§ 24.30.090. Wetlands—General standards.

The following requirements apply, as applicable, to all uses and activities listed in Table 24.30-4.

A.

Regulatory Differences. Differences in regulations because of the overlap of two or more critical areas or the Shoreline Master Program for the Thurston Region, as amended, are governed by Chapter 24.01 TCC. All uses and activities subject to this section shall meet the requirements that provide the most protection to the critical areas involved. Uses and activities are prohibited if they are inconsistent with the Shoreline Master Program for the Thurston Region, or as amended.

B.

Avoidance of Impacts to Wetlands and Associated Buffers. All allowed uses and activities on sites containing wetlands or associated buffers shall be designed and constructed to avoid or, where that is not possible, minimize all adverse impacts to wetlands and associated buffers. Applicants must demonstrate an inability to avoid impacts as a prerequisite to the county authorizing impacts to wetlands or associated buffers. Impacts shall be minimized by sensitive site design, limiting the degree or magnitude of the use or activity, use of appropriate precautions and technology during construction and implementation of the permitted activity, or by taking other appropriate action.

C.

Direct Impacts to Category III and IV Wetlands. Uses and activities may directly impact Category III and IV wetlands between one thousand and four thousand square feet in size and their associated buffers with mitigation, pursuant to this chapter under the following circumstances:

1.

Compliance with all of the criteria below shall be demonstrated:

a.

The wetland is not located in a riparian habitat area (see TCC 24.25.015-040);

b.

The wetland is not a functional part of a mosaic wetland, as described in Ecology's Wetland Rating System for Western Washington;

c.

The wetland has a score for habitat of four or fewer points under Ecology's Wetland Rating System for Western Washington;

d.

The applicant's qualified professional has evaluated the wetland and determined that it does not provide habitat for priority wildlife species (see TCC 24.25.065); and

e.

A hydrologic analysis performed by the applicant's qualified professional demonstrates that the wetland does not provide important hydrological functions that cannot be replaced at another location (e.g., cleansing contaminated stormwater runoff that would otherwise flow to a water body).

2.

If there are alternative mitigations options available, such as mitigation banking or in-lieu fee (ILF) programs, then small impacts within the service area of the bank or ILF should be mitigated through the available mitigation options. If more than one option is available, then the most environmentally preferable option should be chosen for mitigation.

D.

Timing. Uses and activities authorized in wetlands and buffers with a habitat score of eight or more points under Ecology's Wetland Rating System for Western Washington shall be undertaken, constructed or installed during the time frame specified by the review authority in consultation with the WDFW and/or Ecology to minimize habitat impacts.

E.

Mitigation. All adverse impacts to wetlands and associated buffers caused by approved uses and activities shall be mitigated consistent with TCC 24.30.070—24.30.080. The county may require a fee to recover the cost of monitoring mitigation projects required pursuant to this chapter.

F.

Surety. Applicants for proposals involving, as a condition of permit approval, mitigation of wetland and/or buffer impacts shall submit to the County a surety consistent with Chapter 24.70 TCC.

G.

Access. Pedestrian access to wetlands and buffers is allowed, unless the approval authority determines that sensitive conditions or wildlife warrant access limitations. The approval authority may require that the perimeter of wetland buffer be fenced if warranted to protect wildlife, habitat or sensitive plant species documented by the DNR Natural Heritage Program, consistent with Chapter 24.60 TCC.

H.

Temporary Field Marking. The perimeter of the wetland buffer and those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field and inspected by the approval authority prior to the commencement of permitted activities. The temporary markings shall be maintained throughout the duration of the development activity. Also see TCC 24.30.065 and 24.30.150.

(Ord. No. 14773, § 3(Att. B), 7-24-2012; Ord. No. 15291, § 1(Att. A), 5-10-2016)