35.15.410 Regulations.
(1) Restoration may be permitted in all environment designations through a substantial development permit or statement of exemption as indicated in Table 2-2 when consistent with this Program.
(2) Restoration shall be carried out in accordance with a County or resource agency-approved restoration plan and in accordance with the policies and regulations of this Program.
(3) Restoration projects shall be monitored and maintained to ensure they achieve their intended restoration goals. The project proponent shall assess and document each restoration project according to the requirements prescribed by the applicable authorizing or funding agency. The project proponent shall be responsible for implementing corrective actions as needed to ensure the project’s ecological benefits are sustainable over time.
(4) The Administrator shall track and document shoreline restoration efforts and their expected and actual contribution to shoreline ecological functions on a regular and ongoing basis as part of demonstrating whether no net loss is being achieved.
(5) The Administrator, at his/her discretion, may waive review requirements fees for shoreline restoration projects that meet either of the following criteria:
(a) Sponsored Projects. Restoration projects sponsored, co-sponsored or otherwise supported by Clallam County, Washington Department of Fish and Wildlife, Clallam Conservation District, Natural Resources Conservation Service, U.S. Fish and Wildlife Service, U.S. Forest 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 and the Clallam County Noxious Weed Control Board.
(b) Vegetation Planting/Removal. Planting of native vegetation or removal of non-native species to improve the functions of a shoreline buffer or designated critical area; provided, that such activities performed are limited to the area being enhanced; provided further, that watering of newly planted vegetation is provided to ensure plant establishment. Vegetation planting and removal on landslide hazard areas shall require approval of a mitigation plan in accordance with CCC 35.40.030.
(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, including stabilization and relocation proposals that qualify as 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 shall use the JARPA form as an alternative shoreline exemption permit application form for fish habitat or passage improvement projects.
(b) Upon receipt of an application deemed to be qualified by Washington State Department of Fish and Wildlife, the Administrator shall provide comments within 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 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 from the Administrator in accordance with Chapter 249, Laws of 1998, shall be deemed a violation of this Program and this title. Such projects are subject to violation and enforcement procedures set forth by said regulations.