27.12.215 Protection standards for regulated wetlands

27.12.215 Protection standards for regulated wetlands.

The following standards for the protection of regulated wetlands and buffers shall be required for any development within 200 feet of a regulated wetland.

(a) The standard width of the buffer zone shall be determined according to the regulated wetland rating and the type of development as outlined in Table 5 below. The buffer shall not be altered except by a general exemption, certificate of compliance, variance, or reasonable use exception approval, as authorized by this chapter; provided, that such alterations meet all other standards for the protection of regulated wetlands. All buffers are measured from the regulated wetland edge as marked in the field.

Table 5. Wetland Buffers
	Major New Development	Minor New Development
Class I	200 feet	100 feet
Class II	150 feet	75 feet
Class III	75 feet	50 feet
Class IV	50 feet	25 feet

(b) Buffers that are in their natural state should not be altered and should remain in their natural condition, and enhanced whenever possible.

(c) Buffers and associated wetlands that have been altered and have lost ecological functions and values are encouraged to be restored in order to replace these lost functions. Clallam County shall provide information or technical expertise, where possible, in facilitating restoration activities, including referring interested property owners to various restoration information, efforts and funds. Prior to issuance of a development permit that is proposed adjacent to degraded critical areas or buffers, the property owner shall agree to undertake restoration activities or authorize such activities to occur, through an appropriate, approved legal device such as a conservation easement that is granted to a conservation program or restoration effort, or by legal, written agreement with restoration agencies or groups.

(d) Buffer Averaging or Reduction. Buffer widths may be modified or reduced by the review authority though buffer averaging or a variance approval. Such requests shall be processed in accordance with Part Seven of this chapter; provided, that buffers cannot be reduced to less than fifty (50) feet at any point except through buffer averaging or a reasonable use exception pursuant to Part Seven of this chapter. Mitigation for buffer averaging, variance, or reasonable use exception shall include restoration of degraded wetlands and/or associated buffers in order to increase the ecological function of the wetland.

(e) The review authority may increase buffer zone widths, not to exceed 300 feet, for a development project on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site-specific and project related conditions which include, but are not limited to: (i) wetland sites with known locations of endangered or threatened species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; (ii) the adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; (iii) the adjacent land on the development proposal site has minimal vegetative cover or slopes greater than fifteen (15) percent; or (iv) the proposed development adjacent to the regulated wetland would be a high intensity land use. High intensity land uses include those land uses associated with moderate or high levels of human disturbance or substantial habitat impacts including, but not limited to residential densities greater than one dwelling unit per five (5) acres (gross density), active recreation, and commercial and industrial land uses.

(f) Any wetland that is created, restored, or enhanced as compensation for approved regulated wetland alterations shall have the standard buffer required for the category of the created, restored, or enhanced wetland.

(g) Hazard Tree Removal. Where a threat to human life or property is demonstrated, the Administrator may allow the falling of a danger or hazard tree subject to the following criteria: (i) tree removal is the minimum necessary to balance the protection of the critical area and its buffer with protection of life and property; and (ii) planting of a tree may be required to assure habitat protection.

(2) Critical Area Delineation. Clallam County shall include a condition of all approved development permits that propose alteration of land abutting or adjacent to regulated wetlands which states that the critical area buffer shall be delineated, or field identified in order to maintain the effectiveness of the buffer. Field identification of boundaries shall consist of survey flags or equivalent markers composed of one-half (1/2) inch galvanized iron pipe or equivalent monument, at least eighteen (18) inches long, and daylight above the surface at least one inch. Field markers shall be spaced at a minimum of every fifty (50) feet, unless alternative placement or spacing is authorized by the Administrator. The location of field stakes must be shown on all site plans and final plats associated with the development proposal.

(3) Docks. Construction of a dock, pier, moorage, float or launch facility may be permitted subject to criteria in the Clallam County Shoreline Master Program, and the following criteria:

(a) Only minimal buffer or wetland vegetation would be altered; and

(b) Open water is a significant component of wetland subclasses; and

(c) The materials used in or near surface waters shall not contain petroleum-based treatments or preservatives, including creosote, arsenic or copper.

(4) Fencing. Clallam County shall require that all buffer areas for wetlands shall be temporarily fenced between the construction activity and the buffer with a highly visible and durable protective barrier during construction to prevent access and protect the critical area and buffer. This requirement may be waived by the review authority if an alternative to fencing which achieves the same objective is proposed and approved.

(5) Forest Practice, Class IV General (Conversion and Urban Growth Area). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this chapter, including the maintenance of buffers around regulated wetlands. All forest practices, regardless of class, within designated urban growth areas pursuant to the Growth Management Act, shall comply with the provisions of this section. Those lands harvested and not reforested under a Class I, II, or III permit and which do not meet the standards of this chapter and are later converted to nonforest uses shall have all local permits withheld for a period of six (6) years, as authorized by the Washington State Forest Practices Act (Chapter 76.09 RCW). This moratorium shall run with the land and be duly noted in the public record. For the purpose of implementing this policy, the conversion of land to nonforest uses shall mean the division of land or the preparation of land for land division or construction. Should a landowner wish to remove the moratorium or convert the land to nonforest uses, the owner shall:

(a) Reforest the land as prescribed by the Department of Natural Resources and/or provide stabilization and protection of the critical area in a manner approved by Clallam County in accordance with this chapter. Said reforestation shall be by planting and not by natural regeneration, unless the Department verifies that natural regeneration has already occurred to such an extent that planting is not necessary. Provide stabilization and protection of the affected critical area through drainage and erosion control measures; and

(b) Submit and have approved by the administrator a conversion harvest plan. The approval of said plan may include conditions and improvement requirements to control erosion, protect or enhance the critical area or buffer, or other conditions which are intended to reduce impacts to the critical area.

(6) Land Disturbing Activities. Land disturbing activities located within the jurisdiction of critical areas shall obtain a certificate of compliance and provide for storm water quality and quantity control, including preparation of a temporary erosion and sediment control plan and permanent drainage plan, consistent with the Stormwater Management Manual for the Puget Sound Basin, prepared by the state Department of Ecology, February, 1992, as amended. This requirement may be waived by the Administrator upon determination that the proposal will not affect the critical area.

(7) Land Divisions. All proposed divisions of land which contain regulated wetlands shall comply with the following procedures and development standards:

(a) Only fifty (50) percent of regulated wetlands with permanent open water shall be permitted for use in calculating minimum lot area as required by CCC Title 33, Zoning Code, for the proposed lots. This provision shall not apply to the calculation of maximum residential density.

(b) Regulated wetlands and wetland buffers may be included in the calculation of minimum lot area for proposed lots provided that other standards, including subsection (7)(c) of this section, are met.

(c) All lots within the proposed land division shall contain at least one building site, including access and utility locations, that is suitable for development, is not within the regulated wetland or its associated buffer and the lot is consistent with the minimum lot area requirements specified by CCC Title 33, Zoning Code.

(d) The critical area and associated buffer shall be surveyed and shown on the final plat. A note shall be provided on the final plat that states that all subsequent development shall comply with critical area protection standards which were required as a part of the plat approval. The critical area and buffer shall be dedicated as open space tract, easement or covenant encumbering the critical area and buffer, for either the use and enjoyment by the general public, use and enjoyment by lot or parcel containing a portion or all of the critical or buffer area, or the use of a homeowners’ association. Such dedication or easement shall be recorded together with the land division and shown on the final mylar.

(8) Livestock Restrictions. Proposals to allow livestock access to regulated wetlands and associated buffers, or alteration of such areas for livestock use, shall be prohibited unless the Administrator finds that such access and alteration is limited and impacts controlled through approval and implementation of a mitigation plan. The Administrator may waive the need for a mitigation plan where the applicant implements a plan and/or project sponsored by the County, Clallam Conservation District, U.S.D.A. Natural Resources Conservation Service, Washington State Department of Fish and Wildlife, U.S. Fish and Wildlife Service, or other agency/organization approved by the Administrator, which controls impacts caused by introduction of livestock. This prohibition shall not apply to Class IV wetlands or those wetlands, or portions thereof, that the Administrator determines meet the definition of grazed wet meadow.

(9) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (i) a notice to title of the presence of the critical area or buffer, (ii) a statement as to the applicability of this chapter to the property, and (iii) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement.

(10) Roads and Bridges – Repair. Any private or public road or street repair, maintenance, or expansion within existing right-of-way within a regulated wetland or associated buffer shall obtain a certificate of compliance and mitigation plan approval in accordance with this chapter shall comply with the following minimum development standards, as applicable:

(a) Public road or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

(b) The road or street repair is the minimum necessary to provide safe roads and streets;

(c) Storm water and drainage impacts have been evaluated and have been determined to be consistent with this chapter; and

(d) Deckings, abutments and piers shall not contain petroleum-based treatments or preservatives, including creosote, arsenic or copper.

(11) Roads and Bridges – New Construction. Any new construction of private or public roads or bridges proposed within the jurisdiction of this chapter but outside of regulated critical areas or their buffers shall comply with the standards below and obtain a certificate of compliance. Any new road or bridge construction proposed within a critical area or associated buffer requires a variance approval pursuant to Part Seven of this chapter and shall also comply with the following minimum development standards, as applicable:

(a) It shall also be shown that no other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible;

(b) Public road or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

(d) Storm water and drainage impacts have been evaluated and have been determined to be consistent with this chapter; and

(e) Deckings, abutments and piers shall not contain petroleum-based treatments or preservatives, including creosote, arsenic or copper.

(12) Signs. Prior to issuance of permits for major new development subject to this chapter, Clallam County shall require that the common boundary between a regulated wetland and associated buffer be identified using permanent signs as approved by the Administrator. In lieu of signs, alternative methods of identification may be approved when such methods are determined by the review authority to provide adequate protection to the critical area and buffer.

(13) Storm Water Management. The following storm water management standards are required, as they apply:

(a) New development shall utilize best management practices to minimize storm water quantity and quality impacts to critical areas, both during and following construction.

(b) Storm water runoff from new development shall not significantly change the rate of flow, hydroperiod which is the seasonal period and duration of water saturation or inundation, nor decrease the water quality of wetlands.

(c) Authorized modifications of wetlands or wetland buffers for construction of or discharge from drainage facilities shall protect wetland hydrologic functions classified pursuant to this section.

(d) Provide on-site retention or infiltration of summer and spring storm water runoff prior to discharging to wetlands that receive water primarily from a perched water table, which is a saturated zone above a low permeability layer such as glacial till.

(e) Storm water runoff shall not be diverted from the watershed of wetlands whose primary source of water is from a perched water table.

(f) Developments which handle, store, dispose, transport, or generate hazardous substances/wastes defined as “dangerous” or “extremely dangerous” wastes under Chapter 173-303 WAC (regardless of quantity) shall not allow direct precipitation or storm water runoff to contact such substances where stored on-site.

(g) Compliance with the Clallam County storm water regulations is required, as applicable.

(14) Temporary or Permanent Field Identification. Clallam County shall require temporary or permanent field markers delineating the critical area boundary and associated buffer prior to issuance of required permits for any development located within the jurisdiction of a regulated wetland, aquatic habitat conservation area, and landslide hazard area. Field markers shall be composed of one-half (1/2) inch galvanized iron pipe or equivalent monument, at least eighteen (18) inches long, and daylight above the surface at least one inch. Field markers shall be spaced at a minimum of every fifty (50) feet, unless alternative placement or spacing is authorized by the Administrator. The location of field stakes must be shown on all site plans and final plats associated with the development proposal. Field stakes shall remain in place until any required, final inspections are completed and approved. Field markers may be waived by the review authority if an alternative to field staking achieves the same objective and is proposed and approved, or if the development activity is located at a sufficient distance so that impacts to the critical area are unlikely to occur.

(15) Trails and Trail-Related Facilities. Construction of publicly owned trails on public lands, or privately owned trails for private or public use, and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, pedestrian bridges and viewing platforms, may be allowed in regulated wetlands and associated buffers through the issuance of a certificate of compliance pursuant this chapter, subject to the following standards:

(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas;

(b) Trails, pedestrian bridges and related facilities within a critical area or buffer shall be planned and aligned to minimize removal of trees, shrubs, snags and important wildlife habitat and critical area functions such that the disturbed area, including that private trail surfaces for private use are a maximum of three (3) foot in width and other trails, either privately or publicly owned that allow public use (with or without fees), the trail surfaces shall be a maximum of ten (10) feet in width; except for regional public trails which shall be a maximum of fourteen (14) feet whereby design considerations are made to minimize impacts to critical areas and buffers;

(c) Viewing platforms, interpretive centers, picnic areas, benches and their associated access shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected critical area;

(d) Trails shall be limited to nonmotorized use;

(e) Trail surfacing shall be comprised of natural materials (e.g., gravel, rock, bark) and that permanent surfacing materials (e.g., bituminous asphalt or concrete) require a variance approval pursuant to Part Seven of this chapter; except for regional public trails may have up to ten (10) feet of permanent surfacing materials. Any construction materials shall not significantly alter the existing drainage or negatively affect the critical area;

(f) All proposals shall also submit a mitigation plan pursuant to Part Eight of this chapter.

(16) Utilities. Placement of utilities within regulated wetlands and associated buffers may be allowed through a variance approval in accordance with Part Seven of this chapter, subject to the following standards:

(a) New utility transmission facilities which carry oil, gas or any other hazardous substances are prohibited within a regulated wetland and associated buffer.

(b) The following performance standards shall apply to any allowed private or public utility expansion or construction authorized under this chapter within a wetland or buffer:

(i) New utilities shall use existing utility corridors whenever possible.

(ii) New utility corridors shall be aligned when possible to avoid cutting trees greater than twelve (12) inches in diameter at four and one-half (4.5) feet measured on the uphill side.

(iii) New utility corridors shall be revegetated with appropriate native vegetation at pre-construction densities or greater immediately upon completion of construction or as soon thereafter as possible if due to seasonal growing constraints, and appropriate steps shall be taken to ensure that such vegetation survives.

(17) Zoning or Comprehensive Plan Amendment. Prior to taking action on a zoning or comprehensive plan map amendment, the applicant shall complete an environmental assessment that shall be approved by Clallam County, to confirm the nature, extent and rating of critical areas on the property; determine if the subsequent development proposal would be consistent with this chapter; and determine whether mitigation or other measures would be necessary if the proposal were approved. Such review shall occur prior to any SEPA threshold determination pursuant to the Chapter 27.01 CCC, Clallam County Environmental Policy. Findings of such review may be used to condition or mitigate the impact through the SEPA threshold determination or to deny the proposed zoning or comprehensive plan map amendment if the impacts are significant and cannot be mitigated.