14.100.251 Requirements for Wetland Buffer Averaging.
The director may average wetland buffer widths on a case-by-case basis when the applicant demonstrates through a critical area study to the satisfaction of the director that all the following criteria are met:
A. Averaging to improve wetland protection may be permitted when all of the following conditions are met as demonstrated by a critical area report pursuant to Section 14.100.220:
1. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area;
2. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion;
3. The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;
4. The buffer at its narrowest point is never less than seventy-five (75) percent of the required width.
B. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met as demonstrated by a critical area report pursuant to Section 14.100.220:
1. There are no feasible alternatives to the site design that could be accomplished without buffer averaging;
2. The averaged buffer will not result in degradation of the wetland’s functions and values;
3. The total buffer area after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;
4. The buffer at its narrowest point is never less than three-quarters of the required width except where the director finds that there is an existing feature such as a roadway that limits buffer dimension or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer.
C. The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of wetland functions and values in conjunction with a wetland critical area study and mitigation plan.