§ 24.30.200. Wetlands—Intensive uses.

New and existing intensive uses on sites containing Category I or II wetlands or associated buffers shall comply with the applicable requirements in this section. For the purposes of this section, intensive uses include those uses that store or use hazardous materials, pesticides, or herbicides in quantities regulated by TCC 24.10.140, or would generate excessive nutrients, sediments, or pollutants following initial construction that could reach the wetland and buffer or significantly alter the quantity, frequency or the timing of water reaching the wetland.

A.

Identify Risks. Applicants for new intensive uses on sites that contain a Category I or II wetland or associated buffer that have potential to degrade the wetland or buffer, as determined by the approval authority, shall submit information that identifies and evaluates the potential risks the proposed use poses for the wetland and buffer. This shall include, as applicable, whether noise, glare, sediment, effluents, altered pH, the amount, timing, or duration of groundwater flows or altered surface hydrology would be harmful to aquatic life, birds, or other wildlife or sensitive plants listed under the DNR Natural Heritage Program.

B.

Protective Measures. The approval authority shall require measures to avoid potential adverse impacts on wetlands and buffers. (Also see Chapter 20.54 TCC, Special Uses).

1.

The approval authority may require the use of best management practices for new and existing intensive uses to mitigate existing and potential impacts in order to protect water quality, wetland functions, and sensitive plants listed by the DNR Natural Heritage Program. In addition, the approval authority may require applicants for new intensive uses to employ integrated pest management; install and maintain vegetative filter strips (up to fifty feet in width) at the outer edge of the wetland buffer; install fencing; direct lights away from the wetland(s); locate noisy activities away from the wetland; require buildings on the site to be located or oriented where they would have the least impact on the wetland and associated buffer (this may include orientation of a building so that the building itself acts as a shield to buffer the wetland); or employ other mitigation measures that would be effective in preventing pollutants and sediment from reaching the wetland, preventing damage to the wetland and buffer and avoiding adverse impacts on dependent wildlife.

2.

Harmful Pollution. If pollution or emissions from a type of proposed use (e.g., smoke stacks associated with asphalt plants, incinerators, or other industrial operations) have been demonstrated scientifically as causing damage to wetland plants, aquatic life or wildlife, the approval authority may require use of BMPs and require that the use be located on the project site where the emissions would pose the least risk of polluting Category I and II wetlands, consistent with best available science and protection of public health and safety.

C.

Expert Review. The approval authority may call upon experts, at the applicant's expense, as necessary to evaluate information submitted by the applicant.

D.

Monitoring. The approval authority may require that uses on property containing Category I wetlands be reviewed at five-year intervals to ensure that it is operating consistent with this section and any conditions of approval. The approval authority may require remedial action as warranted to protect water quality, wetlands, and associated buffers consistent with the provisions of this section.

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