19.70.230 Specific wetland category development standards.
A. Category I Wetlands. Development activities and uses that result in alteration of Category I wetlands and their associated buffers are prohibited, unless the denial will prevent all reasonable economic use of the property. The development may be permitted through a critical area variance if it is determined to be the minimum impact possible and a reasonable use as prescribed in AMC 19.70.050, Reasonable use exception and critical area variance.
B. Category II, III and IV Wetlands. Development activities that result in alteration of Category II, III or IV wetlands may be permitted upon demonstration, through a critical area report meeting the requirements of this chapter, that:
1. Mitigation sequencing has been applied per AMC 19.70.125(A);
2. The proposed alteration will not degrade the quantitative and qualitative functioning of the wetland, or that any degradation can be adequately mitigated to protect or compensate for the wetland functions that are lost;
3. Small, Hydrologically Isolated Category IV Wetlands (Less than 1,000 Square Feet). The decision-maker may allow small, hydrologically isolated Category IV wetlands to be exempt from the requirement to avoid impacts (AMC 19.70.125(A)(1)), and allow alteration of such wetlands if all of the following conditions are met:
a. The remaining mitigation sequencing actions of AMC 19.70.125(A)(2) through 19.70.125(A)(6) are followed;
b. The wetland is less than 1,000 square feet in area;
c. The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices;
d. The wetland is a low-quality Category IV wetland with a habitat score of less than five points in the adopted rating system;
e. The wetland does not provide significant suitable breeding habitat for native amphibian species. Suitable breeding habitat may be indicated by adequate stable and seasonal inundation that is persistent from February to at least through April and presence of thin-stemmed emergent vegetation and/or clean water;
f. The wetland does not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife or species of local importance which are regulated as fish and wildlife habitat conservation areas in Part 3 FWHCA;
g. The wetland is not associated with shorelines of the state or their associated buffers;
h. The wetland is not associated with riparian areas or buffers;
i. The wetland is not part of a wetland mosaic; and
j. A mitigation plan to replace lost wetland functions and values is developed, approved, and implemented consistent with AMC 19.70.130, Mitigation plan requirements.
k. In order to verify that the wetland meets these exemption conditions, a critical area report for wetlands meeting the requirements in this chapter must be submitted;
4. Small, Hydrologically Isolated Category IV Wetlands (Less than 1,000 Square Feet). Wetlands less than 1,000 square feet that meet the criteria in subsection (B)(3) of this section and that do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter. In order to verify that the wetland meets this exemption, a critical area report for wetlands meeting the requirements in this chapter must be submitted. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)