§ 24.30.320. Wetlands—Utility lines and facilities—New.

A.

New Utility Lines and Facilities in Rights-of-Way. Installation of utility lines and facilities is permitted in existing rights-of-way within wetlands and associated buffers, consistent with applicable regulations (see Title 13, TCC) and the provisions of this chapter. When possible, utility installation shall occur on the side of the utility corridor or road furthest from the wetland. In the event that other critical areas are present, the approval authority, in consultation with others with expertise, shall determine where the proposed facilities would have the least impact on the critical areas and associated buffers. Mitigation of any impacts may be required consistent with the provisions of this title.

B.

Individual Service Lines.

1.

Overhead lines and cables serving an individual use are permitted in wetland buffers if:

a.

They meet state and federal requirements;

b.

The applicant demonstrates that an alternative location with less impact on the wetland and buffer is not available (e.g. new service line cannot be combined with a legally existing driveway, approved road crossing, or another utility's existing crossing);

c.

The alignment has the least impact on the wetland and buffer; including minimizing vegetation removal and avoiding wildlife habitat impacts; and

d.

Paths or roads are not needed in the wetland or buffer to install or maintain the facilities.

2.

Poles supporting overhead lines shall be located outside of the wetland. They shall be located outside of the buffer to the greatest extent possible. If a pole is necessary within the buffer, it shall be located as far from the wetland as possible where it is least damaging to the wetland and dependent wildlife, as determined by the approval authority. Disturbance of the buffer shall be minimized and no herbicides, pesticides or other hazardous materials shall be applied to the buffer or wetland in the course of installing the line(s) and pole(s). Poles in wetland buffers shall not be treated with toxic substances that could harm the wetland, buffer, dependent wildlife, or sensitive plants documented by the DNR Natural Heritage Program.

3.

Buried service lines serving an individual use are permitted in the outer twenty-five percent of standard wetland buffers consistent with this chapter upon demonstration that they will not have more than a temporary adverse impact on the wetland or buffer. The site shall be restored upon completion of the installation. Buried service lines within the inner seventy-five percent of standard wetland buffers and in wetlands require a reasonable use exception.

C.

New Transmission Lines/Utility Corridors.

1.

Where possible, new transmission, distribution lines and cables crossing wetlands or buffers, shall be contained within an existing roadbed, railroad bed, bridge, elevated walkway, conduit, or other disturbed area where they would have the least adverse impact on wetland and buffer functions. If the utility lines will be consolidated with, or parallel to, an existing utility crossing, they shall be located at the minimum separation distances established by the county for such uses, so long as the minimum distances so established also meet the applicable industry, state and national gas and electric safety standards.

2.

The approval authority shall not authorize a new utility corridor within a wetland and buffer unless the applicant demonstrates that there is no alternative available outside of the wetland and buffer. New transmission lines and utility corridors within Category I and II wetlands and the inner seventy-five percent of their standard buffers require a reasonable use exception. When proposing to cross wetlands and/or buffers, the applicant shall demonstrate to the approval authority's satisfaction that the crossing is essential and there is no alternative alignment or crossing method with less impact to the wetland, associated buffer and other critical areas. This shall include identification of the alternative alignments, crossing methods (including boring), their feasibility, and potential impacts.

3.

When it is necessary to cross the wetlands or buffers outside of the locations identified above, the corridor shall be in compliance with the following standards:

a.

The corridor shall be aligned where it would have the least impact on the wetland functions and associated buffers using the least damaging alternative method.

b.

The utility corridor within the wetland and buffer shall have the minimum width practicable, as determined by the approval authority, while still adhering to safe operating clearances and industry standards. Clearing shall be limited to the minimum necessary to locate the utility.

c.

The utility corridor within the wetland and buffer shall provide for other necessary uses and facilities whenever possible. Conduit containing new utilities shall be sized to provide capacity for additional lines and cables in the future.

d.

If the approval authority determines that overhead lines or lines buried in trenches would be detrimental to the wetland, buffer or dependent fish or wildlife, the proposed crossings shall, when physically feasible, be accomplished by boring beneath the wetland and buffer. Entrance and exit portals shall be located outside of the wetland and buffer, if possible. Bore pits shall be restored upon project completion.

i.

If trenching or boring is proposed to be used to accommodate utility lines, the applicant shall evaluate its effect on the flow of groundwater sustaining the wetland. As determined by the review authority, the applicant may be required to submit a hydrological study prepared by a geologist licensed in the State of Washington or a professional engineer licensed in the State of Washington with experience in hydrogeologic analysis to determine whether ground water flows would likely be altered to the detriment of the wetland. The approval authority may call upon technical experts as needed, at the applicant's expense, to evaluate the report.

ii.

Trenching and boring beneath a wetland and buffer shall not be required/allowed if it would interrupt the ground water connection to the wetland to the extent that the wetland or dependent wildlife would be damaged.

e.

Utility corridors shall be revegetated with appropriate native vegetation, at not less than preconstruction densities. Restoration shall occur immediately upon completion of construction or as soon thereafter as possible due to seasonal constraints or work windows established pursuant to this chapter. (See 24.30.090(D) and 24.30.150 TCC.) The applicant shall submit a performance surety consistent with Chapter 24.70 TCC to ensure that the planted vegetation survives or is replaced.

f.

Staging areas for equipment and materials shall be located outside of the wetland and buffer.

g.

Applicants shall submit a maintenance plan for approval by the county consistent with the provisions of this chapter.

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