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The following activities and uses require review by the director but do not require submittal of a critical areas report. These activities may be permitted by the director in wetlands and/or wetland buffers; provided, that the specified requirements for the activities have been included in the design and implementation of the proposal; the applicant has taken all reasonable measures to avoid adverse effects on wetland functions and values; the applicant has provided compensatory mitigation for all adverse impacts to wetlands that cannot be avoided; the applicant has demonstrated that the amount and degree of alteration is limited to the minimum needed to accomplish the project purpose; and the activities and uses are not prohibited by any other applicable law.

A. Wetland mitigation activities reviewed and conducted in accordance with Section 14.100.260;

B. Passive outdoor recreational or educational activities which do not significantly affect the function of the wetland or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted within Category II, III, or IV wetlands or their buffers and within a Category I wetland buffer if the following criteria are met:

1. Trails shall not exceed four (4) feet in width and shall be surfaced with gravel or pervious material, including boardwalks;

2. The trail or facility is located in the outer twenty-five (25) percent of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes;

3. The trail or facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill.

C. Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be permitted within a Category II, III, or IV wetland and its buffers or within a Category I wetland buffer on a case-by-case basis if the following are met:

1. Due to topographic or other physical constraints, there are no feasible locations for these facilities to discharge to surface water through existing systems or outside the buffer. Locations and designs that infiltrate water shall be preferred over a design that crosses the buffer.

2. The discharge is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation and avoids long-term rill or channel erosion.

D. Public and private roadways and railroad facilities, including bridge construction and culvert installation, if the following criteria are met:

1. There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland.

2. Facilities parallel to the wetland edge are located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation.

3. Clearing, grading, and excavation activities are limited to the minimum necessary, which may include placement on elevated structures as an alternative to fill, where feasible.

4. Impacts on wetland functions are mitigated in accordance with Section 14.100.260.

E. Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, pursuant to the criteria in subsection (F) of this section; provided, that alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible.

F. Utility lines and facilities providing local delivery service, not including facilities such as electrical substations, water and sewage pumping stations, water storage tanks, petroleum products pipelines and not including transformers or other facilities containing hazardous substances, may be located in Category II, III, and IV wetlands and their buffers and/or Category I wetland buffers if the following criteria are met:

1. There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland.

2. The utility line is located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation.

3. Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line, which may include boring, and the area is restored following utility installation.

4. Buried utility lines shall be constructed in a manner that prevents adverse impacts to subsurface drainage. This may include the use of trench plugs or other devices as needed to maintain hydrology.

5. Impacts on wetland functions are mitigated in accordance with Section 14.100.260.

G. Wildlife viewing structures.

H. Fishing access areas down to the water’s edge that shall be no larger than six (6) feet.

I. The following activities are regulated if they occur in a regulated wetland or its buffer:

1. The removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind;

2. The dumping of, discharging of or filling with any material;

3. The draining, flooding or disturbing of the water level or water table;

4. Pile driving;

5. The placing of obstructions;

6. The construction, reconstruction, demolition or expansion of any structure;

7. The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland;

8. Class IV—General Forest Practices under the authority of the “1992 Washington State Forest Practices Act Rules and Regulations,” WAC 222-12-030 or as thereafter amended; and

9. Activities that result in:

a. A significant change of water temperature;

b. A significant change of physical or chemical characteristics of the sources of water to the wetland;

c. A significant change in the quantity, timing or duration of the water entering the wetland; or the introduction of pollutants.

(Ord. 6673 § 1, Amended, 07/28/2021; Ord. 6474, Added, 02/25/2009)