14.15.200 Wetlands | Cathlamet Municipal Code

14.15.200 Wetlands.

Wetlands are essential and unique features of the town of Cathlamet which provide multiple public benefits that are economically and culturally important to the town of Cathlamet. Wetlands include shallow or deep water marshes, rivers, sloughs, ponds, bogs, wet meadows and forests, shrub wetlands and other lands which support a prevalence of vegetation adapted to saturated soils. Important functions provided by wetlands include flood control, shoreline stabilization and erosion control, aquatic and wildlife habitat, water quality maintenance, recreation, agriculture and silviculture, food chain support and productivity, and aesthetic functions.

(1) Definition. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water 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, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were intentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.

(2) Classification. Wetlands are classified according to the Washington State Wetland Rating System for Western Washington, Second Edition.

(3) Designation. Areas meeting the definition of wetland found in this ordinance are designated as such under RCW 36.70A.170; provided, however, the following wetlands shall not be regulated under this chapter:

(a) Any Category III wetland which has an aggregate area of less than or equal to 2,500 square feet.

(b) Any Category IV wetland which has an aggregate area of less than or equal to 5,000 square feet.

(4) Identification and Delineation of Wetlands. Wetlands shall be identified and delineated according to the most current edition of the state of Washington Department of Ecology’s manual adopted pursuant to RCW 90.58.380.

The approximate extent and/or location of most wetlands within the town of Cathlamet are shown on existing National Wetland Inventory maps, in the Shoreline Management Master Program Environmental Designation Atlas for the Town of Cathlamet, 1980, and are also depicted in Figure 2-6, page 2-27, of the Town of Cathlamet Comprehensive Plan, 2002. The mapped boundaries are approximate and unmapped wetlands may exist. Any conflicts between inventory maps and the provisions of this chapter shall be resolved pursuant to provisions for delineating wetlands. Wetlands not shown on the maps are still subject to the provisions of this chapter.

A determination of whether a wetland exists on any parcel that is the subject of a development application shall be mandatory. The town of Cathlamet will accept a written determination by the U.S. Army Corps of Engineers, Washington Department of Ecology, or a qualified critical areas professional as to whether a specific parcel contains a wetland; in lieu of a formal written determination, the administrator, after consultation with and concurrence by a qualified critical area professional, in his or her discretion, may also consider other reliable evidence in determining whether a wetland exists. If wetlands are found on any parcel that is the subject of a development application, the applicant is responsible for delineating the wetlands.

(a) Any development proposed within a critical wetland area shall be reviewed by the administrator to ensure that:

(i) Any alteration to critical wetland areas comply with applicable state and federal law;

(ii) Any development avoids adverse impacts to regulated wetlands to the extent possible considering the reasonable use of the property and takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts;

(iii) Any development complies with applicable provisions of the shoreline management master program of the town of Cathlamet;

(iv) Natural drainage systems with associated wetland corridors shall be maintained to protect natural hydrologic function, water quality, and to reduce public costs due to potential flooding;

(v) Any reduction of tidal and nontidal critical wetlands shall be mitigated through careful location and design of mitigating proposals approved by the administrator; and

(vi) Wetlands located within publicly-owned and designated forest resource lands will be governed by and subject to compliance with the State Forest Practices Act.

(b) Wetland permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal.

(a) A wetland buffer and/or development setbacks shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored or enhanced wetland. All buffers shall be measured from the wetland boundary; provided, however, if the wetland is separated from the upland areas by an improved public roadway, the buffer areas shall not extend into the upland side of the roadway. The following wetland buffers are established:

Wetland Category		Buffer
Category I	High intensity land use	200 feet
Category I	Low intensity land use	150 feet
Category II	High intensity land use	150 feet
Category II	Low intensity land use	100 feet
Category III	High intensity land use	75 feet
Category III	Low intensity land use	50 feet
Category IV	High intensity land use	50 feet
Category IV	Low intensity land use	25 feet

(b) Standard wetland buffer areas may be modified by averaging buffer widths or a combination of averaging and reduction. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following:

(i) Averaging will provide the necessary biological, chemical and physical support necessary to protect the wetland;

(ii) Width averaging will not adversely impact the wetland’s functions and values; and

(iii) The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer.

(c) If there is a vertical separation of more than 25 feet between the wetland and the proposed development, then no buffer is required; provided, the slope of the vertical separation is greater than 45 degrees and a development setback of not less than 25 feet is maintained at the top of the vertical separation.

(d) Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. Wetland buffer zones shall be vegetated with native species. Nonnative invasive species may be controlled within the wetland buffer zone so long as adverse impacts to the wetland are minimized.

(e) Permitted Uses in a Wetland Buffer Zone. Regulated activities shall not be allowed in a buffer zone except for the following:

(i) Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational, activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing or hunting.

(a) Except as provided in subsections (7)(f) and (7)(g) of this section, as a condition of any permit allowing alteration of wetlands, the applicant will engage in the restoration, creation, or enhancement of wetlands in order to compensate for the impacts resulting from the applicant’s actions. The applicant shall develop a town of Cathlamet approved mitigation plan.

For guidance on what should be contained in a mitigation plan the applicant should consult the interagency document titled, "Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals" available from the administrator.

(b) Alteration of wetlands shall require the creation, restoration or enhancement of wetlands to provide equivalent or greater area, functions and values. In order to address the risk and time lag associated with creating, restoring or enhancing wetlands, the administrator may require mitigation in excess of a 1:1 ratio. In making a determination regarding the appropriate mitigation ratio, the administrator will be guided by the Washington State Department of Ecology publication entitled "Wetland Mitigation Replacement Ratios: Defining Equivalency, February, 1992."

The following standard ratios shall apply to the creation or restoration of wetlands:

Category I	6:1
Category II or III
Forested	3:1
Scrub-Shrub	2:1
Emergent	2:1
Category IV	1.25:1

(i) High degree of uncertainty as to the probable success of the proposed restoration or creation;

(ii) Significant period of time between destruction and replication of wetland functions;

(iii) Projected losses in functional; and/or

(iv) Off-site compensation.

(d) The standard replacement ratio may be decreased under the following circumstances:

(i) Findings of special studies coordinated with agencies and/or other qualified individuals with expertise which demonstrates that no net loss of wetland function or value is attained under the decreased ratio.

(ii) In all cases, a minimum acreage replacement ratio of 1:1 shall be required.

(e) All wetland restoration, creation and/or enhancement projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action must receive the administrator’s written approval of the mitigation plan prior to commencement of any wetland restoration, creation or enhancement activity.

(f) Any Category III wetland which has an aggregate area of less than or equal to 2,500 square feet shall be exempt from any mitigation requirements.

(g) Any Category IV wetland which has an aggregate area of less than or equal to 5,000 square feet shall be exempt from any mitigation requirements. (Ord. 433 § 20, 2002)