§ 24.30.050. Wetland buffers—Reduced width.

The approval authority may reduce the buffer width specified in Table 24.30-1, except when prohibited by TCC 24.30.055, as provided for below. The applicant shall submit information demonstrating that the proposed project qualifies for a reduction under this section. The approval authority may require technical review by a qualified wetland scientist in consultation with Ecology, at the applicant's expense, to verify and evaluate the information submitted by the applicant. The buffer reduction shall not adversely affect the functions of the adjacent wetlands. For a reduced buffer width, the applicant shall demonstrate compliance with all of the criteria below:

A.

Reduced Impacts. If a wetland or buffer mitigation plan is submitted that meets the criteria in Table 24.30-2, the approval authority may reduce the standard buffer width required by Habitat Scores, not including estuarine or coastal lagoons, by twenty-five percent, or to the extent that it equals the buffer width required in Table 24.30-1 to maintain water quality, whichever produces the wider buffer, if:

1.

The approval authority determines that the proposed reduction in buffer width, coupled with the proposed mitigation plan, would result in better protection of the wetland or better wetland or buffer functions than the standard buffer without such enhancement. The approval authority shall make this determination based on the applicant's proposed mitigation plan and a comparative analysis of all wetland and buffer functions under existing and enhanced conditions (e.g., filtration of sediments, excess nutrients, and pollutants; flood storage; erosion control; moderation of stormwater impacts; and shading for water temperature moderation) prepared by the applicant's qualified wetland scientist.

Factors to be considered include, but are not limited to, meeting the criteria of Table 24.30-2, the surface roughness of the buffer (e.g., the presence of fallen trees and other material that slow the flow of water and increase the buffer's ability to retain sediment and infiltrate stormwater); the composition and density of vegetation; the wetland's position in the landscape; slope; and soils. The approval authority may consult with Ecology or others with expertise as necessary to evaluate the applicant's proposal.

2.

The degradation of the wetland and buffer was not caused while the property was in the applicant's ownership or within the previous seven years, whichever is greater. This does not apply to damage from lawful land uses prior to the effective date of the ordinance codified in this title; and

3.

The applicant submits maintenance and monitoring plan and performance surety consistent with Chapter 24.70 TCC.

4.

The buffer reduction is consistent with all other applicable requirements of this chapter.

Table 24.30-2. Required Measures to Mitigate Impacts to Wetlands

Measures are required, where applicable to a specific proposal.

Disturbance	Required Measures to Minimize Impacts
Lights	• Direct lights away from wetland and buffers.
Noise	• Locate activity that generates noise away from wetland.
	• If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source.
	• For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer.
Toxic runoff	• Treat and contain any toxic runoff.
	• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered.
	• Establish covenants limiting use of pesticides within 150 feet of wetland.
	• Apply integrated pest management standards.
Stormwater runoff	• To improve existing water quality runoff that may be impacting wetland functions. Retrofit existing 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 (per PSAT publication on LID techniques).
Change in water regime	• In order to maintain wetland hydrology and discharge only clean stormwater toward the wetland. Stormwater should be treated; then infiltrated, detained, and/or dispersed outside the wetland buffer for any new runoff from impervious surfaces and new lawns. Permanent improvements to the site hydrology that would improve wetland functions and not create off-site flooding. This may include, but is not limited to, removal of a lawfully established agricultural ditch draining a wetland or delivering sediment, pollutants or excess nutrients to a wetland.
Pets and human disturbance	• Use privacy fencing at buffer edge 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	• During construction or for commercial or industrial activities, use best management practices to control dust.
Disruption of corridors or connections/habitat enhancement	• In order to improve habitat quality and connectivity, a vegetation enhancement plan that improves areas with minimal trees and vegetation and proposes removal of invasive vegetation and replacing it with ground cover and shrubs that will provide dense vegetative cover at maturity. Planting noninvasive plants that provide improved filtration of sediment, excess nutrients, and pollutants that may be present.
	• Maintain habitat connections to off-site areas that are undisturbed.
	• Restore corridors or connections to off-site habitats by replanting.

 

B.

Isolated Buffers.

1.

If topographic breaks (e.g., bluffs) or a legally established road (not including logging roads), railroad or other lineal facility or barrier physically separates and functionally isolates a portion of the wetland buffer, the approval authority may allow the buffer width to be reduced to the minimum extent needed to exclude the isolated area if:

a.

The facility or barrier was established prior to the effective date of these regulations; and

b.

The area to be segregated from the buffer does not perform any biological or hydrological functions related to the wetland or the unsegregated portions of buffer.

2.

The applicant shall provide the approval authority with sufficient information to enable him/her to determine whether or not the subject area qualifies under TCC 24.30.050(B)(1) above. The approval authority may require technical review by a qualified professional, at the applicant's expense, to verify and evaluate the information submitted by the applicant.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)