HomeMy WebLinkAboutord1997-012WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97-o s 9
CLEARANCES
Initial
Date
Date Received in Council Office:
A enda date
Assigned to:
iriginator: Terry Galvin
64
2/14/n.
+
FEB e 9 1 l 997
1
9Y HATCOM COUNTY
COUNCIL
2/25/97
Introduction
Division Head: Michael Knapp
3/11/97
Hearing
Dept. Head: Michael Knapp
Prosecutor:
Purchasing /Budget:
Executive:
&
a
�pr�
SUBJECT. • An Emergency Ordinance replacing CAO ordinance 96 -017, which amends Chapter 16.16, Whatcom
County Code, "Critical Areas" to comply with the Washington State Growth Management Act.
ATTACHMENTS:
Proposed Ordinance
Exhibit A
SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below.
slated County contract #: n/a Should Clerk schedule a hearing? NO // YES /x/ Requested date: MARCH 11, 1997
Amount budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES / / NO / / (Please explain below) n/a
Budget line item number(s): n/a ,
The request is to replace Ordinance #96 -017 with an emergency ordinance, to be adopted as Chapter 16.16, Whatcom
County Code, "Critical Areas" (see Exhibit "A "). This request is made in response to a Western Washington Growth
Planning Hearings Board ruling on September 12, 1996. In the ruling, the Board invalidated Articles IX (Wetlands),
X (River and Streams), XI (Fish Habitat Conservation Areas), and XII (Wildlife Habitat Conservation Areas) citing
non - compliance with the Growth Management Act and remanded the CAO back to the county for compliance within
180 days of the order.
Because resources have been focused on the Comprehensive Plan, time has been short, staff limited, and the weather
bad, the request is submitted to the County Council as an emergency ordinance without Planning Commission
recommendations. This will allow staff and the Planning Commission the time necessary to meet the public process
requirements of RCW37.70A.
ORIGINATOR'S RECOMMENDED ACTION. The Planning and Development Services Director recommends that
Council accept the recommendation and adopt the proposed ordinance.
COMMITTEE ACTION TAKEN.
rf)[71WIL ArTMAT TAKFAT-
97- 89 2/25/97: Introduced
3/11/97: Adopted 7 - 0. Ord. #97 -012
we or Resolution Number (this item only):
0 1-9), 4� 9 1 -01 a
File #: 3/11197 SPONSORED BY: Consent
-- PROPOSED BY: Planning
INTRODUCTION DATE2/?5 /9/
1 ORDINANCE NO. 9/ -U12
2 AN EMERGENCY ORDINANCE REPLACING ORDINANCE #96 -017, WHICH AMENDS
3 CHAPTER 16.16, WHATCOM COUNTY CODE, "CRITICAL AREAS" TO COMPLY
4 WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT.
5 WHEREAS, the Washington State Legislature passed the Growth Management Amt
6 in 1990 and amended it in 1991, requiring counties and cities to define, identify, and
7 manage environmentally critical areas and ecosystems; and
8 WHEREAS, on May 26, 1992 at a public meeting, the Council unanimously
9 approved the unanimous recommendations of the Planning Commission to adopt a Critical
10 Areas Ordinance (92 -032); and
11 WHEREAS, in November, 1992, the .County Auditor validated over 11,000
12 signatures to a petition to strike certain provisions from the original CAO and put the
13 petition on the ballot as Referendum 92 -3, and on November 2, 1993, a majority voted
14 to support the referendum version of the CAO; and
15 WHEREAS, the referendum process was appealed to the Growth Hearings Board;
16 and
17 WHEREAS, on June 30, 1994 the Growth Hearings Board ruled that SEPA must
18 be applied to the amended CAO; and further ruled.that the referendum process did not
19 comply with the expanded public participation required by GMA and remanded the CAO
20 back to the County for compliance; and
21 WHEREAS, in April, 1995 at a public meeting, the Council approved the
22 recommendations of the Planning Commission to bring the Critical Areas Ordinance ( #95-
23 019) into compliance with the Growth Management Act; and
24 WHEREAS, the April, 1995 CAO ( #95 -019) was appealed to the Growth Hearings
25 Board; and
26 WHEREAS, on Dec 20, 1995 the Growth Hearings Board invalidated Articles IX
27 (Wetlands), X (River and Streams), XI (Fish Habitat Conservation Areas), and XII (Wildlife
28 Habitat Conservation Areas) citing non- compliance with the Growth Management Act and
29 remanded the CAO back to the County for compliance within 120 days of the order; and
30 WHEREAS, in January, 1996, the County Council reaffirmed its intent to pursue
31 negotiations with State representatives in order to achieve agreement on the content of
32 the Whatcom County Critical Areas regulations; and
33 WHEREAS, in a series of five work sessions, the County met with State
34 representatives to better understand and respond to the December 20, 1995, Growth
35 Hearings Board ruling and the State's concerns and, subsequently, developed a response
36 to the Board's ruling; and
1 WHEREAS, on April 30, 1.996, voted to approve Ordinance #96 -017; and
2 WHEREAS, the referendum process was appealed to the Growth Hearings Board;
3 and
4 WHEREAS, The Growth Hearings Board ruled on September 12, 1996 to
5 invalidated Articles IX (Wetlands), X (River and Streams), XI (Fish Habitat Conservation
6 Areas), and . XII (Wildlife Habitat Conservation Areas) citing non - compliance with the
7 Growth Management Act and remanded the CAO back to the County for compliance
8 within 180 days of the order; and
9 WHEREAS, County resources have been focused on the Comprehensive Plan, time
10 has been short, staff limited, and the weather bad, the County determined that an
11 emergency ordinance containing the original Critical Areas Ordinance ( #92 -032) would
12 be the most expedient compliance move; and
13 WHEREAS, This will allow staff and the Planning Commission the necessary time
14 to meet the public process requirements of RCW36.70A for the final Critical-Areas
15 Ordinance; and
16 WHEREAS, a Determination of Non - Significance was issued for Ordinance #92 -032
17 on January 14, 1992 and no changes have been made to the ordinance submitted herein;
18 and
19 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
20 Bellingham Herald on February , 1997 for the County Council Hearing; and
21 WHEREAS, The County Council held a regular Public Hearing on March 11, 1997,
22 and adopted the ordinance on that evening; and
23 WHEREAS, the Council has adopted the following Findings and Conclusions:
24 FINDINGS
25 1. Whatcom County has a number of areas subject to natural hazards, or which, in
26 their natural state, carry, hold or purify water and /or support unique or fragile
27 natural resources. These areas are identified as Critical Areas.
28 2. Whatcom County is mandated by the Growth Management Act to protect these
29 areas as well as protect the community from hazards associated with these areas.
30 3. Over the course of two years, staff, working with technical assistance, community
31 advice and public input, produced a Critical Areas Ordinance (Ordinance No. 92-
32 032).
33 4. Substantial public and technical input took place in the CAO development process
34 of Ordinance No.92 -032 including 21 TAC meetings,14 CAC meetings, 5 five
35 Agriculture meetings, 3 workshop - Wetlands, 2 town. meetings - Wetlands, 1
36 workshop - Geologically Hazardous Areas, 1 town meeting Geologically Hazardous
37 Areas, 1 workshop - Aquifer Recharge Areas, 1 town meeting - Aquifer Recharge
38 Areas, 1 workshop -Fish Habitat Conservation Areas, 1 town meeting - Fish
39 Habitat Conservation Areas, 22 special interest meetings, 5 class presentations,
1 4 CAO presentations at conferences,
2 5. Substantial public input was considered by the Planning Commission during three
3 (3) Public Hearings and seven (7) worksessions addressing Ordinance No.92 -032.
4 6. Substantial public input was considered by the County Council during three (3)
5 town meetings and two (2) public hearings addressing Ordinance No.92 -032.
6 CONCLUSION
7 These Critical Areas Regulations will pro&-tide adequate protection to Critical Areas and
8 bring Whatcom County into compliance with the Growth Management Act. The adoption
9 process has been sufficient to comply with the public participation requirements of the
10 GMA.
11 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
12 Section 1. Whatcom County hereby amends Chapter 16.16, Whatcom County _Code,
13 "Critical Areas," to comply with the Washington State Growth Management Act, as
14 indicated in Exhibit A.
15 Section 2. Adjudication of invalidity of any of the articles, sections, clauses, or
16 provisions of this Ordinance shall not affect or impair the validity of the ordinance as a
17 whole or any part thereof other than the part so declared to be invalid.
18 ADOPTED this 11 day of March , 39W. 1997
19
20 ATTEST:
23 APPROV D as to form & content:
24
25 (Caren Frakes, Civil Deputy Prosecutor
26
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelso , Chairperson
Approved ( ) Denied
Pete Kremen, Executive
Date: 3 7
EXHIBIT A
-- - EMERGEWCY - - -.
CRITICAL AREAS ORDINANCE
SECTION 1 PURPOSE
SECTION 2 DEFINITIONS
SECTION 3
ADMINISTRATIVE PROVISIONS
3.1
Authority
3.2
Applicability & Jurisdiction
3.3
Resource Information and Maps
3.4
Permit: Exemptions -
3.5
Permit Requirements
3.6
Application Process
3.7
Administration
3.8
Preliminary Checklist /Critical Area Supplement
3.9
Fees
3.10.
Variances
3.11
Nonconforming Uses /Buildings
3.12
Appeals
3.13
Penalties and Enforcement
3.14
Suspension, Revocation
3.15
Severability
SECTION 4 GEOLOGICALLY HAZARDOUS AREA: Landslide Hazards
4.1 Purpose
4.2 Critical Areas: Landslide Hazard Areas
4.3 Permit Exemptions
4.4 Regulatory Requirements
SECTION 5 GEOLOGICALLY HAZARDOUS AREA: Seismic Hazards
5.1 Purpose
5.2 Critical Areas: Seismic Hazards
5.3 Permit. Exemptions
5.4 Regulatory Requirements
PAGE
4
5
19
19
19
19
19
20
21
21
23
27
27
28.- ....... ._
28
29
30
30
31
31
31
32
32
33
33
33
33
33
SECTION 6 GEOLOGICALLY HAZARDOUS AREA: Volcanic Hazards 34
6.1 Purpose 34
6.2 Critical Areas: Volcanic Hazard Areas 34
6.3 Permit Exemptions 34
6.4 Regulatory Requirements 34
SECTION 7 GEOLOGICALLY HAZARDOUS AREA: Mine Hazards 35
7.1 Purpose 35
7.2 Critical Areas: Mine Hazard Areas 35
7.3 Permit Exemptions 35
7.4 Regulatory Requirements 35
SECTION 8 ALLUVIAL FAN HAZARD AREAS 36
8.1 Purpose 36
8.2 Critical Areas: Alluvial Fan Hazard Areas 36
8.3 Permit Exemptions 36
8.4 Regulatory Requirements 36
SECTION 9
CRITICAL AQUIFER RECHARGE AREAS
37
- -- 9.1
Purpose -- - -- __.____ _ _ _
- 37 - -__ --
9.2
Critical Areas: Critical Aquifer Recharge Areas
37
9.3
Permit Exemptions
37
9.4
Administrative Authority
37
SECTION 10
WETLANDS
39
10.1
Purpose
39'
10.2
Critical Areas: Wetlands
40
10.3
Wetland Categories
41
10.4
_
Determination of Wetland Boundaries
43
10.5
Permit Exemptions
43
10.6
Written Authorization
44
10.7
Relationship To Other Jurisdictional Agencies
45
10.8
Regulatory Requirements
46
10.9
Mitigation Requirements
48
10.10
Wetland Enhancement
53
10-11
Public Interest Test
53
10.12
Agriculture Restrictions: Wetlands
54
SECTION 11
RIVERS AND STREAMS_
55
11.1
Purpose
55
11.2
Critical Areas: Rivers and Streams
55
11.3
Permit Exemptions
55
11.4
Written Authorizations
56
11.5
Relationship To Other Jurisdictional Agencies
57
11.6
Regulatory Requirements
57
11.7
Agricultural Restrictions: Rivers and Streams
59
SECTION 12
FISH HABITAT CONSERVATION AREAS
60
12:1
Purpose
60
12.2
Critical Areas: Fish Habitat Conservation Areas
60
12.3
Locating and Designating Fish Habitat Conservation Areas
61
SECTION 13
WILDLIFE HABITAT CONSERVATION AREAS
63
13.1
Purpose
63
13.2
Critical Areas: Wildlife Habitat Conservation Area
63
13.3
Permit Exemptions
64
13.4
Written Authorization
65
13.5
Relationship To Other Jurisdictional Agencies
65
13.6
Regulatory Requirements
66
13.7
Locating and Designating Wildlife Habitat Conservation Areas
66
LIST OF APPENDICES
Appendix A Aquifer Recharge Rating System 67
Appendix B Sources of Ground Water Contamination 68
Appendix C Federal and State Endangered Species List 71
Appendix D Whatcom County Wetlands Rating System 72
Appendix E Water Categories 81
Appendix F A Summary of Management Recommendations 83
and Habitat Requirements
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
-- - -- PAGE
PREAMBLE
As part of the Growth Management process, the Temporary Critical Areas Ordinance
is designed to set standards that can be applied to help protect the health safety and
welfare of the public by allowing careful development in and around geologically
hazardous, alluvial fan, wetland, river, stream, aquifer recharge,s fish, and wildlife
areas.
This Ordinance and the permanent Ordinance seek to specify the framework that will
be applied to define and protect those areas considered critical, while still allowing
development to continue in the county (in these areas). A variety of exemptions and
options exist so that property owners can still continue to improve and develop their
properties. What is regulated are the impacts that further development will have on
critical areas.
The County also affirms that zoning code (Title 20 is a companion document which
provides property owners with yet more options, such as clustering the allowable
number of buildings, in order to avoid adverse impacts on critical areas.
There is no intent on the part of government to "take" any land as the result of this
process. If such an extreme situation were to occur, the County recognizes existing
Federal and State laws and procedures which are already in place to guarantee a fair
hearing and just compensation to any private property owner.
The Ordinance is complex because the issues are complex. If there were simple
solutions, there would be no concern. But the problems associated with population
and growth will continue. The Ordinance is temporary, not because the problems are
expected to go away, but because the knowledge and experience gained from this
temporary Ordinance, will allow our community to make changes in this and the
permanent Ordinance which will carry us into the Twenty -first Century with balance
and common sense.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
- _ - PA GE 4 -
SECTION 1
PURPOSE
1.1 PURPOSE
.1 The purpose of this Ordinance is to carry out the goals of the Whatcom County
Comprehensive Land Use Plan by identifying and managing environmentally Critical
Areas and ecosystems. This Ordinance seeks to maintain harmonious' relationships
between human activity and the natural environment.
2 By regulating development and alterations to those areas sensitive to human activity,
this Ordinance seeks to:
a) Give County staff time to develop a permanent Ordinance while complying with
State and local laws.
b) Protect the health, safety and welfare of the public;
c) Reduce potential losses to property and human life;
d) Protect the public from damage due to landslide, subsidence, erosion, seismic,
volcanic, flooding and other natural hazards;
e) Protect the public against losses from unnecessary maintenance of public facilities,
property damage and cost for emergency rescue relief operations;
f) Prevent adverse impacts to the quality and quantity of water resources;
g) Alert appraisers, assessors, real estate agents, owners, potential buyers or lessees,
and other members of the public to natural conditions which limit development of
sensitive areas;
h) Prevent destruction to natural resources necessary to maintain the viability of
natural ecosystems;
i) Protect and restore environmentally sensitive areas, and /or mitigate impacts to
environmentally sensitive areas by regulating their development;
j) Protect unique, fragile and valuable elements of the environment, including fish
and wildlife habitat;
k) Protect wetlands and streams;
1) Provide County officials with information to approve, condition, or deny
development proposals.
1.2 SEPA Policy: The goals, policies and purposes set forth in this Ordinance shall be
considered policies of Whatcom County under the State Environmental Policy Act.
1.3 This temporary Ordinance shall expire within three years of the date that these
regulations become effective or upon final approval of a permanent Critical Areas
Ordinance, whichever comes first.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 5
SECTION 2
DEFINITIONS
Words and phrases used in this Ordinance shall be interpreted as defined below and, where
ambiguity exists, words or phrases shall be interpreted so as to give this Ordinance its most
reasonable application in carrying out it regulatory purpose.
Activity: Human activity associated with the use of land or its resource.
Adequate Water Supply: A water supply which meets the requirements specified in. the
Whatcom County Health Department Interim Water Availability Policy.
Administrator: The person or team designated by the County Executive to administer this
Ordinance.
Agricultural Activities: Those activities conducted on agricultural lands defined in this section,
and those activities involved in the production of crops or livestock; for example, the operation
and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of
ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches;
changes between agricultural activities, and normal maintenance, repair, or operation of
existing serviceable structures, facilities, or improved areas. Activities which bring an area
into agricultural use are not agricultural activities.
Agricultural Land: Land composed of prime agricultural soils as defined by the U.S. Soil
Conservation Service, or land primarily devoted to the production of horticultural viticulture,
floricultural, dairy, apiary, vegetable, or animal products; or of berries, grain, hay, straw, turf,
seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
84.33.140; or livestock, and that has long -term significance for agricultural production.
Alluvial Fan: A fan shaped deposit of sediment and organic debris formed where a stream
flows or has flowed out of a mountainous upland onto a level plain or valley floor.
Alluvial Fan Hazard Areas: Those areas on alluvial fans where the underlying zoning may allow
for any development and is in the path of flooding, boulder floods, and /or debris torrents from
streams forming the alluvial fan. Alluvial Fan Hazard Areas are delineated into "High Hazard
Areas" and "Low Hazard Areas" as follows:
High Hazard Area: The area generally corresponding to the path of recent and potential
future stream flooding, boulder flooding, and /or debris torrents as determined by local
topography and hydrology. Areas subject to a 1 % or greater chance of debris torrents,
boulder flooding, or water flooding annually. This area shall also be known as the "Active
Fan."
Low Hazard Area: The area corresponding to all other areas of the alluvial fan which
has historically been subject to stream flooding, boulder flooding, and /or debris torrents
in the geologic past, but which does not exhibit recent hydrologic or topographic
evidence of flood or debris torrent events. This area is known as the "Inactive Fan."
Alluvium: A general term for clay, silt, sand, gravel, or similar unconsolidated detrital
materials, deposited during comparatively recent geologic time by a stream or other body of
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 6
running water, as a sorted or semi - sorted sediment in the bed of the stream or on its
floodplain or delta.
Anadromous Fish: Fish species that ascend rivers from the sea to spawn.
Aquifer: A geologic formation, group of formations, or part of a formation capable of yielding
a significant amount of ground water to wells or springs. (WAC 173 -160) _ .
Bedding Surface: A surface, typically conspicuous, within a mass of stratified rock or soil,
representing an original surface of deposition; the surface of separation o~rinterface between -
two adjacent beds of sedimentary or volcanic rock. If the surface is more or less regular or
nearly planar, it is called a bedding plane.
Bedrock: A general term for rock, typically hard, consolidated geologic material, that underlies
soil or other unconsolidated, superficial material.
Best Management Practices: Conservation practices or systems of practices and management
measures that:
a. Control soil loss and reduce water quality degradation caused by nutrients, animal
waste, toxins, and sediment; and
b. Minimize adverse impacts to. surface water and ground water flow, circulation
patterns, and to the chemical, physical, and biological characteristics of water.
Best Management Practices (Aquifer Recharge Areas): Schedules of activities, prohibitions
of practices, maintenance of procedures, and other management practices, to prevent or
reduce the pollution of the state's ground water. BMPs. also include treatment requirements,
operating procedures and practices to control plant site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw material storage. (WAC 173 -200)
Buffer (The Buffer Zone): The vegetated area adjacent to the outer boundaries of the below
listed areas which provide separation from human activity as required by this Ordinance, thus
minimizing adverse impact to these areas or to the public:
- Geologically Hazardous Areas
- Wetlands
- Streams
Commercial Fish: Those species of fish that are classified under the Washington Department
of Fisheries Food Fish Classification as commercial fish. (WAC 220 -12 -010)
Compensatory Mitigation: Replacing project - induced losses or adverse impacts on Critical
Areas such as Wetlands, Rivers, Streams, or Fish Habitat Conservation Areas, including, but
not limited to, the following:
a. "Restoration" - Actions performed to re- establish a Critical Area, including the
functional characteristics and processes which have been lost by alterations, activities,
or catastrophic events.
b. "Creation" - Actions performed to intentionally establish a Critical Area, a portion of
a Critical Area where one did not formerly exist.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
- PAGE 7
c. "Enhancement" -Actions performed to improve the condition of existing Critical Areas
so that the functions they provide are of a higher value and provide a greater diversity
of functions.
Consolidation: A process whereby loosely aggregated, soft, or liquid earth materials become
firm and coherent rock.
Contaminant: Any chemical, physical, biological, or radiological substance that does not occur
naturally in ground water or that occurs at concentrations greater than those in the natural
- levels. (WAC 172 -200)
Contiguous Wetlands: Wetlands are contiguous to a stream, river, pond, lake or marine water
when they 'are connected for not -less than 65 consecutive days by wetland hydrology as
defined in the 1987 edition, and as amended, Corps of Engineers Wetlands Delineation
Manual.
Critical Aquifer Recharge Areas: Areas with a critical recharging effect on aquifers..used...for
potable water; where an aquifer that is a source of drinking water is vulnerable to
contamination that _would affect the certifiable potability of water.
Critical Areas: The following areas and their adjacent buffers as required in this Ordinance
shall be regarded as Critical Areas:
- Geologically Hazardous Areas - Wetlands
- Alluvial Fan Hazard Areas - Streams
- Critical Aquifer Recharge Areas - Fish Habitat Conservation Areas
- Wildlife Habitat Conservation Areas
Critical Facilities: Includes modification of selected critical facilities identified under the
occupancy categories of Essential Facilities, Hazardous Facilities, and Special Occupancy
Structures in the Uniform Building Code, 1988 Edition, Table No. 23 -K. These include:
Essential Facilities
1. Fire and police stations;
2. Tanks or other structures containing housing or supporting water or other fire -
suppression materials or equipment required for the protection of essential or
hazardous facilities, or special occupancy structures;_ _
3. Emergency vehicle shelters and garages;
4. Structures and equipment in emergency - preparedness centers;
5. Stand -by power generating equipment for essential facilities;
6. Structures and equipment in government communication centers and other facilities
required for emergency response.
Hazardous Facilities
Structures supporting or containing sufficient quantities of toxic or explosive substances
dangerous to the safety of the general public if released.
Special Occupancy Structures
1. Covered structures where primary occupancy is public assembly;
2. Buildings for schools, colleges, adult education or day -care centers;
3. Hospitals and other medical facilities;
4. Jails and detention facilities.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
- - PA GE 8
Critical Wildlife: Priority Species as documented by the Washington State Department of
Wildlife.
Debris Avalanche: Rapid and sudden sliding or flow of rock and /or soil materials; or the
deposits of such materials.
Debris Flow: A moving mass of rock fragments, soil, and mud; more than half of the particles
being larger than sand size.
Debris Torrent: A violent and rushing mass of — water, logs, boulders and other debris.
Deepwater Habitats: Permanently flooded lands lying below the deepwater boundary of
wetlands. Deepwater habitats include environments-where surface water is permanent and
often deep, so that water, rather than air, is the principal medium within which the dominant
organisms live. The boundary between wetland and deepwater habitat in the Marine and
Estuarine Systems coincides with the elevation of the extreme low water of spring tide;
permanently flooded areas are considered deepwater habitats in these systems. The boundary
between wetland and deepwater habitat in the Riverine and Lacustrine Systems lies at a- depth
of 2 meters (6.6 feet) below low water; however, if emergent vegetation, shrubs, or trees
grow beyond this depth at any time, their deepwater edge is the boundary. (Cowardin, et al).
Delineation: The precise determination of wetland boundaries in the field according to the
application of specific methodology as described in the 1987, and as amended, Corps of
Engineers Wetlands Delineation Manual and the mapping thereof.
Development Permit: Subdivision and short subdivision permits, binding site plan approvals
planned unit developments, special use permits, variances, critical area permits, shoreline
substantial development permits, clearing permits, fill and grade permits, conditional use
permits, building permits, revocable encroachment permits and any other permits required by
Federal, State or local law for human activities associated with the use of land or its resource.
Drainage Ditch: An artificially created watercourse constructed to drain surface or ground
water. Watercourses, artificial or otherwise, that drain a naturally occurring wetland or alter
a naturally occurring pre- existing stream are not considered drainage ditches.
Earthflow: A mass - movement landform and process characterized by downslope translation
of soil and weathered rock over a discrete. basal shear surface within well defined lateral
boundaries. Earthflows grade into mudflows through a continuous range associated with
increasing water contact.
Emergent Wetland: A wetland with at least 30 percent of the surface area covered by erect,
rooted, herbaceous vegetation as the uppermost vegetative strata.
Exotic: Any species of plants or animals that is not indigenous to the area.
Farm Pond: A deepwater habitat created from a non - wetland site in connection with
agricultural activities where the pond is smaller than five (5) acres and not contiguous with
a stream, river, pond, lake or marine water.
Fault: A fracture in the earth or a zone of fractures along which there has been displacement
of the sides relative to each other.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
-- PAGE 9
Fault Plane: A fault surface that is more or less planar.
Fen: Wetlands which derive peat from herbaceous materials which are less acidic and have
a higher nutrient status and greater plant diversity than other bogs.
Fish Habitat: A complex of physical and biological conditions that provide the life supporting
and reproductive needs of a species or life stage of fish. Although the habitat requirements
of a species depend on its age and activity, the basic components of fish habitat in streams
and lakes include, but are not limited to, the following:
A. Good water quality and appropriate temperatures for spawning, rearing, and holding.
B. Adequate water depth and velocity for spawning, rearing, and holding.
C. Abundance of bank and in- stream structures to provide hiding and resting areas and
stabilize stream banks and beds.
D. Appropriate substrates for spawning and embryonic development. For stream andlake
dwelling fishes, substrates range from sands and gravel to rooted vegetation or
submerged rocks and logs. Generally, substrates must be relatively stable and free of
silts or fine sand.
E. Presence of native riparian vegetation. Riparian vegetation creates a transition zone
which provides shade and food sources of aquatic and terrestrial insects for fish.
Riparian vegetation and their root systems stabilize stream banks and provide limbs
and other natural debris which, in turn, stabilize stream beds.
Forest Practices: Any activity conducted on or directly pertaining to forest land and related
to growing, harvesting or processing timber (222 -16 WAC). This does not include the
conversion of forested land to a use incompatible with growing timber.
Forested Wetland: A wetland with at least 30 percent of the surface area covered by woody
vegetation greater than 20 feet in height, excluding monotypic stands of red alder or
cottonwood that average eight inches diameter at breast height or less.
Functions Characteristics: The beneficial roles served by Critical Areas (including their
buffers) such as Wetlands, Rivers and Stream and Fish Habitat Conservation Areas, including
the protection and enhancement of water quality; stream flow maintenance; storage,
conveyance and attenuation of floodwaters; ground water recharge and discharge; erosion
control and wave attenuation; production of waterfowl, game, and non -game birds, mammals,
and other living resources; protection of habitat for rare, threatened, and endangered species;
food chain and habitat support for a broad range of fish and wildlife; education, historical,
archaeological, aesthetic values, and recreation amenities. These beneficial roles are not listed
in order of priority.
Functional Value: The magnitude or degree •to which a natural system provides beneficial
roles defined as functional characteristics in this Ordinance.
Game Fish: Those species of fish that are classified by the Washington Department of
Wildlife as game fish. (WAC 232 -12 -019)
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
-- -- PAGE 10
Geologist: At minimum, a qualified Geologist must possess a Bachelor's Degree in Geology
and have five years of recent post - graduate related experience as a professional Geologist in
geotechnical engineering application. A Master's Degree in Geology may substitute for two
years of experience.
Geologically Hazardous Areas: Areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, may not be suited to seating commercial, residential,
or industrial development consistent with public health or safety concerns. They-include areas
that are susceptible to one or more of the following types of hazards:
1.
Landslide Hazards
2.
Seismic Hazards
3.
Volcanic Hazards
4.
Mine Hazards
Geotechnical Engineer: A qualified Geotechnical Engineer must be licensed as a Civil Engineer
with the State of Washington and have five years of recent related experience as a
Professional Geotechnical Engineer.
Gradient: A degree of inclination, or a rate of ascent or descent, of an inclined part of the
Earth's surface with respect to the horizontal; the steepness of a slope. It is expressed as a
ratio (vertical to horizontal), a fraction (such as meters /kilometers or feet /miles), a percentage
(of horizontal distance), or an angle (in degrees).
Ground Water: All water that exists beneath the land surface or beneath the bed of any
stream, lake or reservoir, or other body of surface water within the boundaries of the state,
whatever may be the geological formation or structure in which such water stands or flows,
percolates or otherwise moves. (RCW 90.44)
Growing Season: The portion of the year when soil temperatures are above biologic zero (41 °
F) as defined by "Soil Taxonomy." The following growing season months are assumed for
each of the soil temperature regimes: (1) thermic (February - October), (2) mesic (March -
October), (3) frigid ( May - September).
High Intensity Land Use: Land uses which are associated with moderate or high levels of
human disturbance including, but not limited to, medium and high density residential
development where the density is one unit per acre or more, multi - family residential
development, and commercial and industrial land uses.
High Quality Wetlands: Those wetlands which meet the following criteria:
A. Little or no human alteration of the wetland topography;
B. No human - caused alteration of the hydrology, or else the wetland appears to have
recovered from the alteration;
C. Low cover and frequency of exotic plant species;
D. Relatively little human - related disturbance of the. native vegetation, or recovery
from past disturbance;
E. If the wetland system is degraded, it still contains a viable and high quality
example of a native wetland community; and
F. No known major water quality problems.
High Quality Native Wetlands: Wetlands which are on record with the Washington Natural
Heritage Program as a high quality native wetland.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
_ -- - - PAGE 11
Holding Habitat: Habitat that supports anadromous fish in the winter months, during periods
of low or high flow, or for other reasorfs during the migration phase of a fish's life cycle.
Holocene Epoch: An epoch of the Quaternary. Period, from the end of the Pleistocene,
approximately 10,000 years ago, to the present time.
Hydric Soil: A soil that is saturated, flooded or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The presence of hfdric soil shall
be determined following the methods described in the 1987 edition, and as amended, of the
Corps of Engineers Wetlands Delineation Manual.
Hydrophytic Vegetation: Macrophytic plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content. The presence of
hydrophytic vegetation shall be determined following the methods described in the 1987
edition, and as amended, of the Corps; of Engineers Wetlands Delineation Manual.
Impervious Surface: Any manufactured surface that does not allow water to pass from the
surface to be absorbed by the soils directly below it.
In -kind Compensation: To replace wetlands with substitute wetlands whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
Intermittent Stream: A stream that does not normally have surface water flowing year- round
along most of its length.
Isolated Wetlands: Those wetlands which:
A. Are outside of and not contiguous to any 100 -year floodplain of a lake, river, or
stream; or
B. Have, under natural conditions, no contiguous connection to a stream, river, pond,
lake or marine water.
Joint: A surface of fracture or parting in a rock, without lateral displacement; the surface is
usually planar and commonly occurs in groups to form a joint set.
Joint System: Two or more groups of joint sets that intersect.
Lahar: A mudflow or debris flow (mass movement) composed chiefly of volcaniclastic
materials on the flank of a volcano. The debris carried in the flow includes pyroclasts, blocks
from primary lava flows, and other rock debris.
Lake: A naturally or artificially created body of deep (generally greater than 6.6 feet) open
water, 20 acres or greater, that persists throughout the year and meets the definitional criteria
for a deepwater habitat.
Landslide: A general term covering a wide variety of mass movement landforms and
processes involving the downslope transport, under gravitational influence of soil and rock
material en masse; included are Debris Flows, Debris Avalanches, Earthflows, Mudflows,
Slumps, Mudslides, Rock Slides, and Rock Falls.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 12
Landslide Hazard Areas: Areas potentially subject to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
Low Impact Activities: Activities that do not require a development permit and do not result
in any alteration of hydrology or adversely impact the environment.
Low Intensity Land Use: Land uses which are associated with low levels of human
disturbance, including, but not limited to, passive recreation, open space, agricultural or forest
management land uses and single family uses at a density of lower than one dwelling unit per
acre.
Maintenance and Repair: Work required to keep existing improvements in their existing state.
This does not include any modification that changes the character, scope, or size of the �-
original structure, facility, utility or improved area and does not include the construction of
roads, maintenance or otherwise.
Mass Wasting (a.k.a. Mass Movement): A general term for the dislodgement and downslope
transport of soil and rock material under the direct application of gravitational body stresses.
Mass wasting includes slow displacements, such as creep and solifluction; and rapid
movements such as rockfalls, rockslides; and mud, earth, and debris flows.
Mature Forested Wetland: A forested wetland with an overstory dominated by mature trees
having a wetland indicator status of facultative (FAC), facultative -wet (FACW), or obligate
(OBL) (Reed, 1988) and that meet all of the following criteria:
A. Mature trees comprise at least 50% of the tree canopy coverage. Mature trees are
considered to be deciduous trees over 50 years and evergreen trees over 80 years in
age.
B. The forested area is greater than three acres in size.
Mean Annual Flow: The average flow of a stream (measured in cubic feet per second) from
measurements taken throughout the year, averaged over several years.
Mitigation: Avoiding, minimizing, or compensating for adverse impacts to Critical Areas.
Mitigation, in the following order of preference is:
A. Avoiding the adverse impact altogether by not taking a certain action or parts of an
action;
B. Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology, or by taking affirmative steps to
avoid or reduce adverse impacts;
C. Rectifying the adverse impact by repairing, rehabilitating or restoring the affected
environment;
D. Reducing or eliminating the adverse impact overtime by preservation and maintenance
operations during the life of the action;
E. Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 13
F. Monitoring the adverse impact and the compensation project and taking appropriate
corrective measures.
Mitigation Plan: A detailed plan indicating actions necessary to mitigate adverse impacts to
Critical Areas.
Mudflow: A general term for a mass - movement landform and a process characterized by a
flowing mass of predominantly fine - grained earth material possessing a high degree of fluidity
during movement. If more than half of the solid fraction of such a mass consists of material
larger than sand size, the term debris -f,! w is preferable. The water content of mudflows may
range up to 60 %; with increasing fluidity, mudflows grade into muddy floods; with less
fluidity, they grade into earth flows.
Mudslide: A relatively slow- moving type of mudflow in which movement occurs
predominantly by sliding upon a discrete boundary shear surface.
Native Vegetation: Plant species which are indigenous to the area.
Natural Heritage Wetlands: Wetlands that are relatively pristine native wetlands. They closely
resemble wetlands which existed prior to European settlement. Their physical characteristics,
biota, ecosystem functions, processes, and settings are essentially natural.
Non -Game Fish: All species of fish that are not classified by the Washington Department of
Wildlife as game fish under WAC 232 -12 -019.
Off -site Compensation: To replace wetlands away from the site on which a wetland has been
adversely impacted by a regulated activity.
On -Site Compensation: To replace wetlands at or adjacent to the site on which a wetland has
been adversely impacted by a regulated activity.
Ordinary High Water Mark: The mark on all lakes, streams and tidal water that will be found
by examining the beds and banks and ascertaining where the presence and action of waters
are so common and usual and so long continued in all ordinary years, as to mark upon the soil
a character distinct from that of the abutting upland in respect to vegetation. [RCW
90.58.030(2)(b)]
Out -of -kind Compensation: To replace wetlands with substitute wetlands whose
characteristics do not closely approximate those destroyed or degraded by a regulated
activity.
Passive Activity: Those low intensity activities such as hiking, canoeing, viewing, nature
study, photography, hunting and fishing which do not require structural improvements or
result in any alteration of hydrology, vegetation or other adverse impacts to the environment.
Perennial Stream: A stream that normally has surface water flowing year round along most
of its length.
Person: Any person, proprietorship, partnership, corporation, Indian tribe, Federal, State or
local government, or part thereof.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
_ PAGE 14
Pond: A naturally or artificially created body of deep (generally greater than 6.6 feet) open
water, under 20 acres, that persists throughout the year and meets the definitional criteria for
a deepwater habitat. Farm ponds are excluded from this definition.
Potable: Water which is suitable for drinking by the public. (WAC 246 -290)
Project: Any proposed or existing land use activity regulated by Whatcom County unless
specifically exempted by this Ordinance. ^
Publtie_Interest: A demonstrable long range benefit to the community based --on a clear pubfic --
need for the proposed activity; a long term economic or social benefit to the general area;
clear indications that there will be no adverse impact to the public health or safety or to the -
natural environment.
Pyroclastic: Pertains to clastic rock material formed by volcanic explosion or aerial expulsion
from a volcanic vent.
Pyroclastic Flow: Hot clouds of ash, gas, and volcanic rock that flows rapidly downslope
under gravity. These may flow at velocities up to 150 km /hr and may be projected .from a
laterally directed blast.
Qualified Wildlife Consultant: A professionally trained wildlife biologist or ecologist or other
professional with expertise in the scientific disciplines necessary to identify, evaluate and
manage habitat.
Quaternary: The second period of the Cenozoic Era, following the Tertiary; also, the
corresponding system .of rocks. It began two to three million years ago and extends to the
present. It consists of two grossly unequal epochs: the Pleistocene, up to about 10,000
years ago, and the Holocene since that time.
Rearing Habitat: Habitat that supports juvenile fishes.
Regulated Wetlands: Ponds, Category I, II, lll, and IV Wetlands, wetlands altered by
enhancement. or restoration and wetlands intentionally created from non - wetland areas to
mitigate conversion of other wetlands. Regulated wetlands do not include those artificial
ponds or wetlands intentionally created from non - wetland sites; including, but not limited to,
irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities.
Resident Fish: A freshwater fish species or subspecies that does not migrate to saltwater.
A single species can have both a resident and an anadromous form, such as resident cutthroat
and sea -run cutthroat.
Riparian Corridor: An area between aquatic and terrestrial ecosystems defined by the presence
of vegetation that requires moist conditions and, usually, periodic free flowing water. The
benefits of vegetation cover and food sources and the availability of water in riparian corridors
means that they are likely to be preferentially used by wildlife and enable wildlife movement
between wetlands and along streams, rivers, and lakes.
Riparian Vegetation: Vegetation that tolerates and /or requires moist conditions and periodic
free flowing water thus creating a transitional zone which provides shade and food sources
of aquatic and terrestrial insects for fish. Riparian vegetation and their root systems stabilize
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 15
stream banks, attenuate high water flows, and provide limbs and other natural debris which,
in turn, stabilize stream beds. The benefits of vegetation cover and food sources and the
availability of water in riparian corridors mean that they are likely to be preferentially used by
wildlife and enable wildlife movement between wetlands and along streams, rivers and lakes.
River: Those areas where surface waters produce a defined channel or bed and the mean
annual flow is 20 cubic feet per second or greater. This definition includes all rivers within
the jurisdiction of the Whatcom County Shoreline Management Program..
Scrub -Shrub Wetland: A regulated wetland with at least 30 percent of its sw-#ace area
covered by woody vegetation less than 20 feet in height at the uppermost strata.
SEPA: Commonly used abbreviation for the State Environmental Policy Act.
Seismic Hazard Areas: Areas subject to risk of severe damage as a result of earthquake
induced ground shaking, slope failure, settlement, or soil liquefaction.
Shoreline: (Shoreline Management Act) "Shoreline" means all of the water areas of the-state'
including reservoirs and their associated wetlands, together with lands underlying them;
except:
a) Shorelines on segments of streams upstream of a point where the mean annual flow
is 20 cubic feet per second or less and the wetlands associated with such upstream
segments; and
b) Shorelines on lakes less than 20 acres in size and wetlands associated with such small
lakes.
Slope: (a) Gradient. (b) The inclined surface of any part of the Earth's surface, delineated by
establishing its toe and top and measured by averaging the inclination over at least ten feet
of vertical relief.
Slope Failure: Gradual or rapid downslope movement of soil or rock under gravitational stress.
Slump: A landslide characterized by a shearing and rotary movement of a generally
independent mass of rock or earth along a curved slip surface by backward tilting of the mass.
Smolting: The transitional process of anadromous fish as they adapt to salt water.
Soil: All unconsolidated materials above bedrock described in the Soil Conservation Service
Classification System or by the Unified Soils Classification System. These unconsolidated
materials may be divided into two categories; the upper layers which are called soil. These
are typically made up of broken and decomposed rock and decayed organic matter; and the
lower layers, between the soil and the bedrock which are called regolith. Regolith is typically
made up of unconsolidated sediment (e.g. alluvium) and weathered rock.
Spawning: The act of fish reproduction; the deposition and fertilization of eggs.
Sphagnum Bog: A bog characterized by the presence of sphagnum moss species and a
preponderance of sphagnum peat. Bogs have low pH and low nutrient availability. They
typically develop in cold drainage basins. This set of conditions give rise to an unusual flora,
many species of which are unique to sphagnum bogs.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
- PAGE 16
Sport Fish: Those species of fish that are classified under the Washington Department of
Fisheries Food Fish Classification as sport fish. (WAC 220 -12 -010)
Stream: Those areas where surface waters produce a defined channel or bed and the mean
annual flow is under 20 cubic feet per second. A defined channel or bed is an area which
demonstrates clear evidence of the passage of water and includes, but is not limited to,
bedrock channels, gravel beds, sand and silt beds and defined - channel swales. The channel
or bed need not contain water year- round. This definition includes drainage ditches, canals,
or other artificial water courses which were natural streams prior to human alteration or
replaced natural steams with the construction-of-the artificial watercourse. For purposes of
this Ordinance a stream shall fall into Type 1 through 5 Water pursuant to Appendix E of this
Ordinance.
Sub - basin: Any hydrologic basin that is drained by a stream that is a Type 1, 2, or 3 Water
and feeds into a watershed as defined in this Ordinance.
Toe: The lowest part of a slope or cliff; the downslope end of an alluvial fan, landsli,d.e,..etc.
Top: The top of a slope; or in this Ordinance it may be used as the highest point of contact
above a Landslide Hazard Area.
Volcanic Hazard Areas: Areas subject to hazards created by direct or indirect volcanic activity
such as pyroclastic flows, lava flows, and inundation by debris flows, mudflows, or related
flooding.
Watershed: A geographic region within which water drains into a particular river, stream or
body of water. For the purposes of this Ordinance, watersheds shall include the following:
Coastal Drainages: Drayton Harbor, Pt. Roberts, Birch Bay, Silver Creek, North Bellingham
Bay, South Bellingham Bay, Squalicum Creek, Lake Whatcom, Whatcom Creek, Padden
Creek, Chuckanut Bay, Cherry Point /Sandy Point.
Nooksack River Drainages: North Fork, Middle Fork, South Fork, Kamm Slough, Upper
Nooksack, Bertrand /Fishtrap Creeks, Ten Mile Creek, Lower Nooksack.
Canadian Drainages: Chilliwack River, Saar Creek, Sumas River.
Well Head Protection Area: The area (surface and subsurface) managed to protect ground
water based public water supplies. The designation of these areas should be consistent with
that defined by the Department of Health in its Well Head Protection Program.
Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
Wetland Category System:
.1 Category I Criteria: Wetlands or ponds which have exceptional resource value based
on unique qualities, presence of rare wetland communities and sensitivity to
disturbance. These wetlands have one or more of the following features:
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 17
A. Documented habitat for endangered or threatened fish, or animal species or for
potentially extirpated plant species. recognized by State or Federal agencies; or
B. Wetland communities which qualify as quality Natural Heritage wetlands; or
C. High quality wetlands with irreplaceable ecological functions, including peat
wetlands, estuarine wetlands, or mature forested wetlands; or
D. Wetlands of exceptional local significance. The criteria for such a designation
includes, but is not limited to, rarity, ground water recharge areas, significant
habitats, unique educational sites or other specific functional values within a
watershed.
.1 Wetlands of exceptional local significance may only be designated by the
Whatcom County Council. Such designation shall occur only after a public
hearing in which notice has been given to all property owners within .5 miles
of the proposed wetland of exceptional local significance.
.2 Category 11 Criteria: Wetlands or ponds that do not contain features outlined in
Category I but do contain:
A. Documented habitats for sensitive plant, fish or animal species recognized by
Federal. or State agencies; or
B. Wetlands with significant functions, including peat wetlands, estuarine wetlands,
or mature forested wetlands, which are not high quality but which can not be
adequately replicated through creation or restoration; or
C. Wetlands with significant water quality functions, and habitat value determined
through a score of at least 35 points in the Section 05 of the Whatcom County
Wetlands Rating System (Appendix D); or
D. Regulated wetlands which provide documented habitat for salmonids.
.3 Category III Criteria: Ponds that do not contain the features outlined in Category I and
II criteria. Wetlands that do not contain features outlined in Category I or II but have
one or more of the following features:
A. Wetlands that are contiguous to other wetlands constituting a total of five acres
or larger;
B. Wetlands over 15,000 sq.ft. that are contiguous with a stream, river, pond, lake
or marine water;
C. Isolated wetlands that are five acres or larger;
D. Wetlands (isolated or contiguous) over 15,000 sq.ft. that provide a significant
aquifer recharge function;
E. Isolated wetlands over .5 acres that have a less than 80% cover of hardhack, soft
rush or alder at least 20 years of age;
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 18
F. Isolated wetlands over .5 acres that have less than a 80% cover of non - native
species; including, but not limited to, reed canarygrass and common pasture
grasses.
4 Category IV Criteria: Wetlands one acre or greater that are not included in Categories
I, II or III Wetland.
Wetland Classification (Class): Wetlands are classified by the U.S. Fish & Wildlife Service
Classification of Wetlands and Deepwater Habitats of the United States. (Cowardin, et al)
Wetland Creation: See "compensatory mitigation."
Wetland Enhancement: See "compensatory mitigation."
Wetland Functions: The beneficial roles served by wetlands including the protection and
enhancement of water quality; storage, conveyance and attenuation of floodwaters; ground
water recharge and discharge; erosion control and wave attenuation; production of waterfowl,
game, and non -game birds, mammals, and other living resources; protection of habitat for
rare, threatened, and endangered species; food chain and habitat support for a broad range
of fish and wildlife; education, historical, archaeological, aesthetic values, and recreation
amenities. These beneficial roles are not listed in order of priority.
Wetland Identification: Wetlands are identified according to the methodology described in the
following publication: 1987, and as amended, Corps of Engineers Wetlands Delineation
Manual.
Wet Meadow: Palustrine emergent wetlands, typically having up to six inches of standing
water during the wet season and disturbed site conditions from agricultural activities,
including disturbance of soils, vegetation, or hydrology; and the vegetation is composed
predominantly of meadow emergents such as reed canary grass and /or other non - native
species. During the growing season, the soil is often saturated but not covered with water.
Wet Meadows frequently have been or are being used for livestock or other agricultural
activities.
Wetland Restoration: See "compensatory mitigation."
Wetland Specialist: A person who has earned a Bachelor's Degree in Biological Sciences with
specific course work concerning the function and value of wetland from an accredited college
or university; or a qualified consultant or professional person who has equivalent education
and training or with equivalent experience acceptable to the Administrator, may also qualify
as a Wetlands Biologist for the purpose of performing wetland delineations, analysis of
functions and values, and determination of possible mitigation.
EMERGENCY CRITICAL AREAS ORDINANCE
SECTION 3
ADMINISTRATIVE PROVISIONS
MARCH 1997
PAGE 19
3.1 AUTHORITY This document shall implement by reference Ordinance No._ passed
by the Whatcom County Council on this day of the month of the year 1992.
3.2 APPLICABILITY and JURISDICTION
.1 This Ordinance shall be consistently applied to any project within geographical areas
that meets the definition and criteria for Critical Areas as set forth in this Ordinance.
.2 In order that this Ordinance shall be consistently applied to all applicants, County
officials are responsible for applying regulations consistently.
3.3 RESOURCE INFORMATION AND MAPS
.1 Recognizing the necessity for accurate geographic information, the Whatcom County
Planning Department shall immediately begin a comprehensive inventory resulting in
a product that will identify the location, size, and other characteristics of Critical Areas
in Whatcom County.
2 Within three years of the implementation of this Ordinance or at the time that the
permanent Ordinance becomes effective, the results of the inventory shall be
transferred to maps and published. These maps shall be named the Environmentally
Critical Areas Maps, and shall be available at the Planning Department, Division of
Buildings and Code Administration, and the Division of Engineering for public
inspection.
.3 When completed, Environmentally Critical Areas Maps shall serve as guides to the
location and extent of such Critical Areas. In the interim, Critical Areas Preliminary
Inventory maps shall be used to alert the public and responsible officials to the
potential presence of Critical Areas on the site of proposed projects.
.4 Map identification of Critical Areas provides only approximate boundaries and locations
in Whatcom County. The actual locations and boundaries of Critical Areas shall be
based upon the presence of the features applicable to each Critical Area element in
this Ordinance as determined by the Administrator.
3.4 PERMIT EXEMPTIONS The following exemptions are authorized:
1 Emergency construction or activity necessary for the immediate preservation of the
public health, safety and welfare as determined by the Administrator.
.2 Exemptions relating to Critical Areas found in corresponding Sections of this
Ordinance.
.3 Projects in the public interest which prevent, minimize, and /or mitigate flood damages
to public and private property.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 20
.4 All activity undertaken by diking or drainage districts whose activities are allowed
subject to RCW, Chapter 85.05 and 85.06; provided that:
A. The diking or drainage district submits an annual work plan to the Administrator
each year; and,
B. Adverse impacts to wetlands, rivers and streams and Fish Habitat Conservation
Areas are minimized; and,
C. Adverse impacts to'water grtality and quantify are minimized during such activity;
and,
D. The Administrator has the option to comment on all hydraulic permit applications
submitted to either the Washington State Department of Fisheries or Wildlife.
.5 Development activity located inside the footprint or exterior walls of an existing
structure.
3.5 PERMIT REQUIREMENTS
Activity within a Critical Area requires approval of a development permit, conditioned upon
compliance with this Ordinance; a Critical Areas permit; a maintenance permit; or a written
authorization, unless otherwise exempted or allowed in this Ordinance.
1 Development Permit: Review and approval for a project within a Critical Area may be
initiated through the application for any development permit in Whatcom County.
.2 Critical Areas Permit (CAP): A Critical Areas permit may be issued for activities not
associated with a development permit in a Critical Area.
.3 Maintenance Permit: An annual maintenance permit may be issued to those public and
private service entities that routinely maintain roads and other transportation facilities,
utilities, diking and drainage, energy and communication facilities under the following
conditions:
A. The permit shall be issued pursuant to the standards set forth in this Ordinance.
B. The applicant shall submit a Management Plan to the Administrator with the
following included:
a. Projected scope of work for a one year period
b. Type of equipment to be used
c. Manner in which the equipment will be used
d. A detailed explanation of best management practices to be used
.4 Written Authorization: A written authorization may be issued for those activities
eligible for such authorization under this Ordinance.
EMERGENCY CRITICAL AREAS ORDINANCE
3.6 APPLICATION PROCESS
MARCH 1997
PAGE 21
.1 Pre - application Review: Prior to submittal of a project proposal, the applicant is
encouraged to contact the Administrator to discuss the overall feasibility, scope of
studies, and regulatory restrictions relevant to this Ordinance.
.2 Initial Determination: Upon submittal of a project proposal, the Administrator shall
determine if the project is more probably than not within 200 feet of a Critical Area.
.3 Preliminary Checklist: If the Administrator initially determines that the project is more
probably than not within 200 feet of a Critical Area, then the applicant shall be
required to provide information requested in a preliminary checklist (see Section 3.8.1);
provided that, a preliminary checklist need not be submitted if the applicant-agrees to
complete a Critical Areas Supplement. A preliminary checklist is designed to help the
Administrator determine whether any part of a proposed project is within a Critical
Area.
4 Critical Areas Supplement: A Critical Areas Supplement for a project shall be required
upon either of the following:
a. After review of the preliminary checklist the Administrator determines that any
part of the project is within a Critical Area.
b. Agreement between the applicant and the Administrator.
Upon determination by the Administrator that a Critical Areas Supplement for the
project shall be required, the applicant shall provide the information requested in
Section 3.8.2 and other provisions of this Ordinance. A Critical Areas Supplement is
designed to assist the Administrator in taking final administrative actions pursuant to
Section 3.7 and other provisions of this Ordinance.
5 Written Authorization: Projects for which written authorization may be granted are not
subject to the provisions of this sub - section.
3.7 ADMINISTRATION
1 Action: The Administrator has exclusive authority to determine if any part of a project
is within a Critical Area. Upon final determination that the project is within a Critical
Area, the Administrator shall take one of the following actions in accordance with the
requirements of this Ordinance:
A. Prohibit the project;
B. Impose additional regulatory requirements attached to an existing development
permit;
C. Require a Critical Area Permit (CAP) if the project is. not associated with a
development permit;
D. Authorize a project in writing without requiring a Critical Area Permit (CAP) where
indicated in this Ordinance.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 22
2 Authority.
A. Each project within a Critical Area will require a permit or written authorization
from the Administrator prior to any on -site activity.
B. Review and determination of proposed projects within Critical Areas may take
place in conjunction with another permit request. In such a case, a Critical Areas
Permit is not required.. ^
C— - Project proposals within a Critical Area that are not associated with airrother permit
request will require a Critical Areas Permit prior to any on -site activity.
D. Where indicated in this Ordinance, the Administrator may authorize a project in
writing without requiring a permit.
E. The Administrator may reject the conclusions reached in a Critical Areas
Supplement when, in the Administrator's judgement, the supplement is inaccurate
or does not fully address the risks involved.
F. The Administrator may perform a wetland delineation pursuant to 10.4 of this
Ordinance. Where the Administrator performs a wetland delineation, it shall be
considered final and subject to appeal.
G. The Administrator shall enforce the provisions of this Ordinance subject to appeal.
.3 Review:
A. An .interdisciplinary team approach shall be used upon request of affected party.
1. Members of the interdisciplinary team shall be selected by the Administrator
or Hearing Examiner as appropriate. Selection of the team shall include the
proponents upon their request and may include, but is not limited to, the
following:
- The Whatcom County Planning Department
- The Whatcom County Health Department
- The Whatcom County Department of Public Works
- Affected Indian Nations and Tribes
- The Washington State Department of Wildlife
- The Washington State Department of Fisheries
- The Washington State Department of Natural Resources
- The Washington State Department of Ecology
- The United States Army Corps of Engineers
- The U.S.D.A. Soil Conservation Service
- Professionals in related fields
- Affected Parties
2. The functions of the interdisciplinary team are to field check and verify
information included with an application, identify areas of concern, and help
focus the preparation of subsequent reports and environmental documentation
on the most critical issues.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 23
3. The Administrator or Hearing Examiner as appropriate will coordinate this
effort and pursue a consensus decision - making process.
4. The Administrator or Hearing Examiner as appropriate shall render all final
decisions.
3.8 PRELIMINARY CHECKLIST /CRITICAL AREA SUPPLEMENT
1 Preliminary Checklist. A preliminary checklist shall contain, at a minimum, the
following information on forms furnished by the Administrator:
A. The following general information in written form:
1. applicant name, address and phone
2. project name
3. nature and type of project
4. consultants or agents, names, addresses, phones if used
5. Critical Area type to be determined by the County
6. legal description including the tax parcel number. This information will be
made available with assistance from the County.
B. A map made available by the County at a scale of 1 " =400' illustrating at least the
following:
1. property location
2. streets and property lines
3. existing and proposed easements, rights -of -way, and structures
4. contours at the smallest readily available intervals (on maps available from the
County)
5. general surface and subsurface hydrologic features both on and adjacent to the
site (source Whatcom County)
6. identification and location of the Critical Area, indicating, generally,
boundaries of each Critical Area in question
7. location of buffer and building setback lines (if required or proposed)
C. The Administrator may require more or less information as needed.
.2 Critical Areas Supplement: A Critical Areas Supplement shall contain at least the
information required in Section 3.8.1.A on forms furnished by the Administrator.
Additional informational requirements addressing individual Critical Area elements are
contained in A through G below.
A. The supplement shall contain at least the following information:
1. Location maps, regional 1:24,000, and local 1:4,800;
2. A map indicating the boundary of the Critical Area;
3. Expected project cost;
4. Purpose and scope of the report and investigation, including the proposed use
of the site, level of study; i.e., feasibility, preliminary, final;
5. Brief description of proposed project, associated grading, structures, utilities;
6. A map indicating the width and length of all existing and proposed structures,
utilities, roads, easements; wastewater and stormwater facilities;
7. Adjacent land uses and zoning;
8. Detailed surface and subsurface hydrologic features both on and adjacent to
the site where the Administrator determines appropriate;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 24
9. Description of vegetation adjacent to the site, on site and in the Critical Area;
10.Additional information as required to make administrative decisions.
B. Geologically Hazardous Areas: In addition to the information requested in 3.8.2.A,
if an activity is located in a Geologically Hazardous Area, the following information
is required:
1. A geological and /or geotechnical report prepared by a qualified geologist and \or
geotechnical engineer. The report shall include at a minimum:
a. Nature of geologic material
b. Type of soil
c. History of seismic activity
d. Risk analysis
e. History of slope stability (when in a Landslide Hazard Area)
f. History of mining activity: (when in a Mine Hazard Area)
The applicant shall refer to the "Abandoned Coal Mines" map collection-on
file at the Department of Natural Resources, Division of Geology and Earth
Resources.
C. Alluvial Fan.Hazard Areas: In addition to the information requested in 3.8.2.A, if
an activity is located in an Alluvial Fan Hazard Area, the following information is
required:
1. A geological and \or geotechnical report prepared by a qualified geologist and \or
geotechnical engineer. The report shall include at a minimum:
a. Analysis of the proposed project relative to the "high hazard" or "low
hazard" area of the Alluvial Fan;
b. Location and size of proposed development identifying the general setting
of the project with respect to stream channels, avulsion channels, the
apex, and the toe of the Alluvial Fan;
c. Elevation of proposed development (including elevation of finished floor
grades) relative to the apex and toe of the Alluvial Fan; elevation relative
to nearest avulsion channels; elevation relative to nearest surface waters;
location and distance of proposed development from the nearest edge of
the active fan;
d. Risk analysis: indication of the relative safety of the proposal from damage
due to flooding, boulder flooding, and /or debris torrents.
D. Critical Aquifer Recharge Areas: In addition to the information requested in
3.8.2.A, if an activity is located in a Critical Aquifer Recharge Area, the following
information is required:
1. Information requested in a SEPA checklist;
2. Other relevant information requested by the Administrator.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 25
E. Wetlands: In addition to the information requested in Section 3.8.2.A, if an activity
is located in a regulated wetland or its buffer, the following information is required:
1. A report by a qualified wetland specialist. The report shall include at least the
following:
a. The purpose of the project, an examination of project alternatives and an
explanation of why the proposed activity requires a wetland location or
access across wetlands.
b. An assessment of the wetland's functional characteristics.
c. An assessment of the impact that may occur as a result of the proposed
activity.
d. Common characterization of the wildlife habitat.
e. Information on the presence of threatened or endangered plant or animal
species including IVatural Heritage and Priority Habitat Species.
f. Assessment of a wetland category using the Wetlands Rating System
found in Appendix D.
g. A site plan drawn to a scale of 1 " = 50' showing the following:
(1) the entire wetland boundary and proposed buffer area as determined
by field survey;
(2) exact location and specification for all proposed draining, filling,
grading, dredging, and vegetation removal, including the amounts and
methods;
(3) exact location of all proposed and existing wastewater and stormwater
facilities, buildings and other structures on the site.
h. Elevations of the site and adjacent lands within 200 feet of the site at
contour intervals of five feet.
i. The Administrator may require additional information, including, but not
limited to:
(1) Documentation and evidence of a wetland boundary determination by
field survey;
(2) Documentation of the ecological, economic, or other values of the
wetland;
(3) A study of flood, erosion, or other hazards at the site;
(4) Examples of any protective measures that might be taken to reduce
such hazards;
(5) Other information deemed necessary to verify compliance with the
provisions of this Ordinance or to evaluate the proposed use in terms
of the purposes of the Ordinance.
F. Rivers and Streams: In addition to the information requested in 3.8.2.A, if an
activity is located in Rivers and Streams or their buffers, the following information
is required:
1. A report by a qualified river /stream specialist. The report shall include at least
the following:
a. The purpose of the proposed project and an explanation of why the
proposed activity requires a location within or access across a river /stream
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE-26
or its buffer or cannot be located at other sites, or at another location
on -site;
b. A description of the river /stream and its buffer that will be affected by the
regulated activity including common characterization of the habitat, fish
and wildlife, dominant plants and information on the presence of
threatened or endangered species;
c. The exact location for all proposed draining, filling, grading, dredging, and
vegetation removal, including the amounts and methods;
d. A site plan drawn to a scale of 1 " = 50' showing the following:
(1) The river /stream boundary as determined by a field survey;
(2) The location of associated wetlands within 200 feet of the project;
(3) Exact location and specification for all proposed draining, filling,
grading, dredging, and vegetation removal, including the amounts and
methods.
(4) Exact location of all proposed and existing wastewater and stormwater
facilities, roads, buildings and other structures on the site;
e. Elevations of the site and adjacent lands within 200 feet of the site at
contour intervals of five feet;
f. The Administrator may require additional information, including, but not
limited to:
(1) A study of flood, erosion, or other hazards at the site;
(2) Examples of any protective measures that might be taken to reduce
such hazards;
(3) Any other information deemed necessary to verify compliance with the
provisions of this Ordinance or to evaluate the proposed use in terms
of the purposes of the Ordinance.
G. Wildlife Habitat Conservation Areas: In addition to the information requested in
3.8.2.A, if an activity is located in a Wildlife Habitat Conservation Area, a Habitat
Assessment - Management Plan shall be submitted to the Administrator. A Habitat
Assessment - Management Plan shall be prepared by a qualified wildlife consultant.
1 The Habitat Assessment - Management Plan shall contain, at a minimum, the
following:
a. A discussion of the project's effects on Critical Wildlife Habitat;
b. A discussion of any Federal, State, or local special management
recommendations .which have been developed for species or habitats
located on the site;
c. A discussion of measures proposed to preserve existing habitats and
restore any habitat which was degraded prior to the current proposed land
use activity;
d. A discussion of proposed measures which mitigate the adverse impacts of
the project;
e. An evaluation of the effectiveness of the proposed mitigation measures;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 27
f. A discussion of ongoing management practices which will protect Critical
Wildlife Habitat after the project site has been fully developed, including
proposed monitoring and maintenance programs.
H. Single Family Unit: A report or plan from a qualified specialist may not be required
as a part of the supplement when the application is for one single family dwelling
unit or accessory uses on a one legal single family lot of record.
3.9 FEES
1 The following fees shall be paid upon filing any application requiring review for
compliance with this Ordinance:
A. Preliminary Checklist: $35.00
B. Critical Areas Supplement: The fee for a supplement shall be commensurate..with
the estimated cost of the proposed project as follows:
ESTIMATED PROJECT COSTS FEE
up to $ 2,500. $ 35.00
$2,500 - $ 5,001 $ 50.00
$2,501 - $ 50,000 $100.00
$50,000 - $200,000 $200.00
for each additional $100,000 $100.00
up to $ 5,000.00
C. Critical Areas Permits (CAP) $ 35.00
D. Each application for a variance shall be accompanied by a fee as stated in chapter
20.84.250 of Title 20.
E. Each application for an appeal of an administrative decision to the Hearing
Examiner shall be accompanied by a fee as stated in chapter 20.84.250 of Title
20.
F. Critical Areas delineations and /or boundary determinations shall be performed
pursuant to subsection 10.4.3 of this Ordinance at a rate of thirty -five dollars
($35) per hour, payable in advance by the applicant.
3.10 VARIANCES
1 The Hearing Examiner shall grant a variance from the requirements in this Ordinance
under the following circumstances:
A. The applicant proves by clear, cogent and convincing evidence all of the following
elements:
1. The variance does not constitute a grant of special privilege, and is not based
upon reasons of hardship caused by previous actions of the property owner;
and,
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 28
2. Because of special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the application of this
Ordinance precludes all reasonable uses of the property otherwise allowed in
the identical zone classification under Title 20; and,
3. The granting of the variance will not be injurious to the health or safety of the
community.
Or,
B. The applicant proves by clear, cogent and convincing evidence all of the following
elements:
1. The variance does not constitute a grant of special privilege, and is not based
upon reasons of hardship caused by previous actions of the property owner;
and,
2. The activity will have no adverse impact on any of the uses or functions of the
Critical Area or their value; and,
3. No portion of the project is located within a Wetland, River /Stream, Fish
Habitat Conservation Area, or a Wildlife Habitat Conservation Area; and,
4. The Critical Area for which a variance is sought is not a Geologically
Hazardous Area or an Alluvial Fan Hazard Area; and,
5. Any party of record may appeal a Hearing Examiner decision pursuant to
Whatcom County Code 20.92.
2 The Hearing Examiner shall have the authority to set an expiration date for any or all
variance approvals. The Hearing Examiner will render a decision pursuant to Whatcom
County Code 20.92.
3 Procedural requirements for variances shall be as set forth in 20.84.230, Title 20.
3.11 NONCONFORMING USES /BUILDINGS
The lawful use of any building, land, or premises existing on the effective date of adoption
or amendment of this Ordinance may be continued, although such use does not conform
to the provisions hereof. If such nonconforming use is discontinued for a period of twelve
months or more, then any future use of said building, land or premises shall be consistent
with the provisions of this Ordinance. Expansion of an existing nonconforming use or a
change in use is subject to approval by the Administrator pursuant to the provisions of this
Ordinance.
3.12 APPEALS
.1 Any person may appeal to the Hearing Examiner a final order, final requirement, final
permit decision, or final determination made by the Administrator; provided that, such
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 29
appeal shall be filed in writing within twenty (20) working days of the date the written
decision is signed.
.2 Any person or agency may appeal to the Hearing Examiner a final, order, final
requirement, final permit decision, or final determination made by the Soil Conservation
District; provided that, such appeal shall be filed in writing within twenty (20) days of
the date that the Administrator receives a written decision from the District.
.3 For the purpose of this sub - section, the Administrator's order, requirement, permit
decision, or determination shall not be- deemed final until it is reduced to writing and
mailed to the applicant.
.4 The appeal will be upheld if the applicant proves by clear, cogent and convincing
evidence that the decision appealed is clearly erroneous.
5 The Hearing Examiner shall have the authority to set an expiration date for any or all
appeal approvals. The Hearing Examiner will render a decision pursuant to Whatcom
County Code 20.92.
3.13 PENALTIES AND ENFORCEMENT
.1 Any person who engages in work at a project site within a Critical Area, and
A. Fails to obtain a Critical Area Permit (CAP) or any other development permit or
authorization when required pursuant to this Ordinance; or
B. Fails to comply with any permit condition required pursuant to this Ordinance; or
C. Fails to submit a Preliminary Checklist or a Critical Areas Supplement when
required to do so under this Ordinance; or
D. Fails to comply with any condition of a permit, exemption or a written
authorization issued pursuant to this Ordinance; or
E. Fails to comply with Minimum Conservation Standards for agricultural activities
pursuant to this Ordinance,
shall be guilty of a civil offense and shall be fined a sum not to exceed one thousand
dollars ($ 1,000.00) for each offense. Each day of site work in conjunction with any
of the above violations shall constitute a separate offense.
2 The penalty provided in the above Section shall be imposed by a notice in writing,
either by certified mail with return receipt requested, or by personal service to the
person, incurring the same from the Administrator. The notice shall include the
amount of the penalty imposed and shall describe the violation with reasonable
particularity in ordering the act or acts constituting the violation or violations to cease
and desist or, in appropriate cases, requiring necessary corrective action to be taken
within a specific and reasonable time. '
.3 Within thirty (30) days after the notice is received, the person incurring the penalty
may apply in writing to the Administrator for remission or mitigation of such penalty.
Upon receipt of the application, the Administrator may remit or mitigate the penalty
upon whatever terms the department in its discretion deems proper. The
Administrator's final decision on mitigation or revision shall be reviewed by the Hearing
Examiner if the aggrieved party files a written appeal therewith of said decision within
ten (10) days of its issuance.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 30
.4 The Prosecuting Attorney may enforce compliance with this Ordinance by such
injunctive, declaratory or other actions as deemed necessary to ensure that violations
are prevented, ceased, or abated.
.5 If work activity has occurred on a site in violation of Section 3.13.1, any and all
permits or approvals issued by the Administrator may be denied for that site for a
period of up to six (6) years. In addition, prompt restoration of the site will. be
required.
x- .6 In the event any person violates any of the provisions of this Ordinance, the
Administrator shall issue a notice of violation to be delivered to the owner, operator,
or to -be conspicuously posted at the site and order all work to cease until authorized
to proceed. Failure to comply with the order to stop work shall be a gross
misdemeanor punishable upon conviction by a minimum fine of five hundred dollars
($500.00) up to a maximum fine of one thousand dollars ($1,000.00) or one (1) year
in jail, or both. Under no circumstance may the court defer or suspend any portion of
the minimum five hundred dollar ($500.00) fine for any conviction under this.S.e.cti.on.
Each day or part thereof of noncompliance with said order to stop work shall
constitute a separate offense.
3.14 SUSPENSION, REVOCATION
The Administrator may suspend or revoke a permit if the applicant violates the conditions
or limitations set forth in the permit or exceeds the scope of- the work set forth in the
permit.
3.15 SEVERABILITY
Should any Section or provision of this Ordinance be declared invalid, such decision shall
not affect the validity of this Ordinance as a whole.
EMERGENCY CRITICAL AREAS ORDINANCE
SECTION 4
GEOLOGICALLY HAZARDOUS AREAS
Landslide Hazard Areas
4.1 PURPOSE
MARCH 1997
PAGE 31
.1 It is the purpose of this Section to minimize hazards to the public from development
activities on or adjacent to Landslide Hazard Areas.
4.2 CRITICAL AREA - Landslide Hazard Areas
Landslide Hazard Areas fall into two categories: Landslide Hazard Areas and High Hazard
Landslide Areas. Both Landslide Hazard Areas and High Hazard Landslide Hazard Areas are
Geologically Hazardous Areas and therefore Critical Areas under this Ordinance.
1 Landslide Hazard Areas shall include areas potentially subject to landslides based 'on
a combination of geologic, topographic and hydrologic factors. They include any areas
susceptible to landslides because of any combination of bedrock, soil, slope (gradient),
slope aspect, structure, hydrology, or other physical factors. These include, but are
not limited to, the following:
A. Areas with all three of the following characteristics:
1. Slopes between fifteen and thirty -five percent; and
2. Hillsides intersecting geologic contacts with a relatively permeable
sediment overlying a relatively impermeable sediment or bedrock; and
3. Springs or ground water seepage; or
B. Slopes exceeding thirty -five percent (35 %); or
C. Areas that have shown movement during the Holocene Epoch (from ten thousand
years ago to the present) or which are underlain or covered by mass wastage
debris of that epoch; or
D. Areas that show evidence of, or are at risk from, snow avalanches.
.2 High Hazard Landslide Areas are those Landslide Hazard Areas where the
Administrator has determined from review of the Critical Areas Supplement and other
sources, that risk from a landslide due to slope failure is extreme. These include
hazard areas arising from a combination of geologic, topographic, and hydrologic
factors; including, but not limited to, the following:
A. Slopes having gradients steeper than eighty percent (80 %) subject to rockfall
during seismic shaking.
B. Potentially unstable slopes resulting from rapid stream incision, stream bank
erosion, or undercutting by wave action. These include slopes adjacent to
waterways exceeding ten feet in height and sloping at more than a thirty percent
(30 %) gradient.
EMERGENCY CRITICAL AREAS ORDINANCE
4.3 PERMIT EXEMPTIONS
MARCH 1997
PAGE 32
.1 Trails: Public and private trails are allowed on Landslide Hazard Areas provided they
adhere to the construction and maintenance standards in the United States Forest
Service "Trails Management Handbook" (FSH 2309.18, June 1984). Trails' do not
include routes allowing motorized vehicles.
.2 Maintenance and reconstruction of roads and utilities.
.3 Agricultural activity.
4.4 REGULATORY REQUIREMENTS
.1 Projects are prohibited in High Hazard Landslide Areas. To minimize hazards to the
public from projects in these areas, buffers shall be established around High Hazard
Landslide Areas by the Administrator as follows:
A. A 50 foot buffer consisting of native vegetation shall be established from the top,
toe, and along all sides of a High Hazard Landslide Area;
B. The Administrator may increase or reduce the buffer based upon information
contained in the Critical Areas Supplement or other sources to insure safety of the
public.
.2 No critical facilities shall be constructed or located in Landslide Hazard Areas.
.3 Other projects are allowed in Landslide Hazard Areas subject to the following
requirements:
A. The project must cause no increase in surface water discharge or sedimentation
to other properties and shall not decrease slope stability on or off site.
B. Clearing of trees and vegetation shall be limited to that required for access and
sited development in order to prevent erosion and stabilize slopes. .
C. Land divisions shall be clustered where appropriate to reduce disturbance to the
area.
D. On -site soil absorption and sewage disposal systems (septic tanks, absorption
fields, and seepage beds and pits) shall be prohibited within Landslide Hazard
Areas and necessary setbacks unless the design is justified by a qualified geologist
or geotechnical engineer.
EMERGENCY CRITICAL AREAS ORDINANCE
SECTION 5
GEOLOGICALLY HAZARDOUS AREAS
Seismic Hazard Areas
5.1 PURPOSE
MARCH 1997
PAGE 33
It is the purpose of this Section to reduce the risk to life and property damage that results
from earthquakes, and to accelerate recovery from such events.
5.2 CRITICAL AREA: Seismic Hazards
Seismic Hazard Areas are areas subject to a severe risk of earthquake damage as a result
of seismically induced ground shaking, differential settlement, or soil liquefaction. This
includes areas where surface deposits of manmade fill or partially decomposed organic
material average at least five (5) feet in depth, filled wetlands, and areas of._ alluvial
deposits subject to liquefaction. Seismic Hazard Areas are Geologically Hazardous Areas
and therefore Critical Areas under this Ordinance.
5.3 PERMIT EXEMPTIONS
.1 Accessory structures not involving human occupancy.
.2 Maintenance and reconstruction of roads and utilities.
.3 Agricultural activity.
5.4 REGULATORY REQUIREMENTS
.1 No critical facilities shall be constructed or located in Seismic Hazard Areas.
.2 All development shall conform to the provisions of the Uniform Building Code which
contains structural safeguards to reduce risks from seismic activity.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 34
SECTION 6
GEOLOGICALLY HAZARDOUS AREAS
Volcanic Hazard Areas
61 PURPOSE
It is the purpose of this Section to reduce the risk to life and property damage that can
result from a volcanic event and accelerate recovery from a possible event.
6.2 CRITICAL AREA: Volcanic Hazard Areas
Volcanic Hazard Areas are areas where the risk to life and property damage by a large
volcanic event is high. These areas include:
A. Avalanche, mudflow and lava flow hazard zones;
B. Areas of potential ash deposits 35 cm or greater;
C. Pyroclastic and associated hot ash deposit hazard areas.
Volcanic Hazard Areas are Geologically Hazardous Areas and therefore Critical Areas
under this Ordinance.
6.3 PERMIT EXEMPTIONS
.1 All activities other than critical facilities.
6.4 REGULATORY REQUIREMENTS
.1 No critical facilities shall be constructed or located within Volcanic Hazard Areas.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PA GE 35
SECTION 7
GEOLOGICALLY HAZARDOUS AREAS
Mine Hazard Areas
7.1 PURPOSE
It is the purpose of this Section to minimize hazards to the public from abandoned
underground coal mines.
7.2 CRITICAL AREA: Mine Hazard Areas
Mine Hazard Areas are those lands in proximity to abandoned coal mines and associated
underground mine workings. These mine workings include adits (mine entrances),
gangways (haulage tunnels), rooms and chutes (large voids), drifts (water level tunnels),
pillars (coal left for support) and air shafts. Mine Hazards include subsidence, which is the
uneven downward movement of the ground surface caused by underground workings
caving in, contamination to ground and surface water from tailings and underground
workings, concentrations of lethal or noxious gases, and underground mine fires. Mine
Hazard Areas are Geologically Hazardous Areas and therefore Critical Areas under this
Ordinance.
7.3 PERMIT EXEMPTIONS
.1 Accessory structures not involving human occupancy.
2 Maintenance and reconstruction of roads and utilities.
3 Agriculture activity.
7.4 REGULATORY REQUIREMENTS
1 To minimize hazards to the public from activities associated with land alteration or
development in Mine Hazard Areas, buffers shall be established by the Administrator
as follows:
A. A 50 -foot buffer consisting of native vegetation shall be established from the edge
of an identified Mine Hazard Area when the hazards associated with abandoned
mine workings have not been eliminated or mitigated.
B. The Administrator may increase or reduce the buffer to satisfy the purposes of this
Section when based upon information contained in the Critical Areas Supplement
or when strong rationale can be shown to support such a decision.
.2 Alteration of a site containing a Mine Hazard Area may be permitted only when all
significant risks associated with abandoned mine workings have been eliminated or
mitigated so that the site is safe and off -site impacts have been mitigated.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 36
SECTION 8
ALLUVIAL FAN HAZARD AREAS
8.1 PURPOSE
1 It is the purpose of this Section to pursue the following goals:
A. To protect public and private property as well as the health and safety of citizens
from damage due to flooding and catastrophic debris torrents on Alluvial Fans;
B. To regulate land -use so as to avoid the need for construction of flood control
devices on Alluvial Fans and allow for natural hydrologic changes while protecting
property and safety of citizens.
8.2 CRITICAL AREA: Alluvial Fan Hazard Areas
.1 Alluvial Fan Hazard Areas: Those areas on alluvial fans where flooding, boulder floods,
and /or debris torrents have the potential to damage or harm the health or welfare of
the community. Alluvial Fan Hazard Areas are Critical Areas under this Ordinance and
are delineated into "High Hazard Areas" and "Low Hazard Areas" as follows:
A. High Hazard Area: The area generally corresponding to the path of recent and
potential future stream flooding, boulder flooding, and /or debris torrents as
determined by local topography and hydrology. Areas subject to a 1 % or greater
chance of debris torrents, boulder flooding, or water flooding annually. This area
shall also be known as the "Active Fan."
B. Low Hazard Area: The area corresponding to all other areas of the Alluvial Fan
which has historically been subject to stream flooding, boulder flooding, and /or
debris torrents in the geologic past, but which does not exhibit recent hydrologic
or topographic evidence of flood or debris torrent events. This area is known as
the "Inactive Fan."
8.3 PERMIT EXEMPTIONS
.1 Accessory structures not involving human occupancy.
.2 Maintenance and reconstruction of roads and utilities.
.3 Agriculture activity.
8.4 REGULATORY REQUIREMENTS
1 No critical facilities shall be constructed or located within an Alluvial Fan Hazard Area.
.2 All projects on an Alluvial Fan requiring channelization or constriction of any natural
channel are prohibited. .
.3 All projects on a High Hazard Area of an Alluvial Fan are prohibited.
.4 All projects on a Low Hazard Area of an Alluvial Fan must be engineered and
constructed to withstand water levels produced by a debris torrent with a 100
year return interval.
EMERGENCY CRITICAL AREAS ORDINANCE
SECTION 9
CRITICAL AQUIFER RECHARGE AREAS
9.1 PURPOSE
.1 It is the purpose of this Section to pursue the following goals: :
MARCH 199 7
PAGE 37
A. To preserve, protect, and conserve Whatcom County's groundwater resources for
current and future generations by protecting from - -contamination and depletion
those areas that contribute to replenishment of ground water resources, such as
Critical Aquifer Recharge Areas;
B. To prioritize the management, protection and conservation of ground water
recharge areas that provide ground water which is currently used for or planned
to be a source of potable water.
9.2 CRITICAL AREA: Critical Aquifer Recharge Areas
Critical Aquifer Recharge Areas are Critical Areas under this Ordinance.
1 Critical Aquifer Recharge Areas: Those areas of high susceptibility to aquifer
contamination as determined by the Administrator. Criteria for high susceptibility are
contained in the Aquifer Recharge Rating System contained in Appendix A. They have
been generalized below as follows:
A. The project is located on either Soil Conservation Service Hydrologic Soil Group
(HSG) A or B; and,
B. The project is located on either the Sumas Outwash geologic unit or the Nooksack
River Floodplain Alluvium geologic unit; and,
C. More than .50% of the documented well logs within half -mile of the project
indicate a static water level of less than 50 feet below the ground surface as
indicted by the most recent. well log; and,
D. The project is located on a subsurface above the first occurrence of water which
consists of highly permeable materials that are unobstructed by poorly permeable
strata.
9.3 PERMIT EXEMPTIONS
1 Those activities and projects exempt from SEPA regulations.
9.4 ADMINISTRATIVE AUTHORITY
.1 Projects in Critical Aquifer Recharge Areas for which Whatcom County is the lead
agency under SEPA shall be evaluated for their potential adverse impacts on ground
water quality and quantity.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 38
.2 The Administrator shall use the Aquifer Recharge Rating System contained in Appendix
A of this Ordinance as part of a preliminary checklist to help determine if a project is
located in an Aquifer Recharge Area. The Aquifer Recharge Rating System consists
of the general criteria outlined in subsection 9.2.1
3 A SEPA Checklist shall be used as part of a Critical Areas Supplement to assist the
Administrator in taking final action.
4 The SEPA official shall. review the SEPA checklist and submit to the Administrator a
SEPA threshold determination. The SEPA official shall use Appendix B, Sources of -
Ground Water Contamination, and other available sources of information when
reviewing a project for potential ground water contamination in Critical Aquifer
Recharge Areas. The Administrator shall condition or deny any project to minimize the
potential contamination from such sources. Conditions or denial of any project shall.
be based upon information and analysis contained in an Environmental Impact
Statement, a Mitigated Declaration of Non - Significance, or any other relevant
environmental analysis.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
- PAGE 39
SECTION 10
WETLANDS
10.1 PURPOSE
The County Council hereby declares that wetlands are among the county's most valuable and
fragile resources and are essential to preservation of the public health, safety, welfare and
natural environment. In particular, wetlands are of vital importance to fish, wildlife, water
quality, and flood control.
.1 It is the purpose of this Section to pursue the following goals:
A. To recognize that property rights and public services are an essential component
of our political and economic system. Where such rights and public services are
seriously compromised by the goal of wetland preservation, adverse wetland
impacts may be permitted provided there is appropriate mitigation which may
include restoration, enhancement, creation or off -site compensation for any net
loss of wetland functions and values.
B. To recognize and preserve the beneficial wetland uses, functions and values for
fish and wildlife habitat, water quality preservation, plant diversity, flood
attenuation and low flow contribution, and water storage.
C. To recognize and preserve the public trust interest in wetlands and those public
trust interests dependent upon them including fisheries, wildlife, water quality,
flood control and water based recreational activities.
D. To pursue a "no net loss" of wetlands and their functions and values policy
through preservation, restoration, enhancement, creation and on -site or off -site
mitigation, where appropriate.
E. To protect, preserve, perpetuate, and enhance the diverse functions and values of
wetlands in Whatcom County.
F. To promote planning to avoid or minimize damage to wetlands whenever
practicable; to require that activities not dependent upon a wetland location be
located on upland sites wherever practicable as determined by the Administrator;
to permit wetland losses only when all practicable measures have been applied to
reduce those losses that are unavoidable and in the public interest; to provide for
compensation in the form of wetland restoration, enhancement, creation or off -site
mitigation to prevent further losses; to provide for the protection of wetlands via
implementation of all applicable ordinances and regulations, including those of
other agencies with jurisdiction in wetland and water resource matters. Approved
activities should not threaten public safety, the natural functions and values of
wetlands, or otherwise cause nuisance or hazard by:
1. Restricting floodways, reducing flood storage areas or destroying storm
barriers, thereby raising the flood stage and /or increasing flow velocities and
increasing flood damages;.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 40
2. Causing water pollution through any means, including unauthorized application
of pesticides and algacides; disposal of waste or stormwater runoff at
inappropriate sites; or the creation of unstable fills;
3. Increasing erosion;
4. Increasing runoff of sediment and stormwater;
5. Decreasing habitat value for fish and wildlife, including rare, threatened, and
_._ endangered plant and animal species, and commercially and r—aareationally
important fish and wildlife;
6. Interfering with the exchange of nutrients needed by fish and other forms of
wildlife;
7. Adversely affecting ground water recharge or summer low flows in streams;
8. Destroying sites needed for education and scientific research as outdoor
biophysical laboratories, living classroom, and training areas;
9. Reducing the benefits of public property to the public;
10.Adversely impacting aesthetic and property values.
10.2 CRITICAL AREA: Wetlands
1 A regulated wetland and its buffer is a Critical Area.
2 Wetlands:
Wetlands are those areas that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under normal
circumstances, do support a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.
.3 Regulated Wetlands:
Regulated Wetlands include:
A. Category I Wetlands: all
B. Category II Wetlands: all
C. Category III Wetlands: 10,000 sq ft or greater pursuant to the
criteria set forth in Section 10.3 of this
Ordinance
D. Category IV Wetlands: one acre or greater
E. Wetlands altered by enhancement or restoration
F. Wetlands intentionally created from non - wetland areas to mitigate
conversion of other wetlands
EMERGENCY CRITICAL AREAS ORDINANCE
4 Non - regulated Wetlands:
Non - regulated Wetlands include:
A. Category III Wetlands: less than 10,000 square feet;
B. Category IV Wetlands: less than one acre;
MARCH 1997
PA GE 41
C. Intentionally created artificial wetlands from a non - wetland site that were not
required to be constructed as mitigation for adverse wetland impacts. These may
include, but are not limited to, irriga-tion and drainage ditches, grass -lined swales,
canals, detention facilities, wastewater treatment ponds, farm ponds not
contiguous, as defined in this Ordinance, and landscape amenities. The applicant
shall bear the burden of proving that the wetland was intentionally created from
a non - wetland site. In the case where enhancements or restorations are made to
non - regulated, or Category IV or III Wetlands, for purposes other than mitigation,
the original rating shall be maintained even if the changes would otherwise result
in a higher classification.
10.3 WETLAND CATEGORIES
.1 The Administrator shall utilize the wetland category system for purposes of
determining wetland functions and the value of those functions. Wetland categories
shall be applied as the regulated wetland exists on the date of adoption of this
Ordinance as the regulated wetland may naturally change thereafter; or as the
regulated wetland may change in accordance with permitted activities. Wetland
categories shall not be altered to recognize illegal modifications.
2 A determination of wetland categories shall be made by the Administrator. The
Wetland Rating System attached as Appendix D shall be used to assist the
Administrator in making category determinations.
.3 Portions of a Category I or II Wetland may be classified a Category II or III Wetland
based upon its functional characteristics if it meets the following criteria:
A. The portion of the wetland subject to Category III distinction meets the minimum
threshold of 10,000 sq. ft. required for regulatory purposes;
B. The portion of the wetland subject to Category II or III distinction meets the
technical criteria required for a Category II or III Wetland as determined in the
Wetland Rating System adopted as Appendix D;
C. The portion of the wetland rated lower in category functions as a buffer for the
portion of the wetland rated higher in category;
D. The portion of the wetland rated lower in category has a width of at least twice
the required buffer width of that portion of the wetland immediately adjacent to
it that is rated higher in category.
EMERGENCY CRITICAL AREAS ORDINANCE
.4 Wetland Category System
MARCH 199 7
PAGE 42
A. Category I Criteria: Wetlands. or ponds which have exceptional resource value
based on unique qualities, presence of rare wetland communities and sensitivity
to disturbance. These wetlands have one or more of the following features:
1. Documented habitat for endangered or threatened fish, or animal species or for
potentially extirpated plant species recognized by State or Federal agencies;
or,
2. Wetland communities which qualify as quality Natural Heritage wetlands; or,
3. High quality wetlands with irreplaceable ecological functions, including peat
wetlands, estuarine wetlands, or mature forested wetlands; or,
4. Wetlands of exceptional local significance. The criteria for such a designation
includes, but is not limited to, rarity, ground water recharge areas, significant
habitats, unique educational sites or other specific functional values within a
watershed.
1 Wetlands of exceptional local significance may only be designated by the
Whatcom County Council. Such designation shall occur only after a public
hearing in which notice has been given to all property owners within .5
miles of the proposed wetland of exceptional local significance.
B. Category 11 Criteria: Wetlands or ponds that do not contain features outlined in
Category I but do contain:
1 . Documented habitats for. sensitive plant, fish or animal species recognized by
Federal or State agencies; or,
2. Wetlands with significant functions, including peat wetlands, estuarine
wetlands, or mature forested wetlands, which are not high quality but which
cannot be adequately replicated through creation or restoration; or,
3. Wetlands with significant water quality functions, and habitat value determined
through a score of at least 35 points in the Section Q5 of the Whatcom
County Wetlands Rating System (Appendix D); or,
4. Regulated wetlands which provide documented habitat for salmonids.
C. Category III Criteria: Ponds that do not contain the features outlined in Category
I and 11 criteria, or wetlands that do not contain features outlined in Category I or
II, but have one or more of the following features:
1. Wetlands that are contiguous to other wetlands constituting a total of five
acres or larger;
2. Wetlands over 10,000 sq.ft. that are contiguous with a stream, river, pond,
lake or marine water;
3. Isolated wetlands that are five acres or larger;
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 43
4. Wetlands (isolated or contiguous) over 10,000 sq. ft. that provide a critical
aquifer recharge function;
5. Isolated wetlands over .5 acres that have a less than 80% cover of hardhack,
soft rush or alder at least 20 years of age;
6. Isolated wetlands over .5 acres that have less than a 80% cover of non - native
species; including, but not limited to, reed canarygrass and common pasture
grasses.
D. Category IV Criteria: Wetlands one acre or greater that are not included in
Categories I, II or III.
10.4 DETERMINATION OF WETLAND BOUNDARIES
1 Determination of wetland boundaries shall be done in accordance with the delineation
methodology specified in the 1987, or as amended, Corps of Engineers Wetlands
Delineation Manual. Evidence documenting the results of the boundary survey may
be required by the Administrator.
.2 Determination of wetland boundaries shall be the responsibility of the applicant, to be
determined from a field survey by a wetland specialist. At the request of the
applicant, the Administrator may waive the requirements for a delineation when, in the
judgement of the Administrator, sufficient information exists to reasonably determine
the boundaries of a wetland without a delineation.
.3 The Administrator, may perform a delineation of a wetland boundary on parcels where
no more than one single family dwelling unit is allowed.
.4 Where the applicant has provided a delineation of the wetland boundary, the
Administrator shall verify the accuracy of the wetland boundary, and may render
adjustments to the boundary delineation.
10.5 PERMIT EXEMPTIONS
.1 The following uses within a regulated wetland or its buffer area are exempt from the
permit requirements of this Section; provided that, adverse wetland impacts are
minimized, hydrology is not altered and disturbed areas are immediately restored:
A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other
wildlife;
B. Passive activities, including fishing, hunting, bird watching, boating, swimming,
and non - motorized use of existing trails;
C. The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling of
soil, planting of crops, or alteration of the wetland by changing existing
topography, water conditions or water sources;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 199 7
PAGE 44
D. The non - chemical maintenance (but not construction) of drainage ditches and other
constructed storm water management facilities;
E. Low impact education or scientific research;
F. Navigation aids and boundary markers;
G. Boat mooring buoys;
H. Low impact site investigative work necessary for land use application submittals
such as surveys, soil logs, percolation tests and other related activities;
I. Agricultural activities conducted in those wetlands defined as wet meadows under
this Ordinance.
J. Pesticide or fertilizer application applied by applicators licensed by the Washington
State Department of Agriculture.
.2 The following uses are exempt from the permit requirements of this Section when
located in a regulated wetland buffer area (but not a wetland); provided that, adverse
wetland impacts are minimized, hydrology is not altered and disturbed areas are
immediately restored:
A. Normal maintenance and repair of lawfully located existing facilities, structures or
landscaping such as fences, buildings, driveways, roads, lawns, drainage facilities
and utilities, including such utilities as. water and sewer lines, power, petroleum
and telephone lines; provided that such activity does not include the application
of pesticides or fertilizers.
B. Development, including fill, of up to 12,000 sq. ft. in the buffer of a Category Il,
III, or IV wetlands under the following conditions:
a) Category If wetlands: the total surface area of the buffer is 75% or greater in
size than the wetland;
b) The development activity shall intrude no further than the outside half of the
standard buffer for each wetland category;
c) The exemption applies only to existing lots of record or the first legal sub-
division of an existing lot of record and does not apply to subsequent sub-
division within the parent parcel;
d) If the wetland spans .more than one parcel, the cumulative impacts must be
considered.
10.6 WRITTEN AUTHORIZATIONS
.1 The following uses are allowed within a regulated wetland and its buffer area upon
written authorization from the Administrator; provided that, adverse wetland impacts
are minimized, hydrology is not altered and disturbed areas are immediately restored:
A. Normal maintenance and repair of lawfully located existing serviceable structures,
facilities, utilities or improved areas.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 45
B. Minor modification of lawfully located existing serviceable structures, facilities,
utilities or improved areas. Expansion of an existing serviceable structure is not
a minor modification.
C. Removal or destruction of noxious weeds, as listed in chapter 16 -750 WAC;
provided that, the following conditions are met:
1. Cleared areas created by the removal of noxious weeds shall be revegetated
to the satisfaction of the Administrator;
2. The removal or control of noxious weeds shall occur within an approved time
schedule, and the method of removal or control shall be approved by the
Administrator after consultation with other appropriate agencies.
D. The cleaning and maintenance of wetlands within rights -of -way; provided that, the
vegetation is not disturbed beyond that necessary to gain reasonable access to the
water body, and further; provided that, the water body does not support
anadromous fish.
E. Pesticide or fertilizer application except for those applications applied by
applicators licensed by the Washington State Department of Agriculture and
exempted in sub - section 10.5.
F. Construction of structures not subject to development permit requirements which
are designed solely for the personal use of the property owners.
G. Alteration or removal of beaver built structures provided that in a Category I and
II Wetland there is no adverse impact pursuant to 10.8.2.
2 Written authorizations of the Administrator will be appealable to the Hearing Examiner
as provided by this Ordinance.
10.7 RELATIONSHIP TO OTHER JURISDICTIONAL AGENCIES
.1 In cases where the United States Army Corps of Engineers requires an individual
permit in accordance with the Clean Water Act, and it is determined by the
Administrator that the permit conditions satisfy the requirements of this Ordinance,
the Administrator may allow requirements imposed by the Army Corps to substitute
for the requirements of this Ordinance. The Administrator's decision shall be in writing
and mailed to the applicant.
2 In cases where other agencies exert jurisdictional control over wetlands; including, but
not limited to, the Lummi Indian Nation, the Nooksack Tribe, United States Fish and
Wildlife Service, the Environmental Protection Agency, or the Washington State
Departments of Fisheries, Wildlife, and Ecology, and it is determined by the
Administrator that the permit conditions satisfy the requirements of this Ordinance,
the Administrator may allow requirements imposed by these jurisdictions to substitute
for the requirements of this Ordinance. The Administrator's decision shall be in writing
and mailed to the applicant.
EMERGENCY CRITICAL AREAS ORDINANCE
10.8 REGULATORY REQUIREMENTS
MARCH 1997
PAGE 46
.1 There shall be no activity allowed within a regulated wetland or its buffer without a
permit or written authorization unless specifically exempted or otherwise allowed in
this Ordinance.
.2 Beaver built structures shall not be altered in any way that will adversely impact a
Category I and II Wetland, its vegetation, or affect the surface water or ground water
level of the wetland.
3 The Administrator shall issue permits in accordance with the Wetlands Category
System as defined in Section 10.3.4 of this Ordinance.
4 Buffers shall remain naturally vegetated except where the buffer can be enhanced to
improve its functional attributes.
5 All regulated wetlands shall be surrounded by a buffer zone as follows:
A. Category I Wetlands:
High Intensity Land Use: 200 feet wide
Low Intensity Land Use: 100 feet wide
B. Category 11 Wetlands:
High Intensity Land Use: 100 feet wide
Low Intensity Land Use: 50 feet wide
C. Category III Wetlands:
High Intensity Land Use: 50 feet wide
Low Intensity Land Use: 25 feet wide
D. Category IV Wetlands:
High Intensity Land Use: 25 feet wide
Low Intensity Land Use: 25 feet wide
E. All buffers shall be measured on a horizontal plane from the wetland edge.
6 Uses within the buffer and wetland that are allowed by permit are as follows:
A. Category I Wetlands: Unless exempted from permit requirements pursuant to
Sections 3.4 and 10.5 or allowed by written authorization pursuant to 10.6 of this
Ordinance, no activity shall be permitted within a Category I Wetland or buffer
except those necessary.for public access or utilities; or those necessary for public
educational or research purposes; or those necessary to enhance or repair the
wetland. Permit application for the above activities shall not be approved unless
the applicant can demonstrate that the use meets all of the following conditions:
1. The project is in the public interest;
2. The project will result in minimum adverse impacts to the wetland's functional
characteristics; including topography, vegetation, fish and wildlife resources;
and hydrological conditions;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 47
3. The project will not cause significant degradation of ground water or surface
water quality;
4. The project will provide for appropriate mitigation pursuant to Section 10.9.
B. Category II Wetlands: Unless exempted from permit requirements pursuant to
Sections 3.4 and 10.5 or allowed by written authorization pursuant to 10.6 of this
Ordinance, no activity shall be permitted within a Category II Wetrand or buffer
except those projects described in Category I above, and those projects that meet
all of the fo!!cwing conditions:
1. The project is in the public interest;
2. The project will result in minimum adverse impacts to the wetland's functional
characteristics; including topography, vegetation, fish and wildlife resources,
and hydrological conditions;
3. The project will not cause significant degradation of ground water or surface
water quality;
4. The project will provide for appropriate mitigation pursuant to Section 10.9.
C. Category III Wetlands: Activities may be permitted within a Category III Wetland
or its buffer; provided that, the applicant complies with the mitigation requirements
found in section 10.9 of this Ordinance.
D. Category IV Wetlands: Activities may be permitted within a Category IV Wetland
or its buffer; provided that, the function of the wetland is replaced.
.7 Standard Wetland Buffer Width Averaging
A. Standard wetland buffers may be modified by averaging buffer widths. Wetland
buffer width averaging'shall be allowed only where:
1. Averaging is necessary to avoid hardship to the applicant caused by
circumstances peculiar to the property; and,
2. The wetland contains variations in sensitivity due to existing physical
characteristics; and,
3. Low intensity land uses would be located adjacent to areas where buffer width
is reduced, and that such low intensity land uses are guaranteed in perpetuity
by covenant, deed restriction, easement, or other legally binding mechanism;
and,
4. Width averaging will not adversely impact the wetland functions or its values;
and,
5. The total area contained within the wetland buffer after averaging is no less
than that contained within the standard buffer prior to averaging. In no
instance shall the buffer width be reduced by more than 50% of the standard
buffer; and,
EMERGENCY CRITICAL AREAS ORDINANCE
6. Preservation of Wildlife Habitat Conservation Areas is secured.
.8 Increased Wetland Buffers Width
MARCH 1997
PAGE 48
A. The Administrator may require increased standard buffer widths as a permit
condition when it is determined that a larger buffer is necessary to protect wetland
functions and values based on local conditions. This determination may be made
when a larger buffer zone is reasonably related to the viability of the regulated
wetland's function and value and when at least one of the following apply:
1. A larger buffer is necessary to maintain viable populations of existing species;
or,
2. The wetland has been designated a Wildlife Habitat Conservation Area; or,
3. The adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse wetland impacts; or,
4. The adjacent land has minimal vegetative cover or slopes greater than 15
percent; or,
5. The adjacent land use is likely to result in a significant adverse impact to the
wetland functions and values.
.9 Reduced Wetland Buffer Width
A. The Administrator may reduce the standard wetland buffer widths where:
1. The adjacent land is on a stable high bank above the wetland and it can be
clearly determined that no adverse impact will result from the activity; or,
2. The project includes a buffer enhancement plan using native vegetation. The
applicant must clearly demonstrate that an enhanced buffer will provide
additional protection for wetlands functions and values. An enhanced buffer
shall not result in greater than a 50 percent reduction in the buffer width.
10.9 MITIGATION REQUIREMENTS
Wetlands serve numerous functional attributes, many that provide irreplaceable ecological
functions which cannot be replicated. Mitigation of wetlands may take place only when
it can be conclusively shown that the functional characteristics of the existing wetland can
be restored, recreated or enhanced.
.1 Mitigation Sequence
A. Projects otherwise permitted pursuant to this Ordinance shall avoid, minimize, or
compensate for adverse impacts to regulated wetlands or their buffers in the
following order of preference:
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 49
1. Avoiding the adverse impact altogether by not taking a certain action or parts
of an action;
2. Minimizing adverse impacts by limiting the degree or magnitude of the action
and its implementation by using appropriate technology, or by taking
affirmative steps to avoid or reduce adverse impacts;
3. Rectifying the adverse impact by repairing, rehabilitating oc restoring the
affected environment;
4. Reducing or eliminating the adverse impact over time by preservation and
maintenance operations during the life of the action;
5. Compensating for the adverse impact by replacing, enhancing, or providing
substitute resources or environments;
6. Monitoring the adverse impact and the compensation project and taking
appropriate corrective measures.
B. The above sequencing order may be disregarded within Urban Growth Areas or
high intensity land use areas.
C. Mitigation for individual projects may include a combination of the above
measures.
.2 Scone of Mitigation: In making a determination of the extent to which mitigation shall
be required, the Administrator will consider all of the following:
A. The functional characteristics of the wetland and their resource value within the
watershed or sub -basin in which the wetland is located, where information is
available and upon request by the Administrator.
B. The short and long range adverse impacts of the action upon the wetland and
associated ecosystem, and the reversible potential of the impairment or loss;
C. The isolated and cumulative benefit of the wetland functions and associated
resource loss;
D. The type, size, and location of the wetland altered, and the effect it may have
upon the remaining system or watershed of which the wetland is a part;
E. Observed or predicted trends regarding the gains or losses of this type of wetland
in the watershed, in light of natural and human processes;
F. The likely success of the possible mitigation measures; and
G. The degree to which the applicant has demonstrated a good -faith effort to
incorporate measures to minimize and avoid adverse wetland impacts within the
proposed project.
EMERGENCY CRITICAL AREAS ORDINANCE
3 Compensatory Mitigation: General Requirements
MARCH' 1997
PAGE 50
Compensatory mitigation shall be required for projects in Category I, II and III Wetlands
or their buffers when alteration of the wetland or buffer result in a loss to-the wetland
or buffer, or results in an adverse impact to the wetland's functions or value.
A. Any person who alters wetlands or their buffers which require compensatory
mitigation shall restore, create, or enhance equivalent areas of those wetlands at
a minimum 2:1 ratio (mitigation site: altered site) in order to compensate for
wetland losses. The restored, created, or enhanced mitigation project shall at a
minimum provide an equivalent level of wetland functions. Buffer areas shall be
restored or replaced at a ratio of 1:1. The restored or created buffer area must
recreate the functional characteristics of natural buffer areas and contain the
functional attributes expected of a wetland buffer.
B. On -site restoration or replacement of the adversely impacted wetland will be the
preferred alternative for compensatory mitigation efforts.
C. Where the Administrator determines that on -site mitigation is not feasible due to
technical constraints, the Administrator may accept an alternative proposal. Such
proposal may involve the restoration, enhancement or creation of a wetland off -
site or participation in a mitigation banking system.
D. Compensation plans shall be completed and approved by the Administrator prior
to wetland alteration. Compensation projects shall be completed concurrent with
the development activity unless a delay of the compensation project will reduce
adverse impacts to fish, wildlife, and water quality and /or quantity.
E. Construction of compensation projects shall be timed to reduce adverse impacts
to fish, wildlife and flora. Construction shall be timed to assure grading and soil
movement occurs during the dry season; and planting of vegetation is specifically
timed to the needs of the target species. This may require the construction of the
compensation area over several seasons (late summer through spring).
F. Compensatory Mitigation shall be conducted on property which will be protected
and managed to avoid further development or degradation. The applicant or
violator must provide for long -term preservation of the compensation area.
G. The applicant and their representatives shall demonstrate sufficient scientific
expertise, supervisory capability, and financial resources to carry out the project;
and shall demonstrate the capability for monitoring the site, and making
corrections if the project fails to meet projected goals.
H. A performance bond, assignment of savings, or other like security shall be required
by the Administrator for compensatory mitigation projects in an amount necessary
to insure full performance of all required and approved construction. Upon
completion of the project, the performance bond shall be released.
I. A maintenance bond, assignment of savings, or other like security shall be required
by the Administrator in an amount necessary to provide for future site monitoring
and possible corrective action required for compensatory mitigation projects. This
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 51
bond, assignment of savings, or the security shall be released no later than five
years after completion of the mitigation project.
J. Site Selection: compensation sites shall be selected in the following order of
preference: 1) filled, drained, or cleared sites which were formerly viable wetlands
and where appropriate hydrology exists; 2) upland sites adjacent to wetlands, if
the upland is significantly disturbed and does not contain a mature forested or
shrub community of native species, and where appropriate natural sources of
hydrology exist.
.4 Off -Site Compensatory Mitigation
A. Off -site compensation may be accepted as appropriate mitigation in high intensity
land use areas if on -site compensation is not scientifically feasible due to
hydrology, soils, waves, or other factors; or on -site compensation is not practical
due to potentially adverse impact from surrounding land uses; or proposed
functional values at the site of the proposed restoration are significantly greater
than lost wetland functional values; or regional goals for flood storage, flood
conveyance, habitat or other wetland functions have been established and strongly
justify location of compensatory measures at another site.
B. Off -site compensation shall occur within an area where the most significant
improvement to the water resource will take place with the greatest likelihood of
success.
C. Off -site compensation shall occur within the watershed sub -basin which is
adversely impacted. This provision may be waived only under one of the following
conditions:
1. The Administrator determines that the existing sub -basin is so degraded that
another basin location would be more ecologically beneficial; or,
2. The wetland relocation is in the public interest.
5 Compensatory Mitigation: Cooperative Compensation Projects
A. The Administrator may encourage, facilitate, and approve cooperative mitigation
compensation projects among more than one applicant where:
1. The mitigation compensation project includes one or more larger wetlands as
opposed to many small wetlands; and
2. The group demonstrates the organizational and fiscal capability to act
cooperatively; and
3. The group demonstrates that longterm management of the compensation area
can and will be provided; and
4. There is a clear likelihood for success of the proposed compensation project
at the compensation site.
EMERGENCY CRITICAL AREAS ORDINANCE
6 Mitigation Plan
MARCH 1997
PAGE 52
A. Any person required to develop a wetland mitigation project or contribute to a
mitigation bank, shall submit a mitigation plan to the Administrator. The plan shall
describe at a minimum:
1. The location of the proposed project site; ownership;
2. The size and type of existing wetland; complete ecological assessment (flora,
fauna, hydrolog ; & - functions, etc.) of the wetland being restored, enhanced, or
the area where a new wetland will be created;
3. The natural suitability of the proposed site for establishing the replacement
wetland (i.e., water source and drainage patterns, topographic position, fish
and wildlife habitat opportunities, value of the existing area to be converted,
etc.);
4. An estimation of likely success based on comparable mitigation efforts;
5. Quantifiable goals and objectives in order for the Administrator to determine
the success of the plan overtime and to release performance bonds, or require
.contingency actions, if necessary;
6. A plane view and cross - sectional scaled drawings; topographic survey data,
including slope percentage and final grade elevation; and other technical
information as required in sufficient detail to describe and provide for:
a. Soil and substrate conditions; topographic elevation; grading and
excavation; erosion and sediment control needed for wetland /stream
construction and long -term survival;
b. Planting plans specifying plant species types, quantities, locations,
size, spacing, or density; source of plant materials, starts or seeds;
timing, water needs, nutrient requirements for planting; and, where
appropriate, measures to protect plants from predation;
c. Water quality parameters, water source, water depths, water control
structures, and water level maintenance practices needed to achieve
the necessary water conditions and hydrocycle /hydroperiod
characteristics;
d. Project maintenance, monitoring and replacement plan establishing
responsibility in the event of initial failure or interference from
undesirable or nuisance vegetation and permanent establishment of the
wetland /stream system and all its components;
e. A demonstration of fiscal, administrative, and technical competence of
sufficient standing to successfully execute the overall project and the
capability for monitoring the site and making corrections if the project
fails to meet projected goals.
EMERGENCY CRITICAL AREAS ORDINANCE
.7 Mitigation Banking
MARCH 1997
PAGE 53
A mitigation banking system shall be developed by a Technical Committee and
reviewed by the Citizens Advisory Committee to be integrated into the permanent
Critical Areas Ordinance.
10.10 WETLAND ENHANCEMENT
�.._. .1 The Administrator may waive the requirements of this Ordinance when a prG-Pasal is
intended exclusively for the enhancement of an existing regulated wetland, when the
following conditions are met:
A. The enhancement project is not associated with development activity; and
B. The project is approved by either the U.S Department of Fish and Wildlife or the
Washington State Departments of Fisheries or Wildlife.
10.11 PUBLIC INTEREST TEST
The Public Interest Test is based upon 33 Code of Federal Regulations 320.4 A as it exists
at the date of adoption of this Ordinance which is hereby incorporated by reference and
paraphrased below.
To perform the public interest test, the Administrator shall balance the benefits which may
reasonably be expected to accrue from a proposed regulated activity against its reasonably
foreseeable adverse wetland /stream impacts. For a proposed activity to be found contrary
to the public interest, the outcome of this balancing process must show the adverse impacts
of the proposal to significantly outweigh its benefits.
Factors which shall be taken into account in the balancing process include, but are not
necessarily limited to, the following: general environmental concerns; wetlands /streams; fish
and wildlife values; flood hazards; floodplain values; conservation of resources; water quality;
energy needs; food and fibre production; mineral needs; land use; private property values;
economics; historic and aesthetic values, and the general safety and welfare of the residents
of the county.
The following general criteria shall be used to evaluate the factors used in the balancing
process:
1. The extent of the public and private need for the proposed activity;
2. The extent and permanence of the beneficial and /or adverse impacts that the proposed
regulated activity may have on the public and private uses to which the area is suited;
3. The quality of the functions of the affected wetland /stream and the extent of
wetland /stream disturbance;
4. The economic value of the proposed regulated activity to the public;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 199 7
PA GE 54
5. The probable impact of the proposed regulated activity on the health and welfare of
plants, fish, wildlife and people.
The Administrator shall issue a public written summary of its findings of fact and the results
of the balancing process used to evaluate each proposed activity.
10.12 AGRICULTURE RESTRICTIONS: Wetlands
.1 Notwithstanding all other provisions in this Ordinance, agriculture activities may be
conducted on agricultural land within a regulated wetland or its buffer upon:
A. Submission of a Conservation Plan approved by the Whatcom County
Conservation District; and,
B. Conformance with the Soil Conservation minimum standards and specifications
.2 The Whatcom County Conservation District shall approve all Conservation Plans with
assistance and consultation from the U.S. Soil Conservation Service. A District
determination is not final until it is reduced to writing and mailed to the Administrator.
3 Preparation of a Conservation Plan shall be the responsibility of the applicant. Upon
completion of the proposed Conservation Plan, the applicant is required to provide
copies of the Conservation Plan to the Conservation District, the Departments of
Fisheries or Wildlife, and Whatcom County for review. A properly completed
Conservation Plan shall be approved, conditioned or disapproved by the Conservation
District within 30 calendar days of receipt of the Conservation Plan. If no action is
taken within 30 days, the Conservation Plan shall be deemed approved.
.4 Upon approval from the Whatcom County Conservation District, an approved
Conservation Plan shall be sent, by the landowner, to the Whatcom County
Administrator who will maintain an updated file of all Conservation Plans for public
inspection.
.5 An approved Conservation Plan satisfies all requirements under this Ordinance.
.6 To remain valid, a Conservation Plan must be reviewed and updated every five years
to insure adequate protection of Critical Areas.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PA GE 55
SECTION 11
RIVERS AND STREAMS
11.1 PURPOSE
.1 It is the purpose of this Section to pursue the following goals: _
A. To recognize the beneficial uses, functions and values of streams including:
wildlife and fisheries habitat, water resuorce enhancement, open space, aesthetics
and recreation.
B. To recognize and preserve the public trust interest in fisheries, wildlife, water
quality, flood control and water based recreation.
11.2 CRITICAL AREA: Rivers and Steams
Rivers, streams and their buffers are Critical Areas.
1 River: Those areas where surface waters produce a defined channel or bed and the
mean annual flow is 20 cubic feet per second or greater.
.2 Stream: Those areas where surface waters produce a defined channel or bed and the
mean annual flow is under 20 cubic feet per second. A defined channel or bed is an
area which demonstrates clear evidence of the passage of water and includes, but is
not limited to, bedrock channels, gravel beds, sand and silt beds, and defined - channel
swales. The channel or bed need not contain water year- round. This definition
includes drainage ditches, canals, or other artificial water courses which were natural
streams prior to construction of the artificial watercourse.
.3 All rivers and streams shall be designated as Type 1 through 5 Waters in accordance
with the criteria set forth in Appendix E. River or stream segments that meet the
criteria for more than one Type shall be classified the lowest numerical Type.
11.3 PERMIT EXEMPTIONS
.1 The following uses within a river or stream and its buffer are exempt from the permit
requirements of this Section; provided that, adverse impacts are minimized, hydrology
is not altered and disturbed areas are immediately restored:
A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other
wildlife;
B. Passive activities, including fishing, bird watching, boating, swimming, and non -
motorized use of existing trails;
C. The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling of
soil, planting of crops, or alteration of the river or stream by changing existing
topography, water conditions or water sources;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 56
D. The non - chemical maintenance (but not construction) of drainage ditches and other
constructed storm water management facilities;
E. Low impact education or scientific research;
F. Navigation aids and boundary markers;
G. Boat mooring buoys;
H. Low impact site investigative .v-ork necessary for land use application submittals
such as surveys, soil logs, percolation tests and other related activities.
River gravel bar extractions within the jurisdiction of the Shoreline Management
Program.
J. Pesticide or fertilizer application applied by applicators licensed by the Washington
State Department of Agriculture.
.2 The following uses are exempt from the permit requirements of this Section when
located in a the buffer area of a river or stream; provided that, adverse wetland
impacts are minimized, hydrology is not altered and disturbed areas are immediately
restored:
A. Normal maintenance and repair of lawfully located existing facilities, structures or
landscaping such as fences, buildings, driveways, roads, lawns, dikes, drainage
facilities and utilities; including such utilities as water and sewer lines, power,
petroleum and telephone lines; provided that, such activity does not include the
application of pesticides or fertilizers, unless applied by Washington State
Department of Agriculture licensed applicator.
11.4 WRITTEN AUTHORIZATIONS
.1 The following uses are allowed within a river or stream and its buffer area upon
written authorization. from the Administrator; provided that, adverse impacts are
minimized, hydrology is not altered, and disturbed areas are immediately restored:
A. Normal maintenance and repair of lawfully located existing serviceable structures,
roads, railroads, utilities, improved areas or facilities;
B. Minor modification of lawfully located existing serviceable structures, facilities,
utilities, or improved areas. Expansion of an existing serviceable structure is not
a minor modification.
C. Removal or destruction of noxious weeds, as listed in chapter 16 -750 WAC;
provided that, the following conditions are met:
1. Cleared areas .created by the removal of noxious weeds shall be revegetated
to the satisfaction of the Administrator;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 57
2. The removal or control of noxious weeds shall occur Within an approved time
schedule, and the method of removal or control shall be approved by the
Administrator after consultation with other appropriate. agencies.
D. The cleaning and maintenance of rivers or streams within rights -of -way; provided
that, the vegetation is not disturbed beyond that necessary to gain reasonable
access to the water body and further; provided that, the water body does not
support anadromous fish.
E. -- Pesticide or fertilizer - application except for those applications - - applied by —`
applicators licensed by the Washington State Department of Agriculture and
exempted in sub - section 11.3.
F. Construction of structures not subject to development permit requirements which
is designed solely for the personal use of the property owner.
11.5 RELATIONSHIP TO OTHER JURISDICTIONAL AGENCIES
.1 In cases where other agencies exert jurisdictional control over rivers and steams;
including, but not limited to, the Lummi Indian Nation, the Nooksack Tribe, the United
States Fish and Wildlife Service, the Environmental Protection Agency, or the
Washington State Departments of Fisheries, Wildlife, and Ecology; and it is determined
by the Administrator that the permit conditions satisfy the requirements of this
Ordinance, the Administrator may allow requirements imposed. by these jurisdictions
to substitute for the requirements of this Ordinance. The Administrator's decision
shall be in writing and mailed to the applicant.
.2 When development falls within the jurisdiction of the Shoreline Management Program,
the buffers required under this Ordinance shall not exceed the shore setbacks of the
Shoreline Management Program.
11.6 REGULATORY REQUIREMENTS
.1 There shall be no activity allowed within a river, stream, or its buffer without a permit
or written authorization unless specifically exempted or otherwise allowed by this
Ordinance.
2 Buffer requirements: All rivers and streams shall be protected on both sides by a
buffer as follows:
B. Slope gradient refers to the average gradient across the width of the buffer area.
slope
slope
slope
A. Buffer Widths:
-gradient
gradient
gradient
0% -15%
> 15 -35%
> 35%
1.
Type 1 Water:
50 ft
100 ft
200 ft
2.
Type 2 Water:
50 ft
100 ft
200 ft
3.
Type 3 Water:
50 ft
100 ft
200 ft
4.
Type 4 Water:
50 ft
100 ft
200 ft
5.
Type 5 Water:
50 ft
100 ft
100 ft
B. Slope gradient refers to the average gradient across the width of the buffer area.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 58
C. Buffers shall remain naturally vegetated except where the vegetation has been
invaded by noxious weeds; or would substantially benefit from the increased
diversity of introduced species; or where the natural buffer can be enhanced for
habitat, bank stabilization or water quality purposes.
D. All buffers shall be measured horizontally from the ordinary high water mark;
provided that, on erosional or otherwise geologically unstable banks exceeding ten
feet in height and sloping at more than 40% gradient, such buffers shall be
measured from the bank rim or crest of such slope.
E. Increased Standard River and Stream Buffer Width
1. The Administrator may require increased buffer widths as a permit condition
when a larger buffer is necessary to protect river /stream functions. This
determination may be made when at least one of the following apply:
a. A larger buffer is necessary to maintain viable populations of existing fish
and wildlife species; or,
b. The adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent degradation to water quality; or,
c. A larger buffer is necessary to maintain relatively constant annual water
flows.
F. Reduced Standard River and Stream Buffer Width
1. The Administrator may reduce the standard river or stream buffer widths
where:
a. The adjacent land is on a stable high bank above the river or stream or its
floodplain; and it can be clearly determined that no adverse impact will
result from the activity, or,
b. The project includes a buffer enhancement plan using native vegetation.
The applicant must clearly prove that an enhanced buffer will provide
additional protection for the river or stream. An enhanced buffer shall not
result in greater than a 50 percent reduction in the buffer width.
.3 No activity shall be permitted within a river /stream or its buffer except those that meet
all of the following conditions:
A. The project will result in minimum adverse impacts to the river or stream; including
its topography, vegetation, and fish and wildlife resources;
B. The project will not cause significant degradation of groundwater or surface water
quality;
C. The project will provide for appropriate mitigation pursuant to Section 10.9.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 59
11.7 AGRICULTURE RESTRICTIONS: Rivers and Streams
1 Notwithstanding all other provisions in this Ordinance, agriculture activities may be
conducted on agricultural land within .regulated river /stream or their buffer upon:
A. Submission of a Conservation Plan approved by the Whatcom County
Conservation District; and,
B. Conformance with the Soil Conservation minimum standards and specifications
.2 The Whatcom County Conservation District shall approve all Conservation Plans with
the assistance ,and consultation from the U.S. Soil Conservation Service. A District
determination is not final until it is reduced to writing and mailed to the Administrator.
3 Preparation of a Conservation Plan shall be the responsibility of the applicant. Upon
completion of the proposed Conservation Plan, the applicant is required to provide
copies of the Conservation Plan to the Conservation District, the Departments of
Fisheries or Wildlife, and Whatcom County for review. A properly completed
Conservation Plan shall be approved, conditioned or disapproved by the Conservation
District within 30 calendar days of receipt of the Conservation Plan. If no action is
taken within 30 days, the Conservation Plan shall be deemed approved.
.4 Upon approval from the Whatcom County Conservation District, an approved
Conservation Plan shall be sent, by the landowner, to the Whatcom County
Administrator who will maintain an updated file of all Conservation Plans for public
inspection.
5 An approved Conservation Plan satisfies all requirements under this Ordinance.
6 To remain valid, a Conservation Plan must be reviewed and updated every five years
to insure adequate protection of Critical Areas.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 60
SECTION 12
FISH HABITAT CONSERVATION AREAS
12.1 PURPOSE
1 It is the purpose of this Section to pursue the following goals:
A. Ensure the continued existence, and encourage enhancement of anadromous and
resident fish species in Whatcom County by protecting and conserving valuable
fish habitat.
B. Encourage the preservation of natural stream functions that support fish
populations.
C. To recognize and preserve the public trust interest in fisheries and fish habitat.
12.2 CRITICAL AREA: Fish Habitat Conservation Areas
Fish Habitat Conservation Areas are Critical Areas. Fish Habitat Conservation Areas can
be divided into two categories as follows:
1 Fish Habitat Area (FHA): A Fish Habitat Area (FHA) is any lake, shoreline, river,
stream, pond, or wetland where fish presently reside or where the habitat is suitable
for viable populations of fish to reside. These waters generally consist of Type 1, 2,
or 3 Waters but may include Type 4 Waters seasonally.
.2 Critical Fish Habitat Areas (CFHA): Critical Fish Habitat Areas are those Fish Habitat
Areas (FHA) which provide one or more types of essential habitats as defined below:
A. Essential Habitat Utilized by Sensitive, Threatened, Endangered, or Candidate
Species: These species are listed under the heading of Listed Species under the
Federal or State Endangered Species Act.
B. Essential Habitat Utilized by Species of Local Importance: Habitats for fish
determined to be of local importance which are essential for their continued
existence.
1. Fish of Local Importance: Fish of Local Importance are those species or races
of anadromous or resident fish whose diminished population size severely
restricts commercial or recreational fishing opportunities as determined by the
Fish Habitat Board. This includes species or races of anadromous or resident
fish that may be abundant elsewhere but in Whatcom County their distribution
or abundance is limited. Protection of habitat for these fish populations play
a significant role in the recovery of the species.
2. The following fish are likely candidates for the designation of Fish of Local
Importance:
1) Native Chinook Salmon
2) Naturally Spawning Coho
3) Native Steelhead
EMERGENCY CRITICAL AREAS ORDINANCE
4) Bull Trout
5) Kokanee in Lake Whatcom and Lake Samish
6) Native Chum Salmon
7) Longfin Smelt (Hooligans)
8) White and Green Sturgeon
9) Sockeye Salmon
10) Sea -run Cutthroat
1 1) Lake Whatcom Cutthroat
12) Pink Salmon
MARCH 1997
PAGE 61
C. Essential Habitats Supporting Critical Life Stages: Those habitats supporting
anadromous and resident fish during a life stage that is critical to their life cycle.
.3 The following are geographic areas or environments in which essential habitats are
most likely to occur and should be considered for inclusion in a Fish Habitat
Conservation Area (FHCA):
(a) Stream segments, ponds, and side channels where spawning gravel is a
limiting factor to fish populations. The critical life stage is spawning.
(b) Wetlands, ponds, and side channels that are frequently.used by anadromous
and resident fish. The critical life stage is over - winter rearing and holding.
(c) Estuarine habitat. The critical life stage is juvenile rearing and smolting.
(d) Near -shore lake habitats with suitable substrate for spawning. The critical life
stage is spawning.
12.3 LOCATING AND DESIGNATING FISH HABITAT CONSERVATION AREAS (FHCA)
.1 A FISH HABITAT BOARD consisting of eight members shall be selected by the
Whatcom County Council. The Board shall be identified as the WHATCOM COUNTY
FISH HABITAT BOARD. One representative shall be selected from each of the
following:
Lummi Indian Nation
Nooksack Tribe
State Department of Wildlife
State Department of Fisheries
Whatcom County
Local Sports Fishing Representative
Local Fish Enhancement Representative
Local Commercial Fishing Representative
A. The Whatcom County FISH HABITAT BOARD shall have the following
responsibilities:
1. Clarify FHCA criteria;
2. Develop a clear methodology and protocol for making FHCA determinations;
3. Identify and recommend locations for designation of Fish Habitat Conservation
Areas;
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 62
4. Assist Planning staff in developing permanent regulations that protect FHCAs;
5. Recommend appropriate buffer requirements to preserve the FHCAs.
B. The Fish Habitat Board shall issue a report that communicates its findings and
recommendations. The Board shall present these findings to the County Council
prior to Council approval of the Fish Conservation element of the permanent
Critical Areas Ordinance. The Whatcom County Planning Department shall assist
the Board in fulfilling its responsibilities under this Ordinance.
C. The Fish Habit-at Board shall be guided by the subsections 12.1 and 12.2 of this
Section in developing its recommendations to the Planning Commission.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 63
SECTION 13
WILDLIFE HABITAT CONSERVATION AREAS
13.1 PURPOSE
.1 Many land use activities-can adversely impact wildlife habitat. Where areas of critical
wildlife habitat are subject to development pressure, all proposed activities in- proximity
to the habitats should be evaluated to determine whether the proposed land use is
compatible with the wildlife and its associated habitat. Therefore, it is th,-- purpose of
this Section to pursue the following goals:
A. To preserve Critical Wildlife Habitats so that isolated populations of species are not
created and habitat fragmentation is avoided.
B. To recognize and preserve the public interest in wildlife and its habitat;
C. To maintain the natural geographic distribution of Critical Wildlife Habitat. -- " -
D. To maintain the components necessary for the health and maintenance of a viable
wildlife population over time. These areas provide the essential elements common
to the successful survival and reproduction of all species including food, water,
and cover.
13.2 CRITICAL AREA: Wildlife Habitat Conservation Areas
1 Wildlife Habitat Conservation Areas support Critical Wildlife and are therefore Critical
Areas.
.2 The following are Wildlife Habitat Conservation Areas:
A. Priority Species Areas: Priority species habitats, and their recommended buffers
identified in Management Recommendations for Washington's Priority Habitats and
Species, Washington Department of Wildlife (WDW), May 1991, or as amended.
The buffer recommendation of this text shall be incorporated in full herein as part
of a Wildlife Habitat Conservation Area.; development may occur in such areas
subject to 13.6 of this Ordinance. (See Appendix F for a summary and partial list
of species and buffers recommendations.); or,
B. Priority Habitat Areas, including:
1. Critical Habitat Areas: natural areas, open spaces or blocks of significant,
locally unique habitat(s) supporting a diversity and /or concentrations and /or
abundance of wildlife species, including WDW designated priority species.
Critical Habitat Areas; include, but are not limited to, estuaries and estuarine
wetlands, old growth forests, snag rich areas, complex wetlands, eelgrass
beds, fresh water ponds and lakes, and associated shorelines; or
2. Species Management Areas: areas delineated, actively monitored, and
managed for a specific species and its primary habitat, for which a
Management Plan exists, is in draft, or is jointly being negotiated by WDW,
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 64
USFWS, Whatcom County and the landowner(s). These areas include habitat
associated with Federally or State listed endangered, threatened, sensitive or
candidate species and species of local importance; or
3. Critical Seasonal Use Areas: a habitat or area with which a species or groups
of species have a primary, seasonal association for staging, feeding, wintering
nesting, denning, rearing or other wild activities; or,
4. Corridors: corridors consisting of significant functional habitats relating to
migration, travel, linkage with other habitat areas, and water bodies (riparian
corridors). These may vary in width depending on variables such as species
sensitivity and tolerance and adjacent land uses; or,
5. Micro Habitats: caves, cliffs, talus slopes, coppices, forested meadows; or,
6. Reserves: designated State and Federal Natural Area Preserves, Natural
Resource Conservation Areas, State Parks, Land Trust and Nature
Conservancy lands, and significant wildlife areas planned for permanent
preservation through acquisition or other means.
13.3 PERMIT EXEMPTIONS
1 The following uses within a Wildlife Habitat Conservation Area are exempt from the
permit requirements of this Section; provided that, adverse impacts are minimized and
disturbed areas are immediately restored:
A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other
wildlife;
B. Passive activities, including fishing, bird watching, boating, swimming, and non -
motorized use of existing trails;
C. The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling of
soil, planting of crops, or, alteration of the wetland by changing existing
topography, water conditions or water sources;
D. The non - chemical maintenance (but not construction) of drainage ditches and other
constructed storm water management facilities;
E. Low impact education or scientific research;
F. Navigation aids and boundary markers;
G. Boat mooring buoys;
H. Low impact.site investigative work necessary for land use application submittals
such as surveys, soil logs, percolation tests and other related activities.
I. Normal maintenance and repair of lawfully located existing facilities, structures or
landscaping such as fences, buildings, driveways, roads, lawns, drainage facilities
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 65
and utilities, including such utilities as water and sewer lines, power, petroleum
and telephone lines; provided that, such activity does not include the application
of pesticides or fertilizers.
J. Construction, repair or remodel of single family dwelling units in high intensity
areas.
K. Pesticide or fertilizer application applied by applicators licensed by the Washington
State Department of Agriculture.
13.4 WRITTEN AUTHORIZATIONS
1 The following uses are allowed within a Wildlife Habitat Conservation Area upon
written authorization from the Administrator; provided that, adverse impacts are
minimized; hydrology is not altered; and disturbed areas are immediately restored:
A. Minor modification of lawfully located existing serviceable structures, facilities,
utilities or improved areas. Expansion of an existing serviceable structure is not
a minor modification.
B. Removal or destruction of noxious weeds, as listed in chapter 16 -750 WAC;
provided that, the following conditions are met:
1. Cleared areas created by the removal of noxious weeds shall be revegetated
to the satisfaction of the Administrator;
2. The removal or control of noxious weeds shall occur within an approved time
schedule, and the method of removal or control shall be approved by the
Administrator after consultation with other appropriate agencies.
C. The cleaning and maintenance of Wildlife Habitat Conservation Areas within rights -
of -way; provided that, the vegetation is not disturbed beyond that necessary to
gain reasonable access to the water body, and further; provided that, the water
body does not support anadromous fish.
D. Pesticide or fertilizer application except for those applications applied by
applicators licensed by the Washington State Department of Agriculture and
exempted in sub - section 13.3.
E. Construction of structures not subject to development permit requirements which
are designed solely for the personal use of the property owner.
13.5 RELATIONSHIP TO OTHER JURISDICTIONAL AGENCIES
1 In cases where other agencies exert jurisdictional control over Wildlife Habitat
Conservation Areas; including, but not limited to, the Lummi Indian Nation, the
Nooksack Tribe, the United States Fish and Wildlife Service, the Environmental
Protection Agency, or the Washington State Departments of Fisheries, Wildlife, and
Ecology, and it is determined by the Administrator that the permit conditions satisfy
the requirements of this Ordinance, the Administrator may allow requirements imposed
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 66
by these jurisdictions to substitute for the requirements of this Ordinance. The
Administrator's decision shall be in writing and mailed to the applicant.
13.6 REGULATORY REQUIREMENTS
Activities may be permitted within a Wildlife Habitat Conservation Area subject to conditions
designed to protect priority species and their habitat from adverse impacts. Such conditions
may include establishment of a reasonable buffer and restriction of uses. These regulations
shall be based upon the Habitat Assessment - Management Plan, comments from agencies, or
any other information available to the Administrator. The Administrator may deny a project
in a Wildlife Habitat Conservation Area if it presents a serious risk of significant adverse
impact or isolation of a Wildlife Habitat Conservation Area. The Administrator may approve
development in wildlife recommended buffers if it presents no serious risk of significant
adverse impact or isolation of a Wildlife Habitat Conservation Area.
13.7 LOCATING AND DESIGNATING WILDLIFE HABITAT CONSERVATION AREAS (WHCA)
.1 A WILDLIFE HABITAT BOARD shall be selected by the Whatcom County Council. The
Board shall be identified as the WHATCOM COUNTY WILDLIFE HABITAT BOARD.
A. The Whatcom County WILDLIFE HABITAT BOARD shall have the following
responsibilities:
1. Clarify Wildlife Habitat Conservation Area criteria WHCA;
2. Develop a clear methodology and protocol for making WHCA determinations;
3. Assist Planning staff in developing permanent regulations that protect WHCAs;
4. Recommend appropriate measures to preserve the WHCAs.
B. The Wildlife Habitat Board shall issue a report that communicates its findings and
recommendations. The Board shall present these findings to the County Council
prior to Council approval of the Wildlife Conservation element of the permanent
Critical Areas Ordinance. The Whatcom County Planning Department shall assist
the Board in fulfilling its responsibilities under this Ordinance.
C. The Wildlife Habitat Board shall be guided by the subsections 13.1 and 13.2 of
this Section in developing its recommendations to the Planning Commission.
EMERGENCY CRITICAL AREAS ORDINANCE
APPENDIX A
AQUIFER RECHARGE RATING SYSTEM
MARCH 1997
PAGE 67
Critical Aquifer Recharge Areas shall be determined on the basis of hydrogeologic ,soils and geologic
data. The following sequence of questions provides a quantifiable means of reaching a determination:
1. Does the project include any sources of ground water contamination as: listed in Appendix B?
Yes: go to question #2. No: A supplement (SEPA checklist) is not required.
2. Is the project in an Aquifer Recharge area?
2a Is the soil type at the proposed location in Hydrologic Soil Group (HSG) either A or B? (Refer
to aggregated soil map; if scale too small, refer to HSG designations in published Soil Conservation
Service Soil Survey. HSG's shown on reference list.)
Yes: 1 No:0
2b Is the location in either of the following geologic units: Sumas Outwash, or Nooksack River
Floodplain Alluvium? (Refer to map overlay based on Geologic Map of Western Whatcom County,
Washington; Easterbrook, 1976; Misch, 1966; Moen, 1963.)
Yes: 1 No:0
2c. Do more than half of the well logs within one mile radius show an initial static water level of
less than 50' below ground surface? (Refer to Planning Dept. Well Log Database. If questions
arise, consult hard copy version of well logs at Health Dept.)
Yes: 1 No :0
2d Does the top 50' of subsurface consist of high - permeability materials in which it is not likely
that there is 6' of poorly permeable strata? (Refer to Planning Dept. Well Log Database. If
questions arise, consult hard copy version of well logs at Health Dept.) [This question was
originally evaluated in the negative sense: On the basis of neighboring well logs, is it more likely
than not that there is 6' of poorly permeable strata within 50' of ground surface ?]
Yes: 1 No :0
3. Is there adequate* well log data to make a decision on 2c and 2d? (*"Adequate" means there is
at least one well within Yz mile, in the same geologic unit, that has complete information on the
relevant well characteristics.)
If the answer is yes:
3a If points in 2a through d total 1, go to 4.
3b If points in 2a through d total 2 through 4, go to 5.
If the answer is no:
3c If points in 2a and 2b are 0, go to 4.
3d If points in 2a and 2b are 1, go to 5.
3e If points in 2a and 2b are 2, go to 5.
4. Project considered to be in an area of low susceptibility to contamination of the aquifer. No
Supplement (SEPA checklist) required.
5. Project considered to be in an area of high susceptibility to contamination of the aquifer. A
Supplement (SEPA checklist) required.
EMERGENCY CRITICAL AREAS ORDINANCE
'• APPENDIX B
Sources of Ground Water Contamination
and Associated Contacts for Technical Expertise
MARCH 1997
PA GE 68
Following is a list of potential sources which may contribute to ground water contamination. To assist
in evaluating actions /conditions which may be necessary to prevent contamination from occurring,
specific agencies have been referenced which may be able to offer technical expertise. In addition,
when proposed activities occur in the proximity of existing public ;water systems, the local health
department should be contacted for comment. Other agencies and governments which are not
referenced in the tables but which may be appropriately contacted. include:
- Department of Fisheries
- Tribal Governments
- Department of Wildlife
- Army Corp of Engineers
- Environmental Protection Agency
- Universities, colleges or other institutes'
CATEGORY 1 - Sources designed to discharge substances
SOURCE
CONTACT(S)
Subsurface Percolation
Local Health Department, On -site Waste
(i.e. septic systems)
Washington State Department of Health
Department of Ecology
Injection Wells
Land Application of Municipal
Local Health Department, Solid Waste
Sludge, Compost, Other Similar
Department of Health
Washington State Department of Ecology
Soil Conservation Service
Land Application of Animal Waste
Soil Conservation Service
Cooperative Extension
Conservation District
Washington State Department of Ecology
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 69
CATEGORY II - Sources designed to store,, treat, and /or dispose of substances; discharge through
unplanned release
SOURCE
CONTACT(S)
Solid Waste:
Local.Health Department, Solid Waste
- Landfills
County Solid Waste Department
- Animal burial
Washington State Department of Ecology
- Waste piles /tailings
- Illegal dumping
- Demolition and inert landfills
- Woodwaste
- Recycling facilities
- Regulated landfills
- Home burial of trash
- Transfer Stations, Drop Boxes
- Related sources
Municipal Waste Lagoons
Manure Lagoons
Local Health Department
Washington State Department of Ecology
Soil Conservation Service
Conservation Districts
Cooperative Extension
Materials Stockpiles
Department of Ecology
Local Health Department, Solid Waste
Graveyards
Open Burning
Northwest Air Pollution Authority
Department of Ecology
Fire Fighting Agencies
Department of Natural Resources
Containers
Local Health Department
Department of Ecology
Department of Emergency Services
Detonation Sites
Radioactive Disposal
Department of Ecology
Local Health Department
Above and Below ground Storage
County Buildings and Codes
Tanks
County Health Department
Washington State Department of Ecology
CATEGORY III - Sources designed to retain. substances during transport or transmission
Pipelines
Materials Transport and transfer operations
Department of Emergency Services
Local Health Department, Solid Waste
Department of Ecology
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 70
CATEGORY IV - Sources discharging substances as a consequence of other planned activities
Irrigation practices
Department of Ecology (Water Rights)
Surface Mining
Soil Conservation Service
Cooperative Extension
Construction Excavation
Conservation District
Pesticide applications
Department of Ecology - private and
commercial pesticide applicator and
operator license, water quality standards
Department of Agriculture
Soil Conservation Service
Cooperative Extension
Conservation District
Fertilizer applications
Department of Ecology - dairy discharge
permits, complaints
Soil Conservation Service
Animal Feeding Operations
Department of Ecology - NPDES permits
Mining and mine drainage
Department of Natural Resources
Department of Ecology - water quality
impacts, complaint response
Urban runoff
Department of Ecology - combined sewer
overflow, technical manuals, best
management practices
Department of Transportation - technical
assistance on runoff and treatment related
to highways
Department of Fisheries /Game - hydraulic
project approval, proposed drainage
standards
Center for Urban Water Resource
Management (University of Washington) -
research,. technical assistance
County Engineering, Buildings and Codes,
Maintenance and Operations
CATEGORY V - Sources providing conduit or inducing discharge through altered flow patterns
Wells
Department of Ecology
Surface Mining
Department of Natural Resources
Whatcom County Building and Codes
Construction Excavation
County Engineering, Building and Codes
CATEGORY VI - Naturally occurring sources whose discharge is created and /or exacerbated by human
activity
Saltwater Intrusion Department of Ecology
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 71
APPENDIX C
FEDERAL AND STATE ENDANGERED SPECIES LIST
FEDERALLY LISTED SPECIES under the Federal Endangered Species Act:
FE - FEDERAL ENDANGERED - A species which is in danger of extinction throughout all or a
significant portion of its range.
FT - FEDERAL THREATENED - A species which is likely to become an endangered species within
the foreseeable future throughout all or a significant portion of its range. --
FC - FEDERAL CANDIDATE - Includes formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has (1) enough or (2) some
information to indicate biological vulnerability and threat.
FS- FEDERAL SENSITIVE - A species that is informally considered a sensitive species by the U.S.
Fish and Wildlife Service, Region One.
STATE LISTED SPECIES under the State Endangered Species Act-
SE - STATE ENDANGERED - A species, native to the State of Washington, that is seriously
threatened with extirpation throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232 -12 -014.
ST _ STATE THREATENED - A species, native to the State of Washington, that is likely to become
endangered in the foreseeable future throughout a significant portion of its range within the state
without cooperative management or the removal of threats. Threatened species are legally
designated in WAC 232-12-011.
SS - STATE SENSITIVE - A species, native to the State of Washington, that is vulnerable or
declining and is likely to become endangered or threatened in a significant portion of its range
within the state without cooperative management or the removal of threats. Sensitive species are
legally designated in WAC 232 -12 -011.
SC - STATE CANDIDATE - These species are under review by the Department for possible listing
as endangered, threatened, or sensitive. A species will be considered for State Candidate
designation if sufficient scientific. evidence suggests that its status may meet criteria defined for
endangered, threatened, or sensitive in WAC 232 -12 -297. Currently listed State -threatened or
State Sensitive Species may also be designated as a State Candidate Species if their status is in
question. State Candidate Species will be managed by the Department, as needed, to ensure the
long -term survival of populations in Washington. They are listed in WDW Policy 4802.
SM - STATE MONITOR - State monitor species will be managed by the Department, as needed,
to prevent them from becoming endangered, threatened, or sensitive. A species will be considered
for State Monitor designation for the following reasons:
1) it was at one time classified as endangered, threatened, or sensitive;
2) it requires habitat that has limited availability during some portion of its life cycle;
3) it is an indicator of environmental quality;
4) its population status must be determined through further field investigations;
5) it has unresolved taxonomy which may bear upon its status classification;
6) it may be competing with and adversely impacting other species of concern;
7) it has significant popular appeal.
EMERGENCY CRITICAL AREAS ORDINANCE
APPENDIX D
WHATCOM COUNTY
WETLANDS RATING SYSTEM
INTRODUCTION
MARCH 1997
PAGE 72
This document is a revised version of the Washington State Wetlands Rating System, developed by the Department
of Ecology for use by local governments in developing and implementing their wetland regulations.
This rating system was designed to differentiate between wetlands based on their sensitivity to disturbance, rarity,
irreplaceability and the functions and values they provide. The emphasis is on rating highly those wetlands where our
confidence in replacing them is low or their sensitivity to adjacent disturbance is high.
OVERVIEW FOR USERS
WHEN TO USE THE WETLANDS RATING SYSTEM .
The system is designed to be used with the Whatcom County Critical Areas Ordinance, to determine the Category of
wetlands in the county
HOW THE WETLANDS RATING SYSTEM WORKS
The system uses both an Wetlands Rating Office Data Form and a Wetlands Rating Field Data Form. The Wetlands
Rating Office Data Form is a step by step method for determining the category of wetland based on criteria and
subcriteria using information from agency sources. We recommend using the Wetlands Rating Office Data Form before
completing the Wetlands Rating Field Data Form. However, please note that the Office Data Form will not provide
a rating in most cases and you will need to use the Field Data Form. This is because state agency inventories are not
complete.
The Wetlands Rating Field Data Form is also a step by step method. We recommend careful reading of the guidance.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 73
WETLANDS RATING OFFICE DATA FORM
BACKGROUND INFORMATION:
Name of Rater: Affiliation:
Date:
Name of wetland (if known):"
Government Jurisdiction of wetland:
Location: 1/4 S: of 114 S: SEC: TWNSHP: RNGE:
SOURCES OF INFORMATION: (Check all sources that apply)
Site visit: USGS Topo Map: NWI map: Aerial Photo:
Soils survey:
Other: Describe:
When office and /or field data forms are completed enter Category here:
ANSWER ALL QUESTIONS BELOW. If the source agency
DATA
CATEGORY
identifies the wetland as satisfying any of the questions
SOURCE
(the highest
below, circle the category in "CATEGORY" column.
qualifies)
Does the wetland contain individuals of Federal or State - listed
DNR
Yes: Category I
Threatened or Endangered plant species; or is.the wetland an
(Natural
No:Next Question
historic location of a plant species thought to be possibly
Heritage)
Extinct or Extirpated from Washington?
Does the wetland contain documented habitats for State - listed
W D
Yes: Category I
or candidate Threatened or Endangered wildlife species
Wildlife
No:Next Question
managed by the Washington Department of Wildlife?
Does the wetland contain documented habitats of State or
W D
Yes: Category I
Federally listed or State or Federal candidate Threatened or
Wildlife
No:Next Question
Endangered fish species, or races of fish; managed by the
& W D
Washington Department of Wildlife or the Washington
Fisheries
Department of Fisheries?
Is the wetland already on record with the Washington Natural
DNR
Yes: Category I
Heritage Program as a high quality native wetland?
(Natural
No:Next Question
Heritage)
Is the wetland documented as Category I Wetland of Local
Local
Yes: Category I
Significance? -
Govt.
No:Next Question
Does the wetland contain individuals of State - listed Sensitive
DNR
Yes: Category II
plant.species?
(Natural
No:Next Question
Heritage)
Does the wetland contain documented habitat for State - listed
W D
Yes: Category II
or candidate sensitive wildlife species managed by the
Wildlife
No:Next Question
Washington Department of Wildlife?
Does the wetland contain documented habitats of State or
W D
Yes: Category II
Federally listed or candidate Sensitive fish species managed
Wildlife
No:Next Question
by the Washington Department of Wildlife or the Washington
& W D
Department of Fisheries?
Fisheries
Does the wetland contain documented habitat for salmonids?
W D
Yes: Category II
Fisheries
No: Go to
Wetlands Rating
Field Data Form.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 74
- WETLANDS RATING FIELD DATA FORM
BACKGROUND INFORMATION:
Name of Rater: Affiliation:
Date:
Name of wetland (if known):
Government Jurisdiction of wetland: _ Location:
1/4 S: of 1/4 S: SEC: TWNSHP: RNGE:
SOURCES OF INFORMATION: (Check all sources that apply)
Site visit: USGS Topo Map: NWI map: Aerial Photo:
Soils survey:
Other: Describe:
WHEN THE FIELD DATA FORM IS COMPLETE ENTER CATEGORY HERE:
Q.1. High Quality Natural Heritage Wetland.
Answer this question if you have adequate information or experience to do
so. If not find someone with the expertise to answer the questions. Then,
if the answer to questions 1 a, 1 b and 1 c are all NO, contact the Natural
Heritage program of DNR.
1 a. Is there significant evidence of human - caused changes to topography
or hydrology of the wetland? Significant changes could include
Yes: go to Q.3.
clearing, grading, filling, logging of the wetland or its immediate buffer,
No: go to 1 b.
or culverts, ditches, dredging, diking or drainage of the wetland.
1 b. Are there populations of non - native plants which are currently present
and appear to be invading native populations?
Yes: go to Q.3.
No: go to 1c.
1 c. Is there significant evidence of human - caused disturbance of the water
quality of the system? Degradation of water quality could be
evidenced by culverts entering the system, direct road /parking lot
Yes: go to Q.3.
runoff, evidence of historic dumping of wastes, oily sheens, extreme
No: Possible
eutrophic conditions, livestock use or dead fish etc.
Category I
Q.3. Irreplaceable Ecological Functions:
Does the wetland:
- have at a least 1/2 acre of contiguous peat wetland;
Yes: go to 3a.
- or, have a forested class greater than 3 acres;
Yes: go to 3b.
- or, have characteristics of an estuarine system;
Yes: go to 3c.
If No to all, go to
Q.4.
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 75
3a. Peat Wetlands.
3a1. Does at least 1/2 acre of the peat wetland have greater than 75%
cover of living sphagnum?
3a2. Does at least 112 acre of the peat wetland have between 24% and
75% cover of living sphagnum?
3a1. Is the peat wetland at least 1/2 acre and has <25% areal cover of
any invasive /non- native plant species, and has < 80% areal cover of
Spirea douglasii?
Yes: Category I
No: go to 3a2.
Yes: Category II
No: go to 3a3.
Yes: Category II
No: go to Q.4.
3b. Mature Forested Wetlands.
3b1. Is at least 50% of the tree canopy coverage conifers over 80 years
Yes: Category I
in age and /or deciduous trees over 50 years in age?
No: go to 3b2.
3162. Is at least 50% of the tree canopy coverage 40 -80 years in age, and
Yes: Category II
is the structural diversity high as characterized by a multi -layer
No: go to Q.S.
community of trees > 50' tall and trees 20' -49' tall and shrubs and
herbaceous groundcover?
3c. Estuarine Wetlands.
30. Is the wetland listed as National Wildlife Refuge, National Park,
Yes: Category I
National Estuary Reserve, Natural Area Preserve, State.Park, or
No: go to 3c2.
Educational, Environmental or Scientific Reserves designated under
WAC 332-30-151?
3c2. Is the wetland > 5 acres;
Yes: Category I
No: go to 3c3.
3c3. Does the wetland meet at least 3 of the following 4 criteria:
Yes: Category I
- minimum existing evidence of human related disturbance such as
No: Category II
diking, ditching, filling, cultivation, grazing or the presence of non-
native plant species (see guidance for definition);
- surface water connection with tidal saltwater or tidal freshwater;
- at least 75% of the wetland has a 100' buffer of ungrazed pasture,
open water, shrub or forest;
- has at least 3 of the following features: low marsh; high marsh;
tidal channels; lagoon(s); woody debris; or contiguous freshwater
wetland.
EMERGENCY CRITICAL AREAS ORDINANCE
0.4. Category IV wetlands.
MARCH 1997
PAGE 76
4.1. Is the wetland: less than 5 acres and, Yes: Category IV
hydrologically isolated and, No: go to Q.S.
not providing a significant aquifer recharge function and,
not providing critical wildlife habitat and,
dominated (> 80% areal cover) by any combination of soft rush,
hardhack or alder under 20 years?
4.2. Is the wetland: less than 5 acres and,
hydrologically isolated and,
not providing a significant aquifer recharge function and, Yes: Category IV
not providing critical wildlife habitat and, No: go to Q.S.
dominated by (> 80% areal cover) of non - native /invasive species?
Q.S. Significant habitat value. Answer all questions and enter data
re
Circle scores
q
that qualify
u
e
st
e
d
5a. Total wetland area
acres .
> 20.00
Yes = 6
Estimate area, select from choices in the near -right column,
10- 19.99
Yes = 5
and score in the far column:
5-.9.99
Yes = 4
1 -4.99
Yes = 3
Enter acreage of wetland here: acres, and
0.1 -0.99
Yes = 2
source:
< 0.1
Yes = 1
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 77
5b. Wetland classes: Circle the wetland classes below that
# of classes
qualify:
1........
Yes =1
Open Water: if the area of open water is > 1/2 acre or >
2 ........
Yes = 3
10% of the total wetland area. Source:
3 ........
Yes = 5
4........
Yes =7
Aquatic Beds: if the area of aquatic beds > 10% of the open
5 ........
Yes =10
water area or > 1/2 acre.
Emergent: if the area of emergent class is > 1/2 acre or >
-
10% of the total wetland area.
Scrub - Shrub: if the area of scrub -shrub class is > 1/2 acre or
> 10% of the total wetland area.
Forested: if area of forested class is > 1/2 acre or > 10% of
the total wetland area.
Add the number of wetland classes, above, that qualify, and
then score according to the columns at right.
e.g. If there are 4 classes (aquatic beds, open water,
emergent & scrub - shrub), you would circle 7 points in the far
right column.
5c.. Plant species diversit
Class
# of species
Y
For all wetland classes (at
right) that qualify in 5b.
Aquatic bed
1 -2...
Yes =1
above, count the number of
Aquatic bed
3...
Yes = 2
different plant species you
Aquatic bed
>3 ...
Yes = 3
can find. You do not have
to name them.
Emergent
1 -2...
Yes = 1
Emergent
3 -4...
Yes = 2
Score in column at far right:
Emergent
>4 ...
Yes = 3
e.g. If a wetland has an
Scub -Shrub
1 -2...
Yes = 1
aquatic bed class with 3
Scub -Shrub
3 -4...
Yes =2
species, an emergent class
Scub -Shrub
>4 ...
Yes =3
with 4 species and a scrub -
shrub class with 2 species
Forested
1 -2...
Yes =1
you would circle 2, 2, and
Forested
3 -4...
Yes = 2
1 in the far column.
Forested
> 4...
Yes = 3
5d. Structural diversity
If the wetland has a forested class, add 1 point for each of the following:
-trees > 50' tall .....................
Yes = 1
-trees 20'- 49' tall ...................
Yes =1
- shrubs ..............................
Yes =1
- herbaceous ground cover .............
Yes =1
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 78
5e. Decide from the diagrams below whether interspersion between wetland
High =3
classes is high, moderate, low or none?
Mod. = 2
Low =1
None = 0
5f. Habitat Features
Answer questions below, circle features that apply, and score to right:
Is there evidence of current use by beavers ? ..............
Yes = 3
Is a heron rookery located within 300'? ................
Yes = 2
Are raptor nest /s located within 300'? .................
Yes =1
Are there at least 3 standing dead trees (snags) per acre ?........
Yes =1
Are any of these standing dead trees (snags) > 10" in diameter ?......
Yes =1
Are there any other perches (wires, poles or posts)? ...........
Yes =1
Are there at least 3 downed logs per acre ? ................
Yes =1
5g. Connection to streams (Score one answer only.)
Is the wetland connected at any time of the year via surface water:
to a perennial stream or a seasonal stream with fish; .......
Yes = 5
or, to a seasonal stream without fish; ..............
Yes = 3
or, is not connected to any stream ? ................
Yes =O
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PA GE 79
5h. Buffers
STEP 2
Multiply
STEP 1
result(s) of
Estimate (to the nearest 5 %) the % of each buffer or land -use
step 1:
type (below) that adjoins the wetland boundary.
by 1, if
buffer width
Then multiply the %/s by the factor(s)
is 25 -50'
below and enter result in column to right:
by 2, if
buffer width
is 50 -100';
by 3, if
buffer width
is > 100'.
Enter results
below and
add
subscore:
roads, buildings or
parking lots: %_X0 =
0
lawn, grazed pasture, vineyards or .
annual crops: % x 1 =
x =
ungrazed grassland or
orchards: % x 2 =
x =
open water or
native grasslands: % x 3 =
x =
forest or shrub: % x 4 =
x =
Add Buffer Total =
STEP 3. Score points according to table at right
Buffer total
900 - 1200...
Yes = 4
600 - 899....
Yes = 3
300 - 599....
Yes = 2
100- 299....
Yes =1
5i. Connection to other habitat areas:
- Is there a riparian corridor to other wetlands within 0.25 of a mile, or a
corridor > 100' wide with good forest or shrub cover to any other habitat
Yes = 5
area?
- Is there a narrow corridor < 100' wide with good cover or a wide corridor
> 100' wide with low cover to any other habitat area?
Yes = 3
- Is there a narrow corridor < 100' wide with low cover or
a significant habitat area within 0.25 mile but no corridor?
Yes =2
- Is the wetland and buffer completely isolated by development
and or
cultivated agricultural. land?
Yes =1
EMERGENCY CRITICAL AREAS ORDINANCE
MARCH 1997
PAGE 80
NOW: Add the scores circled (for Q.5a - Q.5i above) to get a Total...
Is the Total greater than or equal to 35 points ?............ Yes: Cat. II
No:Cat.11l
Total =
EMERGENCY CRITICAL AREAS ORDINANCE
APPENDIX E
WATER CATEGORIES
MARCH 1997
PA GE 81
The following types of water are used in these regulations, the system for typing the waters is as set
forth in WAC 222 -16 -030 water typing system.
3.01 "Type 1 Water" shall mean all waters, within their ordinary high -water mark, as inventoried
as "shorelines of the state" under chapter 90.58 RCW, but not including those waters'
associated wetlands.
3.02 -- "Type 2 Water" shall mean segments of natural waters which are not classified as Type I-
water and have a high use and are important from a water quality standpoint. Classification
shall be applied to segments of natural waters which:
.021 Are diverted for domestic use by more than 100 residential or camping units or by a public
accommodation facility licensed to serve more than 100 persons, where such diversion
is determined by the department to be a valid appropriation of water and the only practical
water source for such users. Such waters shall be considered to be Type 2 Water
upstream from the point of such diversion for 1,500 feet or until the drainage .area .is
reduced by 50 percent, whichever is less;
.022 Are within a federal, state, local, or private campground having more than 30 camping
units: Provided, That the water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use and comes within 100 feet
of a camping unit, trail, or other park improvement;
023 Are used by substantial numbers of anadromous or resident game fish for spawning,
rearing or migration. Waters having the following characteristics are presumed to have
highly significant fish populations:
(a) River or stream segments having a defined channel of 20 feet or greater in width
between the ordinary high -water marks and having a gradient of less than 4
percent.
(b) Impoundments having a surface area of 1 acre or greater at seasonal low water.
3.03 "Type 3 Water" shall mean segments of natural waters which are not classified as Type 1 or
2 water and have a moderate to slight use and are moderately important from a water quality
standpoint. Classifications shall be applied to segments of natural water which:
031 Are diverted for domestic use by more than 10 residential or camping units or by a public
accommodation facility licensed to serve more than 10 persons, where such diversion is
determined to be a valid appropriation of water and the only practical water source for
such users.
(a) Such waters shall be considered to be Type 3 Water upstream from the point of such
diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever
is less;
.032 Are used by significant numbers of anadromous fish for spawning, rearing or migration.
Waters having the following characteristics are presumed to have significant anadromous
fish use:
(a) River or stream segments having a defined channel of 5 feet or greater in width
between the ordinary high -water marks; and having a gradient of less than 12 percent
and not upstream of a falls of more than 10 vertical feet.
EMERGENCY CRITICAL AREAS ORDINANCE MARCH 1997
PAGE 82
(b) Impoundments having a surface area of less than 1 acre at seasonal low water and
having an outlet to an anadromous fish stream or river.
.033 Are used by significant numbers of resident game fish. Waters with the following
characteristics are presumed to have significant resident game fish use:
(a) river or stream segments having a defined channel of 10 feet or greater in width
between the ordinary high -water marks; and a summer low flow greater than 0.3
cubic feet per second; and a gradient of less than 12 percent. ^
(b) Impoundments having a surface area greater than 0.5 acre at seasonal low water.
.034 Are highly significant for protection of downstream water quality. Tributaries which
contribute greater than 20 percent of the flow to a Type 1 or 2 Water are presumed to be
significant for 1,500 feet from their confluence with the Type 1 or 2 Water or until their
drainage area is less than 50 percent of their drainage area at the point of confluence,
whichever is less.
3.04 "Type 4 Water" classification shall be applied to segments of natural waters which are-not
classified as Type 1, 2, or 3, and for the purpose of protecting water quality downstream are
classified as Type 4 Water upstream until the channel width becomes less than 2 feet in width
between the ordinary high -water marks. These may be perennial or intermittent.
3.05 "Type 5 Water" classification shall be applied to all natural waters not classified as Type 1,
2, 3, or 4; areas of perennial or intermittent seepage, ponds, natural sinks, and drainage ways
having short periods of spring or storm runoff.
TEMPORARY CRITICAL AREAS ORDINANCE JULY 1992
PAGE 83
APPENDIX F
A SUMMARY OF MANAGEMENT RECOMMENDATIONS AND HABITAT REQUIREMENTS
The following summary includes selected priority wildlife species known to occur in
Whatcom County. A draft list of the priority species occuring seasonally or year -round
in Whatcom County is provided following the summary below. The summary was
extracted from 'the Washington Department of Wildlife's Management
Recommendations for Washington's Priority Habitats and Species. The complete text
of this document is available for review at the Whatcom County Planning Department.
Bald Eagle (Haliaeefus leucocephalus)
Habitat Requirements
- Breeding - Uneven sized forest stands with old -growth like structural components along shorelines, and
adequate food resources.
Wintering - Day Perches: Tall trees, especially deciduous and snags along shorelines.
Night Roosts: Uneven sized, multi layered, mature /old growth stands that provide
protection from weather.
- Feeding - Adequate food resources including spawned salmon, carrion and waterfowl near nesting,
perching and roosting areas.
- Freedom from disturbance.
Management Recommendations
- Develop site specific management plans using the flexible, territory zoning concept.
- Design a protected core areas and a conditioned buffer area surrounding nesting territories (400m -
800m or 131211 - 2624(1 from nest) and communal roosts (400m - 800m from roost). Consider eagle
habitat use , topography, habitat fragmentation, food resources and human activities.
- Use timing restrictions for activities that may disturb eagles during critical periods:
Breeding -January 1 through August 15
Wintering- November 1 through April 1
- Avoid use of toxic biocides.
- Leave strips of perch trees along shorelines.
- Provide a buffer around major foraging areas (>300m or 98411).
Band - tailed Pigeon (Columbia tasciata)
Habitat Requirements
- Mineral springs or other mineral sources.
- Mixed coniferous and deciduous forests, mixed seral stages, with openings.
- Availability of berry, fruit and mast producing shrubs and trees.
- Breeding season: April- September.
TEMPORARY CRITICAL AREAS ORDINANCE
- May nest on emergent vegetation.
- Nests may be reused.
- Very susceptible to nest disturbance.
- Intolerant of'recurrent disturbance within 150 meters or 492 feet.
Management Recommendations
- Protection of known nest and nursery sites.
- Restrict disturbance of nest sites from April - September.
- Provide artificial islands (sedge mats, cedar log rafts)
- Provide buffers of 450 feet or greater from wetland edge.
Elk (Cervus elaphus)
Habitat Reouirements
- A mixture of cover and forage areas.
- Relative freedom from human disturbance during certain times of the year.
- Optimal cover forest stands are used during heavy snow periods.
- Calving areas, travel corridors and wallows are sensitive features.
Management Recommendations
JULY 1992
PAGE 85
- Keep open -road densities at or below 1.5 miles per square mile on summer range or 1 mile per square
mile on winter range.
- Limit clearcut size to 40 acres of less.
- Protect sensitive features of elk habitat.
- Reduce disturbance on winter range during winter season and between May 1 -June 30 during calving
season.
- Retain at least 500% of thermal cover in winter range.
- Provide adequate hiding cover.
Great Blue Heron (Ardae herodias)
Habitat Reouirements
- Colonial breeders, generally nest in tall trees near wetlands.
- Usually forage within four -five km (6-8 mi) of colony.
- Alternate nesting and feeding habitat important.
- Very sensitive to human disturbance.
Management Recommendations
- Maintain habitat within a 250 -350 m (820 -1100 ft) buffer zone around colony.
- No human intrusion in buffer zone between February 15 - July 31.
- Maintain alternate nesting habitat nearby.
- Protect wetlands and other feeding areas within (at minimum) four Ian (2.5 m)i.
- Develop a site - specific managemen! plan for each heronry.
TEMPORARY CRITICAL AREAS ORDINANCE
JULY 1992
PAGE 87
- Use selective harvest techniques to minimize large, unused clearcuts.
- Clear cuts should be less than 330' wide with dusters of trees spaced no father than 160' apart to allow
marten travel through these areas.
- Leave large snags, live trees, logs and slash piles for foraging and denning sites within 30' of forest
cover.
- Standing, timber should be left along waterways, including headwater streams.
- Forest corridors should be left linking blocks of old growth or mature forest.
- Roads should be dosed after logging to minimize human impacts.
Osprey (Pandion. haliaetus)
Habitat Requirements
- Feed exclusively on fish.
- Construct large stick nests in the largest snags or rive trees with flat, broken tops,, usuMly located near
water.
- Individual pairs show variation in their ability to tolerate human disturbance.
Management Recommendations
- Restrict all human activities within 201m (660 it) of any osprey nest between April 1 and October 1.
- Establish a 'ho cut" zone within 61m (200 ft) of each nest.
- Retain 3 -5 live or dead dominant trees and young recruitment trees within 201m (660 ft) of the nest tree.
Do not cut trees within 61 m (200 ft) around water bodes associated within osprey nests.
- Maintain two dominant live trees and two snags per acre within 335m (1100ft) of the "no cut" zone
around bodies of water associated with osprey nests.
- Preserve snags and live trees suitable for nesting for 3.2km (2mi) beyond the "restricted cutting" zone
around water bodies associated with osprey nests.
- Close roads between April 1 - October 1 if birds are unused to disturbance.
- Do not apply chemicals to any watershed used by ospreys.
Pileated Woodpecker (Dryopus pileatus)
Habitat Requirements
- Pileateds inhabit mature and old growth forest and second growth forests with numerous large snags
and fallen trees.
- Nest trees are mostly snags >27" dbh and taller than 87'.
- Forage sites include large snags, logs, and stumps for ants, beetle larvae and other. insects
- Home range west of Cascade Crest is 1200 acres.
Management Recommendations
- Pileateds are sensitive to forest management that removes large standing and down woody material.
- U.S. Forest Service Minimum Management Recommendations:
- maintain one 600 ac habitat area for one pair every 12.000 acs.
- nesting area - 300 ac with two hard snags/ac > 12" dbh, 45 of which are > 20" dbh (15/100 ac).
- During logging, retain 14 snags >207/100 ac and green trees in dusters of dispersed throughout a
habitat area. Where snags are lacking, top live trees or inoculate them with fungus above nest height.
- Leave large logs and stumps in various stages of decay.
- During thinning and harvesting leave deformed or dying trees and green replacement trees of sufficient
size such that they will replace existing snags when they fall.
- Limit insecticide use and promote biological insect control.
- Provide minimum buffers of 135m (450 ft) from nest trees.