Chapter 18.270
WETLANDS

Sections:

18.270.010    Purpose.

18.270.020    Exempted wetlands.

18.270.030    Wetland determination.

18.270.040    Wetland delineation.

18.270.050    Standard requirements.

18.270.060    Wetland rating system.

18.270.070    Buffer requirements.

18.270.080    Buffer modifications.

18.270.090    Wetland and buffer maintenance and monitoring.

18.270.100    Standards—Buffer activities.

18.270.110    Standards—Wetland activities.

18.270.115    Wetland replacement.

18.270.120    Wetland banking.

18.270.130    Emergency wetlands permit.

18.270.010 Purpose.

It is the purpose of this chapter to provide balanced wetland protection measures which:

A.    Ensure the goal of no net loss of wetland acreage and functions;

B.    Encourage restoration and enhancement of degraded and low quality wetlands;

C.    Provide a high level of protection for higher-quality wetlands;

D.    Maintain consistency with federal wetland protective measures;

E.    Balance the need for the protection of natural resources with private property rights and economic development. (Ord. 04-025 § 4 (part), 2004)

18.270.020 Exempted wetlands.

The following wetlands are not subject to regulation under this chapter:

A.    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, stormwater facilities, farm ponds, and landscape amenities; provided, that wetlands created as compensatory mitigation shall not be exempted.

B.    Isolated Category 4 wetlands that are less than ten thousand square feet in size and isolated Category 2 and 3 wetlands that are less than twenty-five hundred square feet that are not located within the buffer of a nonexempt wetland. If the city has established a fee program for wetland impacts, these nonexempt wetlands are subject to such a fee unless preserved. (Ord. 04-025 § 4 (part), 2004)

18.270.030 Wetland determination.

The director shall determine if a wetland delineation is required based on the probable presence of a regulated wetland or buffer on a project site as shown by a mapped hydric soil, mapped wetland of the National Wetland Inventory or other resource map available to the city, a site investigation, or other available resource indicating that a wetland may be located on or adjacent to the subject site. (Ord. 04-025 § 4 (part), 2004)

18.270.040 Wetland delineation.

A wetland delineation is required for all projects that contain a wetland or wetland buffer on the project site. Delineations shall meet the following requirements:

A.    Wetlands shall be rated based on BGMC 18.270.060 and the following:

1.    A single wetland may be classified into more than one category if distinct areas exist in the wetland that clearly meet the description of separate categories.

2.    Wetlands that are improved and now meet the criteria for a higher category are classified according to the characteristics of the improved wetland.

B.    Methodology. The location of a wetland and its boundary shall be determined through the performance of a field investigation utilizing the methodology contained in the Wetlands Delineation Manual. If a wetland is located off-site and is inaccessible, the best available information shall be used to determine the wetland boundary and category.

C.    Information Requirements. Wetland boundaries shall be staked and flagged in the field and a delineation report shall be submitted to the department. The report shall include the following information:

1.    Topographic map of area;

2.    National wetland inventory map showing site;

3.    Natural Resource Conservation Service soils map showing site;

4.    Site map, at a scale no smaller than one inch equals one hundred feet, if practical, showing the following information:

a.    Wetland boundaries showing proposed development activities;

b.    Sample sites and sample transects;

c.    Boundaries of forested areas; and

d.    Boundaries of each wetland class clearly labeled;

5.    Discussion of methods and results with special emphasis on technique used from the Wetlands Delineation Manual (DOE Manual);

6.    Acreage of each wetland on the site based on the survey if the acreage will impact the buffer size determination or the project design;

7.    All completed field data sheets (U.S. Army Corps of Engineers’ format for three parameter application) numbered to correspond to each sample site.

D.    Responsibility. The wetland delineation is the responsibility of the applicant. The director shall verify the accuracy of the boundary delineation within twenty-eight working days of receiving the delineation report. This review period may be extended when excessively dry conditions prohibit the confirmation of the wetland delineation. If the delineation is found to not accurately reflect the boundary of the wetland, the director will issue a report, within thirty working days of receiving the applicant’s delineation report, citing evidence (for example, soil samples) that demonstrates where the delineation is in error. The applicant may then either revise the delineation and submit another report or administratively appeal. The appeal shall be filed as a separate action from the underlying permit in order that a determination can be made on the appeal so the applicant can move forward with site design.

E.    Wetland Function and Value Assessment. The wetland delineation shall contain an analysis of the wetland functions and values using the following methodology based on the size of the wetland.

1.    Washington State Wetland Rating System for Western Washington;

2.    WAFAM: Washington Freshwater Assessment Methodology for depressional or riverine wetlands one-half acre or greater. Methods for Assessing Wetland Functions, DOE 99-115;

3.    WADOT: Washington Department of Transportation Wetland Functions Characterization Tool for Linear Projects, June 2000 for depressional and riverine wetlands less than one-half acre.

F.    Wetland delineations shall be completed by a professional wetland scientist as demonstrated by:

1.    Maintaining current certification from the Society of Wetland Scientists as a Professional Wetland Scientist (PWS); or

2.    Having sufficient training and experience in wetland identification and related fields as may be demonstrated by the completion of accredited university baccalaureate or postgraduate programs and/or a combination of education and experience that enable that individual to make sound professional judgments regarding wetland identification and delineation.

G.    The city may retain a consultant to review the wetland delineation and require the applicant to modify or obtain additional information. (Ord. 06-02 § 1, 2006; Ord. 04-025 § 4 (part), 2004)

18.270.050 Standard requirements.

Any action granting or approving a triggering application shall be conditioned on all the following:

A.    Permanent Marking of Buffer Area. A permanent physical demarcation along the upland boundary of the wetland buffer area shall be installed and thereafter maintained. Such demarcation may consist of logs, a tree or hedge row, fencing made only of wood, or other prominent physical marking approved by the director. In addition, signs measuring no more than six square feet in area and no shorter than four feet nor higher than six feet shall be posted at an interval of one per lot or every one hundred feet, whichever is less, and perpetually maintained at locations along the outer perimeter of the wetland buffer approved by the director worded substantially as follows:

—Wetland Buffer—

Please retain in a natural state

BGMC 18.270.050

The signage and fencing shall be installed prior to any land alteration or construction. (Ord. 04-025 § 4 (part), 2004)

18.270.060 Wetland rating system.

Wetlands shall be rated and their functions scored according to the Department of Ecology wetland rating system found in the Washington State Wetland Rating System documents (Western Washington, Ecology Publication No. 93-74) or as revised or replaced by Ecology. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the ordinance codified in this chapter and as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. Wetlands shall be categorized into the standard rating system of Category I, Category II, Category III or Category IV as described in the Washington State DOE manual. (Ord. 04-025 § 4 (part), 2004)

18.270.070 Buffer requirements.

A.    Determining Buffer Widths. Buffer widths shall be measured horizontally outward from the delineated wetland boundary based on the base buffer width identified in Table 18.270.070-1 and any adjustments required by Tables 18.270.070-3 through 18.270.070-7.

 

Table 18.270.070-1

Wetland Category	Base Buffer Width
Category I	150 feet
Category II	100 feet
Category III	50 feet
Category IV	25 feet

B.    Buffer Width Modifications. The buffer widths established by BGMC 18.270.070(A) may be increased or decreased through the requirements of this section.

1.     Land Use Impact Category. Proposed land uses adjacent to the wetland shall be divided into the categories in Table 18.270.070-2 to determine increases or decreases in the base buffer width:

Table 18.270.070-2

Rating of impact from proposed changes in land use	Types of land uses that cause the impact based on common zoning categories
High	Commercial, urban, industrial, institutional, retail sales, residential with more than 1 unit per acre, high intensity recreation (golf course, ball fields)
Moderate	Residential with 1 unit per acre or less, parks
Low	Forestry, open space

2.    Buffer Adjustment Based on Wetland Function Scores. Buffers will be increased or decreased based on the land use impact category and function score of the wetland as determined by the “Washington State Wetland Rating System for Western Washington” as indicated in Tables 18.270.070-3 through 18.270.070-7.

Table 18.270.070-3
Width of Buffers for Category IV Wetlands

Wetland characteristics	Buffer width adjustment to 25 ft. base width (based on land use impact)	Other protections
Score for functions < 30 points	Low—No change Moderate—No change High—Increase by 25 ft.	N/A

 

Table 18.270.070-4
Width of Buffers for Category III Wetlands

Wetland characteristics	Buffer width adjustment to 50 ft. base width (based on land use impact)	Other protections
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.	N/A
Not meeting above criteria	Low—Decrease by 10 ft. Moderate—No change. High—Increase by 30 ft.	N/A

 

Table 18.270.070-5
Width of Buffers for Category II Wetlands

Wetland characteristics	Buffer width adjustment to 100 ft. base width (based on land use impact)	Other protections
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 200 ft.	Maintain connectivity to fish and wildlife species.
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.	N/A
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 pts.)	Low—Decrease by 50 ft. Moderate—Decrease by 25 ft. High—No change.	No additional discharges of untreated runoff.
Not meeting above criteria.	Low—Decrease by 50 ft. Moderate—Decrease by 25 ft. High—No change.	N/A

 

Table 18.270.070-6
Width of Buffers for Category I
Wetlands 

Wetland characteristics	Buffer width adjustment to 150 ft. base width (based on land use impact)	Other protections
Natural Heritage Wetlands	Low—Decrease by 25 ft. Moderate—Increase by 40 ft. High—Increase by 100 ft.	No additional discharges of surface water. No septic systems within 300 feet. Restore degraded parts of buffer.
Bogs	Low—Decrease by 25 ft. Moderate—Increase by 40 ft. High—Increase by 100 ft.	No additional discharges of surface water. Restore degraded parts of buffer.
Forested	Buffer size to be based on score for habitat or water quality functions.	If forested wetland scores high for habitat, need to maintain connectivity to other natural areas. Restore degraded parts of buffer.
High level of function for habitat. (Score for habitat is 29-36 pts.)	Low—No change Moderate—Increase by 75 ft. High—Increase by 150 ft.	Maintain connectivity to other natural areas. Restore degraded parts of buffer.
Moderate level of function for habitat. (Score for habitat is 20-28 pts.)	Low—Decrease by 75 ft. Moderate—Decrease by 40 ft. High—No change.	N/A
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 pts.)	Low—Decrease by 100 ft. Moderate—Decrease by 75 ft. High—No change.	No additional discharges of untreated runoff.
Not meeting above criteria.	Low—Decrease by 100 ft. Moderate—Decrease by 75 ft. High—Decrease by 50 ft.	N/A

C.    Land Use Impact Reduction. Buffer widths for high impact land uses may be reduced to those for moderate impacts under the following conditions:

1.    For wetlands that score moderate to high for habitat, the width of the buffer can be reduced if the following conditions are met:

a.    A relatively undisturbed vegetated corridor of at least one hundred feet in width is protected which connects the wetland with another wetland or other priority habitat as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected between the two protected areas via some type of legal protection; and

b.    Measures to minimize the impacts of different land uses are applied as indicated in Table 18.270.070-7.

2.    For wetlands that score less than twenty points for habitat, the buffer width can be reduced to those for moderate land uses if measures to minimize the impacts of different land uses are applied as indicated in Table 18.270.070-7.

Table 18.270.070-7

Examples of Disturbance	Examples of Measures to Minimize Impacts Activities that Cause the Disturbance	Activities that Cause the Disturbance
Lights	Direct lights away from the wetland.	Parking lots, warehouses, manufacturing, high density residential.
Noise	Place activity that generates noise away from the wetland.	Manufacturing, high density residential.
Toxic runoff	Route all new untreated runoff away from wetland. Covenants limiting use of pesticides within 150 ft. of wetland. Integrated pest management programs.	Parking lots, roads, manufacturing, residential areas, application of agricultural pesticides, landscaping.
Change in water regime	Infiltrate or treat, detain and dispense into buffer new runoff from surfaces.	Any impervious surface, lawns, tilling.
Pets and human disturbance	Fence around buffer. Plant buffer with “impenetrable” natural vegetation appropriate for region.	Residential areas.
Dust	BMPs for dust.	Tilled fields.

(Ord. 04-025 § 4 (part), 2004)

18.270.080 Buffer modifications

A.    Wetland Buffer Width Averaging. The director may allow modification of the standard wetland buffer width in accordance with an approved critical area report and the best available science on a case-by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where a qualified wetlands professional demonstrates that all the following criteria is met:

1.    It will not reduce wetland functions or values; and

2.    The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; and

3.    The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

4.    The buffer width is not reduced to less than seventy-five percent of the width established by BGMC 18.270.070; and

5.    The averaging is accomplished on the project site or through an off-site conservation easement or tract approved by the director. (Ord. 04-025 § 4 (part), 2004)

18.270.090 Wetland buffer maintenance and monitoring.

A wetland buffer is to be maintained in a healthy manner and may be subject to periodic inspection by the city. When installation of wetland buffer is required by this title, to assure survival of new plantings, the owner shall be responsible for the monitoring, maintenance and replacement, if necessary, of wetland buffer plantings to assure one hundred percent survival for trees and ninety percent survival for shrubs and ground cover. The mandatory maintenance of wetland buffer for a five-year period shall be assured by the developer prior to the final acceptance of a buffer by requiring one of the following options, subject to approval of the city as to legal form prior to acceptance:

A.    The posting of a performance bond for one hundred fifty percent of the estimated cost of maintenance of wetland buffer, as approved by the director;

B.    The depositing with the city treasurer/finance director of a certified or cashiers check for one hundred fifty percent of the estimated cost of wetland buffer, as approved by the director;

C.    Filing with the director of a copy of a service contract for maintenance of wetland buffer; and

D.    Such other written commitments that will assure satisfactory maintenance of a wetland buffer as approved by the director. (Ord. 04-025 § 4 (part), 2004)

18.270.100 Standards—Buffer activities.

Wetland buffers shall remain undeveloped and undisturbed except for the following activities. Appropriate mitigation shall be required if the activities result in impacts to wetlands:

A.    Stormwater Facilities. Stormwater facilities are allowed, provided the facilities will not degrade the wetland or buffer and are designed to blend with the natural landscape. Unless determined otherwise by the director, the following activities shall be considered to degrade a wetland buffer when they are associated with the construction of a stormwater facility:

1.    A reduction in buffer type;

2.    Removal of trees greater than four inches diameter at four and one-half feet above the ground or greater than twenty feet in height;

3.    Disturbance of plant species that are listed as rare, threatened or endangered by the city of Battle Ground or any state or federal management agency;

4.    The construction of concrete structures other than manholes, inlets, and outlets that are exposed above the normal water surface elevation of the facility;

5.    The construction of maintenance and access roads;

6.    Slope grading steeper than four to one horizontal to vertical above the normal water surface elevation of the stormwater facility;

7.    The construction of pretreatment facilities such as forebays, sediment traps, and pollution control manholes;

8.    The construction of trench drain collection and conveyance facilities;

9.    The placement of fencing unless it meets the requirements for fencing below;

10.    The placement of rock and/or riprap, except for the construction of flow spreaders, or the protection of pipe outfalls and overflow spillways; provided, that buffer functions for areas covered in rock and/or riprap are replaced; and

11.    Other activities shown to degrade the wetland or buffer through a critical areas report.

B.    Road and Utility Crossings. Crossing buffers with new roads and utilities is allowed provided all the following conditions are met:

1.    Buffer functions, as they pertain to protection of the adjacent wetland and its functions, are replaced.

2.    Impacts to the buffer and wetland are minimized.

3.    The road and/or utilities take the shortest route possible through the buffer.

4.    Appropriate landscaping is provided along the roadway to shield wetlands from activity on the roadway.

C.    Fences. Fences are permitted within buffers; provided, that the following criteria is met:

1.    Vegetation clearing necessary to install the fence shall be the minimum amount possible to install the fence using hand tools only;

2.    Fences shall consist of open natural materials such as wood split rail or field fencing that allows for the unhindered movement of water and wildlife across the fence line except that fences within existing improved yards may be composed of other materials; and

3.     Applicable development approvals do not prohibit such installation.

D.    Other Temporary Activities in a Buffer. Regulated activities not involving stormwater management, road and utility crossings, or a buffer reduction via enhancement are allowed in the buffer if all the following conditions are met:

1.    The activity is temporary and will cease or be completed within three months of the date the activity begins;

2.    The activity will not result in a permanent structure in or under the buffer;

3.    The activity will not result in a reduction of buffer acreage, type, or functions;

4.    The activity will not result in a reduction of wetland acreage, classification, or functions; and

5.    Clearing is limited to the minimum necessary to complete the activity and the cleared areas are restored upon completion. (Ord. 04-025 § 4 (part), 2004)

18.270.110 Standards—Wetland activities.

A.    Activities within wetland boundaries or the filling of wetlands are generally prohibited subject to the specific standards and exceptions of this section and meeting the mitigation sequencing contained in BGMC 18.260.120.

B.    Category I Wetlands.

1.    The filling or draining of Category I wetlands is prohibited unless the proposed activity cannot be accomplished in a different location.

2.    Other activities in Category I wetlands are prohibited except for road, utility and other public purposes where there is no other practicable location or alternative for the activity.

C.    Category II Wetlands.

1.    The filling or draining of Category II wetlands is prohibited subject to the mitigation sequencing contained in BGMC 18.260.120.

2.    Other activities in Category II wetlands are prohibited except for road, utility and other public purposes where there is no other practicable location or alternative for the activity, provided the following conditions are met:

a.    The activity does not result in a decrease in wetland acreage or classification; and

b.     Impacts to the wetland are minimized.

D.    Category III and IV Wetlands.

1. The filling or draining of Category III and IV wetlands is prohibited unless consistent with the mitigation sequencing contained in BGMC 18.260.120.

2.     Road and Utility Crossings. Crossing wetlands by utilities or roads is allowed, provided the following conditions are met:

a.    The activity does not result in a decrease in wetland acreage or classification; and

b.    Impacts to the wetland are minimized.

3.    Fences. Fences are permitted; provided, that the following criteria is met:

a.    Vegetation clearing necessary to install the fence shall be the minimum amount possible to install the fence using hand tools only;

b.    Fences shall consist of open natural materials such as wood split rail or field fencing that allows for the unhindered movement of water and wildlife across the fence line except that fences within existing improved yards may be composed of other materials; and

c.    Applicable development approvals do not prohibit such installation.

4.    Other Activities in a Wetland. Regulated activities not involving utility crossings or wetland replacement are allowed in a wetland; provided, the following conditions are met:

a.    The activity will not result in a reduction of wetland acreage, classification or functions; and

b.    The activity is temporary and will cease or be completed within three months of the date the activity begins.

E.    All wetland activity is subject to the review and approval of a critical areas report and is subject to the requirements of BGMC 18.270.115, Wetland replacement. (Ord. 04-025 § 4 (part), 2004)

18.270.115 Wetland replacement.

Where a wetland is filled or impacted by an activity, wetland replacement shall be required consistent with the following standards:

A.    Replacement wetlands shall be located on-site or in the same local watershed as impacted wetlands;

B.    Replacement or enhanced wetlands shall be of the same or greater category and shall provide the same or greater function and values of the wetland being replaced;

C.    Replacement Ratios for Creation and Restoration. The following ratios apply when a wetland is restored or created with the same category of wetland and the replacement is accomplished within one year of the wetland impact:

Wetland Category	Mitigation Ratio: Replacement Area/Impacted Area
Category I	6:1
Category II	3:1
Category III	3:1
Category IV	1.5:1

1.    Enhanced Replacement. Enhancing wetlands to increase functions and values, at a minimum, enhancement acreage shall be double the acreage required for creation or restoration. Category IV wetland may be enhanced to Category II or III wetlands.

2.    The mitigation ratio will double for unauthorized impacts to any category wetland.

3.     Replacement ratios may be decreased if the applicant provides documentation that the proposed compensation will be more certain of success, documentation that the proposed compensation project will provide functions and values that are significantly greater than the wetland being impacted, or the proposed mitigation has or will be conducted in advance and is shown to be successful;

D.    Wetland replacement projects shall consider the guidance provided for in the “Guidance on Wetland Mitigation in Washington State,” Washington State Department of Ecology publication No. 04-06-013A and No. 04-06-013B in developing plans;

E.    Wetland Preservation. Wetland preservation shall be allowed for protection of Category I and II wetlands for impacts less than one-half acre. (Ord. 04-025 § 4 (part), 2004)

18.270.120 Wetland banking.

A.    Construction, enhancement or restoration of wetlands to use as mitigation for future wetland development impacts in the same watershed is permitted subject to the following:

1.    A critical area permit shall be obtained prior to any mitigation banking. If a critical area permit is not obtained prior to mitigation bank development, mitigation credit will not be awarded. On projects proposing off-site wetland banking in addition to required wetland mitigation, a separate critical area permit will be required for each activity. The performance and maintenance bond requirements of Chapter 18.260 BGMC shall not be applicable, provided there are no requests for mitigation credit prior to the city determining the mitigation banking is successful. If mitigation banking is not fully functioning, as defined in the critical area permit, at the time mitigation credit is requested, the performance and maintenance bond requirements shall apply.

2.    Federal and state wetland regulations, if applicable, shall supersede city requirements.

B.    The mitigation credit allowed will be determined by the city, based on the wetland category, condition and mitigation ratios as specified in subsection (1) of this section.

C.    On projects proposing off-site wetland banking in addition to required wetland mitigation, a separate permit fee will be required for each activity.

D.    Purchase of banked wetland credits is permitted to mitigate for wetland impacts in the same watershed, provided the applicant has minimized wetland impacts, where reasonably possible, and the following requirements are met:

1.    Documentation, in a form approved by the city attorney, adequate to verify the transfer of wetland credit shall be submitted; and

2.    A plat note along with information on the title shall be recorded in a form approved by the prosecuting attorney as adequate to give notice of the requirements of this section being met by the purchase of banked wetland credits. (Ord. 04-025 § 4 (part), 2004)

18.270.130 Emergency wetlands permit.

A.    Authorization. Notwithstanding the provisions of this chapter or any other laws to the contrary, the director may issue prospectively or, in the case of imminent threats, retroactively a temporary emergency wetlands permit if:

1.    The director determines that an unacceptable threat to life or loss of property will occur if an emergency permit is not granted; and

2.    The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this act and other applicable laws.

B.    Conditions. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this act and shall:

1.    Be limited in duration to the time required to complete the authorized emergency activity, not to exceed ninety days.

2.    Require, within this ninety-day period, the restoration of any wetland altered as a result of the emergency activity, appropriate mitigation for impacts or a permit and mitigation for the permanent or temporary impacts resulting from the activity, except that if more than the ninety days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration.

3.    Notice. Notice of issuance of an emergency permit shall be published in a newspaper having general circulation in the city of Battle Ground not later than ten days after issuance of such permit.

4.    Termination. The emergency permit may be terminated at any time without process upon a determination by the director that the action was not or is no longer necessary to protect human health or the environment.

C.    Any work conducted under an emergency permit that is to remain permanently shall be subject to a review and approval under the normal permit process. (Ord. 04-025 § 4 (part), 2004)