Chapter 19.200
WETLANDS

Sections:

19.200.205    Purpose.

19.200.210    Wetland identification and functional rating.

19.200.215    Wetland review procedure.

19.200.220    Wetland buffer requirements.

19.200.225    Additional development standards for regulated uses.

19.200.230    Special use review.

19.200.250    Wetland mitigation requirements.

19.200.260    Incentives for wetlands protection.

19.200.205 Purpose.

This chapter applies to all regulated uses within or adjacent to areas designated as wetlands, as defined in Section 19.150.685. The intent of this chapter is to:

A.    Achieve no net loss and increase the quality and function and values of wetland acreage, within Kitsap County and maintain and enhance the biological and physical functions and values of wetlands with respect to water quality maintenance, stormwater and floodwater storage and conveyance, fish and wildlife habitat, primary productivity, recreation, and education;

B.    Protect the public’s health, safety and welfare, while preventing public expenditures that could arise from improper wetland uses and activities;

C.    Plan wetland uses and activities in a manner that allows property holders to benefit from wetland property ownership wherever allowable under the conditions of this chapter and the ordinance from which it derives;

D.    Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters and to maintain the wildlife habitat.

(Ord. 351 (2005) § 18, 2005: Ord. 217 (1998) § 3 (part), 1998)

19.200.210 Wetland identification and functional rating.

A.    General.

1.    Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, estuaries, marshes, bogs, and similar areas. For regulatory purposes, wetland delineations shall be determined by the Washington State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter.

2.    Kitsap County uses the Washington Department of Ecology Washington State Wetland Rating System for Western Washington, revised 2004, or as amended hereafter, to categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios for wetlands. Wetlands shall be generally designated as follows:

B.    Regulated Wetlands. (See Chapter 19.800, Appendix A, for more detailed description).

1.    Category I Wetlands. Category I wetlands are those regulated wetlands that include but are not limited to rare, unique wetland types that are more sensitive to disturbance than most wetlands and that contain ecological attributes that are impossible to replace within a human lifetime. Category I wetlands score 70 points or more out of 100 on the wetlands ratings systems.

2.    Category II Wetlands. Category II wetlands are those regulated wetlands that score between 51-69 points out of 100 on the wetlands ratings system.

3.    Category III Wetlands. Category III wetlands are those regulated wetlands that score between 30-50 points on the wetlands ratings system. Activities affecting isolated, non-mosaic Category III wetlands that are less than 2,500 square feet may be allowed provided that the wetlands report identifies the specific wetland function affected or at risk, and the proposed mitigation to replace the wetland function, on a per function basis.

4.    Category IV Wetlands. Category IV wetlands are those regulated wetlands that score less than 30 points out of 100 on the wetlands ratings system. Activities affecting isolated, non-mosaic Category IV wetlands that are less than 7,500 square feet may be allowed provided that the wetlands report identifies the specific wetland function affected or at risk, and the proposed mitigation to replace the wetland function, on a per function basis.

5.    Wetlands intentionally created from non-wetland areas to mitigate conversion of other wetlands.

6.    Mosaic wetlands as defined at Section 19.150.695.

C.    Non-Regulated Wetlands.

Created Wetlands. Wetlands created intentionally from a non-wetland site that were not required to be constructed as mitigation for adverse wetland impacts. These may include, but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment ponds, farm ponds not contiguous, as defined in this title, and landscape amenities.

D.    Criteria for Determining Wetlands Divided by a Manmade Feature.

1.    When a wetland is divided by a manmade feature (e.g., a road embankment), the wetland shall be rated as if it is not divided, if there is a perennial or intermittent surface water connection between the two wetlands and either of the following criteria is met:

a.    It can be demonstrated that the separate wetlands were one discrete wetland prior to construction of the manmade feature. This may be accomplished through an analysis of secondary information such as aerial photographs and soils maps; or

b.    The two separated wetlands can be shown to function as one wetland. This shall be determined based on normal conditions (i.e., in the absence of unauthorized activity, the wetlands possess similar vegetative or wildlife assemblages or hydrologic regime).

2.    Separated wetland areas may be rated jointly in the absence of a perfectly level culvert where it can be demonstrated that a level surface water connection is present within the culvert that permits flow of water, fish, or other organisms in both directions. Separated wetland areas may also be rated jointly in the absence of a perfectly level culvert with two-way water flow if the bottom of the culvert is below the high water marks in the receiving wetland or if the high water marks on either side differ by six inches or less in elevation.

3.    Connecting Mosaic Pattern Wetlands. In cases where the wetlands to be categorized are smaller than one acre in size and separated from each other by 100 feet or less (on average), the DOE mosaic methodology shall be used to determine the wetland category. The area of the wetlands must be greater than 50 percent of the total combined area of wetland and upland for the patchwork to be categorized as one wetland. The boundary of the mosaic wetlands must reflect the ecological interconnectedness of the wetlands within the mosaic. The county will not accept mosaic boundaries drawn to minimize the area of wetland within the mosaic.

(Ord. 376 (2007) § 4, 2007: Ord. 351 (2005) § 19, 2005)

19.200.215 Wetland review procedures.

A.    Application Requirements.

1.    Application Procedures for New Development. Any new development, except as provided in subsection (C)(1) below, containing a regulated wetland or its buffer, or proposed within the largest potential wetland buffer width, shall provide the special reports listed below, as required by the department, prior to any development authorization by the department. Additional reports or information to further identify potential impacts to any part of the environment may also be required.

a.    Wetland delineation report (Section 19.700.710);

b.    Wetland mitigation report (Section 19.700.715); and

c.    Erosion and sedimentation control measures and/or a site development activity permit as required by Title 12 of the Kitsap County Code (Stormwater Management).

2.    Time Limitations. Special reports submitted in accordance with this section shall be valid for a period of three years from the date of the report unless a longer or shorter period is specified by the department. An extension of an original report may be granted upon submittal of a written request to the department prior to expiration. Prior to granting any extension, the department may require updated studies if, in its judgment, the original intent of the application is altered, enlarged or if circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original approval. Time extensions shall be granted in writing and documented in the file.

B.    Delineation of Wetland Boundaries.

1.    For regulatory purposes, wetland delineations shall be determined by using the Washington State Wetlands Identification and Delineation Manual, March 1997, or as hereafter amended.

2.    The applicant shall be responsible for hiring a qualified wetlands specialist to determine the wetland boundaries by means of a wetland delineation. This specialist shall stake or flag the wetland boundary. When required by the department, the applicant shall hire a professional land surveyor licensed by the state of Washington to survey the wetland boundary line. The regulated wetland boundary and regulated wetland buffer shall be identified on all grading, landscaping, site, on-site septic system designs, utility or other development plans submitted in support of the project.

3.    The department may perform a delineation of a wetland boundary on parcels where no more than one single-family dwelling unit is allowed.

4.    Where the applicant has provided a delineation of a wetland boundary, the department may verify the wetland boundary at the cost of the applicant and may require that a wetland specialist make adjustments to the boundary.

C.    Wetland Review Process for Single-family Dwellings.

1.    Expedited Approval. Applicants proposing a single-family dwelling may receive expedited approval by the department if they choose to adopt the largest buffer width from the appropriate wetland category. Expedited approval removes the requirements of the wetland certification process for single-family dwellings (subsection (2), below) provided that the wetland delineation and/or wetland rating is not disputed. Administrative buffer reductions or variance will not apply.

2.    Wetland Certification Process for Single-family Dwellings (No Encroachment into a Regulated Wetland or its Standard Buffer).

a.    Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant may submit a single-family wetland certification form completed by a wetland specialist that certifies either:

(1)    No regulated wetlands are present within 250 feet of the project area; or

(2)    Wetlands are present within 250 feet of the project area, but all regulated activities associated with the dwelling (e.g., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.

b.    If regulated wetland buffers extend onto the site, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the department as verification that the wetland buffer signs have been placed on the site.

c.    A survey will not be required.

d.    The single-family certification form may be used only to authorize single-family dwellings and associated home site features such as driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications, or violations.

e.    The single-family certification process will be monitored by the department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.

f.    The applicant/property owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the department.

g.    Single-family certification forms shall be filed with the Kitsap County auditor’s office.

(Ord. 351 (2005) § 20, 2005)

19.200.220 Wetland buffer requirements.

For the purpose of this title, a regulated wetland and its buffer are subject to the regulatory provisions of this chapter.

A.    Determining Buffer Widths. Buffer widths shall be measured horizontally from a perpendicular line established at the wetland edge based on the base buffer width identified in Table 19.200.220(A) and adjustments made from considerations contained in Table 19.200.220(B), Land Use Impact Intensity, below, and as applied in Tables 19.200.220(C) through (F).

TABLE 19.200.220(A) BASE BUFFER WIDTHS

Category of Wetland	Base Buffer Width
Category I	200 feet
Category II	100 feet
Category III	50 feet
Category IV	30 feet

TABLE 19.200.220(B)
LAND USE IMPACT "INTENSITY" BASED ON DEVELOPMENT TYPES

Rating of Impact From Proposed Changes in Land Use	Examples of Land Uses that Cause the Impact Based on Common Zoning Categories
High	Commercial, Urban, Industrial, Institutional, Retail Sales, Residential subdivisions with more than 1 unit/acre, New agriculture (high-intensity processing such as dairies, nurseries and greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), New transportation corridors, High intensity recreation (golf courses, ball fields), hobby farms
Moderate	Single-family residential lots, Residential subdivisions with 1 unit/acre or less, Moderate-intensity open space (parks), New agriculture (moderate-intensity such as orchards and hay fields), Transportation enhancement projects
Low	Forestry, Open space (low-intensity such as passive recreation and natural resources preservation, minor transportation improvements)

B.    Width Tables of Buffers by Category of Wetland.

TABLE 19.200.220(C)
WIDTH OF BUFFERS REQUIRED TO PROTECT CATEGORY IV WETLANDS

Category IV Wetland Characteristics	Buffer Width Adjustments to 30 ft. Base Width (By Impact of Land Use)
Score for functions < 30 points	Low — Decrease by 5 ft. Moderate — Increase by 10 ft. High — Increase by 20 ft.

TABLE 19.200.220(D)
WIDTH OF BUFFERS REQUIRED TO PROTECT CATEGORY III WETLANDS

Category III Wetland Characteristics	Buffer Width-Adjustments to 50 ft. Base Width (By Impact of Land Use)
Moderate level of function for habitat (score for habitat is 20 — 28 pts.)	Low — Increase by 25 ft. Moderate — Increase by 60 ft. High — Increase by 100 ft.
Category III wetlands not meeting above criteria	Low — Decrease by 10 ft. Moderate — Increase by 10 ft. High — Increase by 30 ft.

TABLE 19.200.220(E)
WIDTH OF BUFFERS REQUIRED TO PROTECT CATEGORY II WETLANDS

Category II Wetland Characteristics	Buffer Width Adjustments to 100 ft. Base Width (By Impact of Land Use/Apply Most Protective)
High level of function for habitat (score for habitat is 29 — 36 pts.)	Low — Increase by 50 ft. Moderate — Increase by 125 ft. High — Increase by 100 ft.
Moderate level of function for habitat (score for habitat is 20 — 28 pts.)	Low — Decrease by 25 ft. Moderate — Increase by 10 ft. High — Increase by 50 ft.
High level of function for water quality improvement and low for habitat (score water quality is 24 — 32 pts. and habitat is less than 20)	Low — Decrease by 50 ft. Moderate — Decrease by 25 ft. High — No change
Estuarine	Low — Decrease by 25 ft. Moderate — Increase by 10 ft. High — Increase by 50 ft.
Category II wetlands not meeting above criteria	Low — Decrease by 50 ft. Moderate — Decrease by 25 ft. High — No Change

TABLE 19.200.220(F)
WIDTH OF BUFFERS REQUIRED TO PROTECT CATEGORY I WETLANDS

Category I Wetland Characteristics	Buffer Width Adjustments to 200 ft. Base Width (By Impact of Land Use/Apply Most Protective)
Natural Heritage Wetlands	Low — Decrease by 75 ft. Moderate — Decrease by 10 ft. High — Increase by 50 ft.
Bogs	Low — Decrease by 75 ft. Moderate — Decrease by 10 ft. High — Increase by 50 ft.
Forested	Buffer size to be based on score for habitat functions or water quality functions
Estuarine	Low — Decrease by 100 ft. Moderate — No Change High — Increase by 50 ft.
Wetlands in Coastal Lagoons	Low — Decrease by 100 ft. Moderate — No Change High — Increase by 50 ft.
High level of function for habitat (score for habitat is 29 — 36 pts.)	Low — Decrease by 50 ft. Moderate — Increase by 25 ft. High — Increase by 50 ft.
Moderate level of function for habitat (score for habitat is 20 — 28 pts.)	Low — Decrease by 125 ft. Moderate — Decrease by 90 ft. High — No change
High level of function for water quality improvement (WQI) (score is 24 — 32) and low for habitat (score for habitat is less than 20 points)	Low — Decrease by 150 ft. Moderate — Decrease by 125 ft. High — Decrease by 100 ft.
Category I wetlands not meeting any of the above criteria	Low — Decrease by 150 ft. Moderate — Decrease by 125 ft. High — Decrease by 100 ft.

    Note: If the wetland meets more than one of the criteria listed in each table, the buffer needed to protect the wetland is the one that allows for the greatest protection.

C.    Modification of Buffer Widths. Modifications to buffer widths may be considered provided that mitigation sequencing is first demonstrated to first avoid, then minimize, and as a last resort, mitigate for unavoidable reductions or alterations to the required wetland buffers.

1.    Buffer Decrease Sequencing. Demonstration of unavoidable modifications to wetland buffers shall be implemented through the following methods:

a.    Buffer Averaging. Standard buffer widths may be modified by the department for a development proposal by averaging buffer widths. The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging. The buffer shall not be reduced by more than 50 percent of the standard buffer width at any point. The department may allow wetland buffer averaging where it can be demonstrated that such averaging can clearly provide as great or greater functions and values as would be provided under the standard buffer requirement. The following standards shall apply to buffer averaging:

(1)    The decrease in buffer width is minimized by limiting the degree or magnitude of the regulated activity.

(2)    For wetlands and/or required buffers associated with documented habitat for endangered, threatened, or sensitive fish, or wildlife species, a habitat assessment report has been submitted that demonstrates that the buffer modification will not result in an adverse impact to the species of study.

(3)    Width averaging will not adversely impact the wetland.

(4)    The total buffer area after averaging is no less than the buffer area prior to averaging.

(5)    The minimum buffer width will not be less than 50 percent of the widths established after the categorization is done and any buffer adjustments applied.

(6)    If buffer width averaging is utilized and significant trees are identified on the outer edge of the reduced buffer such that their drip line extends beyond the buffer edge, the following tree protection requirements must be followed:

i.    A tree protection area shall be designed to protect each tree or tree stand during site development and construction. Tree protection areas may vary widely in shape, but must extend a minimum of five feet beyond the existing tree canopy area along the outer edge of the dripline of the tree(s), unless otherwise approved by the department.

ii.    Tree protection areas shall be added and clearly labeled on all applicable site development and construction drawings, submitted to the department.

iii.    Temporary construction fencing at least 30 inches tall shall be erected around the perimeter of the tree protection areas prior to the initiation of any clearing or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction.

iv.    No clearing, grading, filling or other development activities shall occur within the tree protection area, except where approved in advance by the department and shown on the approved plans for the proposal.

v.    No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited.

vi.    No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention.

vii.    The department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.

b.    Administrative Buffer Reductions. Granting of a reduced buffer shall be the minimum necessary to accommodate the permitted use. In lieu of going through the formal variance process, an administrative reduction to buffer widths may be granted subject to the following criteria:

(1)    For proposed single-family dwellings, the department may administratively reduce the buffer by up to 25 percent, pursuant to the variance criteria listed in Section 19.100.135. Where an administrative buffer reduction is granted, fencing or signage of the buffer edge shall be required. The order of sequence for such buffer reductions shall be as follows:

i.    Use of buffer averaging maintaining 100 percent of the buffer area under the standard buffer requirement;

ii.    Reduction of the overall buffer area by no more than 25 percent of the area required under the standard buffer requirement;

iii.    Enhancement of existing degraded buffer area and replanting of the disturbed buffer area;

iv.    The use of alternative on-site wastewater systems in order to minimize site clearing;

v.    Infiltration of stormwater where soils permit; and

vi.    Retention of existing native vegetation on other portions of the site in order to off set habitat loss from buffer reduction.

(2)    The minimum buffer shall be no less than thirty feet, except as allowed under a formal variance or reasonable use approval.

c.    Variance. In cases where proposed development cannot meet the administrative buffer reduction criteria described in this section, a variance shall be required as described in Section 19.100.135.

D.    Fencing and Signs. This section applies to regulated wetlands and their buffers.

1.    Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per county approval.

2.    The department may require that permanent signs and/or fencing be placed on the common boundary between a wetland buffer and the adjacent land. Such signs will identify the wetland buffer. The department may approve an alternate method of wetland and buffer identification, if it provides adequate protection to the wetland and buffer.

E.    Protection of Buffers. Buffer areas shall be protected as required by the department. The buffer shall be identified on a site plan and filed as an attachment to the notice to title as required by Section 19.100.150 (Critical Area and Buffer Notice to Title).

F.    Building or Impervious Surface Setback Lines. A building or impervious surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to title as required by Section 19.100.150 (Critical Area and Buffer Notice to Title).

(Ord. 351 (2005) § 21, 2005)

19.200.225 Additional development standards for regulated uses.

In addition to meeting the development standards of this chapter, those regulated uses identified below shall also comply with the standards of this section and other applicable state, federal and local ordinances.

A.    Docks. Construction of a dock, pier, moorage, float or launch facility may be permitted subject to criteria in the Kitsap County Shoreline Master Program and where no existing buffer or wetland vegetation would be significantly altered.

B.    Forest Practice, Class IV General, and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this title, including the maintenance of buffers around regulated wetlands.

C.    Agricultural Restrictions. In all development proposals which would permit introduction of agricultural uses, damage to Category I, II, III and IV regulated wetlands shall be avoided. These restrictions shall not apply to those regulated wetlands defined as grazed wet meadows, regardless of their classification only where grazing has occurred within the last five years. Wetlands shall be avoided by one of the following methods:

1.    Implementation of a farm conservation plan agreed upon by the conservation district and the applicant to protect and enhance the water quality of the wetland; and/or

2.    Fencing located not closer than the outer buffer edge.

D.    Road/Street Repair and Construction. Any private or public road or street repair, maintenance, expansion or construction which is allowed shall comply with the following minimum development standards:

1.    No other reasonable or practicable alternative exists and the road or street serves multiple properties whenever possible;

2.    Publicly owned or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

3.    The road or street repair and construction are the minimum necessary to provide safe roads and streets; and

4.    Mitigation shall be performed in accordance with specific project mitigation plan requirements.

E.    Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following: short plats, large lot subdivisions, master planned fully contained communities, master planned resorts, performance based developments, conditional use permits, site plan reviews, binding site plans) which include regulated wetlands, shall comply with the following procedures and development standards:

1.    Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots.

2.    Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.

3.    In order to implement the goals and policies of this title, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site.

4.    After preliminary approval and prior to final land division approval, the department may require the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer.

F.    Surface Water Management. Surface water discharges from stormwater facilities or structures may be allowed when they are in accordance with Title 12 of the Kitsap County Code (Stormwater Management) subject to the provisions of Section 19.200.230, Special Use Review. The discharge shall neither significantly increase or decrease the rate of flow and/or hydro-period, nor decrease the water quality of the wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required.

G.    Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches and viewing platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines:

1.    Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas.

2.    Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat.

3.    Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland.

4.    Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of 30 feet from the wetland edge, except where wetland crossings or viewing areas have been approved.

5.    Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials unless otherwise approved by the department.

H.    Utilities in Wetlands or Wetland Buffers.

1.    The utility development authorized in Section 19.100.125(E) shall be allowed, subject to best management practices in wetlands and wetland buffers.

2.    Construction of new utilities outside the road right-of-way or existing utility corridors may be permitted in wetlands or wetland buffers, only when no reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of applicable permits and special reports (Chapter 19.700) required by this title.

3.    Construction of sewer lines or on-site sewage systems may be permitted in regulated wetland buffers only when: (a) the applicant demonstrates it is necessary to meet state and/or local health code minimum design standards (not requiring a variance for either horizontal setback or vertical separation), and/or (b) there are no other practicable or reasonable alternatives available and construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed.

4.    New utility corridors shall not be allowed when the regulated wetland or buffer has known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved habitat management plan indicates that the utility corridor will not significantly impact the wetland or wetland buffer.

5.    New utility corridor construction and maintenance shall protect the regulated wetland and buffer environment by utilizing the following methods:

a.    New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet), measured on the uphill side.

b.    New utility corridors shall be revegetated with appropriate native vegetation at preconstruction densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation survives;

c.    Any additional utility corridor access for maintenance shall be provided as much as possible at specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the wetland. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.

d.    The department may require other additional mitigation measures.

6.    Utility corridor maintenance shall include the following measures to protect the regulated wetland and buffer environment:

a.    Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, unless appropriate containment measures are used, nor should lead-based paints be used.

b.    No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label.

I.    Parks. Development of public park and recreation facilities may be permitted subject to the provisions of Section 19.200.230, Special Use Review, below. For example, enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan.

(Ord. 351 (2005) § 23, 2005: Ord. 217 (1998) § 3 (part), 1998)

19.200.230 Special use review.

Development identified as a special use review may be approved, with conditions, or denied according to the procedures and criteria outlined in this section. Special use review is an administrative process unless the underlying permit requires a public hearing. The department is authorized to take action on permits as required by this title.

A.    The department may approve a permit after review of the application and a wetland mitigation plan submitted in accordance with this title. The department shall determine whether the use or activity cannot be avoided because no reasonable or practicable alternative exists, the proposed use is consistent with the spirit and intent of this title and it will not cause adverse impacts to the wetland or the wetland buffer which cannot be mitigated. In taking action to approve a special use review, the department may attach reasonable conditions as necessary to minimize impacts, rectify impacts or compensate for impacts to the wetland or wetland buffer.

B.    The department shall deny a special use review request when it finds that the proposed use or activity is inconsistent with this title and/or will cause adverse impacts to the wetland or wetland buffer, which cannot be adequately mitigated and/or avoided.

C.    Special use review determinations are appealable to the hearings examiner pursuant to Section 19.100.145 (Appeals).

(Ord. 351 (2005) § 24, 2005 Ord. 217 (1998) § 3 (part), 1998)

19.200.250 Wetland mitigation requirements.

A.    Mitigation. All regulated development activities in wetlands or buffers shall be mitigated according to this title subject to the following order:

1.    Avoiding the impact altogether by not taking a certain action or parts of actions;

2.    Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to reduce impacts;

3.    Using one of the following mitigation types, listed in order of preference:

a.    Rectifying the impact by reestablishing, rehabilitating, or restoring the affected environment;

b.    Compensating for the impact by replacing or providing substitute resources or environments; or

c.    Compensating for the impact by improving the environmental processes that support wetland systems and functions.

4.    Monitoring the impact and compensation and taking appropriate corrective measures; or

5.    Combining any of the above measures to mitigate for individual actions.

B.    Mitigation for Regulated Activities in Wetland Buffers. A specific mitigation plan is required and the requirements are provided in Section 19.700.715. Approval of the mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and department director or designee, and recorded with the Kitsap County Auditor. The agreement shall refer to all requirements for the mitigation project.

C.    Mitigation for Regulated Activities in Wetlands. Compensatory mitigation shall be required for regulated activities that result in the loss of wetland acreage. A specific mitigation plan is required and the requirements are provided in Section 19.700.715.

1.    A compensatory mitigation plan shall be completed. The applicant shall submit a detailed mitigation plan for compensatory mitigation to the department.

2.    The detailed mitigation plan shall be prepared, signed, and dated by the wetland specialist to indicate that the plan is in accordance with specifications as determined by the wetland specialist. A signed original mitigation plan shall be submitted to the department.

3.    Approval of the detailed mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and department director or designee, and recorded with the Kitsap County Auditor. The agreement shall refer to all requirements for the mitigation project.

4.    The mitigation project shall be completed according to a schedule agreed upon between the department and the applicant.

5.    Wetland mitigation shall occur according to the approved wetland mitigation plan and shall be consistent with provisions of this chapter and title.

6.    The wetland specialist shall be onsite during construction and plant installation phases of all mitigation projects.

7.    On completion of construction for the wetland mitigation project, the wetland specialist shall submit an as-built report to the department for review and approval.

D.    Wetland Replacement Ratios.

1.    The following ratios appearing below in the Table 19.200.250 (Wetland Mitigation Replacement Ratios), as well as consideration of the factors listed in this section, shall be used to determine the appropriate amounts of restored, rehabilitated, created or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area requiring replacement, and the second number specifies the amount of wetland area altered.

TABLE 19.200.250
WETLAND MITIGATION REPLACEMENT RATIOS TABLE

Wetland Category	Re-establishment or Creation	Rehabilitation	1:1 Reestablishment or Creation (R/C) and Enhancement (E)	Enhancement Only
All Category IV	1.5:1	3:1	1:1 R/C and 2:1 E	6:1
All Category III	2:1	4:1	1:1 R/C and 2:1 E	8:1
Category II Estuarine	Case-by-case	4:1 rehabilitation of an estuarine wetland	Case-by-case	Case-by-case
All other Category II	3:1	8:1	1:1 R/C and 4:1 E	12:1
Category I Forested	6:1	12:1	1:1 R/C and 10:1	24:1
Category I other	4:1	8:1	1:1 R/C and 6:1 E	16:1
Category I Natural Heritage site	Case-by-case	6:1 rehabilitation of a Natural Heritage site	Case-by-case	Case-by-case
Category I Coastal Lagoon	Case-by-case	6:1 rehabilitation of a coastal lagoon	Case-by-case	Case-by-case
Category I Bog	Case-by-case	6:1 rehabilitation of a bog	Case-by-case	Case-by-case
Category I Estuarine	Case-by-case	6:1 rehabilitation of an estuarine wetland	Case-by-case	Case-by-case

2.    The department may increase or decrease the ratios based on one or more of the following:

a.    Replacement ratios may be increased under the following circumstances:

(1)    Uncertainty exists as to the probable success of the proposed restoration or creation;

(2)    A significant period of time will elapse between impact and establishment of wetland functions at the mitigation site;

(3)    Proposed compensation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

(4)    The impact was an unauthorized impact.

b.    Replacement ratios may be decreased under the following circumstances:

(1)    Documentation by the applicant provides more certainty that the proposed compensation actions will be successful. For example, demonstrated prior success with similar compensation actions as those proposed, and/or extensive hydrologic data to support the proposed water regime;

(2)    Documentation by the applicant demonstrates that the proposed compensation actions will provide functions and values that are significantly greater than the wetland being impacted; or

(3)    The proposed mitigation actions are conducted in advance of the impact and are shown to be successful.

E.    Off-Site Compensatory Mitigation.

1.    Considerations for determining whether off-site mitigation is preferable include, but are not limited to:

a.    On-site conditions do not favor successful establishment of the required vegetation type, or lack the proper soil conditions, or hydrology;

b.    On-site compensation would result in an aquatic habitat that is isolated from other natural habitats or severely impaired by the effects of the adjacent development;

c.    Off-site location is crucial to one or more species that is threatened, endangered, or otherwise of concern, and the on-site location is not;

d.    Off-site location is crucial to larger ecosystem functions, such as providing corridors between habitats, and the on-site location is not; and

e.    Off-site compensation has a greater likelihood of success or will provide greater functional benefits.

2.    When determining whether off-site mitigation is preferable, the value of the site-specific wetland functions at the project site, such as flood control, nutrient retention, sediment filtering, and rare or unique habitats or species, should be fully considered.

3.    When conditions do not favor on-site compensation, off-site compensatory mitigation should be located as close to the impact site as possible, at least within the same watershed, while still replacing lost functions.

F.    Monitoring Requirements. Kitsap County shall require monitoring reports on an annual basis for a minimum of five years and up to ten years, or until the department determines that the mitigation project has achieved success. The wetlands mitigation plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project-specific and use best available science to aid the department in evaluating whether or not the project has achieved success (See Chapters 19.700, 19.710 and Section 19.700.715, Special Reports).

G.    Mitigation Banking. Kitsap County encourages the creation of a public or private mitigation banking system when feasible.

(Ord. 351 (2005) § 25, 2005)

19.200.260 Incentives for wetland mitigation.

Kitsap County recognizes that property owners wish to gain economic benefits from their land. The county encourages such mechanisms as the Open Space Tax Program, conservation easements and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in this title. Buffers dedicated as permanent open space tracts will qualify for the open space taxation program and will be offered the opportunity to be entered into this program. Kitsap County may offer to purchase these lands through the Conservation Futures Fund.

(Ord. 351 (2005) § 26, 2005: Ord. 217 (1998) § 3 (part), 1998)