§ 24.30.280. Wetlands—Roads/streets, railroads, bridges and culverts—New and expanded.

Proposed road and railroad crossings of wetlands and/or associated buffers shall be avoided unless the approval authority determines that it is not possible. Proposed road or railroad crossings of wetlands and buffers and expansion of existing roads exceeding the limitations of TCC Section 24.30.270 shall follow all applicable local, state, and federal laws and the applicable requirements listed below. These requirements also apply to private access roads and driveways. (Also see TCC Section 24.25.280).

A.

Public Safety. Expansion of existing roads is allowed in all wetlands and buffers to the minimum extent necessary to protect public safety, consistent with subsection (D) below. This provision does not apply to expansion for capacity. Expansion for additional capacity shall comply with the criteria for new or expanded roads.

B.

Criteria for Allowing Crossings. The approval authority may authorize new and expanded road crossings in wetlands and buffers as follows:

1.

Category I and II Wetlands and Buffers. Category I and II wetlands shall not be crossed unless it is necessary to accommodate public safety improvements to an existing road. Category I and II wetlands and the inner seventy-five percent of their standard buffers may only be crossed by roads through a Reasonable Use Exception and by meeting all of the criteria in this section.

2.

Category III—IV Wetlands and Buffers. The most suitable type of new crossing shall be determined by the approval authority on a case-by-case basis. New and expanded roads are permitted in Category III and IV wetlands and their buffers that meet the criteria for replacement under TCC 24.30.090(C). New and expanded roads may be permitted in Category III-IV wetlands and buffers not meeting the criteria in TCC 24.30.090(C), if:

a.

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

b.

The road complies with subsection (D) below.

C.

Access roads and driveways shall be subject to the following requirements, as well as subsection D below.

1.

Utility Maintenance Access. The director may allow maintenance roads for utility corridors accommodating transmission lines, pipelines, and similar major utilities when the applicant demonstrates to the director's satisfaction that the road is necessary. Maintenance roads shall not be allowed where they would adversely impact bogs, wetlands of high conservation value, or wetlands with a score for habitat of eight or more points under Ecology's Wetland Rating System for Western Washington.

If allowed, maintenance roads shall be located in the least impactful location in the outer twenty-five percent of the buffer contiguous to the utility corridor, on the side away from the wetland. To the maximum extent practicable, access for utility maintenance within wetland buffers shall be limited to access points rather than by a continuous access road extending through the buffer. The width of the maintenance road shall be minimized; in no event shall it be wider than fifteen feet.

2.

Agricultural Access. Refer to chapter 17.15 TCC for regulations on agricultural activities.

D.

Road crossings, including private access roads, shall comply with all of the following requirements:

1.

Wetlands not meeting TCC 24.30.090(C): New and expanded roads shall not be allowed in wetlands and/or buffers unless the applicant demonstrates to the approval authority that:

a.

It is essential (e.g., to provide access to property where no other access is physically possible or available with less impact on the wetland), or in the case of a road expansion, is needed for public safety;

b.

There is no alternative crossing location that would have less impact on wetland and buffer functions, dependent fish and wildlife, and sensitive wetland plant species documented by the DNR Natural Heritage Program. The applicant shall demonstrate that alternative access with less impact on the wetland and buffer is not physically possible, or that an easement allowing use of the alternative alignment cannot be obtained at reasonable terms as determined by the approval authority; and

c.

It meets the requirements for existing lots in Chapter 24.50 TCC.

2.

Proposed crossings that would negatively impact Category I or II wetlands or associated buffers, or wetlands in riparian habitat areas shall not be allowed unless the applicant demonstrates to the approval authority's satisfaction that the absence of the requested crossing would landlock the property and leave it with no economically viable use. The approval authority may require that crossings be accomplished with a bridge rather than a culvert if it would significantly reduce wetland impacts.

3.

If allowed pursuant to this section, new crossings and associated facilities shall:

a.

Serve multiple properties and be designed to accommodate conduit for utility lines whenever possible. To the extent legally permissible, as part of the development approval process, the developer shall work with the county to provide for a street layout and wetland and buffer crossing location that will minimize the need for additional crossings in the future to serve surrounding property. The approval authority may waive this requirement if the additional road width required to serve multiple properties would be more detrimental to the wetland, associated buffer, or other critical area than individual access roads/driveways; and

b.

Have the narrowest width possible, consistent with applicable county road standards and protection of public safety. Clearing to accommodate the crossing shall be minimized, consistent with the protection of the most important habitat, as determined by the approval authority.

4.

Crossings using culverts shall use superspan or oversize culverts sufficient to allow wildlife passage, consistent with Chapter 24.25 TCC.

5.

The design of crossings in wetlands associated with streams shall be consistent with the WDFW Fish Passage Design at Road Culverts, 2003, as amended, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as amended. Culverts installed on Type S and F streams shall be arch/bottomless or the equivalent that provides comparable fish protection, as determined by the approval authority in consultation with WDFW and others with expertise. Approved crossings in estuaries shall be designed to avoid interruption of tidal flows. The approval authority may require that crossings in estuaries be accomplished with a bridge rather than a culvert if it would significantly reduce habitat impacts.

6.

Bridges are preferred for spanning Category I and II wetlands.

E.

Logging Roads. Crossings of wetlands and/or buffers within areas proposed for development that were allowed by a State Forest Practices Permit but do not meet the requirements of this chapter, and any unlawfully established roads, shall be removed. The roadbed shall be restored to a condition consistent with the surrounding undisturbed areas.

(Ord. No. 14773, § 3(Att. B), 7-24-2012; Ord. No. 14961, § 2(Att. B), 12-17-2013; Ord. No. 15291, § 1(Att. A), 5-10-2016)