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A. Designation. Wetlands in the city shall be designated according to the definition of wetlands in RCW 36.70A.030(21). Wetlands meeting the criteria of that definition shall be subject to these critical areas regulations.

B. Identification, Rating, and Mapping. To date there has been no wetlands mapping done specifically for the City of Kettle Falls area.

1. The city shall pursue accurate identification and rating of all wetlands in its planning area based on the Washington State Wetlands Identification and Delineation Manual (Washington Department of Ecology Publication No. 96-94, or as amended) and the Washington State Wetlands Rating System for Eastern Washington (or as amended).

2. Until funding is obtained to conduct a comprehensive inventory of wetlands, the National Wetlands Inventory (NWI) maps shall be used as a base designation. The NWI maps, along with other supportive documentation, shall be used to review development proposals, but because the National Wetlands Inventory was done at such a broad scale, local verification according to the criteria in this section shall be part of the standard process for identifying and designating wetlands.

3. If the administrator determines that the site of a proposed development potentially includes, or is adjacent to, a wetland, and a critical areas report is required, wetland identification and, where applicable, rating shall be undertaken using the Washington State Wetlands Identification and Delineation Manual. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement. All areas within the city meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary.

4. Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology). Where federal regulations require use of the U. S. Army Corps of Engineers Arid West Interim Regional Supplement (or as amended) to the 1987 Wetland Delineation Manual, delineation using the Washington State Wetlands Identification and Delineation Manual (Washington Department of Ecology Publication No. 96-94, or as amended) shall also be required.

C. Classification. Wetlands shall be classified as follows:

1. Category I. Category I wetlands are those that:

a. Represent a unique or rare wetland type;

b. Are sensitive to disturbance;

c. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or

d. Provide a very high level of functions.

Generally, these wetlands are not common and make up a small percentage of the wetlands in Eastern Washington. Category I wetlands include alkali wetlands, bogs, natural heritage wetlands, mature and old-growth forested wetlands with slow growing trees, forested wetlands with stands of aspen, and wetlands that perform many functions well, as measured by the rating system.

2. Category II. Category II wetlands are:

a. Forested wetlands in the channel migration zone of rivers;

b. Mature forested wetlands containing fast growing trees;

c. Vernal pools present within a mosaic of other wetlands; or

d. Those wetlands with a moderately high level of functions.

These wetlands are difficult, though not impossible, to replace. They provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but still need a high level of protection.

3. Category III. Category III wetlands are:

a. Vernal pools that are isolated; or

b. Wetlands with a moderate level of functions, as measured by the rating system.

These wetlands have generally been disturbed in some manner, and are often smaller, less diverse and/or more isolated in the landscape than Category II wetlands. They may not require as much protection as Category I and II wetlands.

4. Category IV. Category IV wetlands have the lowest levels of functions, as measured by the rating system, and are often heavily disturbed. These are wetlands that we should be able to replace, and in some cases improve. These wetlands do provide some important functions and should be afforded some degree of protection.

D. Standards. In addition to the general provisions of this chapter and the requirements of the underlying zone, the following minimum standards shall apply to development activities within and adjacent to wetland areas. Any decision regarding changes in buffer width, plant community rehabilitation, buffer width averaging, buffer configuration, activities allowed in buffers, signage, fencing, wetland alteration, off-site mitigation, mitigation ratios, density increases, or any other substantive decision related to the minimum standards shall be an administrative decision.

1. New or changed activities and uses shall be prohibited from wetlands or wetland buffers unless the applicant can show that the proposed activity will not degrade the functions and values of the wetland or other critical areas, or as otherwise provided in this title.

2. Buffer Widths. The following standard buffer widths have been established in accord with best available science to provide predictability in the regulation of wetlands:

Category of Wetland

Width of Buffers

I

250 ft

II

200 ft

III

150 ft

IV

50 ft

The standard buffer widths shall be applied unless a critical areas report establishes, based on intensity of impacts, wetlands functions, or special characteristics as described in Appendix 8-D of Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Department of Ecology Publication No. 05-06-008, or as amended), that a greater or lesser buffer width would serve to protect the functions and values of a particular wetland. The standard buffer widths may be reduced by up to, but not more than, 25 percent for low intensity uses such as open space recreation, unpaved trails, or utility corridors that do not require roads or vegetation management. Greater buffer widths or rehabilitation of an inadequate plant community may be required where necessary to ensure development does not result in adverse impacts to wetlands.

3. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The same buffer widths and measurement criteria shall apply to any wetland created, restored, or enhanced as compensation for approved wetland alterations. Buffers shall be clearly marked on the ground.

4. Wetland Buffer Width Averaging. The administrator may allow averaging of wetland buffer widths in accordance with an approved critical areas report, provided the following conditions are met:

a. There will be no reduction in wetland functions and values;

b. The wetland contains variations in sensitivity due to physical characteristics or the character of the buffer varies in slope, soils, or vegetation such that the wetland would benefit from a wider buffer is some areas and would not be harmed by a narrower buffer in other places;

c. The buffer at its narrowest point is never less than three-quarters of the required width; and

d. The total area contained in the buffer is no less than would otherwise have been applied under a constant buffer width.

e. Wetland buffer width averaging shall not be combined with any other option for reducing buffer widths.

5. Where other critical areas coincide with wetlands, buffers shall be configured so as to protect aggregate functions and values. Particular consideration shall be given to habitat connectivity.

6. Wetland buffer zones shall be retained in their natural condition. Where buffer disturbances are unavoidable during adjacent construction, a detailed mitigation plan shall be required to ensure successful revegetation with native plant materials.

7. The following activities shall be allowed within wetland buffers:

a. Conservation or restoration activities aimed at protecting soil, water, vegetation or wildlife;

b. Passive recreation, including walkways or trails located in the outer 25 percent of the buffer area, wildlife viewing structures, and fishing access areas, provided these are designed and approved as part of an overall site development plan;

c. Educational and scientific research activities; and

d. Normal and routine maintenance and repair of any existing public or private facilities provided appropriate measures are undertaken to minimize impacts to the wetland and its buffer and that disturbed areas are restored to a natural condition.

8. Stormwater management facilities shall be allowed within the outer 25 percent of a wetland buffer around Category III or IV wetlands; provided, that no other location is feasible, and that the location of such facilities will not degrade the functions of the wetland or its buffer.

9. As a condition of any permit or authorization pursuant to this chapter, the administrator may require temporary or permanent signs and/or fencing along the perimeter of a wetland or buffer in order to protect the functions and values of the wetland, or to minimize future impacts or encroachment upon the wetland or buffer.

10. Wetland alteration proposals shall be approved only if no alternative is available. If alteration is unavoidable, all adverse impacts shall be mitigated as set forth in an approved critical areas report and mitigation plan.

11. Mitigation shall achieve biological functions equivalent to or greater than existed in the wetland prior to mitigation.

12. When possible, mitigation shall be on site and sufficient to maintain the functions and values of the wetland and buffer areas. If on-site mitigation is not feasible, then the applicant shall demonstrate that the site is the nearest that can reasonably achieve the goals of mitigation with a high likelihood of success.

13. Mitigation actions that require compensation by replacing, enhancing or substitution shall occur in the following order of preference:

a. Restoring, replacing or enhancing the wetland on the site of the project;

b. Restoring, replacing or enhancing degraded wetlands in the same sub-basin;

c. Creating wetlands on upland sites that were former wetlands or that are disturbed upland sites;

d. Preserving high quality wetlands that are under imminent threat.

14. The following ratios apply to the creation, restoration or preservation of wetlands that is in-kind, on-site, the same category, timed prior to or concurrent with alteration, and has a high probability of success:

Category of Wetland

Ratio

I

6-to-1

II

3-to-1

III

2-to-1

IV

1.5-to-1

These ratios do not apply to remedial actions resulting from unauthorized alterations.

15. The mitigation ratio may be increased if the administrator identifies that:

a. Uncertainty exists as to the probable success of the proposed restoration or creation;

b. A significant time period will elapse between impact and replication of wetland functions;

c. Proposed mitigation will result in a lower category of wetland or reduced functions relative to the wetland being impacted; or

d. The impact was due to an unauthorized action.

16. The administrator may decrease the mitigation ratio where:

a. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;

b. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will provide functions and values greater than the wetland being impacted; or

c. The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful.

17. The long or short subdivision of lands that include wetlands is subject to the following:

a. Land that is located wholly within a wetland or its buffer may not be subdivided;

b. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is located outside of the wetland and its buffer and meets minimum lot size requirements;

c. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the city determines that no other feasible alternative exists.

18. The administrator may allow greater density of development outside of wetland areas and associated buffers as an incentive, provided the ability to ensure a high level of protection for on-site resources is demonstrated in an approved critical areas report and mitigation plan.

E. Riparian Buffers. The area adjacent to the shoreline is the riparian buffer. The intent of the riparian buffer is to maintain riparian habitat functions, structure and value. The point of measurement for the riparian buffer begins at the ordinary high-water mark on each bank and is measured horizontally from this point or from the top of the bank where the ordinary high-water mark cannot be identified. No development, except as outlined in the provisions of this section, is allowed in this area. Riparian buffers apply to the following areas: (a) areas adjacent to Type S, F, Np and Ns waters per criteria as set forth in WAC 222-16-031, Interim water typing system, as amended; and (b) areas adjacent to shorelines of the state as defined in Chapter 90.58 RCW, the Shoreline Management Act (SMA) and the shoreline master program use regulations of the city.

1. Vegetation within the riparian buffer shall be maintained as riparian habitat. Noxious weeds in the riparian buffer should be controlled according to best management practices. The Stevens County noxious weed control board should be consulted for recommendations. Where riparian buffer vegetation disturbances have occurred, only revegetation with locally prescribed native vegetation is permitted.

2. All riparian buffers shall be temporarily fenced between the construction activity and the riparian buffer with a highly visible and durable protective barrier, such as filter fencing and straw bales, during construction to prevent access and protect the riparian buffer. The administrator may waive this requirement if an alternative to fencing which achieves the same objective is proposed and approved.

3. Riparian Buffer Widths. Water bodies designated by the shoreline master program use regulations of the city’s environment classifications and water bodies meeting the definition of shorelines of the state per Chapter 90.58 RCW (the Shoreline Management Act) shall have the following required buffer widths:

Shoreline, Rivers, Streams, Lakes, and Ponds

Nonshoreline Rivers, Streams

Environment Classification

Buffer Width (feet)

Stream Type

Buffer Width (feet)

Natural

200

Type S

200

Conservancy

200

Type F

150

Rural

175

Type Np

100

Urban

100

Type Ns

100

(Ord. 1803, §1, 2022).