A.

General. The purpose of the Island County Critical Areas Ordinance is to provide protective standards that will:

1.

Achieve better use of Island County's land resources;

2.

Implement the goals, policies, and requirements of the Island County Comprehensive Plan, and the Growth Management Act;

3.

Provide for the orderly planned use of Island County's land resources;

4.

Permit developments which will provide a desirable and stable economic environment consistent with the rural characteristics of Island County and protection of its critical areas and natural features;

5.

Permit flexibility that will encourage a more creative approach in the development of land, while ensuring the retention, protection and use of the County's open spaces, critical areas and natural ecosystems;

6.

Ensure that the unique, fragile, sensitive and scenic areas of Island County are protected and enhanced;

7.

Ensure that Island County's natural constraints are recognized and considered in planning decisions;

8.

Protect the public health, safety and general welfare of the residents of Island County;

9.

Provide a bonus to land owners who wish to protect and preserve certain identified lands;

10.

Preserve the integrity of water resources by ensuring a balanced program controlling stormwater runoff and ground water recharge;

11.

Prevent pollution of surface and subsurface water resources;

12.

Protect the habitat of flora and fauna recognized by Island County as deserving of protection;

13.

Preserve critical fish and wildlife habitat and encourage protection of wetlands which provide such habitat;

14.

Minimize the hazards incident to development on or adjacent to steep slopes or geologically hazardous areas;

15.

Protect the fundamental and inalienable right of the residents of Island County to a healthful environment and the reasonable use of their property;

16.

Provide a means for every resident of Island County to participate fairly and equitably in the land use decision making process and contribute to the preservation and enhancement of the environment;

17.

Encourage in-fill of undeveloped residential lands consistent with limits imposed by natural constraints; and

18.

Provide for regulatory review processes which are proportional in scale, time and cost, to scope and scale and costs of development actions proposed.

B.

Fish and wildlife habitat conservation areas. The purposes of the fish and wildlife habitat conservation areas regulations are to:

1.

Maintain fish and wildlife populations, especially populations of anadromous fish species, by protecting and conserving valuable fish and wildlife habitat and protecting the ecological processes that sustain these resources.

2.

Protect valuable terrestrial habitats, natural streams and their associated riparian areas, marine shorelines, and the ecosystem processes on which these areas depend.

3.

Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are avoided.

4.

Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat.

C.

Wetlands. The purpose of the wetlands regulations are to:

1.

Recognize and protect the beneficial functions performed by many wetlands, which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for fish and wildlife; recharging and discharging ground water; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and improving water quality through biofiltration, adsorption, and retention and transformation of sediments, nutrients, and toxicants;

2.

Regulate land use to avoid adverse effects on wetlands and maintain the functions and values of wetlands throughout Island County; and

3.

Establish review procedures for development proposals in and adjacent to wetlands.

a.

Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, HPA permits, Army Corps of Engineers Clean Water Act Section 404 permits, Ecology Section 401 and NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.

D.

Geologically hazardous areas. In conjunction with the provisions in chapters 11.02 and 11.03, the purpose of the geologically hazardous areas regulations are to:

1.

Minimize risks to public health, and safety, and reduce the risk of property damage by regulating development on or adjacent to geologically hazardous areas;

2.

Regulate land use so as to avoid the need for construction of flood control devices and allow for natural hydrologic processes;

3.

Protect aquatic habitats, wetlands, and fish and wildlife by avoiding or minimizing impacts that can result from landslides and erosion;

4.

Maintain natural geological processes while protecting existing and new development; and

5.

Establish review procedures for development proposals in geologically hazardous areas.

E.

Critical aquifer recharge areas. In conjunction with the provisions in chapters 8.09 and 11.01, the purpose of the critical aquifer recharge areas regulations are to:

1.

Preserve, protect, and conserve Island County's ground water resources for current and future generations by protecting critical aquifer recharge areas from contamination;

2.

Prevent adverse impacts on ground water quantity by regulating development activities that could deplete aquifer storage, reduce ground water levels, and/or diminish infiltration and replenishment of ground water;

3.

Prioritize the management, protection, and conservation of ground water recharge areas as sources of potable water supply; and

4.

Establish review procedures for development activities that have the potential to adversely affect critical aquifer recharge areas.

F.

Frequently flooded areas. In conjunction with the provisions of chapter 14.02A, the purpose of the frequently flooded areas regulations are to:

1.

Reduce the risk to life and safety, public facilities, and public and private property that result from floods;

2.

Avoid and minimize impacts to fish and wildlife habitats that occur within frequently flooded areas;

3.

Protect and maintain the beneficial ecological functions of frequently flooded areas, including providing the necessary flow regime to form and maintain a full range of functional and accessible salmonid habitats both within and outside of frequently flooded areas; and

4.

Establish review procedures that provide an integrated approach to managing floodplain development and maintaining the capacity of the floodplain or floodway to convey and store flood waters.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

This chapter shall be known as the Island County Critical Areas Ordinance and is hereby adopted under the authority of chapters 36.70, 36.70A, 39.34, 43.21C, 58.17, 76.09, 84.33, 84.34 and 90.58 RCW.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

A.

General. This chapter shall be consistently applied to development within geographical areas of unincorporated Island County that meet the definition and criteria for critical areas set forth in this chapter. No development shall occur without full compliance with this chapter. In addition to the provisions herein, the following Island County Code provisions shall also be used to regulate development occurring within critical areas or their buffers.

1.

Fish and wildlife habitat conservation areas as designated in this chapter.

2.

Wetlands as designated in: this chapter, the Island County Zoning Code, chapter 17.03; the health regulations governing the design and installation of on-site sewage systems, chapter 8.07D; the Land Development Standards Ordinance, chapter 11.01; the Clearing and Grading Ordinance, chapter 11.02; and the Storm Water and Surface Water Ordinance, chapter 11.03.

a.

Unless an owner or applicant voluntarily elects otherwise, development proposals that have been reviewed and approved under prior critical area regulations (December 31, 1984 for wetlands and October 1, 1998 for other critical areas) shall be governed by any conditions and restrictions established by the County for the approved development proposal.

3.

Geologically hazardous areas as defined in: this chapter, and chapters 11.02 and 11.03.

4.

Groundwater and critical aquifer recharge areas (CARAs) as designated in this chapter and the Potable Water Source and Supply regulations, chapter 8.09; and chapter 11.01.

5.

Frequently flooded areas as designated in this chapter and the Flood Damage Prevention Ordinance, chapter 14.02A; and the Island County SMP, chapter 17.05A.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

A.

Island County Code. All Island County Code requirements and planning policies shall apply in addition to this chapter. If a conflict exists between this chapter and another chapter or planning policy, the more restrictive shall apply.

B.

Relationship to Shoreline Master Program.

1.

All development occurring within the jurisdiction of the Island County Shoreline Master Program shall be regulated by the Island County Shoreline Master Program.

2.

All development occurring outside of the jurisdiction of the Island County Shoreline Master Program shall be regulated by this chapter, including those development activities which may be outside of shoreline jurisdiction, but impact critical areas within shoreline jurisdiction.

3.

The Island County Shoreline Master Program adopts by reference provisions from this chapter in chapter 17.05A.090.C14.

C.

Relationship to SEPA. Critical areas, and their associated buffers, have been identified by Island County as critical areas in which certain SEPA categorical exemptions do not apply pursuant to WAC 197-11-908. The specific categorical exemptions which are not applicable in critical areas are identified in chapter 16.14C.190.

D.

Relationship to Forest Practices Act.

1.

Forest practices regulated by, and conducted in full compliance with, Chapter 76.09 RCW and all applicable Washington State forest practices regulations shall not be subject to the requirements of this chapter when the forest practices are conducted under a non-conversion forest practice permit and no conversion option harvest plan as contemplated in section 11.02.270 has been submitted to the County, except as otherwise provided in paragraph 3. below.

2.

Except as otherwise provided by Chapter 76.09 RCW, timber harvests conducted without permits, approvals, or notices required by Chapter 76.09 RCW or other applicable forest practices regulations, shall be subject to the full requirements of this chapter.

3.

During the six (6) years following issuance of a non-conversion forest practice permit, conversions of all or part of a parcel to non-forestry use, as described in Chapter 76.09 RCW, shall cause the entire parcel to be subject to the full requirements of this chapter.

E.

Relationship to other federal, state, tribal and local jurisdictional agencies' regulations. All applicable state, federal, tribal, and regional regulations apply to development conducted within critical areas. County codes do not eliminate other agency regulatory requirements.

F.

Overlapping jurisdiction. In cases where other agencies possess jurisdiction over critical areas and it is determined by the Island County Planning Director that permit conditions of those agencies satisfy the requirements of this chapter, those agency conditions may substitute or supplement Island County permit conditions for the requirements of this chapter.

1.

Such agencies may include, but are not limited to, the United States Army Corps of Engineers, Environmental Protection Agency, National Oceanic and Atmospheric Administration, and United States Fish and Wildlife Service; local tribes, and the Washington State Department of Ecology, Department of Natural Resources and Department of Fish and Wildlife.

2.

Such substitute or supplemental conditions may be attached to any permit or approval issued by the County which authorizes development in a critical area or critical area buffer, as determined by the Planning Director, and in that event, be enforceable by the County.

3.

The County shall notify the applicant in writing when any such substitution or supplement is made.

4.

Any such supplemental conditions may be added to any permit or approval issued by the County which authorizes development in a critical area or critical area buffer by reference.

G.

Conflicts. In the event provisions of this chapter conflict with provisions of applicable federal, tribal, state, County or other applicable regulations, the provision that is most protective of critical areas shall prevail.

H.

Assessment. The assessor's office shall consider the protection and buffering requirements of this chapter in determining the fair market value of land.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-55-18 [PLG-002-18], Exh. A, 5-8-2018)

A.

Interpretation. The Island County Planning Director shall have the authority to issue interpretations in order to clarify ambiguities and effectively administer this chapter. Interpretations shall be processed consistent with the standards, requirements and criteria identified in section 17.03.190. In all cases this chapter shall be interpreted and applied in a manner which best implements those elements, goals, and planning policies of the Island County Comprehensive Plan pertaining to critical areas as well as all applicable Growth Management Act goals, policies, and requirements.

B.

Conflicts. If any provision of this chapter conflicts with a provision of another chapter of Island County Code, or the Island County Comprehensive Plan, the more restrictive or protective provision shall apply.

C.

Words and terms. Whenever the words and terms set forth in this section appear in this chapter, they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "shall" is always mandatory and the words "may" and "should" indicate a use of discretion in making a decision. Except where specifically defined in this chapter or in other titles or chapters of the Island County Code, all words used in this chapter shall carry their customary meanings.

D.

General definitions. If a given term is not defined in section 17.02B.060, a definition from the most applicable Island County Code chapter shall apply.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— This chapter, as originally adopted, included a statement that capitalized words and phrases used to identify terms defined in this or other chapters. Because the capitalization convention was applied inconsistently throughout the Island County Code, and to be consistent with the conventions used by other state and local codes, defined terms are no longer capitalized in this Code. This change was authorized on February 26, 2015, pursuant to section 1.04.030.

Accessory Use. See definition section 17.03.040.

Adaptive management means a systematic process for continually improving management policies, regulations and practices by learning from the outcomes of previous policies, regulations and practices.

Adequate building site means an area large enough to accommodate a reasonably sized home, driveway, utilities, septic system, and, if necessary, a well.

Agricultural activities, existing and on-going means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock. These activities include the operation and normal maintenance of legally existing farm and stock ponds or drainage ditches, operation and normal maintenance of legally existing unregulated streams, changes between agricultural activities, and normal maintenance, repair, or operation of legally existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an on-going operation. Forest practices and maintenance of legally existing vegetation, landscaping and gardens are not included in this definition. This definition is limited to legally existing uses and activities.

Agriculture or agricultural activities. See section 17.030.040.

Alteration of a wetland, a deepwater habitat, or a fish and wildlife habitat conservation area means in any wetland, deepwater habitat, or a fish and wildlife habitat conservation area or required buffer; the placement, erection or expansion of any solid material or structure; the discharge or disposal of any dredged material or waste, including filling, grading, channelization, removing, dredging, draining, mining or extraction of any materials; the removal or harvesting of trees or other vegetation; the modification for use as a storm water retention/detention facility; or the alteration of the width of the buffer through buffer averaging.

Anadromous fish means fish species that spend most of their lifecycle in salt water, but return to freshwater to reproduce.

Anadromous fish stream means a regulated stream that has been determined by the County to contain anadromous fish. Maxwelton, Glendale, and Kristoferson Creeks have been designated anadromous fish streams.

Anadromous fish stream wetland means a wetland that has a wetland outlet that connects the wetland directly to an anadromous fish stream or is within 500 feet of an anadromous fish stream in an uphill direction and within the same watershed.

Animal unit. One (1) animal unit equals 1,000 pounds of livestock, according to Natural Resources Conservation Service nutrient management conservation standards for livestock species.

Areas with a critical recharging effect on aquifers used for potable water or aquifer recharge areas. See definition of Critical Aquifer Recharge Area.

Baseline monitoring means surface water quality sampling and other monitoring activities (such as vegetation surveys, etc.) designed to establish local trends and seasonal patterns necessary for the interpretation of County-wide data.

Best available science means scientific information such as research, inventory, monitoring, surveys, modeling, synthesis, expert opinion, or assessment that is used to designate, protect, or restore critical areas. As defined by WAC 365-195-900 through 365-195-925, best available science is derived from a process that includes peer-reviewed literature, standard methods, logical conclusions, and reasonable inferences, quantitative analysis, and documented references to produce reliable information.

Best management practices (BMPs) means conservation practices, systems of practices and management, and mitigation measures intended to control soil loss, reduce water quality degradation, minimize adverse impacts to surface water and ground water flows, and minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. Island County Public Works maintains a BMPs manual which describes suitable and appropriate BMPs (Island County Best Management Practices Field Manual for Small Construction Sites). When best management practices are required by this chapter, or by a condition attached to a permit issued pursuant to the requirements of this chapter, the BMPs described in this manual shall be used, except that when BMPs are required for an activity related to a legally established existing and on-going agricultural activity, appropriate NRCS (natural resources conservation service) guidelines may also be used.

Bog means a relatively undisturbed wetland: with at least seventy (70) percent ground cover of mosses; or with water with a pH of less than 5.0; or with more than thirty (30) percent cover of Sitka Spruce, Western Red Cedar, Western Hemlock or Lodgepole Pine; and a preponderance of plants that are listed as bog species in Table 4 of the Washington State Wetland Rating System for Western Washington 2014 Update prepared by the Washington State Department of Ecology; and having peat or muck soils at least sixteen (16) inches deep. Many bogs are fed largely by precipitation. County maps identify the location of some but not all bogs. See also "Relict bog."

Buffer means the area contiguous with a critical area that maintains the functions and/or structural stability of the critical area. Critical area buffers shall be maintained in a natural state and no development shall occur in a buffer unless explicitly authorized by Island County Code.

Chapter means Island County Code chapter 17.02B.

Cleared area means, for the purposes of regulating wetlands, the surface area on a lot that is or will be cleared or otherwise altered by a development proposal. All areas that have been or are proposed to be altered are considered cleared area including building site(s), drain field, well site, lawns, landscaping, driveways and access roads. See "Land use intensity."

Clearing means cutting, killing, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point.

Coal mine hazard areas means areas in proximity to abandoned coal mines and associated underground mine workings. No coal mine hazard areas were found in Island County and therefore there is no risk from this hazard.

Coastal lagoon wetland means a shallow water body adjacent to marine waters that is partly or completely separated from Puget Sound by a barrier beach. A coastal lagoon receives periodic influxes of salt water which may occur from storm surges or flow through porous beach sediments. The water in a coastal lagoon is saline or brackish (>0.5 ppt measured near the bottom) during most of the year. The general locations of coastal lagoons have been mapped by the County and are subject to the provisions of chapter 90.58 RCW (Shoreline Management Act), and chapter 17.05A.

Compensatory mitigation means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Compliance assessment means a property or area-specific evaluation of compliance with adopted critical area requirements. Compliance assessment will routinely be initiated if a worsening water quality trend is identified and will typically precede source identification.

Conditional use. See definition section 17.03.040.

Contingency plan means a plan that establishes actions that will be taken should monitoring identify that restoration or mitigation is not successfully achieving the established benchmarks and standards within the established time periods.

Contributing area means the land and/or water area uphill from a wetland that drains into that wetland. Contributing area is used to determine the sensitivity of a wetland to adverse water quality impacts and the size of the water quality buffer needed to protect wetland functions.

County means Island County, Washington.

Critical aquifer recharge area (CARA) means areas with a critical recharging effect on aquifers used for potable water including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water or is susceptible to reduced recharge.

Critical area permit means a permit issued pursuant to the requirements of this chapter. Critical area permits include: exemption authorizations, permitted alteration permits, and critical area variances.

Critical areas means wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas.

Deepwater habitats or ponds means any open freshwater area that has a mean annual water depth greater than 6.6 feet, lacks soil, and/or is either unvegetated or supports only floating or submersed macrophytes, and is not a lake as defined in the Island County Shoreline Master Program or this chapter. Many such areas were in part or in whole, artificially constructed within wetlands prior to 1998; these are subject to regulation under the provisions of this chapter. Rarely, some such areas were wholly constructed in upland soils (non-hydric) and would not be regulated as either wetlands or as fish and wildlife habitat areas.

Delta estuary means an area of alluvial deposits from the Skagit or Stillaguamish Rivers where the surrounding marine water is measurably diluted by fresh water from these rivers. The general location of the delta estuary has been mapped by the County and is subject to the provisions of chapter 90.58 RCW (Shoreline Management Act), and chapter 17.05A.

Delta estuary wetland means an estuarine wetland located directly adjacent to or within a delta estuary.

Department means the Island County Department of Planning and Community Development.

Development means any activity that results in a use or modification of land or its resources. Development activities include, but are not limited to: dredging, drilling, dumping, filling, earth movement, grading, clearing or removal of vegetation; storage of materials or equipment; building or construction; land division, boundary line adjustments, lot segregations, subdivision and short subdivisions; binding site plans; site plan approvals; planned residential developments (PRDs); variances; shoreline development or substantial development; activity conditionally allowed; and septic approval.

Development proposal means any activity that requires authorization from Island County for a lot that contains or is affected by a critical area or critical area buffer. Development proposals include subdivisions, short subdivisions, planned residential developments, conditional use permits, site plan approvals, boundary line adjustments, septic permits, and clearing/grading permits.

Dike means a manmade embankment or revetment normally set back from the river bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land.

Diking means a system of levees or banks, usually constructed of earth to control or confine water and create a protection against tidal or floodwaters. Where coastal dikes are located within shoreline jurisdiction, they are regulated in the Shoreline Master Program.

Diking and drainage system means any lawfully constructed combination of dike, levee, and drainage which actually does or is designed to prevent inundation and facilitate drainage of land upland of the ordinary high water mark.

Drainage ditch means an unregulated stream constructed to drain surface or ground water. Ditches are graded (manmade) channels installed to collect and convey runoff from fields and roadways, except those that directly result from the modification of a natural stream. Ditches that support salmonids are considered to be regulated streams.

Enhancement means an action or actions that overall heighten, intensify, or improve some of the processes, structure and/or functions of a wetland. See "Mitigation."

Erosion hazard areas means areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones.

Estuarine wetlands means tidal wetlands containing emergent vegetation that are usually semi-enclosed by land but have open or partly obstructed access to Puget Sound. All estuarine wetlands are subject to the provisions of chapter 90.58 RCW (Shoreline Management Act) and chapter 17.05A.

Exceedance means a measured increase in a monitoring parameter above an adopted water quality standard that will trigger a responsive action.

Exempt activity means a development or development activity which either meets the precise terms of one (1) of the exempt activities identified in this chapter, or which is determined by the Planning Director to be an exempt activity pursuant to the procedures and requirements identified in section 17.02B.300.

Exemption authorization means a Type I decision issued by the Planning Director in those instances where a proposed development does not meet the precise terms of the exempt activities identified in this chapter but is otherwise consistent with the standard exemption environmental protection criteria and threshold criteria identified in section 17.02B.300. An exemption authorization may also be voluntarily requested by an applicant in order to document that a proposed development is an exempt activity, even if the proposed development is specifically listed as being an exempt activity.

Existing. See definition in section 17.03.040.

Farm management plan, custom means a custom plan that is site-specific and is developed for a specific property owner/operator. A custom plan provides a farm management system that implements Natural Resources Conservation Service Best Management Practices. Conservation districts as well as Island County, consultants, property owners and, with the consent of an owner, lessees are all eligible to prepare farm plans if the preparer is certified by Natural Resources Conservation Service and the document is determined by the County to meet Natural Resources Conservation Service standards.

Farm management plan, standard means a standard plan that implements NRCS BMPs for low intensity agriculture. A standard plan is prepared and adopted by the County. There are two (2) types of standard plans. The first type applies BMPs to protect critical areas and is used, on a County-wide basis, by low intensity agriculture. The second type applies BMPs to protect critical areas for low intensity agriculture located in the following drainage basins with salmon bearing streams or potential salmon bearing streams: Maxwelton, Glendale, Onamac, and Triangle Drainage Basins.

Farmed wet meadows shall mean those wetlands whose vegetative cover has been sufficiently modified in the past as a result of grazing, seeding, cutting for hay, or other agricultural practices, such that they are dominated by a pasture species (such as blue grass, orchard grass, fescue, clovers, reed canary grass, etc.) and invasive wetland species indicative of continuous disturbance. They often are saturated or have standing water during the wet season and part of the growing season but are often dry during the summer months.

Fish and wildlife habitat conservation areas (FWHCA) means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. In Island County, FWHCA also include locally important and designated habitats and species (WAC 365-190-030(6)).

Flood, flooding, or floodway. See definition in chapter 14.02A.

Frequently flooded areas means all areas of special flood hazard as mapped within the County, and other areas that could be threatened by flooding or areas subject to flooding due to high groundwater. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. Frequently flooded areas under shoreline jurisdiction are subject to the provisions of chapter 90.58 RCW (Shoreline Management Act) and chapter 17.05A.

Geologically hazardous area means areas that because of their susceptibility to erosion, sliding, or other geologic events, are generally not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. Areas susceptible to one (1) or more of the following types of hazards shall be classified as a geologically hazardous area: erosion hazard; landslide hazard; and seismic hazard.

Grading means any excavating or filling or combination thereof or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation.

Growing season means the time of year where natural conditions permit the growth of vegetation. Growing season dates are determined through onsite observations of biological activity indicators in a given year (such as growth and development of vegetation and soil temperature). Typically, the growing season in Island County begins in mid to late February and ends by October 31.

Habitat means the physical location or type of environment in which a species lives or occurs.

Habitat management plan (HMP) means a site-specific plan set for either wetlands or fish and wildlife habitat conservation areas. For wetlands, a site-specific plan for maintaining, re-establishing, rehabilitating, enhancing, creating or preserving habitat for a wetland dependent species. For fish and wildlife habitat conservation areas, specific requirements for a habitat management plan are set forth in section 17.02B.430.

Habitat of local importance means an area designated by the County pursuant to chapter 36.70A RCW. Once designated a habitat of local importance, the area becomes a critical area. The procedure and criteria for such designations are set forth in section 17.02B.220 and the areas that have been designated are listed in section 17.02B.230.

Habitat rating system means the procedure for assigning a habitat score to a wetland, as defined by the Washington State Wetland Rating System for Western Washington - Revised (Hruby, 2014) or a comparable procedure established by the County.

Hazard tree means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury.

Herbaceous balds means variable-sized patches of grass and forb vegetation located on shallow soils over bedrock that commonly is fringed by forest or woodland, and often found on steep slopes. Dominant flora includes herbaceous vegetation, dwarf shrubs, mosses, and lichens. Rock outcrops, boulders, and scattered trees are often present, especially Douglas-fir, Pacific madrone, and Oregon white oak. Balds typically are smaller than twelve (12) acres though may be larger.

High intensity agriculture shall mean existing and on-going agriculture including dairies, animal feeding operations and concentrated animal feeding operations as those terms are used in federal and state regulations, and livestock operations with an animal unit density greater than three (3) per acre.

Highly erodible soils means soils that show extensive ongoing erosion as a result of land uses, or that have a "severe" or "very severe" susceptibility to erosion from water according to the Natural Resources Conservation Service. Maps showing the location of these soils are available from the Natural Resources Conservation Service and the County. Location may also be established through a field survey by a qualified soil scientist. These include the following mapped soil series:

Alderwood fine sandy loam (Ab)

Alderwood fine sandy loam (Ac)

Alderwood gravelly sandy loam (Af)

Bow loam (Bc)

Bozarth fine sandy loam (Be)

Carbondale muck (Ca)

Casey fine sandy loam (Cc, Cd)

Casey loam (Cf, Cg)

Coveland loam (Cn, Co)

Everett gravelly sandy loam (Ee)

Greenwood peat (Ga)

Hovde sand (Ha)

Hoypus coarse sandy loam (Hd)

Hoypus gravelly loamy sand (Hg)

Indianola loamy sand (Ib, Ic)

Keystone loamy sand (Kd, Ke)

Mukilteo peat (Mb, Mc)

Pondilla fine sand (Pa)

Rifle peat (Ra, Rb)

Semiahoo muck (Sc, Sd)

Swantown loam (Sm)

Tanwax peat (Tb)

Townsend sandy loam (Tf)

Townsend sandy loam (Tg)

Hydrophytic vegetation means plant life growing in water or in a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

Invasive plant species means a non-native plant species that can displace native plant species if allowed to proliferate. See "Non-native plant species."

Lake means a body of water surrounded by land. Lakes that are twenty (20) acres or greater in size are subject to the provisions of chapter 90.58 RCW (Shoreline Management Act), and chapter 17.05A. These include Goss Lake, Lone Lake, Crockett Lake, Deer Lake, Kristoferson Lake, Cranberry Lake, and unnamed lakes located in: Section 24, Township 29 N, Range 2 E; Section 6, Township 31 N, Range 1 E; and Section 18, Township 33 N, Range 2 E.

Land division. For the purposes of this chapter, land division means the segregation of a parcel of land into smaller parcels or lots, including land divisions, short subdivisions, long subdivisions, lot segregations, or boundary line adjustments, all defined in section 16.06.040.

Land use intensity means a determination by the Planning Director for every development proposal regulated by this chapter. Intensity shall be based on the type, character, density and location of the proposed use or structure, cleared area and impervious surfaces (use, structure and impervious surface are defined in chapter 17.03) proposed by the development proposal and potential adverse impact that may be caused by the development proposal. Land use intensity is used to determine the size of a wetland buffer.

Landslide hazard area. See definition in section 11.02.030.

Large ponded wetland means a non-estuarine wetland with visible evidence of at least five (5) acres of standing surface water in any part of the wetland during most of the growing season for an average rainfall year. Most, but not all, large ponded wetlands have been mapped by the County.

Liquefaction means the temporary transformation of stable saturated loose granular soil deposits into fluid-like state similar to quicksand usually caused by the shaking of earthquake. The soils dramatically lose strength once liquefaction occurs.

Livestock means domestic animals, fish, and fowl all types customarily raised or kept on farms for profit or other purposes, but not including household pets such as dogs, cats, birds, etc.

Lot. See definition in section 17.03.040.

Low impact development means a site design and/or structures that incorporate specific measures to reduce and compensate for adverse water quality or quantity impacts to critical areas or critical area buffers. Land use intensity may be reduced by incorporating low impact development techniques into a development proposal. See "Land use intensity." Low impact development techniques include measures that reduce the quantity and improve the quality of storm water runoff. Specific suggested techniques are described in more detail in the Rural Stewardship Guide.

Low intensity agriculture means existing and on-going agriculture, including livestock management with an animal unit density of less than one (1) per acre; or seasonal hay mowing and related activities; and horticulture involving one (1) acre or less of cultivated land. For livestock, the amount of acreage shall be determined by the amount of grazed or mowed acreage where manure or compost made from manure is applied.

Macrophyte means any plant species that can be readily observed without the aid of optical magnification.

Maintenance or repair means usual acts to prevent a decline, lapse, or cessation from a lawfully established condition or restores a development to a state comparable to its original condition, including but not limited to maintaining the same size, shape, configuration, location and appearance, provided such restoration is commenced within a reasonable period of time. Replacement of a structure is not considered normal maintenance or repair, except where specifically authorized by this chapter or section 17.03.230. With respect to structures, repairs that exceed fifty (50) percent of the value of the structure over any three-year period shall constitute replacement and shall not be considered maintenance or repair.

Mature forested wetland means a wetland one (1) acre or larger in size in which the tree canopy within the vegetated part of the wetland is comprised predominantly of trees having diameters eighteen (18) inches or larger measured at 4.5 feet above ground level or the oldest trees are eighty (80) to 200 years old; crown cover may be less than 100 percent; and, decay, decadence, number of snags and quantity of downed material is generally less than found in old-growth forests. County maps will be regularly updated to identify mature forested wetlands as they are located through review of development proposals.

Medium intensity agriculture shall mean existing and on-going agriculture including livestock operations with an animal unit density of one (1) but not greater than three (3) per acre and all horticultural operations larger than one (1) acre of cultivated land.

Mitigation means avoiding, minimizing, or compensating for adverse critical areas impacts.

Mitigation bank means a site where wetlands are re-established, rehabilitated, enhanced, preserved or created expressly for the purpose of providing mitigation in advance of any specific development proposal. Mitigation banks must qualify and be certified under chapter 173-700 WAC before they can be established and used in Island County.

Mitigation plan means a detailed plan that describes and explains actions that are needed to compensate for alterations to a critical area or critical area buffer. A mitigation plan will usually include a plan for management of the critical area as well as a monitoring and contingency plan. A mitigation plan is prepared when a wetland or fish and wildlife conservation area is proposed to be altered.

Mitigation, off-site means mitigation that is located on another parcel or site from the critical area or critical area buffer impacts being mitigated.

Mitigation, on-site means mitigation that is located on the same parcel or site as the critical area or critical area buffer impacts being mitigated.

Monitoring means the repetitive measurement of some aspect of a natural resource and/or human activity using ecological indicators as the basis for identifying changes to that resource.

Mosaic wetland means a group of two (2) or more wetlands, each less than one (1) acre in size; located, on average, less than 100 feet apart; and at least fifty (50) percent of the surface area of wetland and upland, taken together, is comprised of wetlands. The group of wetlands, including the upland area between the wetlands, will be regulated as a single wetland.

Native plant wetland means a wetland with visible evidence that at least a majority of its vegetated surface area is covered by native species at some time of the year. County maps identify some but not all native plant wetlands.

Native species means plants and animals which are indigenous to Island County. Plant species are defined in Flora of the Pacific Northwest: An Illustrated Manual (C. Leo Hitchcock and Arthur Cronquist, University of Washington Press, 2 ^nd ed., 2018).

Necessary appurtenances means those improvements which are minimally necessary to establish a single family home. Such improvements shall include a septic system, well, driveway, and utility connections.

Non-native plant species means plant species which have been introduced into Island County. For plants, non-native species are defined in Flora of the Pacific Northwest: An Illustrated Manual (C. Leo Hitchcock and Arthur Cronquist, University of Washington Press 2 ^nd ed., 2018).

Non-residential. See definition in section 17.03.040.

Permitted alteration permit means a Type II decision issued by the Planning Director for those development activities identified in section 17.02B.310 as being permitted alterations.

Permitted Use. See definition in section 17.03.040.

Perturbation means deviation of an ecological system or process from its regular or normal state of path, caused by an outside influence.

Planning Director. See definition in section 17.03.040.

Planning policies means policies contained in the Island County Comprehensive Plan.

Practical means, as used herein: appropriate; useful; sensible; or likely to be effective.

Primary association means use of an area by a protected species for rearing young, roosting, breeding, or foraging on a regular basis during the appropriate season, as well as habitats that are used less frequently or regularly but which provide for essential life cycle functions. Areas of primary association for listed salmonids shall include all aquatic environments in which they reside, as well as riparian environments necessary to support the formation and function of the aquatic environment. Areas of primary association for protected flora and fungi include both the immediate area where the species occurs and the contiguous habitat necessary for its long term persistence.

Priority habitat means a habitat type or elements with unique or significant value to one (1) or more fish and wildlife species as classified by the Washington Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species (such as eelgrass meadows or oak woodlands), a described successional stage (such as old growth and mature forests), or a specific structural element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags). A priority habitat may contain priority and/or non-priority fish and wildlife species.

Priority species means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence as genetically viable population levels as classified by the Washington Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate, and monitor species, and those of recreational, commercial, or tribal importance.

Protected species means fish and wildlife species and their associated habitat that are regulated as FWHCA in this chapter.

Qualified professional means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have a degree in wildlife biology, ecology, fisheries, or a closely related field and a minimum of two (2) years of professional experience related to the subject species/habitat type. A qualified professional shall be selected by the Planning Director, or approved by the Planning Director if selected by the applicant. A wetland professional is a qualified professional with expertise in wetlands.

Reasonable means, as used herein: rational; logical; realistic; in accordance with common sense; or not expecting more than is possible or achievable.

Reasonable use means the logical or rational use of a specific parcel of land which a person can be expected to conduct or maintain fairly and appropriately under the specific circumstances, considering the size of the lot, the type of use or structure proposed and similar uses and structures in the general vicinity of the lot, that are permitted uses consistent with and conforming to current regulations.

Regulated activities means all development occurring within designated critical areas and their buffers that is not either listed as an exempt activity in section 17.02B.300 or been determined to be an exempt activity by the Planning Director in accordance with section 17.02B.300.

Remodel means to renew, renovate or make over a part of an existing building for the purpose of its appearance or layout. Remodel may include repair or relocation of interior walls but does not include repair, replacement or relocation of any of the exterior floors, walls or roof.

Residential. See definition in section 17.03.040.

Restoration means an action or actions to repair, revitalize or otherwise return to their previous functioning condition critical areas or critical area buffers. Restoration requirements for unauthorized alterations are found in section 17.03.260.I.

Rural stewardship plan means a detailed site plan prepared voluntarily by or for an owner that establishes the location for authorized permitted uses, the location and classification of critical areas and critical area buffers, and best management practices for the long term use of the property. A rural stewardship plan is a voluntary option available to all owners of lots one (1) acre or larger in size.

Seismic hazard areas means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, debris flows, lahars, soil liquefaction, or tsunamis.

Serviceable means infrastructure that is currently usable and durable enough to perform its intended function according to Island County or other responsible agency design and construction standards.

Shoreline jurisdiction means any area subject to the jurisdiction of the Island County Shoreline Master Program (SMP) in chapter 17.05A and the Washington State Shoreline Management Act (SMA).

Single family dwelling. See definition in section 17.03.040.

Slope gradient means the average slope, expressed as a percent, found within a contributing area measured from wetland edge to the nearest part of the development proposal. LiDAR imagery available from the Department may be used in this determination.

Small contributing area means a contributing area for a wetland that is less than ten (10) times the surface area of the wetland. A wetland with a small contributing area will require a larger wetland buffer because it is likely to be more sensitive to changes in water quality.

Small ponded wetland means a non-estuarine wetland with visible evidence of water forming a contiguous surface area of at least one (1) acre in any part of the wetland during most of the growing season for an average rainfall year. See "Large ponded wetland."

Source identification means sampling that is specific to an identified watershed or portion of a watershed intended to determine the source of an exceedance in water quality standards or thresholds or the source of any other impairment of a wetland.

Species of local importance means plants or animals designated by the County pursuant to chapter 36.70A RCW. The procedure and criteria for such designations are set forth in section 17.02B.220 and the designated species of local importance are listed in section 17.02B.230.

Steep slopes. See definition in section 11.02.030.

Stream, regulated means the following features are defined as streams and are regulated as critical areas under the provisions of this chapter:

1.

Natural stream channels means those areas where naturally occurring surface waters produce a defined channel, bed, bank or side, and where there is clear evidence of the passage of water such as bedrock channels, gravel beds, sand and silt beds and defined channel swales. The channel or bed need not contain water year-round.

2.

Modified stream channels means those natural stream channels with or without headwaters that follow and/or replace historic natural watercourses that have been significantly channelized, relocated, and/or constrained. Modified stream channels include segments of a stream that have been legally modified, and are in compliance with all necessary permits in effect at the time of its approval.

3.

Artificial stream channels means artificial channels either used by salmonids of any life stage, or that directly convey water from or through an existing regulated wetland.

4.

Artificially created channels that serve to connect other streams are regulated as streams. This definition excludes those areas which have no defined channel, bed, bank or side; see "Wetlands" definition in chapter 17.02B.

Stream, unregulated means ditches and other water conveyance systems which are artificially constructed and actively maintained for irrigation and/or drainage and which are not otherwise classified as a regulated stream.

Structure. See definition in section 17.03.040.

Tsunami hazard areas means coastal areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of wave action generated by seismic events.

Use. See definition in section 17.03.040.

Variance, critical areas means a Type III decision issued by the hearing examiner, upon a recommendation from the Planning Director, authorizing a deviation from the dimensional or performance standards of this chapter.

Volcanic hazard areas means areas subject to lava flows, pyroclastic surges, mud flows, lahars, debris flows, debris avalanche, ash clouds, ash fall, lateral blast, ballistic debris, or flooding as a result of volcanic activity. No volcanic hazard areas were found in Island County and therefore there is no risk from this hazard.

Water quality standards means a specific numeric measure established for a monitoring parameter that, if exceeded, will require immediate action by the County to identify the source of the contamination. Water quality standards are established by chapter 173-201A WAC.

Water quality thresholds means a specific numeric measure established for a monitoring parameter set at a more stringent level than a standard that, if exceeded, will typically require some change in the monitoring program but not require immediate action.

Water quality trend means a detectable change over time for a monitoring parameter after baseline monitoring is completed. A trend can serve as early warning that an exceedance may occur in the future.

Watershed means the land and water area that drains to a particular stream, estuary, or other water body. A watershed is also referred to as a basin or sub-basin. The Department has mapped all watersheds of Island County.

Westside Prairie means herbaceous, non-forested (< sixty (60) percent forest canopy cover) plant communities that can either take the form of a dry prairie or a wet prairie. Typical plants include grasses, sedges, and forbs. Mosses, lichens, and bare ground may also be found in the spaces between grass and forb cover. Three (3) of the diagnostic grasses, sedges, or forbs found in the "Priority Habitats and Species List" prepared by WDFW, last updated February 2021, are required to identify dry prairie habitat.

Wetland means areas 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 wetland 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 non-wetland 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 unintentionally created as a result of the construction of a road, street, or highway. Wetlands include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

Wetland category means wetlands in Island County that have been grouped or classified into one (1) of five (5) wetland categories, A through E.

Wetland dependent species means a plant or animal species that requires a wetland for some part of its life cycle and whose population in the County would decline if a particular wetland type is unavailable; or, the species occurs disproportionately in wetlands compared to other habitats.

Wetland edge means the boundary of a wetland as delineated using the technical resource guide specified in WAC 173-22-035.

Wetland functions means the beneficial roles served by wetlands in Island County are primarily water quality protection and enhancement including groundwater recharge and discharge and habitat for wetland dependent species. These beneficial roles are not listed in order of priority.

Wetland identification guide means a document prepared by the County. The guide contains a field indicator's worksheet, a land use intensity worksheet, and a wetland buffer worksheet.

Wetland maps means site-specific maps prepared and maintained by the Department that depict the general location and type of wetlands.

Wetland outlet means the location or locations where there is visible evidence of the discharge of surface water from a wetland at any season of the year. The size of the buffer needed to protect a wetland is based in part on whether the wetland has a wetland outlet. A wetland with no wetland outlet will require a larger wetland buffer because it is more sensitive to changes in water quality. When the presence of an outlet is unclear or uncertain, the wetland will be presumed to not have an outlet.

Wetland professional means a person with both professional education typically a B.S. or higher degree in biology, environmental studies or related field, as well as training and experience in wetland technical issues such as experience performing wetland classification and delineations, assessing wetland functions, analyzing impacts to wetlands, and designing mitigation. A wetland professional should be a certified professional wetland scientist or have a minimum of two (2) years of experience in wetland technical issues.

Wetland report means a study prepared by a wetland professional.

Wetland type means a determination made by the County or a wetland professional that is based upon the natural characteristics of a wetland.

Wetland vegetation means plant species characteristically adapted for prolonged saturation and anoxic soil conditions and listed by the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, or the Washington State Department of Ecology as wetland indicator plants.

Wetland/deep water boundary means the boundary between a wetland and deep water habitat lies at a depth of two (2) meters (6.6 feet) below low water; however, if emergent trees or shrubs grow beyond this depth at any time, their deep water edge is the boundary.

Wetlands associated with a bog, coastal lagoon, or delta estuary means a wetland that has a wetland outlet that connects the wetland directly to a bog, coastal lagoon, or delta estuary, or is within 500 feet of a bog, coastal lagoon, or delta estuary in an uphill direction and within the same contributing area. Wetlands associated with a coastal lagoon or delta estuary are also subject to the provisions of chapter 90.58 RCW Shoreline Management Act and chapter 17.05A.

White Oak Woodlands means stands of oak or oak/conifer where canopy coverage of the oak component of the stand is twenty-five (25) percent, or where total canopy coverage of the stand is < twenty-five (25) percent, but oak accounts for at least fifty (50) percent of the canopy coverage. Priority oak habitat consists of stands > one (1) acre in size. Stands < one (1) acre may also be considered a priority when found to be valuable to fish and wildlife based on a biological site assessment.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-44-16[PLG-003-16], Exh. A, 5-3-2016; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-21 [PLG-005-21], Exh. A, 8-17-2021)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.060 from "Definitions—Fish and wildlife habitat conservation areas" to read as herein set out.

A.

Regulated activities. All development shall be subject to the requirements of this chapter. An exemption from having to obtain a permit is not an exemption from compliance with this chapter or other applicable regulatory requirements.

B.

Exempt activities. No critical areas permit is required for development which meets the precise terms of the exempt activities listed in section 17.02B.300. For development proposals which do not meet the precise terms of a listed exempt activity, the Planning Director shall, through a Type I process, determine whether or not a development should be classified as an exempt activity.

C.

Permitted alterations. Prior to commencing any development listed as a permitted alteration under section 17.02B.310, a permitted alteration permit must be obtained. Permitted alteration permits shall be processed using a Type II process pursuant to chapter 16.19.

D.

Variances. Requests for relief from the dimensional or performance standards of this chapter shall require a critical areas variance. Requests for a critical areas variance shall be processed using a Type III process pursuant to chapter 16.19.

E.

Finding of conformance required. Conformance with these critical area regulations shall be a finding in the approval of any permit issued by Island County which authorizes development in a critical area or critical area buffer.

F.

Conditions of approval. The Planning Director shall apply conditions to any permit or approval which authorizes development in a critical area or critical area buffer and may prescribe such conditions and safeguards, including timelines and procedural requirements, necessary to implement any substantive conditions attached to a permit or approval as necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter. In those instances where development is proposed in a critical area or critical area buffer and no critical area permit is required, such conditions, timelines, and procedural requirements may be attached to any other related permits or approvals (such as a building permit or septic approval).

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.070 from "Permit required" to read as herein set out.

A.

Developments permitted pursuant to this chapter that adversely impact or alter a critical area or its buffer shall include mitigation sufficient to maintain or replace critical areas functions and values or to minimize risks associated with geologic hazards. Mitigation shall ensure no loss of critical area functions or values. Any proposed development that cannot mitigate critical area impacts as determined by the Planning Director shall be denied.

B.

When an impact to a critical area or critical area buffer is proposed, the applicant shall demonstrate that all reasonable efforts have been taken to mitigate impacts in the following prioritized order (consistent with WAC 197-11-768):

1.

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

2.

Minimizing impacts by limiting the degree 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 during the life of the action.

5.

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

6.

Monitoring the impact and taking appropriate corrective measures.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

The application of this chapter to existing uses shall be consistent with section 17.03.230, Existing uses.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014)

See chapter 16.19, Land Use Review Process.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014)

Any violation of this chapter shall be enforced by the Planning Director and shall be subject to the penalties and enforcement provisions of chapter 17.03.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014)

If any provision or provisions of this chapter or its/their application to any person or circumstances is held invalid, the remainder of this chapter or the application of the provision or provisions to other persons or circumstances shall not be affected.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014)

A.

Designation criteria. FWHCA are those areas identified as being of critical importance to the maintenance of certain fish and wildlife species. FWHCAs are typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both. All areas within the County meeting these criteria are hereby designated critical areas and are subject to the provisions of this chapter. FWHCA shall include all of the following:

1.

Areas with a primary association with endangered, threatened, and sensitive species.

a.

Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered.

b.

State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species).

2.

Streams and waters of the state.

a.

Stream types shall be classified according to WAC 222-16-030. Stream classifications shall include the following:

i.

Type S streams are those streams inventoried as "shorelines of the state" under the Washington State Shoreline Management Act and the Island County Shoreline Master Program. Type S streams are regulated under the Island County Shoreline Master Program;

ii.

Type F streams are those that are not Type S but still provide fish habitat;

iii.

Type Np streams are perennial waters that do not contain fish habitat; and

iv.

Type Ns streams are seasonal waters that do not contain fish habitat, but are physically connected by an above-ground channel system to Type S, F, or Np waters.

b.

In the case that available information on stream typing is unclear, the Planning Director shall require that stream typing be performed by a qualified professional using a site visit, mapping, and all available information.

3.

State natural area preserves, natural resource conservation areas, and state wildlife areas.

4.

All areas designated by the Department of Natural Resources (DNR) through the Washington Natural Heritage Program (NHP) as high quality terrestrial ecosystems and shown on the most recent NHP maps and data.

5.

Habitats and species of local importance. Designated habitats and species of local importance are listed in section 17.02B.230. Additional habitats and species of local importance may be nominated by individuals or organizations according to the process in section 17.02B.220. Habitats and species of local importance have the following characteristics:

a.

Habitats and species of local importance have recreational, cultural, and/or economic value to citizens of Island County.

b.

Habitats and species of local importance are not adequately protected, by other County, state, or federal policies, laws, regulations, or non-regulatory tools that prevent degradation of the habitat or species.

c.

Habitats and species of local importance represent either high-quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape.

d.

Habitats and species of local importance, without protection, would be diminished locally over the long term.

B.

Shoreline Master Program. The following habitats and species that are listed under WAC 365-190-130 shall be regulated under the Island County Shoreline Master Program (including where upland development activities outside jurisdiction would impact these habitats and species):

1.

Areas where endangered, threatened and sensitive marine species have a primary association;

2.

Commercial and recreational shellfish areas;

3.

Kelp and eelgrass beds; herring smelt and other forage fish spawning areas; or

4.

Lakes greater than twenty (20) acres in size.

C.

Mapping. Map sources showing the approximate location and extent of FWHCA include, but are not limited to critical areas maps adopted or commissioned by the County, such as maps included in the Island County Comprehensive Plan, FWHCA Best Available Science and Existing Conditions Report (the Watershed Company and Parametrix, 2014), and WDFW Priority Habitats and Species (PHS) maps, as most recently updated. These maps are to be used as a guide for the County, project applicants, and/or property owners and will be periodically updated as new critical areas are identified. They are a reference and do not provide a final critical areas designation. In the event of a conflict between FWHCA mapping and the designation criteria outlined above, the designation criteria shall control.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-02-17 [PLG-003-17], II(Exh. A), 1-24-2017; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Western Toad breeding sites and upland occurrences are designated as fish and wildlife habitat conservation areas. Occurrences must be documented by scientifically verifiable data from WDFW, Priority Habitat and Species data from WDFW, a qualified professional, be identified through the processing of site-specific land use and development permits, or other scientifically verifiable data. Breeding sites that occur within regulated wetlands, streams, and their buffers shall be protected through Island County's wetland, stream, and buffer regulations. All other occurrences shall be protected through the evaluation and protection requirements in 17.02B.400.

(Ord. No. C-71-16 [PLG-008-16], § II(Exh. A), 6-23-2016; Ord. No. C-02-17 [PLG-003-17], II(Exh. A), 1-24-2017; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-21 [PLG-005-21], Exh. A, 8-17-2021)

A.

Any person may nominate for designation, or propose de-designation, of a species or habitat of local importance in accordance with a Type IV permit process. Nominations will be processed pursuant to chapters 16.19 and 16.26. Nominated habitats or species must meet the definition in section 17.02B.200.A.5. Proposals for de-designation of a species or habitat of local importance shall follow the same process as a nomination for designation, except that the proponent shall demonstrate that all designation criteria in subsection B. no longer apply, such as due to federal or state de-listing of protected species, recovery has been achieved, or other facts that support that the species is no longer vulnerable or is protected through other means.

B.

Nominations for habitats or species of local importance shall include the following:

1.

Identification of the habitat or species being nominated. Identification shall include, at a minimum, the following information:

a.

A legible map or maps of species and/or habitat location(s);

b.

Specific features to be protected (for example, nest sites, breeding areas, nurseries, vegetation communities) or, if a habitat is being nominated in its entirety, a description of the habitat, its structure, function, species, and geographic boundaries of the habitat(s) encompassed, and any other relevant attributes; and

c.

An analysis of the habitat and hydrological functions and location of the area relative to already designated critical areas and the nearest similar habitat if known.

The Planning Director has the authority to alter these requirements if he/she determines that alternative methods of identification or characterization are more accurate or reliable.

2.

A demonstrated need for special consideration based on:

a.

Habitat or species rarity or vulnerability to rarity as evidenced by restricted, small or declining species population and habitats or community loss or degradation; or

b.

Vulnerability to habitat perturbation, including a discussion of and the potential cause of that perturbation; or

c.

The need for protection, maintenance, and/or restoration of the nominated habitat to ensure the long term persistence of a species; or

d.

The ability of the site to disproportionately contribute to regional biodiversity as evidenced by species use, richness, abundance, and/or rarity; or

e.

The commercial, recreational, cultural, or other special value; or

f.

The need for maintaining connectivity between habitat areas.

3.

An explanation of why special protection is needed and how existing County, state, and federal programs and regulations do not provide adequate protection.

4.

Proposed management strategies for the species or habitats. Management strategies must be supported by best available science.

5.

Identification of effects on property ownership and use.

6.

The Planning Director may, on a case-by-case basis require additional information needed to evaluate the resource being nominated.

C.

Nomination proposals shall be reviewed by the County and may be forwarded to the State Departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies, or experts for comments and recommendations.

D.

The Planning Director shall determine whether the nomination proposal is complete and, if complete pursuant to criteria in subsection B. and requirements of chapter 16.19, shall evaluate it according to the characteristics enumerated in this section and make a recommendation to the Planning Commission based on those findings.

E.

The Planning Commission shall hold a public hearing for proposals found to be complete, and make a recommendation to the Board of Commissioners to approve or deny the nomination based on the standards enumerated in subsection B.

F.

Following the recommendation of the Planning Commission, the Board of Commissioners shall designate a habitat or species of local importance that:

1.

Satisfies the nomination criteria and includes the information required in subsection B.; and

2.

Is supported by best available science for the subject species or habitat of local importance; and

3.

For which management strategies are practicable; and

4.

Without protection, there is a likelihood that the species or habitat will not persist over the long term.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Habitats and species of local importance and protected species that have been approved for designation by Island County include:

_____

A.

Protected species list—Flora:

B.

Species and habitats of local importance list:

C.

Sites meeting the definition of Westside Prairie, Herbaceous Balds and Oak Woodlands in the most current version of the Washington Department of Fish and Wildlife's Priority Habitat and Species Program. Mapping updates will be conducted in accordance with section 17.02B.200.C. Mapping updates will be conducted in accordance with section 17.02B.200.C.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-21 [PLG-005-21], Exh. A, 8-17-2021)

A.

Designation criteria.

1.

All Category A, B, C and D wetlands as defined in section 17.02B.460B are regulated under this chapter if they are 1,000 square feet or larger in surface area and all Category E wetlands are regulated under this chapter if they are 5,000 square feet or larger in surface area.

2.

Category A, B, C and D wetlands that are less than 1,000 square feet in surface area and Category E wetlands less than 5,000 square feet in surface are regulated by this chapter only if:

a.

The wetland is considered a mosaic wetland; or

b.

The wetland is known to contain either a protected species or a species of local importance; or

c.

The wetland receives a rating score of fifty (50) or greater per the wetland buffer worksheet as published in the Island County wetland identification guide 2008.

B.

Mapping.

1.

The Department shall maintain and update maps that depict the location and type of all known wetlands in Island County. However, not all wetlands have been mapped.

a.

These maps will be available at the offices of the Department and used as a guide to identify and locate wetlands. The Planning Director shall propose and the Board of Commissioners shall adopt an administrative procedure for the update of wetland maps as site-specific data becomes available.

2.

Both the term wetland as well as specific types of wetlands are defined in section 17.02B.060. Most of these wetland types have been mapped by the County and these maps shall serve as a guide for determining the general location of wetlands. The presence and location of a wetland must be confirmed based on the definitions established by this chapter, on a site-by-site basis.

3.

At any time, an owner can provide the Department information prepared by a wetland professional to correct or clarify the County's wetland maps for property he or she owns. When the Planning Director finds that a County map is in error, a correction shall be approved as a Type I decision pursuant to chapter 16.19.

C.

Wetland identification.

1.

The Planning Director shall determine wetland type, location, and classification for any development proposal on a lot that contains or is affected by a wetland or wetland buffer. This determination shall be done in accordance with the approved 1987 U.S. Army Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, as amended. The Planning Director will also use information provided to the County through the field indicator's worksheet contained in the wetland identification guide or a wetland report. As provided herein, except for activities, development, and uses identified as exempt in section 17.02B.300, a field indicator's worksheet shall be required for all development proposals.

2.

Island County 2008 Wetland identification guide. The purpose of the County's wetland identification guide is to assist an owner and/or an applicant in the identification of wetlands. Generally, the field indicator's worksheet (included in the wetland identification guide) shall be submitted with all development proposals regardless of whether the lot may contain or be affected by a wetland or wetland buffer. For single family dwellings or accessory uses and structures for single family dwellings, the owner or applicant shall have the option of submitting a wetland report as outlined in section 17.02B.400.C, instead of the field indicator's worksheet.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-71-16 [PLG-008-16], § II(Exh. A), adopted June 23, 2016, renumbered former § 17.02B.210 as § 17.02B.220. 
 Subsequently, Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, amended and renumbered former § 17.02.220 as § 17.02.240.

Development in geologically hazardous areas shall be subject to the provisions in chapters 11.02 and 11.03.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-71-16 [PLG-008-16], § II(Exh. A), adopted June 23, 2016, renumbered former § 17.02B.220 as § 17.02B.230. 
 Subsequently, Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, amended and renumbered former § 17.02.230 as § 17.02.250.

Development in frequently flooded areas shall be subject to the provisions in chapter 14.02A. Frequently flooded areas under shoreline jurisdiction are also subject to the provisions of chapter 90.58 RCW (Shoreline Management Act) and chapter 17.05A.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Development in critical aquifer recharge areas shall be subject to the provisions in chapters 8.09 and 11.01.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

A.

Exemptions. Except as noted in subsection C. or otherwise, the following activities listed in subsection B. are exempt from the buffer, mitigation, and protection requirements of this chapter.

1.

No permit is required under this chapter for development which meets the precise terms of the exempt activities listed below. In those instances where an exempt activity is associated with another activity which requires a permit from Island County, the proposal shall be reviewed in conjunction with the underlying permit for compliance with the provisions of this chapter and shall be processed in accordance with the procedures outlined in chapter 16.19 for the associated permit.

2.

For development proposals which do not meet the precise terms of an exempt activity listed below, the Planning Director may, through a Type I process, determine whether or not a development should be classified as an exempt activity. When such a determination is necessary it shall be reviewed using a Type I process in accordance with the procedures of chapter 16.19 and the criteria identified in section 17.02B.300.C. and D.

3.

For purposes of documenting the exempt status of a listed activity, an applicant may voluntarily request an exemption authorization from the Planning Director. When such a determination is requested, it shall be prepared using a Type I process in accordance with the procedures of chapter 16.19 and the criteria identified in section 17.02B.300.C. and D.

4.

Exemptions for geologically hazardous areas, frequently flooded areas, and CARAs are provided in chapters 11.02 and 11.03, 14.02A, and 8.09 and 11.01, respectively.

B.

Fish and wildlife habitat conservation areas and wetlands. The following activities are exempt from the buffer, mitigation, and protection requirements for Fish and Wildlife Habitat Conservation Areas and Wetlands within this chapter.

1.

Existing and On-Going Agriculture. Existing and on-going agricultural activities (in existence as of October 1, 1998):

a.

Commercial and Rural Agriculture Zones. When undertaken pursuant to best management practices as provided in Exhibit B to Ordinance C-86-17 to minimize impacts to critical areas, and when undertaken on the following applicable lands:

i.

Lands with a zoning designation of Commercial Agriculture or Rural Agriculture;

ii.

Lands that meet the definition of RCW 84.34.020(2) and that participate in the agricultural tax program provided in chapter 84.34 RCW; or

iii.

Lands that are encumbered in perpetuity by a recorded easement created for the purpose of preservation of agricultural practices.

b.

Rural Zone. When undertaken pursuant to best management practices as provided in Exhibit C to Ordinance C-86-17 to minimize impacts to critical areas, and when undertaken on the following applicable lands:

i.

Lands with a zoning designation of Rural; and

ii.

Parcels that are a half an acre or greater; or

iii.

Parcels less than a half an acre but are contiguous to other parcels that qualify as Existing and Ongoing Agriculture, are under the same ownership, and when added together, total at least a half an acre; or

iv.

Lands that meet the definition of RCW 84.34.020(2) and that participate in the agricultural tax program provided in chapter 84.34 RCW; or

v.

Lands that are encumbered in perpetuity by a recorded easement created for the purpose of preservation of agricultural practices.

c.

This exemption includes normal maintenance or repair of existing drainage facilities and unregulated streams, when such features are related to a legally existing and on-going agricultural activity.

d.

This exemption does not include work in regulated streams. Work in regulated streams is addressed in section 17.02B.310.B.7.

e.

An existing and on-going agricultural activity or operation ceases to be on-going when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program other than the Conservation Reserve Enhancement Program (CREP) and other riparian buffer enhancements. The five-year period specified above may be extended by the Planning Director an appropriately limited and reasonable amount of time in order to account for unavoidable and unintentional events which make active agricultural use impossible. Such events may include: the death of an agricultural operator; difficulty selling the agricultural property; or difficulty securing a lease with an agricultural operator. One (1) extension may be allowed and shall be limited to three (3) years.

f.

The existing and on-going agricultural activity exemption and associated allowances for maintenance or repair of existing drainage facilities shall not continue or transfer when a new use is established and the existing and on-going agricultural activity is discontinued.

g.

It is ultimately the property owner's responsibility to establish to the Planning Department that the agricultural activity qualifies as Existing and Ongoing, and is eligible for this exemption under the provisions of this chapter.

2.

Forest practices. Forest practices regulated and conducted in accordance with the provisions and requirements of chapter 76.09 RCW as well as all applicable forest practice regulations (Title 222 WAC), and which are exempt from Island County jurisdiction when the forest practices are conducted under a non-conversion forest practice permit and no conversion option harvest plan as contemplated in ICC 11.02.270 has been submitted to the County. During the six (6) years following issuance of a non-conversion forest practices permit, conversion of all or part of a parcel to non-forestry use, as described in Chapter 76.09 RCW, shall cause the entire parcel to be subject to the full requirements of this chapter.

3.

Transportation infrastructure repair. Normal maintenance or repair of existing serviceable public or private roads, paths, bicycle ways, trails, bridges, and associated storm drainage facilities. Where reconstruction is the normal method for maintenance or repair, it is considered exempt if it does not change the character, scope, or size of the original structure, facility, utility or improved area beyond the original design, unless such changes are intended to improve ecological conditions or habitat, such as fish passage.

a.

This exemption shall not apply to tidegates which historically drained wetlands where: (i) lack of maintenance of the tidegate for five (5) consecutive years has allowed positive indicators of wetland hydrology, wetland vegetation, or hydric soils to become established; or (ii) maintenance or repair of the tidegate would result in adverse alteration of wetland hydrology.

4.

Stormwater infrastructure repair. Normal maintenance or repair of existing serviceable drainage facilities or systems, including, but not limited to, unregulated streams, culverts, catch basins, and outfalls provided that there is no expansion of facilities or change in conveyance capacity. This exemption includes replacement where it is the normal method of maintenance or repair and where such facilities are designed to provide improvement to FWHCA functions, e.g. replacement of a culvert to provide for fish passage.

a.

This exemption shall not apply to tidegates which historically drained wetlands where: (i) lack of maintenance of the tidegate for five (5) consecutive years has allowed positive indicators of wetland hydrology, wetland vegetation, or hydric soils to become established; or (ii) maintenance or repair of the tidegate would result in adverse alteration of wetland hydrology.

5.

Utility repair. Normal and routine maintenance or repair of existing utility facilities or rights-of-way.

6.

Utility construction in improved right-of-way. Installation, construction, relocation, operation, normal maintenance or repair, or alteration of all utility lines, equipment, or appurtenances, not including substations, in improved and maintained road rights-of-way. Replacement may be considered an exempt activity if it is the normal method of repair, as determined by the Planning Director. Relocation of utility lines, equipment, or appurtenances shall occur as far as feasible from the critical areas and its buffer. This exemption does not include the installation of throughput transmission facilities as defined in chapter 17.03.

7.

Existing structures. Reconstruction, remodeling, or maintenance or repair of existing structures, provided there is no further intrusion into a critical area or its buffer. This exemption excludes the intentional demolition of existing structures where the reconstructed structure can be accommodated outside of the critical area and its buffer.

8.

Site investigation work. Site investigative work necessary for permit submittals, or County-authorized monitoring activities, such as surveys, soil logs, and percolation tests provided there is no clearing, fill or use of heavy equipment in a critical area or impacts to its buffer.

9.

Emergency actions. Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation. The Department shall review all proposed emergency actions to determine the existence of the emergency and reasonableness of the proposed actions taken unless the nature of the emergency is such that it is not possible to first gain approval of the Department, in which case such review must occur within ten (10) days of the conclusion of the emergency work.

10.

Normal flood control activities. Provided such actions do not increase the size or capacity of such facilities operation, normal maintenance or repair of existing dikes, unregulated streams, reservoirs, and other structures and facilities which were legally created or developed as part of normal flood control activities on or prior to December 31, 1984, except that this exemption does not extend to draining or alteration of any regulated wetland.

a.

This exemption shall not apply to tidegates which historically drained wetlands where: (i) lack of maintenance of the tidegate for five (5) consecutive years has allowed positive indicators of wetland hydrology, wetland vegetation, or hydric soils to become established; or (ii) maintenance or repair of the tidegate would result in adverse alteration of wetland hydrology.

11.

Normal irrigation activities. Provided such actions do not increase the size or capacity of such facilities, operation, normal maintenance or repair of existing unregulated streams, reservoirs, ponds and other structures and facilities which were legally created or developed as part of normal irrigation activities on or prior to December 31, 1984.

a.

This exemption shall not apply to tidegates which historically drained wetlands where: (i) lack of maintenance of the tidegate for five (5) consecutive years has allowed positive indicators of wetland hydrology, wetland vegetation, or hydric soils to become established; or (ii) maintenance or repair of the tidegate would result in adverse alteration of wetland hydrology.

b.

Normal maintenance or repair of unregulated streams is not considered exempt if maintenance or repair of such unregulated streams is discontinued as per section 17.03.230.I.

12.

Yard and garden structures. Normal maintenance or repair of legally existing yard or garden structures when such activities are part of normal maintenance activities and no building permit is required. This exemption does not allow further intrusion into a critical area or its buffer.

13.

Yard and garden activities. Maintenance or repair activities including, but not limited to, cutting, mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; provided, that such maintenance or repair activities are limited to legally existing landscaping improvements and do not further expand into critical areas or associated buffers, do not alter topography, do not destroy or clear native vegetation, do not remove non-hazard trees in the buffer or critical area, and do not diminish water quality or quantity. Residential agriculture includes uses that are considered accessory uses under chapter 17.03. Accessory uses must be incidental to or secondary to a single family dwelling. Examples of residential agriculture include vegetable/flower gardens or orchards normally associated with a rural home and animal husbandry involving less than one (1) animal unit per two and one-half (2.5) acres. This exemption does not allow further intrusion into a wetland, fish and wildlife habitat conservation area, geologically hazardous area, or their buffers.

a.

Native growth protection areas, mitigation sites, or other areas protected via permit conditions, conservation easements or similar restrictive covenants are not covered by this exception.

14.

Noxious weeds. The removal or control of noxious weeds listed in chapter 16-750 WAC and consistent with chapter 8.28.

a.

The removal or control of invasive species including, but not limited to, Himalayan Blackberry and Evergreen Blackberry shall be with hand labor, hand application of herbicides and/or hand-held mechanical tools. Use of heavy equipment may be allowed if approved by the Planning Director subject to subsections C. and D. of this chapter. All herbicide applications in aquatic environments shall conform to the rules of the Department of Ecology, Department of Agriculture and Department of Natural Resources, pursuant to chapters 173-201A, 16-228, and 222 WAC.

b.

Provided that, noxious weeds or invasive species removed from a critical area or critical area buffer shall be removed using best management practices and shall be taken away and disposed of appropriately. Re-vegetation with appropriate native plant species at natural densities is allowed in conjunction with the removal. Unless the Planning Director determines that a larger acreage meets the criteria in subsections C. and D., or is proposed at federal, state, or County approved habitat mitigation bank, the Planning Director shall limit the size of the noxious weeds removal or control of invasive species to an area equal to or less than one (1) acre.

15.

Passive activities. Provided no gasoline powered, motorized boats or equipment are used, conservation, recreation, education and scientific research activities within critical areas and critical area buffers including fishing, hunting, hiking and bird watching. Installation of fences to protect habitat and trails in buffers is allowed provided best management practices adopted by the County are implemented.

16.

Recreation on small lakes. Swimming, boating, hunting and fishing. Construction, placement, maintenance and repair of docks, piers, boat launches and floats in lakes in deepwater habitats between one (1) and twenty (20) acres in size when such activities are for recreational purposes and do not involve alteration of or construction through, over or in a regulated wetland.

C.

Standard exemption environmental protection criteria. Proposed exempt activities shall comply with the following environmental protection criteria in addition to meeting any provisions contained in the exemption description in subsection B.:

1.

Exempt activities shall be undertaken pursuant to best management practices to minimize impacts to critical areas. Island County's most current best management practices are adopted as Exhibit B to Ordinance C-86-17 on August 15, 2017. The Planning Director has the discretion to specify what best management practices are appropriate to minimize impacts, and may refer to Natural Resources Conservation Services ("NRCS") conservation practices if such conservation practices applies more specifically than an Island County best management practice.

2.

Subject to prior approval by the Planning Director, exempt activities shall provide for the restoration of any disturbed critical area or its buffer. Restoration of a disturbed area requires revegetation of native species appropriate for the site and local environment. Revegetation may include planting, seeding, or relying on the existing soil seed bank. The Planning Director may require monitoring to assure that the site is not reoccupied by invasive species. For exempt activities related to legally existing and on-going agricultural activities, this provision shall not be construed to require the establishment of a natural buffer within the legally established boundaries of an existing and on-going agricultural activity, except as mitigation for a development unrelated to the existing and on-going agricultural activity.

3.

Reserved: Drainage best management practices.

D.

Threshold criteria for exempt activities. In order to be classified as an exempt activity, a proposed development must either be listed above in subsections A. or B., or consistent with all of the following criteria:

1.

Where a proposed development activity is unlisted or does not meet the precise terms of an exempt activity listed above and requires interpretation as to whether the proposed development is fundamentally similar to the listed exempt activities, or where an applicant has requested an exemption authorization, the Planning Director may require an applicant to provide a written description of the proposed development describing how the proposal meets the description of an exempt activity in subsection A. and B. and the standard environmental protection criteria in subsection C. In such cases, the applicant shall provide a map identifying the location of the proposed development and the applicable type of critical area and its buffer.

2.

In order for a proposed development to be considered an exempt activity it must be consistent with all of the following criteria:

a.

The proposed development must either meet the precise terms of an exempt activity listed in section 17.02B.300 or be consistent with the description of an exempt activity in subsection A. and B. and the standard exemption environmental protection criteria in subsection C.; and

b.

The proposed development shall occur in the smallest practical area and be completed in the shortest amount of time possible; and

c.

The applicant shall demonstrate that the magnitude and duration of the proposed development is unlikely to result in a measurable adverse impact to a critical area; and

d.

Where maintenance, repair, replacement, or reconstruction is proposed, the proposed development shall not change the character, scope, or size of the original structure, facility, utility or improved area beyond the original design. Such changes are only permissible if it can be demonstrated that they are necessary to result in a measurable ecological improvement; and

e.

The potential impacts associated with the proposed development must be minor, insignificant, clear, and easily understood in the absence of technical reports or professional evaluations.

f.

The proposed development shall be fundamentally similar to, and no more intense than the exempt activities listed above in section 17.02B.300.B.

g.

Developments listed as permitted alterations shall not also be considered exempt activities.

3.

Where threshold criteria for a development to be considered an exempt activity are not met, the proposal shall be considered a regulated activity and subject to the provisions of this chapter.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-106-15 [PLG-005-15], Exh. A, 10-20-2015; Ord. No. C-44-16 [PLG-003-16], Exh. A, 5-3-2016; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-55-18 [PLG-002-18], Exh. A, 5-8-2018)

A.

General. The actions in subsections B. through F. shall be considered permitted alterations, provided they are consistent with the general standards for mitigation sequencing per section 17.02B.080.B. and other applicable requirements established in this chapter.

1.

A permitted alteration permit shall be required for all permitted alterations. Requests for such permits shall be reviewed using the procedures applicable to Type II permits outlined in chapter 16.19. No permit shall be issued unless it can be shown that the proposed development is fully consistent with the requirements of this chapter.

2.

Unless exempted under the provisions of section 17.02B.400.A., the Planning Director shall require a biological site assessment per section 17.02B.400 to evaluate the permitted alteration. A mitigation plan shall also be required by the Planning Director consistent with section 17.02B.500 unless the Planning Director determines that the project is exempt from mitigation plan requirements pursuant to section 17.02B.500.F.

B.

Fish and wildlife habitat conservation areas permitted alterations.

1.

Recreational areas. Limited public park or public recreational access; provided, that all of the following are satisfied:

a.

The access is part of a public park that is dependent on the access for its location and recreational function; and

b.

The access is limited to the minimum necessary to accomplish the recreational function; and

c.

The removal of trees and native vegetation is minimized; and

d.

The access and the balance of the development are consistent with other requirements of this chapter; and

e.

The proponent obtains written approval from the County for the limited access and associated mitigation.

2.

Low-impact uses and activities. Low-impact uses and activities which are consistent with the purpose and function of the buffer when such improvements are limited to the minimum amount necessary and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the habitat involved; provided, that such activity shall not result in a decrease in FWHCA functions and values and shall not prevent or inhibit the buffer's recovery to at least pre-altered condition or function.

3.

Roads and utilities. Roads or utilities may be allowed to alter a fish and wildlife habitat conservation area or its buffer when there is no feasible alternative that is less environmentally damaging and provided the following conditions are met:

a.

Roads and utilities shall be located as far as feasible from fish and wildlife habitat conservation areas and associated buffers. Where avoidance is not feasible, roads and utilities shall, to the extent possible, be located so as to minimize impacts to critical area functions and values.

b.

Roads and utilities shall not be located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the Planning Director determines that there is no other feasible crossing site.

c.

Paralleling the stream or following a down-valley route near the stream shall be avoided when possible.

d.

The width of fill and construction activities shall be minimized.

e.

Culverts may be installed when necessary to maintain hydrology and fish passage on Type F streams.

f.

Best management practices shall be employed during construction.

g.

Mitigation shall be proportionate to the impacts and provided pursuant to section 17.02B.080 and 17.02B.500.

h.

For purposes of interpreting this section, the term "utilities" does not include septic system components or wells serving individual home sites, except as provided for below in subsection B.6.

i.

For purposes of interpreting this section, the term "utilities" does not include throughput transmission facilities as defined in chapter 17.03.

j.

Roads and utilities shall only be permitted to alter a fish and wildlife habitat conservation area or its buffer when the project is needed to serve Island County residents. A project shall be considered needed if it is included in the capital facilities element of the comprehensive plan.

4.

Underground utilities. Installation of underground utilities or moderate impact stormwater facilities, such as grass-lined swales, may be allowed to alter fish and wildlife habitat conservation areas, and associated buffers, when no feasible alternative exists, and where such facilities are constructed in a manner which minimizes impacts to critical area functions and values. For purposes of interpreting this section, the term "utilities" does not include throughput transmission facilities as defined in chapter 17.03.

5.

Conservation, preservation, or enhancement projects. The Planning Director shall require a biological site assessment per section 17.02B.400 in order to determine whether the proposed development would conserve, preserve, or enhance critical area functions in the long-term and is designed to minimize temporary environmental impacts.

6.

Single family residences and appurtenances. New single family residences and necessary appurtenances on existing legal lots may intrude into critical areas or their buffers when all of the following conditions are met:

a.

It is demonstrated that it is not feasible to avoid the critical area or its buffer. If an applicant or owner owns or controls multiple contiguous lots, and if considering such lots as a single, combined development site would allow the home or necessary appurtenances to be constructed outside of the critical area or critical area buffer, or farther away from the critical area or critical area buffer, such lots shall be considered a single development site and the proposed development shall be located as far as possible from the critical area or critical area buffer.

b.

Alteration of critical areas and their buffers including all clearing, grading and structures, has not and will not exceed cumulatively 2,800 square feet.

c.

Proposed alterations are the minimum necessary and located so as to have the least impact on critical areas and their buffer.

d.

The proposal does not degrade the functions and values of fish and wildlife habitat conservation areas and associated buffers beyond those needed to achieve a reasonable use as determined by the Planning Director.

e.

Adverse impacts resulting from alterations of steep or geologically hazardous slopes are minimized.

f.

The proposal includes on-site mitigation required by this chapter to the extent feasible as determined by the Planning Director.

g.

Disturbed critical areas and their buffers will be immediately restored consistent with an approved mitigation plan.

h.

This action does not allow critical areas or their buffers to be converted to lawn or residential landscaping beyond a minimal area needed to maintain an approved structure.

i.

The inability to place the home or necessary appurtenances outside of a critical area or a critical area buffer is not the result of a previous land division or boundary line adjustment which occurred after October 1, 1998.

7.

Maintenance and repair of drainage facilities. Normal maintenance or repair of drainage facilities related to existing and ongoing agricultural activities within regulated streams. The Planning Director may approve a Type II permitted alteration permit for a multi-year period to address recurring work in regulated streams that are also drainage facilities associated with existing and on-going agricultural activities, consistent with section 17.02B.310.A.1. and 2. When such a multi-year permit is approved, it shall be valid for a period of not less than five (5) years.

C.

Wetlands permitted alterations.

1.

Single family dwellings on existing lot. For a new single family dwelling and accessory structures or the expansion of existing single family dwellings or accessory structures on an existing lot, a wetland buffer alteration that cannot be avoided as required by section 17.02B.080.B. shall be approved through a Type I Reasonable Use Determination when:

a.

Buffer alteration has not and will not exceed cumulatively 2,800 square feet;

b.

The development proposal is a reasonable use of the lot and the alteration of the required buffer has been reduced as required by section 17.02B.080.B;

c.

Adverse impacts resulting from alterations of a steep slope or geologically hazardous area are minimized;

d.

If the alteration cannot be restored as required by section 17.02B.080.B, the proposal includes mitigation required by this chapter;

e.

Temporary disturbance of critical areas and their buffers will be immediately repaired; and

f.

This action does not allow wetlands or fish and wildlife habitat conservation areas or their buffers to be converted to lawn or residential landscaping.

2.

Reasonable use. Nothing in this chapter is intended to preclude reasonable use of property. Strict application of the critical area regulations contained in this chapter shall not cause the denial of uses allowed under chapter 17.03 including a single family dwelling that does not qualify for review under subsection C.1 above. A development proposal that proposes an alteration of a critical area or critical area buffer that cannot be avoided as required by section 17.02A.080.B shall be approved through a Type II Reasonable Use Determination only when:

a.

A report on reasonable use has been prepared. The report shall include:

i.

A description of the function and condition of the critical area and/or critical area buffer that would be altered;

ii.

An analysis of the effect of the development proposal on the critical area and/or critical area buffer;

iii.

A description of actions that can be taken to modify the development proposal to avoid or reduce the alteration of the critical area and/or critical area buffer and a discussion of whether these modifications are practical and reasonable;

iv.

An explanation of why the development proposal should be considered a reasonable use; and

v.

If the alteration cannot be restored as required in section 17.02B.080.B, a mitigation plan.

b.

The development proposal is a reasonable use of the lot and the alteration has been reduced as required by section 17.02B.080.B; and

c.

The development proposal includes mitigation required by this chapter.

3.

Public transportation and utility projects. Alteration of a wetland or wetland buffer for a public transportation or utility project that cannot be avoided as required by chapter 17.02B.080.B shall be approved only when:

a.

There is no other practical alternative to the proposed development with less impact on the critical areas;

b.

The application of this chapter would unreasonably restrict the ability to provide utility services to the public;

c.

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

d.

The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and

e.

The proposal is consistent with other applicable regulations and standards.

4.

Voluntary wetland improvement projects. Some wetlands and wetland buffers were altered prior to adoption of wetland regulations (December 31, 1984) or the alteration occurred after the implementation of wetland regulations but the alteration was not regulated. Voluntary improvement is encouraged of these altered wetlands and wetland buffers. Improvement action cannot reduce wetland functions and may include re-establishment, rehabilitation, or enhancement and shall be approved by the Planning Director upon approval of a specific plan for the voluntary improvement.

D.

Geologically hazardous areas permitted alterations. See chapters 11.02 and 11.03.

E.

Frequently flooded areas permitted alterations. See chapter 14.02A.

F.

Critical aquifer recharge areas permitted alterations. See chapters 8.09 and 11.01.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Variances from the standards of this chapter may be authorized by Island County in accordance with the procedures set forth in chapter 16.19 for Type III decisions. In order to approve a critical areas variance request, the hearing examiner must determine that the requested variance is consistent with all of the following criteria.

A.

Variance criteria. A variance may be granted from standards of this chapter, only if the applicant demonstrates that the requested action is consistent with the variance approval criteria enumerated in section 17.03.210 as well as all of the criteria set forth as below:

1.

Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands subject to the provisions of this chapter; and

2.

The special conditions and circumstances do not result from the actions of the applicant or owner; and

3.

The inability to derive reasonable use of the property is not the result of a land division or a boundary line, which created the undevelopable condition after October 1, 1998; and

4.

A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable use of the subject property, and the variance requested is the minimum necessary to provide the applicant with such rights; and

5.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances; and

6.

The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the subject critical areas; and

7.

The proposed development does not pose a threat to public health, safety and welfare on or off the subject property; and

8.

Any alterations permitted pursuant to the requirements of this chapter shall be the minimum necessary to allow for reasonable use of the property; and

9.

The decision to grant the variance considers best available science for the critical area and gives special consideration to conservation and protection measures necessary to preserve or enhance anadromous fish habitat; and

10.

The mitigation sequencing provisions of section 17.02B.080.B. have been applied; and

11.

The proposal mitigates the impacts on the critical area to the maximum extent possible, while still allowing reasonable use of the lot; and

12.

The granting of the variance is consistent with the general purpose and intent of the Island County Comprehensive Plan, and planning policies.

B.

Conditions may be required. In granting any variance, the hearing examiner shall prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.

C.

Time limit. The hearing examiner shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both.

D.

A report prepared by a qualified professional shall accompany a variance request to provide information on the functions and values of the critical area or critical area buffer proposed for alteration, the impact of the proposed development on the critical area and its buffer, what constitutes a reasonable use of the property, steps taken to achieve mitigation sequencing, consistent with section 17.02B.080.B., including avoidance and minimization, an explanation of the portion of the Code the proposed development was not compliant with, and other information as deemed necessary by the Planning Director.

E.

A variance shall not permit the creation of a lot that would otherwise be prohibited by section 17.02B.410.A.

F.

A variance shall not permit a throughput transmission facility, as defined in chapter 17.03, to cross, be routed through, or impact a critical area or its buffer.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.320 from "Variances" to read as herein set out.

A variance shall not authorize development within a geologically hazardous area or required setback or buffer from a geologically hazardous area unless the County Engineer has determined the development complies with chapters 11.02 and 11.03 and will not pose a threat to public safety.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

A.

Site assessment and submittal requirements. When a development proposal is located within 1,000 feet of a habitat for a protected species or an identified fish and wildlife habitat conservation area or its buffer, based upon maps and other information available to or maintained by the County, as described in section 17.02B.200.C., or when the applicant proposes to alter, decrease or average a standard stream buffer, a biological site assessment (BSA) shall be required. The requirement for a BSA may be waived by the Planning Director for:

1.

The following activities conducted on parcels with an existing, legally-established residential use, provided no clearing of established native shrubs and trees is required:

a.

Additions to the primary residence less than 300 square feet in size without changes to the existing septic capacity; or

b.

Installation of wildlife compatible fencing around the perimeter of the parcel, with the following design criteria:

(i)

Bottom wire at least sixteen (16) inches above the ground; and

(ii)

Constructed of smooth wire or wood; and

(iii)

Does not contain barbs that may injure wildlife; or

c.

New residential gardening and landscaping, including construction of yard and garden structures such as a greenhouse or tool shed not to exceed 200 square feet in size; or

d.

Installation of accessory solar energy generation equipment for residential solar energy production;

2.

Parcels without an existing residential use, if the minimum distance between an identified fish and wildlife habitat conservation area and the proposed activity is at least 600-feet and no clearing of native shrubs or trees is proposed:

a.

New agricultural activities with implementation of applicable best management practices outlined in Exhibit B to Ordinance C-86-17.

b.

Construction of one (1) single family residential development and necessary appurtenances, when the following conditions are met:

(i)

If the area between the proposed development and the property line closest to the FWHCA is not primarily composed of native plants, an area equal to proposed impervious surfaces shall be completely vegetated with native plants in that portion of the property and plantings shall be protected through a Notice on Title and undergo five (5) years of monitoring by Island County, with > 90 percent survival of native plantings at five (5) years; and

(ii)

Cleared area and impervious surfaces shall fall under the thresholds for low land use intensity outlined in 17.02B.460.A; and

(iii)

All stormwater runoff from proposed impervious surfaces shall be properly controlled prior to reaching the native plant vegetation area by managing stormwater close to the origin; and

(iv)

The proposal implements two (2) of the three (3) low impact design techniques:

(1)

All driveway and parking areas are permeable;

(2)

A native plant landscaping plan equal in size to proposed impervious surfaces is implemented and maintained; or

(3)

Bioretention facilities including bioswales, planter boxes, rain catchment barrels, rain gardens, and/or dry wells are used.

3.

For activities authorized pursuant to section 17.02B.310.B.7., no BSA shall be required provided that:

a.

The activity does not involve a type "F" or type "S" stream; and

b.

The activity is associated with an existing and on-going agricultural activity; and

c.

The Planning Director verifies, prior to permit approval, that the area where the proposed activity will take place has been actively used for, and continuously maintained as, an agricultural drainage facility; and

d.

The proposed activity is limited to maintenance or repair; and

e.

Critical area functions and values can be protected through the application of clear, and easily understood mitigation measures and BMPs; and

f.

Upon completion of the proposed work the Planning Director verifies that required BMPs have been properly implemented and that all conditions of permit approval have been adhered to.

B.

Biological site assessment contents. A BSA shall be prepared by a qualified professional at the expense of the applicant. The level of detail in a BSA should be proportionate to the location, size and impacts of the project proposal. Unless modified by the Planning Director, a BSA shall include:

1.

A site plan showing all critical areas and associated critical area buffers falling on or within 1,000 feet of the portion of the subject property proposed for development. The site plan shall also clearly show the location and extent of all proposed clearing, earthwork, grading, excavation, filling, structures, utilities, septic system components, wells, roads, parking areas, driveways and other development; and

2.

Descriptions of all critical areas shown on the site plan, including areas which may act as wildlife corridors, ravines or steep slopes, etc.; and

3.

Description of the proposed development, including, but not limited to, quantity and spatial extent (area) of any proposed development, clearing, earthwork, grading, excavation, and filling, the location and dimensions of all proposed structures, utilities, septic system components, and wells; and

4.

Analysis of impacts to the protected species or habitats. A discussion of impacts to all critical areas and critical area buffers must be included; and

5.

The spatial extent of impact to critical areas and their buffers shall be quantified; and

6.

Regulatory summary, identifying other agencies with jurisdiction; and

7.

Best management practices, including a discussion of on-going maintenance practices that will assure protection of all critical areas on-site after the project has been completed. If monitoring is required, this section shall include a description of proposed monitoring criteria, methods, and schedule.

8.

The recommendations of the BSA, once approved, shall be included as conditions of approval of the underlying permit.

C.

Wetland report. A wetland report shall be submitted for all development proposals when the development proposal is located on a lot that contains or is affected by a wetland or wetland buffer. A wetland report will also be required for any request to modify a required wetland buffer. Wetland reports shall be prepared by a wetland professional and may be consistent with a BSA. A wetland report shall at a minimum include:

1.

A brief detailed description of the development proposal;

2.

A description of assumptions and methodologies used to complete the analysis and appropriate documentation of all fieldwork;

3.

A description of the wetland type, its specific location and the buffer that is appropriate for the wetland;

4.

If an alteration is proposed for the wetland or wetland buffer, the wetland report shall describe actions that have been considered to avoid or reduce any alteration;

5.

If an alteration is proposed, a wetland mitigation plan; and

6.

If a buffer modification is proposed, an explanation of why the modification will not adversely affect wetland functions.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-21 [PLG-005-21], Exh. A, 8-17-2021)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, repealed former § 17.02B.400 which pertained to general standards and derived from Ord. No. C-75-14 [PLG-006-14], Exh. B, adopted Sept. 22, 2014. Ord. No. C-86-17 subsequently amended and renumbered former § 17.02B.410, "Evaluation requirements—Fish and wildlife habitat conservation areas" as § 17.02B.400 to read as herein set out.

A.

Land divisions and related actions. No lot segregation, land division, or boundary line adjustment shall create a lot which does not include an adequate building site outside of critical areas and their associated buffers unless the resulting lot is being created solely for conservation purposes and a conservation easement encompassing the lot is established and recorded which profits all future development.

B.

Overlapping critical areas, interpretations. Where critical area protections overlap, the most restrictive standards shall apply. Management of the required buffers shall depend on the critical area function being protected.

C.

Critical area documentation. A copy of the site plan for the development proposal shall include a map to scale documenting critical areas, buffers, the development proposal, and any areas to be cleared. The Planning Director may also require additional information to be included when determined to be necessary to review the development proposal. Additional information that may be required, includes, but is not limited to:

1.

Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; and

2.

Information specific to the type, location, and nature of the critical area and buffer.

D.

Fencing and marking. When development occurs on a site containing critical areas or critical area buffers the following standards and requirements shall apply:

1.

The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent survey stakes that are clearly visible, durable and permanently affixed to the ground. Critical area buffers shall be measured horizontally and perpendicularly to the edge of the critical area on all sides.

2.

The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site.

3.

These provisions may be modified by the Planning Director as necessary to ensure protection of sensitive features or wildlife needs.

4.

Fencing.

a.

The Planning Director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the Planning Director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the wetland buffer, when fencing will prevent future impacts to the wetland.

b.

The applicant shall be required to install a permanent fence around the wetland or buffer when livestock are present or may be introduced on site.

c.

Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.

E.

Rural stewardship plans.

1.

The goals of a rural stewardship plan are to:

a.

Improve the stewardship of land resources through voluntary actions;

b.

Maintain and/or improve natural hydrologic systems and critical area functions;

c.

Promote rural character and rural lifestyles; and

d.

Maintain and/or improve habitat for protected species and species and habitats of local importance.

2.

Rural stewardship plans and amendments to adopted plans may be approved by the Planning Director for lots one (1) acre and larger in size when the plan is consistent with the rural stewardship guide prepared by the County. The guide shall be prepared by the Planning Director and approved by the Board of Commissioners as a Type IV decision under chapter 16.19.

3.

A rural stewardship plan is not effective until approved by the Planning Director. Before approval, the County may conduct a site inspection to verify that the plan is reasonably likely to accomplish the goals for rural stewardship plans.

4.

Once approved by the County, a notice will be recorded by the County that the plan has been approved. Thereafter, all uses, structures and activities conducted on the property shall be consistent with the plan as approved. Any change in uses, structures or activities governed by the plan that the approved plan does not allow, must first be authorized by a plan amendment approved by the Planning Director.

5.

A rural stewardship plan allows an owner to be eligible for:

a.

A reduction in property tax through the County's public benefit rating system; or

b.

A reduction in the land use intensity that would otherwise be assigned to the uses and structures included in the plan; and

c.

An expedited approval process for all uses and structures included in the plan that require County approval of a development proposal.

6.

When a reduction in land use intensity is allowed based on a rural stewardship plan, the plan shall include a monitoring program.

a.

The monitoring program shall:

i.

Specify standards and time periods that will be used to judge the implementation and effectiveness of approved rural stewardship practices in achieving the goals of the plan and preventing degradation of critical area functions; and

ii.

Allow the County reasonable access to the parcel to determine that the rural stewardship plan is being followed and critical areas functions are not being degraded.

b.

The frequency of monitoring reports and the monitoring time period shall be established by the Planning Director based on the type of use for which a reduction in land use intensity is requested and the type of critical area subject to the rural stewardship plan.

c.

Monitoring plans shall be prepared by the applicant and submitted at the frequency described in the preceding paragraph.

F.

For any development proposal, the Planning Director may reduce development standards required by chapters 11.01 and 17.03 when the modification will reduce or eliminate the need for development within a critical area or critical area buffer. Such modifications shall be considered before allowing development within a critical area or critical area buffer and may be allowed without requiring a variance to the standards of chapters 17.03 or 11.01.

1.

Zoning setbacks may be modified as follows:

a.

One-hundred-foot front yard and fifty-foot side and rear yard setbacks may be reduced up to fifty (50) percent; and

b.

All other required front and rear yard setbacks may be reduced up to ten (10) percent.

2.

Other development standards may be modified when public health or safety is not impaired.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

A.

Buffers required. Protective riparian buffers shall be required to preserve stream/riparian functions and values. The purpose of riparian buffers is to protect riparian functions that influence in-stream and near-stream habitat quality. These include, but are not limited to:

1.

Recruitment of large woody debris (LWD). Large woody debris creates habitat structures necessary to maintain salmon/trout and other aquatic organisms' productive capacity and species diversity.

2.

Temperature and microclimates. Temperature and microclimates influence water temperatures and the availability of oxygen needed for salmon/trout and other aquatic organisms. Temperature is influenced by shading.

3.

Bank integrity (root reinforcement). Bank integrity influences habitat quality and water quality by reducing bank erosion and creating habitat structure and in-stream hiding cover for salmon/trout and other aquatic organisms.

4.

Sediment and contaminant filtration. Filtration of nutrients, sediments and other contaminants in runoff (surface and shallow subsurface flows) influences water quality.

5.

Wildlife habitat. Functional wildlife habitat for all life stages of riparian-dependent species is based on sufficient quantity and quality of riparian vegetation to provide for those needs including protection for nesting and feeding and detrital inputs for food.

B.

Buffer conditions. Stream buffers shall be maintained in an undeveloped state and should be densely vegetated with native vegetation adequate to protect the stream or resource's functions and values. Activities allowed in stream buffers are listed in sections 17.02B.300 and 17.02B.310. This provision is not intended to require the establishment of natural buffer areas within the legally established boundaries of an existing and on-going agricultural activity, except as mitigation for a development unrelated to the existing and on-going agricultural activity.

C.

Standard buffers. Buffer distances shall be measured horizontally from the ordinary high water mark of the stream. Standard stream buffer widths are shown in the table below. A stream buffer shall have the width recommended, unless a greater width is required pursuant to subsection E.

D.

Other aquatic and deep water habitats. Buffers for ponds and lakes that are less than twenty (20) acres in size and greater than 6.6 feet deep, are not regulated as shorelines of the state under the Island County SMP or the Washington State SMA and are not regulated as wetlands under this chapter, shall extend seventy-five (75) feet from the ordinary high water mark. In the case where a lake or pond meeting these criteria has fringe wetland adjacent to it, the larger of the wetland or FWHCA buffer shall apply.

1.

Recreational uses shall be allowed on deep water ponds provided they are consistent with the provisions of this chapter.

2.

Overwater structure may be allowed on deep water ponds provided they attain necessary state approvals and permits and are constructed and operated consistent with this chapter.

E.

Increasing buffer widths. The Planning Director has the authority to increase the standard buffer widths on a case-by-case basis when a larger buffer is determined to be necessary to protect stream water quality or a protected species. A decision to increase the standard buffer shall be based on the intensity of the proposed use, the functions of the stream and the condition of the existing buffer. For example, stream buffers that contain unstable slopes may require larger buffer widths; PRDs using density bonuses may warrant increased buffer widths. However, an applicant may enhance any such buffer (such as through bioengineering using native plants) to maintain the standard buffer width following submittal, review and approval of a BSA which demonstrates that the enhancement will provide a buffer which protects riparian function as well as or better than the increased buffer width.

F.

Interrupted buffers. Where a legally established and constructed public roadway transects a riparian buffer, the Planning Director may approve a modification of the standard buffer width to the edge of the roadway, provided:

1.

The isolated part of the buffer provides insignificant biological, geological or hydrological buffer functions relating to the riparian area; and

2.

If the resulting buffer distance is less than fifty (50) percent of the standard buffer for the applicable stream type, no further reduction shall be allowed.

G.

When a critical area lies in the shoreline jurisdiction but its buffer falls outside of shoreline jurisdiction, the buffer shall be established and subject to the requirements of this chapter.

H.

In the case of any approved alteration to a FWHCA or associated buffer that requires mitigation, restoration, or enhancement, a monitoring plan shall be included with the BSA that is consistent with section 17.02B.500.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.420 from "Protection standards—Streams and other aquatic habitats" to read as herein set out.

A.

Bald Eagle. When the Bald Eagle is listed under Washington State Law as threatened or endangered, Bald Eagle habitats shall be protected pursuant to the Washington State Bald Eagle Protection Rules, WAC 232-12-292. When the Bald Eagle is not so listed, federal laws such as the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act still apply. If the Planning Director determines that the scope or timing of the proposal may create an adverse impact or adversely affect the eagle nest territory, he/she shall require the preparation of a habitat management plan prior to any clearing, grading, or construction whenever activities that alter habitat are proposed near a verified nest territory.

B.

Washington Natural Heritage Program areas.

1.

South Camano and Keystone. South Camano is inventoried as a significant plant community dominated by Big Leaf Maple (Acer macrophyllum). Keystone is inventoried as a significant plant community dominated by Douglas Fir, Western Hemlock and Swordfern. Natural vegetation between the ordinary high water mark and the top of banks and bluffs ten (10) feet or higher shall be retained, except for removal of hazard trees and to allow for pedestrian waterfront access. Removal of invasive non-native species is authorized. Trimming but not removal for view enhancement is authorized.

2.

Grasser's Hill. Grasser's Hill is inventoried as a significant plant community including white-top aster (Sericocarpus rigidus), a protected species. A biological site assessment and a habitat management plan (HMP) shall be prepared pursuant to this chapter in order to ensure protection of the white-top aster.

3.

West Beach and Ebey's Landing. West Beach and Ebey's Landing are inventoried as a significant plant community including golden indian paintbrush (Castileja levisecta), a protected species. A biological site assessment and a habitat management plan (HMP) shall be prepared pursuant to this chapter in order to ensure protection of the golden indian paintbrush.

4.

All other high quality terrestrial ecosystems per Washington Natural Heritage Program. Projects affecting these areas will require mitigation sequencing, as demonstrated through the preparation of a biological site assessment in consultation with the Washington Natural Heritage Program.

C.

The Admiralty Inlet Natural Area Preserve contains rare plants and plant communities, including a rare coastal forest type. Because of its vulnerability to blowdown from windstorms, the southern portion of the forest shall have a 100-foot buffer which shall be increased as necessary to protect the forest's ecological functions and values.

D.

All other FWHCA shall be protected on a case-by-case basis depending on the vulnerable resource and proposed activity or development.

E.

Buffers shall be established adjacent to FWHCA as necessary to protect the ecological integrity, structure and functions of the resource from development induced impacts. Buffer widths shall reflect the sensitivity of the species or habitat present and the type and intensity of the proposed adjacent human use or activity.

F.

The Planning Director shall determine the appropriate buffer for FWHCA other than streams based on best available science and the following guidance:

F.

If in reviewing the BSA and proposal, the County determines that impacts to a protected species or habitat may occur as a result of a proposal, a habitat management plan (HMP) may be required. An applicant may either use a standard HMP maintained by the County (if available) or may choose to complete an HMP for a site-specific analysis to better determine the impact to habitat and to determine the appropriate buffer width for the proposed development based on the site-specific analysis. The preparation and submission of this report is the responsibility of the applicant and subject to approval by the County. The report shall rely on best available science and shall be prepared by a qualified professional.

G.

The HMP may be combined with the BSA. The HMP must be consistent with the management recommendations adopted by the Washington Department of Fish and Wildlife, and the specific attributes of the affected properties, such as, but not limited to, property size and configuration, surrounding land use, and the practicability of implementing the HMP, and the adaptation of the species to human activity.

H.

Standard habitat management plan. Where the County has developed a standard HMP, the applicant may either accept and sign the standard HMP or prepare his or her own HMP pursuant to subsections D. and E. From time to time as the lists of protected species and species of local importance are amended, the County may develop additional standard HMPs, modify adopted standards; and/or delete HMP requirements.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-71-16 [PLG-008-16], § II(Exh. A), 6-23-2016; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-53-21 [PLG-005-21], Exh. A, 8-17-2021)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.430 from "Protection standards—Other fish and wildlife habitat conservation areas" to read as herein set out.

A.

Any proposed development or activity that would result in an adverse alteration to or impact on a species or habitat of local importance, as defined in section 17.02B.060 and listed in section 17.02B.230, shall be subject to review on a case-by-case basis by the Planning Director.

B.

If the Planning Director determines that the scope or timing of the proposal may create or result in an adverse impact or adversely affect a habitat or species of local importance, the Planning Director shall have the authority to require an assessment of the effects of the alteration on habitats and species of local importance and may require preparation of a BSA consistent with the requirements of section 17.02B.400.B.

C.

The Planning Director shall also have the authority to require the preparation of a HMP, consistent with the requirements of section 17.02B.430.G. which must be approved by the Department of Fish and Wildlife and signed by the landowner prior to issuing a permit for the proposed activity.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.440 from "Additional provisions—Habitat and species of local importance" to read as herein set out.

A.

Fish and wildlife habitat conservation areas and their buffers which are located entirely within shoreline jurisdiction shall be regulated and protected by the Island County Shoreline Master Program (subject to the provisions of section 17.02B.040.B.).

B.

Where a FWHCA is located within shoreline jurisdiction but its associated buffer, or a portion of its associated buffer, extends beyond shoreline jurisdiction, the buffer or setback identified in this chapter shall be applied to all buffer areas outside of shoreline jurisdiction.

C.

Development occurring outside of shoreline jurisdiction but within a buffer established by this section shall only be permitted if such development can be authorized as an exempt activity or permitted alteration, or if such development is authorized by a critical areas variance.

D.

Development at the top of bluffs where the bluff crest is outside of shoreline jurisdiction, or where the development will take place outside of shoreline jurisdiction, shall be setback adequately from the bluff crest to account for 100 years of erosion in the absence of a bulkhead or shoreline armoring. For all such development the following conditions must be satisfied prior to permit approval:

1.

A report prepared by a licensed geologist or geotechnical engineer shall be submitted which documents and quantifies the following:

a.

The rate of expected erosion; and

b.

The setback necessary to ensure compliance with this requirement.

2.

A declaration or covenant shall be recorded which clearly identifies all known risks and permit conditions, and which clearly states and acknowledges that no bulkhead or shoreline armoring shall be constructed or installed on the development site or property.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, changed the title of § 17.02B.450 from "General standards—Fish and wildlife habitat conservation areas adjacent to shorelines" to read as herein set out.

A.

Land use intensity. The appropriate buffer for a wetland will, in part, be determined based on the intensity of a development proposal. Land use intensity shall be determined by the Planning Director on a case-by-case basis for development proposals that contain or are affected by a wetland or wetland buffer. The land use intensity worksheet from the wetlands identification guide shall be submitted with all development proposals on a lot that contains or is affected by a wetland or wetland buffer and will be used by the Planning Director in the determination of land use intensity. The Planning Director shall determine land use intensity as follows:

1.

High intensity.

a.

All uses and structures located on lots less than one (1) acre in size shall typically be classified initially as high intensity.

b.

All non-residential uses and structures located on lots equal to one (1) acre but less than five (5) acres in size shall typically be classified initially as high intensity.

c.

For residential uses and structures:

i.

More than ten (10) percent of the lot is covered with an impervious surface; or

ii.

The cleared area exceeds the following thresholds:

2.

Medium intensity.

a.

All non-residential uses and structures located on lots equal to or greater than five (5) acres in size shall typically be classified initially as medium intensity.

b.

All residential uses and structures that do not meet the cleared area and impervious surface ratios established for high and low intensity uses shall typically be classified initially as medium intensity.

3.

Low intensity.

a.

For residential uses and structures:

i.

Less than five (5) percent of the lot is covered with an impervious surface; and

ii.

The cleared area exceeds the following thresholds:

b.

Low intensity uses and structures shall adhere to the following standards:

i.

Structures, patios and decks shall be set back fifteen (15) feet from the outer edge of the buffer; and

ii.

Exterior lighting fixtures shall comply with the lighting standards of chapter 17.03 and shall be shrouded and directed away from the wetland or wetland buffer; and

iii.

Fertilizers, pesticides and herbicides shall not be applied in a manner that adversely impacts wetland functions or wetland buffers; and

iv.

Storm water from impervious surfaces shall be controlled before it reaches the wetland buffer.

4.

Intensity determinations will consider the potential adverse impacts to wetland functions expected to be caused because of site-specific characteristics and the orientation or location of the proposed use or structure in relation to the wetland. For example, the development proposal may qualify as low intensity under subsection 3. However, topography or soils and site location or design of the proposed structures may potentially generate adverse impacts to wetland functions. Therefore, if it is not modified by the applicant, the development proposal may be finally classified by the Planning Director in a medium or high intensity classification.

5.

When a development proposal contains more than one (1) use or structure and the uses or structures are of differing land use intensity, the development proposal shall be classified in the intensity classification that provides the greatest protection to the critical area.

B.

Wetland classification system. Wetlands shall be classified by the Planning Director based on the type of wetland and buffers will be established by the Planning Director based on the wetland classification. The classification that provides the greatest protection shall be used for wetlands that exhibit the characteristics of more than one (1) type. The field indicator's worksheet or a wetland report will be used by the Planning Director as well as the County's wetland maps and site investigations to determine the appropriate wetland classification.

C.

Wetland buffers. Generally, habitat and water quality are specific wetland attributes used to establish a wetland buffer. Special buffers have been established for bogs, coastal lagoon wetlands and wetlands located within the delta estuary. Buffers have also been established specifically for estuarine wetlands that are not coastal lagoon wetlands and delta estuary wetlands. These wetlands are either very rare, sensitive and/or are particularly important for anadromous fish. For all other wetlands both habitat and water quality buffers must be determined and the larger of the two (2) will be the buffer that applies. Water quality buffers shall be established based on the wetland's sensitivity to disturbance, wetland type and the land use intensity proposed by a development proposal. Habitat buffers shall be established using a habitat rating system and land use intensity. The habitat rating system shall allow a property owner and/or a wetlands professional to evaluate the character and relative quality of habitat located on his/her property for wetland dependent species. The habitat rating system is included in the wetland buffer worksheet contained in the wetland identification guide. This worksheet shall be submitted with all development proposals on a lot that contains or is affected by a wetland or wetland buffer. Buffers are set forth in Tables 1 through 4 below.

Buffer widths are presumed to be vegetated with native and/or non-native plant species that are adequate to protect wetland functions. If buffer vegetation is determined by the Planning Director to be inadequate to protect wetland functions, then if practical and reasonable, buffer vegetation shall be re-established, rehabilitated and/or enhanced so that it is adequate to protect wetland functions. Otherwise, expansion of the buffer may be required pursuant to this section.

1.

Unless the activity or use is covered by section 17.02B.300 or section 17.02B.310, vegetated buffers shall be required as follows:

a.

For regulated Category A, B, C and D wetlands less than 1,000 square feet in size and regulated Category E wetlands less than 5,000 square feet in size, the required buffer shall be fifteen (15) feet with a fifteen-foot setback for buildings and structures.

b.

For Category A, B, C and D wetlands 1,000 square feet or larger in size and Category E wetlands 5,000 square feet or larger in size, the required buffer shall be as set forth in Tables 1 through 4.

c.

A required wetland buffer shall not exceed 300 feet.

2.

The applicable buffer can be determined using the following steps:

a.

Step 1: Have the County establish the wetland type and the wetland size to determine whether a buffer is required.

b.

Step 2: Have the County determine the land use intensity of the development proposal and the wetland's contributing area.

c.

Step 3A: For wetlands regulated by this chapter that are under 1,000 square feet in size, use the fifteen-foot buffer plus fifteen-foot setback required under subsection 1.a. above.

Step 3B: For bogs, coastal lagoon wetlands, delta estuary wetlands and other estuarine wetlands, the required buffer can be determined from Table 1.

Step 3C: For all other wetland types, determine the habitat rating for the wetland. If the score is twenty-two (22) or higher, then use Table 2 to determine the required buffer. If the habitat rating is less than twenty-two (22), then go to step 4.

d.

Step 4: Determine whether the wetland has a surface water outlet and determine the slope gradient between the development proposal and the wetland.

e.

Step 5: Determine the applicable water quality buffer using Tables 3 and 4.

f.

Step 6: Determine whether any buffer modification standards are applicable.

g.

Step 7: Determine which buffer is larger. If the habitat buffer is larger then apply it to the entire wetland. If the water quality buffer is larger then apply it to the contributing area and apply a twenty-foot buffer to the non-contributing area.

3.

Buffers are established in Table 1 for bogs, coastal lagoon wetlands, delta estuary wetlands and other estuarine wetlands.

4.

Habitat buffers for wetlands not covered by Table 1 shall be determined based on the score achieved through the County's habitat rating system. The wetland buffer worksheet contained in the wetland identification guide shall be submitted with all development proposals that are on land that contains or is affected by a wetland or wetland buffer and will be used to assist the Planning Director in the determination of the applicable habitat buffer. Habitat buffers are established in Table 2.

5.

Water quality wetland buffers for wetlands that are not covered by Tables 1 or 2 are established in Table 3. For development proposals on lots that have a percent slope of five (5) percent or greater between the development proposal and the wetland, the water quality buffer from Table 3 will need to be adjusted using Table 4.

6.

Visible evidence of an outlet is required to determine that a wetland has an outlet. If the presence of an outlet is unclear or uncertain, then the presumption will be that a wetland does not have an outlet.

7.

For development proposals on lots that are sloped between the development proposal and the wetland, the water quality wetland buffer established in Table 3 shall be increased using the following multipliers:

8.

Water quality buffers established in Table 3 and 4 shall apply only to a wetland's contributing area. For the non-contributing area of a wetland, the buffer shall be twenty (20) feet in width.

9.

Except for mitigation banks, no buffers shall be required for voluntary wetland and wetland buffer improvement projects.

10.

For wetlands regulated by this chapter, mitigation shall be required when the approved alteration of any wetland or wetland buffer cannot be restored.

11.

Permissible maintenance activities for wetland buffers shall be specified in the approval conditions for a development proposal. Otherwise buffers shall remain undisturbed or, if re-established, rehabilitated, created or enhanced, in the condition established after completion of the approved activity.

D.

Wetland buffer modification. After applying the critical area review criteria set forth in this section, the Planning Director shall have the authority to modify wetland buffers on a case-by-case basis.

1.

A required wetland buffer may be reduced when a legally established road crosses a wetland buffer and the reduction will not adversely affect wetland functions as documented in a wetland report.

2.

In lieu of a buffer reduction, buffer averaging may be approved when:

a.

The total area contained in a buffer after averaging is not less than that which would be contained within the buffer if buffer averaging was not permitted; and

b.

Buffer averaging will not adversely affect wetland functions as documented in a wetland report.

3.

For a Category A and B wetland, a buffer modification under subsection 1. or 2. above shall not reduce the buffer to less than seventy-five (75) percent of the otherwise required buffer or thirty-five (35) feet, whichever is greater.

4.

For a Category C, D and E wetland, a buffer modification shall not reduce the buffer to less than seventy-five (75) of the originally required buffer. An additional reduction, up to but not to exceed fifty (50) percent of the originally required buffer, may be granted through affirmative Planning Director decision, based on an evaluation of the Wetland Report for the following:

a.

No additional impact on the wetland will occur; or

b.

Other factors (such as slope, soil chemistry, soil structure, and/or plant community) indicate the proposed variable buffer width would result in more effectively addressing habitat fragmentation or protection of the wetland-dependent species; and

c.

The buffer shall be enhanced with the planting of native shrubs.

In no case shall a buffer be reduced to less than twenty (20) feet.

5.

A wetland buffer may be increased when:

a.

The increase is needed to protect wetland functions; or

b.

Buffer vegetation is inadequate to protect wetland functions and buffer re-establishment, rehabilitation or enhancement is not practical and reasonable; or

c.

The wetland has a small contributing area; or

d.

The wetland is a relict bog; or

e.

For sloped lots, the sloped area between the development proposal and the wetland contains highly erodible soils.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

See chapters 11.02 and 11.03.

(Ord. No. C-75-14 [PLG-006-14], Exh. B, 9-22-2014; Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

See chapter 14.02.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

See chapters 8.09 and 11.01.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

For general mitigation requirements see section 17.02B.080.

A.

Mitigation for individual projects may include a sequenced combination of the above measures as needed to achieve the most effective protection or compensatory mitigation for critical area functions.

B.

When a proposal will have an impact on a critical area or its buffer a mitigation plan shall be prepared.

C.

Mitigation plans shall be based on a scientifically valid assessment of critical area functions. Mitigation ratios shall be greater than 1:1 in spatial extent (area) when necessary to compensate for temporal losses, uncertainty of performance, and differences in functions and values. Mitigation may be on-site or off-site. For off-site mitigation to be accepted, the project proponent must demonstrate that greater function and value can be achieved off-site than on-site.

D.

Out-of-kind mitigation is not acceptable for impacts to priority habitats and species or wetlands, with the following exceptions:

1.

Protected habitats and species that are at greater risk can be substituted for impacted protected habitats and species; and

2.

In consultation with Washington Department of Fish and Wildlife and affected tribes, the Planning Director may consider off-site and/or out-of-kind mitigation where equal or better biological functions and values are provided. Protected habitats, and habitats of protected species, may be replaced at a level greater than the impacts of the project on those habitats and species.

3.

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

E.

Mitigation shall be completed concurrent with or within one (1) year following the alteration. An approved certificate of occupancy shall be contingent upon completion of such mitigation. Mitigation that requires more than three (3) years to reach replacement value shall include additional habitat value (over and above replacement value) equal to the loss through time. Construction of mitigation projects shall be timed to minimize impacts to plants and animals. The Planning Director may adjust timing requirements to allow grading, planting, and other activities to occur during the appropriate season(s).

F.

Mitigation, monitoring, and adaptive management plans must be developed by a qualified professional, unless at the applicant's request, the Planning Director agrees that small scale, easily implemented compensatory mitigation can be prescribed by the Planning Director. Such small scale compensatory mitigation may be prescribed by the Planning Director, where detailed plans are unnecessary for successful project implementation, and where ongoing monitoring is unnecessary. Mitigation, monitoring, and adaptive management plans shall be reviewed and approved by the Planning Director. For projects exempt from biological site assessment requirements under section 17.02B.400.A.2., no mitigation plan shall be required.

G.

Preparation of mitigation, monitoring, and adaptive management plans, and their review by the County, shall be at the applicant's expense. If review by a third party is necessary because of the complexity of the plans or apparent error, the Planning Director may require advance payment of fees for this review based on the estimated review time.

H.

The mitigation site shall be protected in perpetuity. This protection shall be through conservation easement, deed restriction, donation to an approved conservation organization, or other legally binding method.

I.

Mitigation plan approval criteria. Approval of mitigation plans shall be based on conformance with the following criteria:

1.

The application includes the applicable items listed in section 17.02B.500.

2.

Mitigation is authorized or required by this Code.

3.

Proposed development is designed and located in such a way as to avoid adversely impacting the functions and values of critical areas, considering the best available science (as defined in WAC 365-195-905). If adverse impacts cannot be avoided, then they must be fully mitigated so that there will be no net loss of critical area functions and values, considering the best available science.

4.

Removal of noxious weeds or invasive species as part of a mitigation plan shall be consistent with chapter 8.28, as well as chapter 17.10 RCW and chapter 16-750 WAC.

5.

The mitigation plan shall be a written report that includes the following information:

a.

A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;

b.

A review of the science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed;

c.

An analysis of the likelihood of success of the compensation projects;

d.

The habitat or wetland functions and value is being replaced at a greater than 1:1 ratio where necessary to account for temporal losses or differences; and

f.

Written specifications and descriptions of the mitigations proposed, such as:

i.

The proposed construction sequence, timing, and duration;

ii.

Grading and excavation details;

iii.

Erosion and sediment control features;

iv.

A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

v.

Measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.

J.

Recording of approved plan and notice to title. The County shall require the applicant to record a copy of the approved mitigation plan, along with a notice to title referencing the plan. The recorded notice shall describe the type of critical areas found on the property and any restrictions or conditions imposed by the Planning Director.

K.

In order to prevent a loss of critical area functions and values due to the failure of a mitigation plan, the Planning Director shall require monitoring for a period necessary to establish that performance standards have been met. The mitigation plan shall include monitoring elements to ensure certainty of success for the project's critical area functions and values. In the event of failure of a mitigation plan, the Planning Director may require the following additional actions or monitoring including:

1.

Contingency plan. A plan which complies with the requirements of section 17.03.260.I.1. shall be required by the Planning Director to outline restorative measures to be taken should the mitigation fail or only partially succeed and may require additional monitoring.

2.

Bonding. A performance bond or other security, if approved by the Planning Director, shall be required in an amount sufficient to enable the County to carry out the mitigation plan should the applicant fail to do so.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, repealed former § 17.02B.500 in its entirety and enacted new provisions to read as herein set out. Former § 17.02B.500 pertained to habitats and species of local importance nomination process, and derived from Ord. No. C-75-14 [PLG-006-14], Exh. B, adopted Sept. 22, 2014.

A.

Wetland mitigation standards.

1.

Wetland alterations. No alteration of a Category A wetland is permitted unless the activity or use is covered by section 17.02B.300 and section 17.02B.310. Alteration of Category B, C, D and E wetlands may be permitted only after applying the review criteria set forth in section 17.02B.460.

2.

Mitigation. Mitigation for approved wetland alterations that cannot be restored shall occur in the following order of preference:

a.

Re-establishing wetlands on sites that were formerly wetlands. These sites commonly exist on soils classified as hydric by the NRCS;

b.

Rehabilitating wetlands by restoring natural and/or historic wetland functions;

c.

Creating or establishing wetlands on upland sites such as those consisting primarily of non-native, invasive plant species or to expand an existing wetland;

d.

Enhancing degraded wetlands;

e.

Providing a fee established by the County in lieu of on-site or off-site mitigation; or

f.

Preserving, protecting or maintaining Category A, B, C or D wetlands that are under imminent threat of significant and undesirable ecological change. Provided that, preservation shall only be allowed on sites in the altered wetland's watershed; and when the Planning Director determines that the overall mitigation plan replaces the wetland functions lost due to the development proposal with improved wetland functions.

3.

Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. The mitigation plan shall include monitoring elements to ensure certainty of success for the project's wetland area functions and values.

4.

Buffer alteration. Compensatory mitigation for any approved wetland buffer alteration that cannot be restored as required by section 17.02B.460 shall be determined by the Planning Director on a case-by-case basis. Buffer mitigation may include any action that can achieve equal or improved wetland functions. When enhancement of the altered buffer is not practical or reasonable, mitigation preferences will otherwise be the same as for wetland mitigation.

5.

Mitigation by re-establishing, rehabilitating, creating, enhancing or preserving wetlands or wetland buffers should be completed in advance of activities that will disturb wetlands whenever practical and reasonable and must be based on a mitigation plan approved by the Planning Director. If mitigation is not completed in advance, then it should be completed before completion of the approved development proposal. Otherwise, mitigation shall be completed within one (1) year of the decision to require mitigation.

B.

Wetland mitigation ratios.

1.

Compensatory mitigation for approved wetland alterations shall be based on the wetland category, the type of mitigation activity proposed, and the magnitude of the alteration. Mitigation shall be determined according to the ratios provided in Table 5 below.

2.

Mitigation ratios for wetland preservation shall be determined by the Planning Director on a case-by-case basis. Generally, the mitigation ratio for preservation will be greater than 20:1 because preservation is the last priority mitigation option. However, preservation of a higher category wetland would allow the mitigation ratio to be reduced. A lower ratio may also be allowed when preservation is combined with other types of mitigation.

3.

Unless the activity is voluntary, a site for a wetland that is re-established, rehabilitated, created, enhanced, or preserved shall have adequate room for the buffer required under this chapter.

4.

The Planning Director shall have the authority to reduce the wetland mitigation ratios by up to forty (40) percent when the proposed mitigation:

a.

Has a very high likelihood of success based on experience with similar mitigation projects; or

b.

Will provide more significant wetland functions than the functions of the wetland being altered as documented in a wetland report.

5.

Mitigation ratios for approved wetland buffer alterations shall be determined by the Planning Director on a case-by-case basis. Generally, the mitigation ratio shall be at a 1:1 ratio but shall be established based on the nature and extent of the buffer intrusion and the wetland type and wetland functions. Mitigation ratios shall be greater than 1:1 in spatial extent (area) when necessary to compensate for temporal losses, uncertainty of performance, and differences in functions and values.

6.

The Planning Director shall also determine, on a case-by-case basis, mitigation ratios for temporary alterations of wetlands or wetland buffers and the conversion of a wetland from one (1) wetland type to another. Generally, these ratios will be one-quarter (¼) (temporary alteration) to one-half (½) (conversion to another wetland type) of the ratios for permanent alterations.

C.

Wetland mitigation plan. Unless a fee in-lieu of mitigation is allowed, wetland mitigation shall be based on a specific plan. If requested by an applicant, the County shall prepare the mitigation plan for a single family dwelling or accessory structure including development proposals reviewed under section 17.02B.310. Otherwise, the mitigation plan shall be prepared by the County or a wetland professional. Typically, a wetland mitigation plan shall include the following:

1.

The plan shall be based on applicable portions of the Wetland Mitigation in Washington State - Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised) or other appropriate guidance document.

2.

Typically, if a wetland report is prepared, and an alteration is proposed or buffer modification requested, then the mitigation plan shall be included with the wetland report. The plan shall contain sufficient information to demonstrate that the proposed activities are practical and reasonable, ecologically sustainable and likely to succeed. Unless the Planning Director establishes the scope and content of a mitigation plan, the plan shall include:

a.

A detailed description of the proposed mitigation and the rationale for the selection of the mitigation site. If off-site mitigation is proposed, an explanation of why on-site mitigation is not practical and reasonable;

b.

An assessment of existing site conditions for the mitigation site including vegetation type, structure and composition; topography, hydrology and soil conditions; existing wetland functions if any; and for off-site mitigation, an estimate of future conditions of the site should mitigation not occur;

c.

A grading and planting plan showing proposed post-construction topography hydrologic patterns, spacing and distribution of plants, species, actions to provide or improve habitat, size and type of proposed plant stock, irrigation and other information that is relevant to the proposed mitigation;

d.

A management plan that includes mitigation goals, benchmarks and review criteria; site treatment measures for the maintenance of the mitigation; and legal documents to be recorded by the County after approval of the plan;

e.

A monitoring plan that specifies the standards and time period that will be used to monitor whether the mitigation is successful; and

f.

A contingency plan that establishes the actions that will be taken should monitoring identify that the mitigation is not achieving the established benchmarks.

3.

All mitigation projects shall be monitored, typically by the applicant, for a time period necessary to establish that mitigation goals and benchmarks have been met. The monitoring time period shall be established based on the type, complexity and uncertainty of the proposed mitigation. Five (5) years of monitoring will usually be the minimum required to establish whether mitigation has successfully achieved equal or improved wetland functions. Ten (10) years may be typical for re-establishment, rehabilitation or creation.

4.

Reports shall be submitted at a frequency established by the Planning Director for the monitoring time period to document the achievement of mitigation goals and benchmarks and recommended actions relating to the mitigation.

D.

Off-site Mitigation. When off-site mitigation for the alteration of a wetland is authorized, the Planning Director shall give first priority to locations within the same contributing area and second priority to locations within the same watershed. The Watershed Characterization Maps priority areas for restoration and protection (produced as a part of the Existing Conditions Report for the 2016 Periodic Update) will be considered as a part of evaluating priority areas for off-site mitigation. Locations outside the watershed may be considered only if the Planning Director determines that first and second priority locations are not practical and reasonable for off-site mitigation. Mitigation banks may also be established to allow off-site mitigation to compensate for alteration of a wetland or wetland buffers. Specific standards and procedures for establishing a wetland mitigation bank are in subsection F.

E.

The Department may also develop a program for wetlands and streams to allow payment of a fee in lieu of providing on-site or off-site mitigation. The fee program should be available for use when on-site or off-site mitigation is not practical and reasonable. A fee in lieu of on-site or off-site mitigation is also appropriate when greater ecological benefits can be achieved through the use of fees. The mitigation fee program shall include:

1.

The specific circumstances when payment of a mitigation fee will be permitted;

2.

The structure or method for calculating the amount of the mitigation fee; and

3.

The specific procedures for establishing locations and wetland categories or types where or for which mitigation fees may be used.

F.

Wetland mitigation banks. The County may approve mitigation in advance of development proposals through an approved mitigation bank. Mitigation banks may be approved by the County when:

1.

The bank is certified by the Washington State Department of Ecology;

2.

The Planning Director determines that the wetland mitigation bank provides appropriate compensation for the authorized alteration;

3.

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

4.

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

5.

Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, the service area of the bank may include portions of more than one (1) adjacent drainage basin for specific wetland functions.

6.

The Watershed Characterization Maps (produced as a part of the Existing Conditions Report for the 2016 Periodic Update) priority areas for restoration and protection will be considered as a part of evaluating and identifying priority areas for mitigation bank.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017)

Editor's note— Ord. No. C-86-17 [PLG-009-17], Exh. A, adopted Aug. 15, 2017, repealed former § 17.02B.510 in its entirety and enacted new provisions to read as herein set out. Former § 17.02B.510 pertained to designated habitats and species of local importance, and derived from Ord. No. C-75-14 [PLG-006-14], Exh. B, adopted Sept. 22, 2014; Ord. No. C-71-16 [PLG-008-16], § II(Exh. A), adopted June 23, 2016.

A.

General. Monitoring surface water quality is important for determining whether exemptions and uses permitted under this chapter, including existing and on-going agricultural activities, are adversely affecting critical areas as evidenced by exceedances in water quality standards. Commencing in 2006, the Planning Director shall implement an interdepartmental surface water quality monitoring program and shall report on monitoring to the public, state agencies and the Board of Island County Commissioners (BOCC) as part of the annual comprehensive plan review process. The foundation of the monitoring program is based upon the DRAFT Water Quality Data Synthesis and Recommendations for a Surface Freshwater Monitoring Program, dated January 18, 2006 by Dr. Paul Adamus and Island County (the Adamus Report). Baseline monitoring, as recommended in the Adamus Report, was conducted between 2006 and 2016. Thus having collected sufficient baseline monitoring data, the water quality monitoring program shall shift to trend monitoring and source identification as recommended in the Adamus Report.

B.

Purpose. The primary focus of the County's surface water quality monitoring program is to detect and respond to potential sources of contamination of surface water that are adversely affecting critical areas as evidenced by exceedances in water quality standards. The sources of concern include, but are not limited to, non-point source contaminants from uses allowed in the rural area of the County.

C.

Guiding principles. The following principles shall be used to guide implementation of the surface water quality monitoring program and adaptive management actions that are used by the County to address adverse effects to designated critical areas as evidenced by exceedances in water quality standards.

1.

The County will carry out a surface water quality monitoring plan that focuses on trend monitoring and source identification. The plan will contain a detailed description of program goals, monitoring, and reporting methods.

2.

The County will annually review the monitoring plan, revise as needed, and reprioritize monitored watersheds.

3.

Water quality results will be reported interdepartmentally to inform applicable adaptive management decisions. Water quality data will also be reported to the public, BOCC and state and federal agencies as needed.

4.

Water quality data may trigger compliance assessment and/or source identification when data reliably documents ongoing exceedances of surface water standards.

5.

Monitoring shall utilize the best available "peer reviewed" protocols for sampling, generally including those recommended by the Washington State Department of Ecology and the United States Environmental Protection Agency.

6.

Except when authorized pursuant to chapter 17.03.260.A., access to private property to conduct baseline monitoring and source identification shall only occur if the property owner voluntarily consents in writing to such access.

7

All property owners must comply with state water quality standards and the Washington State Department of Ecology is charged with the responsibility to initiate enforcement actions when such actions are required under state law. The County will use adopted water quality standards to identify exceedances in accordance with WAC 173-201A and is responsible for addressing adaptive management actions that may be required under this chapter to ensure that agricultural best management practices are effective.

8.

The monitoring program shall be conducted in a manner that encourages the involvement of property owners and voluntary compliance.

D.

Baseline monitoring. The goal of the County is to establish baseline surface water quality conditions Countywide within five (5) years of the commencement of the water quality monitoring program has been completed. The County will continue to monitor baseline sites, to assist in identifying areas of exceedances of state water quality standards.

1.

Monitored parameters may be changed by the BOCC based on data from baseline monitoring; changed standards of state or federal agencies; or the need to assess the potential adverse effect of unlisted parameters on critical areas.

E.

Source identification.

1.

Generally, source identification will be initiated after monitoring has identified parameters that exceed County adopted water quality standards.

2.

Types of source identification shall include in order of typical use:

a.

Increase the compilation and analysis of existing data;

b.

Increase the number and changing the location of monitoring sites;

c.

Increase the frequency and changing the timing of monitoring; and

d.

When the above actions prove insufficient, utilize new monitoring methods such as DNA analysis, optical brighteners, tracing, or other specialized methods.

F.

Water quality standards, and trends.

1.

Water quality standards are specific measures for a monitoring parameter that, if exceeded, will require immediate action by the County to identify the source of the contaminant. Compliance assessment will typically be the first step taken after an exceedance is identified. Source identification will usually be the second step.

2.

Water quality trends are established through monitoring a parameter over time. Typically, data are assessed to determine whether a trend exists in a particular watershed after baseline monitoring in that watershed has been completed. Not all monitoring parameters will have adopted trends. A worsening or improving trend may serve as a basis for initiating source identification and/or adaptive management actions, while an improving trend may serve as a basis to reduce regulations.

3.

The water quality standards for perennial streams set forth by the Washington State Department of Ecology in WAC 173-201A, as amended, shall be used to guide implementation of the water quality monitoring program.

G.

Adaptive management. Monitoring provides information used by the County to assist in determining the effectiveness of the County's critical area regulations and BMPs applicable to existing and ongoing agriculture. The adaptive actions that may be triggered could be to make County regulations and BMPs more stringent, less stringent or leave them unchanged. All three (3) outcomes are possible. Adaptive management actions to address adverse effects to designated critical areas as evidenced by exceedances of water quality standards shall conform to these guiding principles:

1.

Adaptive actions initiated by the County to address adverse effects to designated critical areas as evidenced by exceedances of water quality standards when the source of the contamination cannot be identified shall usually be through legislative changes in critical area regulations typically applied county-wide and applicable to new and not existing uses.

2.

When specifically authorized by this chapter, the Planning Director may order a property owner(s) to modify BMPs being used by existing and ongoing agriculture only when it has been determined through source identification that site- or area- specific management practices need to be modified to address adverse effects to designated critical areas as evidenced by water quality exceedances.

3.

Any order directing that BMPs be modified may be appealed to the hearing examiner by a property owner that is required to modify management practices. Appeals will be governed by this chapter and chapter 16.19.

4.

Enhancement or restoration projects initiated by the County to address adverse effects to designated critical areas as evidenced by water quality contamination from existing uses shall conform to the conditions established in the multi-species salmon recovery plan adopted by the Board of Commissioners in May 2005.

5.

Adaptive management shall follow the steps set forth below:

a.

Step 1—Compliance assessment/source identification. Compliance assessment is the first adaptive management action the County will initiate after water quality monitoring indicates exceedance(s) of a standard(s). The purpose of the assessment is to determine whether there is compliance with applicable critical area regulations and/or BMPs are being used. When compliance assessment shows that required BMPs have been implemented and are in conformance with critical area requirements, then source identification monitoring may also be initiated to determine the source(s) of the exceedance(s).

b.

Step 2—Education. If the County determines that an exceedance in a water quality standard is, at least in part, attributable to non-compliance with applicable critical area regulations or failure to implement BMPs, the County will initiate actions to secure voluntary compliance.

c.

Step 3—Enforcement. If reasonable efforts to achieve voluntary compliance are not successful, then the County will initiate enforcement actions under sections 17.02B.110 and 17.03.260.

d.

Step 4—Site specific change in BMPs. If specifically authorized by section 17.02B.400-490, the Planning Director may require a property owner or owners to modify BMPs applicable to existing and ongoing agriculture, to on-site septic systems and other residential uses.

i.

This step may be taken when the County determines that specific site conditions on a specific property require a change in BMPs.

ii.

This step shall be taken only when adverse effects to designated critical areas are evidenced by exceedances of adopted water quality standards. Any action to initiate site or area specific modification of Ag BMPs will be based on recommendations from conservation districts, NRCS and/or a certified farm planner.

iii.

This step shall be limited to modifications of BMPs that have been required by this chapter.

iv.

An order of the Planning Director to modify BMPs may be appealed to the hearing examiner by the affected party and, if appealed, the County shall have the burden of demonstrating that the change(s) in BMP(s) is needed to address the exceedance in adopted water quality standards. Appeals will be governed by chapter 16.19.

e.

Step 5—Modification of critical area regulations. This step shall be initiated when monitoring indicates adverse effects to designated critical areas as evidenced by water quality standards and/or thresholds are being exceeded and a change in regulations that are applicable County-wide is needed to address the exceedance. Modifications may also be made if monitoring indicates that less stringent standards are appropriate. Any modification of critical area regulations will be based on best available science.

H.

Reporting. The County will produce annual reports and make them available to the public and state agencies. These reports will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues, if any, identified during the reporting period as well as the following additional information:

1.

A description of all compliance assessments and source identification actions taken during the reporting period.

2.

A description of educational outreach actions as well as enforcement actions taken during the reporting period.

3.

A description of any actions taken to modify BMPs on a site or area specific basis.

4.

A discussion of watershed monitoring priorities for the next reporting period.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-55-18 [PLG-002-18], Exh. A, 5-8-2018)

Monitoring is an important assessment of the County's CAO ability in achieving the goals and policies set forth in the Island County Comprehensive Plan for Critical Areas. In 2006, the County initiated a comprehensive water quality monitoring program focused on lakes and streams. This program is set forth in this chapter.

In addition to monitoring water quality for surface waters, the County has a parallel monitoring program for wetlands. The wetlands monitoring program has two (2) forms. First, a multi-year, science-based monitoring program to measure water quality in the County's wetlands. In addition to measuring water quality, the County monitors changes in wetland vegetation. Together, water quality and wetland vegetation is used to track changes in the health of wetlands located in Island County. These data will augment and expand on the work completed in 2006 by Dr. Paul Adamus and be documented in Wetlands of Island County, Washington - Profile of Characteristics, Functions and Health published by the County in August, 2006.

A.

Purpose. The primary purpose of the County's wetland monitoring program is to determine the overall health of a wetland. To do so, the County tracks both chemical indicators through measuring water quality and biological indicators by sampling wetland vegetation. These measures are used to evaluate the effectiveness of County regulations.

B.

Guiding principles. The following principles are used to guide the implementation of the wetland monitoring program and any adaptive management actions that are used by the County to address a decline in wetland health, should a decline, which is per se evidence of adverse effects to wetland health, be identified through the monitoring program.

1.

Vegetation monitoring as well as water quality monitoring shall be conducted in wetlands to which the County has been granted access, and which represent a range of surrounding land uses and buffer widths. Wetland vegetation monitoring will focus on measuring changes in the species composition and the surface area of herbaceous vegetation. Water quality monitoring will track change in water quality parameters. For a given wetland, change will be analyzed at five-year intervals. Changes in overall cover of woody vegetation will be interpreted from aerial imagery.

2.

The identification of the source or sources of the decline in wetland health shall generally follow after commencing monitoring. However, existing data may trigger compliance assessment and/or source identification when the existing data reliably documents an on-going decline.

3.

Both water quality and vegetation monitoring shall utilize the best available "peer reviewed" protocols for sampling and measuring contaminants and changes in wetland vegetation.

4.

Except when authorized pursuant to chapter 17.03.260.A, access to private property to conduct baseline monitoring or source identification shall only occur if the property owner voluntarily consents in writing to such access.

5.

If baseline monitoring identifies a significant elevation of water quality contaminants or more than a ten-percent increase in the percent cover of non-native herbaceous vegetation or more than a ten-percent change in species richness, the first step initiated by the County will typically be compliance assessment to determine whether a source or sources of the contamination or plant community change can be readily identified. Subsequently, the County may initiate source identification.

6.

The monitoring program shall be conducted in a manner that encourages the involvement of property owners and voluntary compliance. Educational outreach will be the first action taken by the County after compliance assessment or source identification determines that an exceedance is attributable to a specific source or sources.

7.

Adaptive actions initiated by the County to address unidentifiable sources of contamination and spread of non-native plants, which is per se evidence of adverse effects to wetland health, shall usually be through legislative changes in critical area regulations typically applied County-wide and applicable to new and not existing uses.

C.

Baseline monitoring. The goal of the County is to establish baseline conditions County-wide within five (5) years of the commencement of the wetland monitoring program.

1.

Monitoring parameters used by the County to establish baseline conditions shall include:

a.

Dissolved oxygen;

b.

Fecal coliform;

c.

Nitrate;

d.

pH;

e.

Phosphorus;

f.

Temperature;

g.

Turbidity;

h.

Conductivity;

i.

Hardness; and

j.

Wetland vegetation.

2.

The parameters listed above may be changed by the Board of Island County Commissioners from time to time based on: data from baseline monitoring; changed standards of state or federal agencies; or the need to assess the potential adverse effect of unlisted parameters on wetlands.

D.

Source identification.

1.

Generally, source identification is initiated only after baseline monitoring has identified contaminants that exceed County adopted water quality standards or thresholds or wetland vegetation monitoring shows signs of significantly diminished health of a wetland.

2.

Before baseline monitoring is completed, the County may initiate source identification in some watersheds, based on existing data.

3.

Types of source identification shall include in order of typical use:

a.

Increase the compilation and analysis of existing data;

b.

Increase the number of monitoring sites including wetland vegetation monitoring sites and/or change the location of monitoring sites;

c.

Increase the frequency of water quality monitoring or change the frequency of wetland vegetation monitoring; and

d.

When the above actions prove insufficient, implement different monitoring methods such as analysis of DNA, optical brighteners or other specialized tracing methods.

E.

Monitoring trends. Unlike surface water quality in lakes and streams, there is no general concurrence on appropriate standards or thresholds for wetlands. Therefore, the County's monitoring focus is on establishing a baseline and trends. These trends in both water quality and vegetation are established through monitoring a parameter over time.

F.

Adaptive management. Baseline monitoring and source identification provide information used by the County to assist in determining the effectiveness of the County's wetland regulations. The adaptive actions that may be triggered could be to make County regulations more stringent, less stringent or leave them unchanged. All three (3) outcomes are possible. Adaptive management actions to address worsening trends, which is per se evidence of adverseeffects to wetland health shall conform to the guiding principles set forth in subsection B. above and shall follow the steps set forth below:

1.

Step 1—Compliance assessment/source identification. Compliance assessment is the first adaptive management action the County will initiate after a decline in wetland health has been detected. The purpose of the assessment is to determine whether there is compliance with applicable critical area regulations. When compliance assessment shows conformance with critical area requirements, then source identification will be initiated to determine the source or sources of the worsening trend.

2.

Step 2—Education. If the County determines that decline in wetland health is, at least in part, attributable to non-compliance with applicable critical area regulations, the County will initiate actions to secure voluntary compliance.

3.

Step 3—Enforcement. If reasonable efforts to achieve voluntary compliance are not successful, then the County will initiate enforcement actions under chapter 17.03.

4.

Step 4—Modification of critical area regulations. This step shall be initiated when monitoring shows signs of declining wetland health attributable to County regulation; and, a change in regulations that are applicable County-wide is needed to address the decline in wetland health. Any modification of critical area regulations will be made after considering best available science.

G.

Wetland monitoring reports. The County shall produce annual reports on wetland monitoring as well as on activities and decisions relating to wetlands. The wetland monitoring reports will be similar in format to the water quality monitoring reports and be made available to state agencies and the public. These reports will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues, if any, identified during the reporting period as well as the following additional information:

1.

A description of any identified trends and all compliance assessments and source identification actions taken during the reporting period.

2.

A description of educational outreach actions as well as enforcement actions taken during the reporting period.

3.

A discussion of wetland monitoring priorities for the next reporting period.

4.

A description of approved development proposals that required a wetland alteration, including a description of wetland type, category, buffer, mitigation and monitoring.

5.

A review of the application of permitted alterations contained in section 17.02B.310.

6.

A review of activities and uses that are exempt under section 17.02B.300.

7.

A review of land use intensity determinations.

8.

A description of enforcement actions relating to wetlands.

9.

A description of any buffer modification decisions.

10.

A description of requested alterations, the action taken on the request and the reasons that support the action.

11.

A summary characterization of wetland health and the effectiveness of CAO regulations in implementing comprehensive plan goals and policies for wetlands.

(Ord. No. C-86-17 [PLG-009-17], Exh. A, 8-15-2017; Ord. No. C-55-18 [PLG-002-18], Exh. A, 5-8-2018)