetland from adverse impacts due to a pre-existing road, structure or vertical separation. This provision shall not apply to a logging road constructed with or without a forest practices permit, or to any road or structure constructed in violation of this chapter.

H.

The review authority shall defer to those specific wetland buffers which were approved for development proposals prior to the adoption of this chapter.

I.

Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall have the standard buffer required for the category of the created, restored, or enhanced wetland.

(Ord. 11200 § 46, 1996: Ord. 10528 § 1 (part), 1994)