Chapter 23.50 WETLANDS

Part I. Designation, Rating and Mapping

23.50.000 Wetlands compliance requirements flowchart.

23.50.010 Designation, rating and mapping – Wetlands.

A. Designating Wetlands. Wetlands are those areas, designated in accordance with the Washington State Wetland Identification and Delineation Manual (1997), that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city of Edmonds meeting the wetland designation criteria in the Identification and Delineation Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title.

B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the Washington State Wetland Rating System documents (Western Washington, Ecology Publications Nos. 93-74 and 04-06-025). These documents contain the definitions and methods for determining the criteria and parameters defining the following wetland rating categories:

a. Category 1 Wetlands. Category 1 wetlands are those that meet one or more of the following criteria:

ii. Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high-quality wetlands;

vi. Wetlands that perform many functions well as indicated by a score of 70 or more on the city of Edmonds wetland field data form.

i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre;

ii. A wetland identified by the state Department of Natural Resources as containing “sensitive” plant species;

iv. Wetlands with a moderately high level of functions as indicated by a score of 51 to 69 on the city of Edmonds wetland field data form.

c. Category 3 Wetlands. Category 3 wetlands are wetlands with a moderate level of functions as indicated by a score of 30 to 50 points on the city of Edmonds wetland field data form.

d. Category 4 Wetlands. Category 4 wetlands are those with the lowest levels of functions as indicated by scores below 30 on the city of Edmonds wetland field data form.

C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, 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.

D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S. Department of Agriculture, National Resources Conservation Service may be useful in helping to identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city of Edmonds, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation.

E. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the Washington State Wetlands Identification and Delineation Manual as required by RCW 36.70A.175 (Ecology Publication No. 96-94, 1997).

F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in the Washington State Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94, 1997) and updated guidance provided in Washington State Wetlands Rating System for Western Washington – Revised (Ecology Publication No. 04-06-025, 2004). Consistent with guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. [Ord. 3527 § 2, 2004].

Part II. Allowed Activities – Wetlands

23.50.020 Allowed activities – Wetlands.

The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include:

A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland.

B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed.

D. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs.

E. Permitted alteration to a legally constructed structure existing within a wetland or wetland buffer that does not increase the footprint of development or impervious surfacing or increase the impact to a wetland or wetland buffer. [Ord. 3527 § 2, 2004].

Part III. Additional Report Requirements – Wetlands

23.50.030 Special study and report requirements – Wetlands.

A. Additional Requirements for Wetlands. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for wetlands must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.

B. Critical areas report requirements for wetlands may be met in “stages” or through multiple reports. The typical sequence of potentially required reports that may in part or in combination fulfill the requirements of this section include:

1. Wetland reconnaissance report documenting the existence and general location of wetlands in the vicinity of a project area;

2. Wetland delineation report documenting the extent and boundary of a jurisdictional wetland per RCW 36.70A.175; and

3. Wetland mitigation report documenting potential wetland impacts and mitigation measures designed to retain or increase the functions and values of a wetland in accordance with ECDC 23.50.050 and the general provisions of this title.

C. A wetland critical areas report may include one or more of the above three report types, depending on the information required by the director and the extent of potential wetland impacts. The Edmonds development services director maintains the authority and discretion to determine which report(s) alone or combined are sufficient to meet the requirements outlined below and to waive report requirements based upon site conditions and the potential for project impacts.

D. Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five years of experience in the field of wetland science and with experience preparing wetland reports. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for wetlands, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B).

E. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical area report for wetlands:

2. All wetlands and recommended buffers within 200 feet of the project area; and

3. All shoreline areas, water features, floodplains, and other critical areas, and related buffers within 200 feet of the project area. The location and extent of wetlands and other critical areas existing outside of the project area or subject parcel boundary may be shown in approximation as practical and necessary to provide an assessment of potential project effects.

F. Wetland Analysis. In addition to the minimum required contents of ECDC 23.40.090, Critical areas reports – Requirements, a critical areas report for wetlands shall contain an analysis of the wetlands, including the following site- and proposal-related information at a minimum:

1. A written assessment and accompanying maps of the wetlands and buffers within 200 feet of the project area, including the following information at a minimum:

g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, and evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits).

The location, extent and analyses of wetlands not contiguous with the subject parcel existing outside of the immediate project area may be described in approximation as practical and necessary to provide an assessment of potential project effects and hydrologic/ecological connectivity to on-site wetlands and other critical areas.

2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity.

3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and wetland functions.

4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff-recognized method and including the reference of the method and all data sheets.

5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum:

c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas;

6. A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs.

7. A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, and stakes) and the proposed monitoring and maintenance work for the required number of years. [Ord. 3527 § 2, 2004].

Part IV. Development Standards – Wetlands

23.50.040 Development standards – Wetlands.

A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas.

B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title.

C. Category 1 Wetlands. Activities and uses shall be prohibited from Category 1 wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title.

D. Category 2 Wetlands. With respect to activities proposed in Category 2 wetlands, the following standards shall apply:

1. Water-dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas.

2. Where non-water-dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that:

a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and

b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer.

E. Category 3 and 4 Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category 3 and 4 wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan.

1. Standard Buffer Widths. The standard buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. If the vegetation is inadequate, then, at the discretion of the director, the buffer width may be increased or an applicant may be required to develop and implement a wetland buffer enhancement plan to maintain the standard width (see subsection (F)(3) of this section). Required standard wetland buffers, based on wetland category, are as follows:

2. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be based on one or more of the following criteria:

b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; or

c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with subsection (F)(3) of this section may substitute.

3. Buffer Width Reductions Through Buffer Enhancement. At the discretion of the Edmonds development services director, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category 3 and 4 wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions to no less than 50 percent of the standard width; provided, that:

a. The plan provides evidence that wetland functions and values will be increased or retained through plan implementation to at least the level provided by a standard buffer or through additional mitigation;

b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees;

c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and

d. The plan specifically documents methodology and provides performance standards for assessing increases in wetland buffer functioning as related to:

4. Wetland Buffer Width Averaging. The director may allow modification of a standard or reduced wetland buffer width in accordance with an approved critical areas report and the best available science on a case-by-case basis by averaging buffer widths. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard or reduced buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that:

b. 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;

c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off-site, after averaging is no less than that which would be contained within a standard or reduced buffer; and

d. The buffer width at any single location is not reduced to less than 50 percent of the standard or reduced buffer width.

5. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.

6. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter.

7. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond.

8. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland:

a. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.

b. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including:

i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability. Raised boardwalks utilizing nontreated pilings may be acceptable;

iii. Fishing access areas down to the water's edge that shall be no larger than six feet.

c. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category 3 or 4 wetlands only; provided, that:

ii. The location and function of such facilities will not degrade the functions or values of the wetland.

Storm water management facilities are not allowed in buffers of Category 1 or 2 wetlands.

1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer.

a. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director:

b. The provisions of subsection (G)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife.

H. Additions to Structures Existing Within Wetlands and/or Wetland Buffers. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section. Provisions for standard wetland buffers, buffer reductions through enhancement, and wetland buffer averaging require applicants to locate such additions in accordance with the following sequencing:

2. Outside of a wetland buffer reduced through enhancement per subsection (F)(3) of this section;

3. Outside of a wetland buffer reduced through buffer averaging per subsection (F)(4) of this section; or

4. Outside of the inner 25 percent of the standard wetland buffer width through the use of both buffer reduction and buffer averaging.

Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the above sequencing (i.e., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210.

I. Exemptions. The director may allow isolated Category 3 or 4 wetlands under 500 square feet in area to be exempt from the provisions of this title. A wetland exemption shall only be granted if a submitted critical areas report, in the form of a critical areas reconnaissance or delineation, provides evidence that all of the following conditions are met:

4. Filling of the wetland can maintain equivalent or greater habitat functions and values over existing site conditions. [Ord. 3527 § 2, 2004].

23.50.050 Mitigation requirements – Wetlands.

Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Wetland mitigation plans shall be consistent with the state Department of Ecology Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals, 1994, as revised.

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

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 avoid or reduce impacts.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing or eliminating the impact over time by preservation and maintenance operations.

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.

B. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when:

1. The lost wetland provides minimal functions as determined by a site-specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or

2. Out-of-kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types.

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

2. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative, introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed.

3. Enhancing Significantly Degraded Wetlands in Combination with Restoration or Creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio requirements.

D. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be in-kind and conducted on the site or in the vicinity of the alteration except when all of the following apply:

1. On-site opportunities do not have a high likelihood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity);

2. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and

3. Off-site locations for compensatory mitigation are consistent with city of Edmonds goals for jurisdiction-wide ecological restoration. Specific areas targeted for restoration efforts include:

This list is not comprehensive and may change as the city of Edmonds identifies areas suitable for restoration and capital improvement projects consistent with goals for jurisdiction-wide habitat retention and enhancement provided in the city's comprehensive plan.

E. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

1. Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is in-kind, is on-site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a state-certified wetland mitigation bank. When credits from a certified bank are used, replacement ratios should be consistent with the requirements of the bank's certification. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered:

2. Increased Replacement Ratio. The director may require increased compensatory mitigation ratios under the following circumstances:

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

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

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

1. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but may, at the discretion of the director, be used in conjunction with restoration and/or creation. Applicants proposing to enhance wetlands must produce a critical areas report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions.

2. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration under subsection F of this section. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland functions currently being provided in the wetland.

3. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from six-to-one to three-to-one and be limited to Class 3 and 4 wetlands.

1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:

b. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

c. The proposed use of credits is consistent with the terms and conditions of the bank's certification.

2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification.

3. In lieu of wetland mitigation bank credit, the director may provide credit for compensatory mitigation through applicant provision of funds to identified capital improvement projects for wetland restoration. The director retains discretion to establish a monetary value for applicant provision of funds which shall be, at a minimum, equal to the cost of designing, developing, implementing and monitoring in-kind compensatory mitigation on-site or in the project vicinity. Applicant provision of funds for compensatory mitigation shall only be approved if:

a. Such funding can be demonstrated to directly support wetland restoration efforts;

b. Funding can be demonstrated to provide compensatory wetland mitigation consistent with the provisions and ratios of this title;

c. A restoration area and plan have been identified and shall be implemented within three years of project development;

d. Restoration efforts are focused in those areas identified in subsection (D)(3) of this section and areas identified as suitable for restoration by the director; and

e. A suitable capital improvement project and plan for implementation is in place prior to receipt of an applicant proposal. [Ord. 3527 § 2, 2004].

23.50.060 Performance standards – Subdivisions.

The subdivision and short subdivision of land in wetlands and associated buffers 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 buildable contiguous portion of each new lot is located outside of the wetland and its buffer.

C. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only at the discretion of the director. [Ord. 3527 § 2, 2004].

Part V. City of Edmonds Wetland Field Data Form

23.50.070 Wetland field data form.

The city of Edmonds wetland field data form is available in the city of Edmonds development services department and on the city of Edmonds website. [Ord. 3527 § 2, 2004].