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Those regulated uses identified in this subsection within the jurisdiction of designated aquatic habitat conservation areas shall comply with the performance standards outlined in this section:

(1) Buffers.

(a) Buffer Width. Except as otherwise allowed, buffers shall be maintained along all aquatic habitat conservation areas as noted in Table 6 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 aquatic habitat conservation areas.

Buffer distances shall be measured from the ordinary high water mark (OHWM) or from the top of the bank where the OHWM cannot be identified unless otherwise specified by this chapter. The distance of the buffer shall be increased to include streamside wetlands which provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined to include the entire stream feature.

Table 6. Aquatic Habitat Conservation Area Buffers

Designation

Buffer Width for Major New Development and Land Divisions*

Buffer Width for Minor New Development**

Aquatic Habitat Conservation Area

Type 1 Waters – Marine, Streams and Lakes

150 feet

Equivalent to the setback set forth by the Shoreline Master Program, as it applies and as hereafter amended***

Type 2 Waters

150 feet

65 feet

Type 3 Waters

100 feet

60 feet

Type 4 Waters

50 feet

50 feet****

Type 5 Waters

50 feet

50 feet****

*Buffers shall be measured from OHWM as specified above, and shall also extend to the outer edge of any associated frequently flooded area.

**Buffers shall be measured from the required measurement from the OHWM as specified above.

***Except for the Dungeness River which shall be a minimum of seventy-five (75) feet.

****Buffers may be reduced down to a minimum twenty-five (25) feet through the buffer averaging process set forth under CCC 27.12.730.

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

(c) Aquatic habitat conservation areas and associated buffers 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 aquatic habitat conservation areas and/or associated buffers in order to increase the ecological function of the critical area.

(e) The depth of the buffer may be increased by the review authority, not to exceed 300 feet, whenever a development proposal has 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; or is located within landslide or erosion hazard area.

(f) Shorelines of the State. All development subject to the Shoreline Management Act, Chapter 90.58 RCW and the Clallam County Shoreline Master Program shall be consistent with said regulations, as now or hereafter amended.

(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 aquatic habitat conservation areas 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, if applicable, and the following additional criteria:

(a) The minimal amount of vegetation is altered within the buffer; and

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

(4) Enhancement. Critical area enhancement projects, not considered fish habitat or passage improvement projects pursuant to this section, shall require a certificate of compliance. Clallam County shall waive review fees for enhancement projects that meet either of the below criteria:

(a) Sponsored Projects. Enhancement projects sponsored by Clallam County, Washington Department of Fish and Wildlife, Clallam Conservation District, U.S. Natural Resources Conservation Service, U.S. Fish and Wildlife Service, Washington Department of Natural Resources, or other public agency approved by the Administrator which are consistent with the County Comprehensive Plan, Sequim Bay Watershed Management Plan, Dungeness Watershed Area Management Plan, Port Angeles Watershed Management Plan, Sequim-Dungeness Groundwater Protection Strategy, County floodplain management plans, and other plans adopted by the County Board of Commissioners.

(b) Vegetation Planting/Removal. Planting of native vegetation or removal of non-native species for the enhancement of the critical area; provided, that such activities are performed using hand tools and are limited to the area being enhanced; provided further, that watering of newly planted vegetation is limited to the first three years. Watering of newly planted vegetation on landslide hazard areas shall require approval of a mitigation plan in accordance with this chapter. Allowable hand tools include gas and electric-powered equipment which is typically moved by hand, including equipment such as chain saws, hedge trimmers, and lawn mowers.

(5) Fencing. Clallam County shall require that all buffer areas for Type 1 – 3 aquatic habitat conservation areas 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; provided, that this requirement does not apply to Type 4 and 5 waters. This requirement may be waived by the review authority if an alternative to fencing which achieves the same objective is proposed and approved.

(6) Fish Habitat or Passage Improvement Projects. The expedited permit process set forth by Second Substitute House Bill 2879 (Chapter 249, Laws of 1998) for fish habitat or passage improvement projects is hereby adopted by Clallam County. This process sets forth a requirement that the applicant notify Clallam County of the request for a permit waiver of a certificate of compliance or other permit approval and any associated permit fees for those projects which qualify for this waiver. The request shall be in the form of a Joint Aquatic Resources Permit Application (JARPA). Qualified projects must meet the criteria set forth by the legislation which shall include any County-sponsored projects.

(a) Clallam County hereby adopts the Joint Aquatic Resource Permit Application form as an alternative shoreline exemption permit application form.

(b) Upon receipt of an application deemed to be qualified by Washington State Department of Fish and Wildlife, Clallam County shall provide comments within fifteen (15) days to the Department of Fish and Wildlife and also the applicant. These comments shall include whether or not the proposal is consistent with this chapter, the Clallam County Shoreline Master Program, and adopted watershed plans, flood management or reduction plans, and other applicable plans, as they apply.

(c) Any fish enhancement or passage improvement project that is constructed or completed without obtaining comments by Clallam County in accordance with Chapter 249, Laws of 1998, shall be deemed a violation of the following regulations, as amended: this chapter, CCC Title 35, Clallam County Shoreline Master Program (SMP), and RCW 90.58.147. Such projects are subject to violation and enforcement procedures set forth by said regulations.

(7) 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.

(8) 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.

(9) Land Divisions. All proposed divisions of land which include aquatic and wildlife habitat conservation areas shall comply with the following procedures and development standards:

(a) Land below the ordinary high water mark of lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area for the proposed lots.

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

(c) Land divisions within Type 1 waters, including shorelines of the State, shall have a minimum lot frontage along the shoreline of 150 feet, measured in a straight line, and shall be consistent with lot configuration requirements that are established by CCC Title 33, Zoning Code, and Clallam County Shoreline Master Program, as applicable.

(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, 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.

(10) Livestock Restrictions. Proposals to allow livestock access to aquatic habitat conservation areas or 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.

(11) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (a) a notice to title of the presence of the critical area or buffer, (b) a statement as to the applicability of this chapter to the property, and (c) 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.

(12) Stabilization and Relocations. Stabilization and relocation proposals that qualify as fish habitat or passage improvement projects under Second Substitute House Bill 2879 (Chapter 249, Laws of 1998) shall be processed as a Certificate of Compliance pursuant to this chapter.

All other stabilization and relocation requests shall comply with the provisions of this section, and shall require a certificate of compliance.

(a) Stabilization. A stream channel or bank, bluff, and shore may be stabilized for the purpose of retarding erosion, protecting channels or shorelines, and retaining uplands when its naturally occurring movement threatens legally placed, existing structures utilized as a primary residence, or public improvements which cannot be moved and are considered essential to the public welfare, unique natural resources, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish and wildlife habitat, hazard reduction and improved water quality. Bluff, bank and shoreline stabilization shall follow the standards of the Clallam County Shoreline Master Program and any floodplain management plan adopted by the Board of Commissioners, as they apply. The review authority may require that bank stabilization be designed by a licensed, civil engineer with sufficient expertise in hydraulic actions of shorelines, along with a biologist to address habitat issues.

(i) Stabilization methods include, but are not limited to: bulkheads, riprap revetments, jetties, groins, bioengineering measures, vegetation management measures, and beach enhancement. Not included are fish enhancement projects such as woody debris placement. “Hard” structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads, or rip rap. “Soft” methods rely on softer materials, such as vegetation or beach enhancement. Generally, the harder the structure, the greater the impact on wave action, geohydrology and biological functions.

The following criteria shall be met for all stabilization structures:

(A) Avoidance or relocation of the structure or improvement that needs protection has been reviewed and is not feasible or practical;

(B) The action is the minimum necessary to meet the desired goals;

(C) Any adverse impacts have been mitigated in accordance with Part Eight of this chapter;

(D) The public need, if any, for a stabilization structure has been identified;

(E) The state’s interest in adjacent resources is protected and maintained;

(F) Preferred methods recommended in any County-adopted flood hazard management plan specific to a stream are proposed, or the proposal reflects improved methods after plan adoption;

(G) The proposal is not located within a channel meander hazard.

(ii) All stabilization activities shall minimize any potential negative impacts to the natural functions of the shoreline and shall meet the following minimum standards:

(A) The replacement of an existing structure is allowed if the need is demonstrated and the natural function or character of the shoreline is improved, unless impractical.

(B) Consideration shall be given to those properties adjacent to and affected by an existing shoreline stabilization structure which may be causing erosion or an unstable situation as determined by a qualified professional; provided, that compliance with this subsection can be made.

(C) The least-intrusive method is chosen which shall incorporate bioengineering where feasible and practicable. “Soft” structural methods are preferred over “hard” methods.

(D) The effects of the stabilization to upstream and downstream properties, or net shore and littoral drift are clearly disclosed by a qualified professional and taken into consideration by the review authority.

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

(F) A geotechnical report may be required on Type II – V streams and is required on Type I streams. Said report shall describe the site geology, and shall provide conclusions, alternatives and recommendations regarding the effect of the proposed activity.

(G) Should current biological data for the specific site not be known or available, a mitigation plan by a qualified professional may be required to identify biota and habitat present, and to address the potential effects of any intrusion or covering of any critical saltwater or freshwater habitats.

(b) Relocations. Stream relocations shall only be allowed for the purpose of enhancing and/or restoring the functions of aquatic habitat conservation areas and when adhering to the following minimum standards:

(i) The channel, bank and buffer areas are replanted with native vegetation that replicates a natural, undisturbed riparian condition; and

(ii) For those lands and waters designated as frequently flooded areas, a civil engineer provides information which demonstrates that the equivalent base flood storage volume and function of all discharges will be maintained and the base flood discharge shall not be increased.

(13) Roads and Bridges – Repair. Any private or public road or street repair, maintenance, or expansion within existing right-of-way within an aquatic habitat conservation areas, landslide hazards or 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) Expansion or new construction of any private or public road within a aquatic and wildlife habitat conservation area or buffer, shall only be allowed when there are no significant adverse impacts to the habitat that cannot be mitigated;

(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.;

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

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

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

(f) Bridges shall be required for Type I streams which support salmonids unless a habitat management plan and mitigation plan is approved which demonstrates that other alternatives would not result in significant impacts to the aquatic habitat conservation areas;

(14) 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) New construction of any private or public road within an aquatic and wildlife habitat conservation area or buffer, shall only be allowed when there are no significant adverse impacts to the habitat that cannot be mitigated;

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

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

(f) Crossings in streams with salmonid spawning areas shall be located to minimize impact on the spawning areas;

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

(h) Bridges shall be required for Type I streams which support salmonids unless a habitat management plan and mitigation plan is approved which demonstrates that other alternatives would not result in significant impacts to the aquatic habitat conservation areas;

(15) 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/or aquatic habitat conservation area 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.

(16) 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.

(17) 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 the critical area 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) feet 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 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.

(18) Utilities – Replacement and Alteration. Any replacement or alteration of existing utilities within aquatic habitat conservation areas or buffers shall require the proponent to obtain a certificate of compliance and mitigation plan approval in accordance with this chapter and shall demonstrate compliance with the following minimum development standards, as applicable:

(a) The replacement or alteration of the existing utility shall only be allowed when there are no significant adverse impacts to the critical area that cannot be mitigated;

(b) Replacement or alteration of existing utility lines should utilize to the degree practicable existing street crossings, pedestrian and other improved transportation or utility corridors;

(c) The utility replacement or repair is the minimum necessary to provide adequate utility service;

(d) Replacement or alteration of an existing utility involving the relocation of the utility to a new, previously unimproved location, shall not be considered as replacement or alteration and shall be subject to the requirements for Utilities – New Construction, as set forth in subsection (19) of this section;

(e) Bridges shall be required for Type I streams which support salmonids unless a habitat management plan and mitigation plan is approved which demonstrates that other alternatives would not result in significant impacts to the aquatic habitat conservation areas;

(19) Utilities – New Construction. New placement of utilities within aquatic habitat conservation areas 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 aquatic habitat conservation area 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.

(20) 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 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.

(21) 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 aquatic habitat conservation areas.

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

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

(22) Water-Dependent Structures and Utilities. The required buffer may be altered for the placement of water-dependent structures and utilities when no other reasonable or practicable alternative exists and the development is consistent with the Clallam County Shoreline Master Program Type I waters and has received approval of a variance in accordance with this Chapter. Any alteration of a buffer shall be the least necessary and shall require, except for approved water dependent uses for minor new development, an approved habitat management plan which adequately protects habitat values.