28.16.090 Compensatory mitigation.
As a condition of any development permit or approval, which results in on-site loss or degradation of regulated wetlands and/or wetland buffers, the City may require the applicant to provide compensatory mitigation to offset impacts resulting from the actions of the applicant. The following standards shall apply:
(1) The mitigation shall be conducted on property that shall be protected and managed to avoid further loss or degradation. The applicant shall provide for long-term preservation of the mitigation area.
(2) Mitigation ratios shall be consistent with the following Washington State Department of Ecology manual, Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006). See Table 28.16.120(3), Wetland Mitigation Ratios (for Eastern Washington).
(3) Mitigation shall follow an approved mitigation plan and reflect the restoration/creation ratios specified above.
(4) The applicant shall enter into a wetland mitigation monitoring agreement with the City as a condition of approval. The monitoring program will continue for at least eight years from the date of plant installation. Monitoring will continue for 10 years where woody vegetation (forested or shrub wetlands) is the intended result. These communities take at least eight years after planting to reach 80 percent canopy closure. Reporting for a 10-year monitoring period shall occur in years one, two, three, five, seven, and 10. Monitoring in all instances shall be bonded. Reporting results of the monitoring data to the City is the responsibility of the applicant.
(5) Mitigation shall be completed prior to or concurrently with wetland loss; or, in the case of an enforcement action, prior to continuation of the activity by the applicant.
(6) On-site mitigation for protection of ecological functions is generally preferred over off-site mitigation.
(7) Off-site mitigation allows replacement of wetlands away from the site on which the wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in accordance with the restoration/creation ratios above and in Table 28.16.120(3), Wetland Mitigation Ratios (for Eastern Washington). Off-site mitigation shall occur within the same drainage basin as the wetland loss occurs, provided that Category IV wetlands may be replaced outside of the watershed if there is no reasonable alternative. Off-site mitigation may be permitted where:
(a) On-site mitigation is not feasible due to hydrology, soils, or other factors.
(b) On-site mitigation is not practical due to probable adverse impacts from surrounding land uses or would conflict with a federal, state, or local public safety directive.
(c) Potential functional values at the site of the proposed restoration are greater than the lost wetland functional values.
(8) When the wetland to be altered is of a limited functional value and is degraded, mitigation shall be of the wetland community types needed most in the location of mitigation and those most likely to succeed with the highest functional value possible.
(9) Out-of-kind mitigation can be allowed when out-of-kind replacement will best meet the provisions of this section.
(10) Except in the case of cooperative mitigation projects in selecting mitigation sites, applicants shall pursue locations in the following order of preference:
(a) Filled, drained, or cleared sites that were formerly wetlands and where appropriate hydrology exists.
(b) Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not contain a mature forested or shrub community of native species, and where the appropriate natural hydrology exists.
(11) Where out-of-kind replacement is accepted, greater restoration/creation ratios may be required.
(12) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to ensure grading and soil movement occur during the dry season, and planting of vegetation shall be specifically timed to the needs of target species. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.16.090.]