(1)

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

(2)

Wetland Ratings. Wetland Types I—IV shall be rated according to the Department of Ecology's Washington State Wetland Rating System for Eastern Washington (Ecology 2014, as amended). This document contains definitions and methods for determining if specific criteria are met by a particular wetland. The City of Kennewick contains few wetland areas and most of these have been subject to disturbance in the past. The City has evaluated the most significant wetland areas that are known within the City Limits and its urban growth boundary under the Ecology Rating System. These include: the wetlands associated with Elliot Lake, Zintel Canyon drainage way, wetlands around 36th and Olympia, and 27th and Washington; and wetlands within Columbia Park and the Columbia River shoreline zone, including Duffy's Pond near Clover Island. These wetlands all classify as Category III Wetlands. This effort leads the City to believe that any additional wetlands that may occur within the City limits will rank as Category III Wetlands or as Category IV wetlands and that it is unlikely that higher quality wetlands occur in the City of Kennewick. Provisions have been provided for Category I and II wetlands, should there be a future determination these exist in Kennewick.

The Washington State Wetland Rating System for Eastern Washington (Ecology 2014) defines Category III wetlands as those wetlands that are: 1) vernal pools that are isolated, and 2) wetlands with a moderate level of functions (scores between 30 and 50 points); and Category IV wetlands are considered to be wetlands that have the lowest level of functions (scores less than 30 points) and are often heavily disturbed.

(3)

Mapping. The approximate location and extent of known wetlands are shown on the adopted critical area map (Exhibit 1, or the latest revision of this map). This information is to be used as a guide for the City, project applicants and/or property owners, and may be updated as new information becomes available. In some instances (uncertified boundaries), it is a reference and does not provide a final critical area designation.

The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional applying the Washington State Wetlands Identification and Delineation Manual as required by RCW 36.70A.175 (Ecology Publication #96-94).

(Ord. 5928, Sec. 1, 2021; Ord. 5206 Sec. 2, 2007)

The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in Section 18.58.110, and do not require submission of a critical area report, except where such activities result in the loss to the functions and values of a wetland or wetland buffer. These activities include:

(1)

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

(2)

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

(3)

Boat mooring.

(4)

Recreational and educational activities.

(5)

Research.

(Ord. 5206 Sec. 2, 2007)

(1)

Prepared by a Qualified Professional. A qualified professional shall prepare a critical areas report for wetlands. The City shall determine whether a person is a qualified professional based on criteria established in WAC 395-195-905(4).

(2)

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

(a)

The project area of the proposed activity;

(b)

All wetlands and recommended buffers within 200 feet of the project area (critical area reports should consider wetlands and other critical areas within 200 feet due to the maximum potential buffer recommended for wetlands); and

(c)

All shoreline areas, water features, floodplains, and other critical areas, and related buffers within 200 feet of the project area.

(3)

Wetland Analysis. In addition the minimum required contents of critical area reports in Section 18.58.140 and 18.58.150, a critical area report for wetlands shall contain an analysis of the wetlands including the following site and proposal-related information at a minimum:

(a)

A written assessment and accompanying maps of the wetlands and buffers within 200 feet of the project area, or one-half mile upstream or downstream if the wetland is a riverine wetland, including the following information at a minimum:

(i)

Wetland delineation and required buffers;

(ii)

Existing wetland acreage;

(iii)

Wetland category; vegetative, faunal, and hydrologic characteristics;

(iv)

Soil and substrate conditions; and

(b)

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

(c)

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

(i)

Existing wetland acreage and proposed impact area;

(ii)

Vegetative, faunal, and hydrologic conditions;

(iii)

Relationship within watershed and to existing waterbodies;

(iv)

Soil and substrate conditions, topographic elevations;

(v)

Existing and proposed adjacent site conditions;

(vi)

Required wetland buffers; and

(vii)

Property ownership.

(d)

A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs.

(4)

Additional Information May be Required. When appropriate, the City may also require the critical area report to include an evaluation by the Department of Ecology or an independent qualified expert regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, and to include any recommendations as appropriate.

(Ord. 5206 Sec. 2, 2007)

(1)

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

(2)

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

(3)

Wetland buffers.

(a)

Standard Buffer Widths. The standard buffer widths are based on wetland category, intensity of impacts, and wetland functions or special characteristics. The buffer is to be vegetated with native plant communities that are appropriate for the site conditions. If vegetation in the buffer is disturbed (grazed or mowed) proponents planning changes to land that will increase impacts to wetlands need to rehabilitate the buffer with native plant communities that are appropriate for the site conditions. The width of the buffer is measured in horizontal distance.

(b)

Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The buffer for a wetland created, restored, or enhanced as compensation for wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.

(Ord. 5206 Sec. 2, 2007)

When the acreage required for compensatory mitigation is divided by the acreage of impact, the result is a number known variously as a replacement, compensation, or mitigation ratio. Compensatory mitigation ratios are used to help ensure that compensatory mitigation actions are adequate to offset unavoidable wetland impacts by requiring a greater amount of mitigation area than the area of impact. Requiring greater mitigation area helps compensate for the risk that a mitigation action will fail and for the time lag that occurs between the wetland impact and achieving a fully functioning mitigation site.

(1)

Definitions of Types of Compensatory Mitigation. The ratios presented are based on the type of compensatory mitigation proposed (e.g., restoration, creation, and enhancement). In its Regulatory Guidance Letter 02-02, the U.S. Army Corps of Engineers provided definitions for these types of compensatory mitigation. For consistency, the authors of this document use the same definitions which are provided under Compensatory Mitigation in Section 18.58.010.

⁴ These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement.

(2)

Mitigation Maintenance and Monitoring. Mitigation areas will be maintained and monitored for a minimum of five years after the mitigation has been completed. Annual maintenance and monitoring reports will be submitted to the City and shall include:

(a)

Descriptive data for vegetation, soils, and hydrology;

(b)

Itemized list of dead, dying, and replaced vegetation;

(c)

Quantitative assessment of invasive species;

(d)

Descriptive photographs;

(e)

Statement of overall success of mitigation;

(f)

Schedule of activities for the next year of maintenance and monitoring.

The City may extend maintenance and monitoring for mitigation projects that fail to achieve performance standards outlined in the mitigation plan.

(Ord. 5206 Sec. 2, 2007)

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

(1)

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

(2)

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

(a)

Walkways and trails, provided that those pathways that are generally parallel to the perimeter of the wetland shall be located in the outer 25 percent of the buffer area;

(b)

Wildlife viewing structures; and

(c)

Fishing areas accessed by foot.

(3)

Stormwater Management Facilities. Stormwater management facilities are not allowed in buffers of Category I or II wetlands. Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer 25 percent of the buffer of Category III or IV wetlands only, provided that:

(a)

No other location is feasible; and

(b)

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

(4)

Subdivisions. The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following:

(a)

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

(b)

Land that is located partially within a wetland or its buffer may be divided provided that an accessible and contiguous portion of each new lot is:

(i)

Located outside of the wetland and its buffer; and

(ii)

Meets the minimum lot size requirements of the City zoning code (Title 18).

(c)

Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the City determines that no other feasible alternative exists in and when consistent with this Title.

(Ord. 5206 Sec. 2, 2007)