§ 24.30.078. Wetland mitigation—Approaches.

Compensatory mitigation for lost or diminished wetland and buffer functions shall rely on an approach listed below in order of preference. A lower preference approach to mitigation shall only be used if the applicant's qualified wetland scientist demonstrates to the approval authority's satisfaction that all higher ranked approaches to mitigation are not viable, consistent with the criteria in this section.

A.

Permittee-Responsible Mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee-responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed.

B.

Cooperative Mitigation Projects. The approval authority may encourage, facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a mitigation project with funding from other applicants if:

1.

Construction of one or several larger wetlands is preferable to several small wetlands; and

2.

Persons proposing cooperative compensation projects submit a joint permit application; demonstrate the organizational and fiscal capability to act cooperatively; and demonstrate that land acquisition, construction, long-term monitoring and management can and will be provided consistent with the provisions of this section.

C.

Wetland Mitigation Banks for Unavoidable Impacts to Wetlands. An applicant may use credits from a wetland mitigation bank certified under Chapter 173-700 WAC if:

1.

The approval authority determines that it would provide appropriate compensation for the proposed impacts; and

2.

The mitigation will occur within the service area where the wetland or buffer impact would occur; and

3.

The proposed use of credits is consistent with the terms and conditions of the certified bank instrument; and

4.

Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument; and

5.

Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument.

D.

In-Lieu Fee Mitigation. Is an alternative mitigation program for unavoidable impacts to wetlands. An approved in-lieu-fee program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor, a governmental or non-profit natural resource management entity. Credits from an approved in-lieu fee program may be used when paragraphs (1)—(6) below apply:

1.

The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts.

2.

The mitigation will occur on a site identified using the site selection and prioritization process in the approved in-lieu-fee program instrument.

3.

The proposed use of credits is consistent with the terms and conditions of the approved in-lieu-fee program instrument.

4.

Land acquisition and initial physical and biological improvements of the mitigation site must be completed within three years of the credit sale.

5.

Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland scientist using the method consistent with the credit assessment method specified in the approved instrument for the in-lieu-fee program.

6.

Credits from an approved in-lieu-fee program may be used to compensate for impacts located within the service area specified in the approved in-lieu-fee instrument.

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