14.100.551 Fish and Wildlife Habitat Conservation Areas—Water Bodies—Buffer Averaging.
The director shall have the authority to average standard stream buffer widths on a case-by-case basis when the applicant demonstrates 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 critical area report pursuant to Sections 14.100.060 and 14.100.520:
1. The water body or buffer area has significant differences in characteristics that affect its habitat functions;
2. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the water body and decreased adjacent to the lower-functioning or less sensitive portion;
3. The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
4. 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;
5. The buffer at its narrowest point is never less than seventy-five (75) percent of the standard buffer width;
6. The slopes adjacent to the stream within the buffer area are stable and the gradient does not exceed thirty (30) percent.
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 Sections 14.100.060 and 14.100.520:
1. There are no feasible alternatives to the site design that could be accomplished without buffer averaging;
2. The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
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 standard buffer 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 functions and values in conjunction with a critical area mitigation plan.