HomeMy WebLinkAboutord1996-017WHATCOM COUNTY COUNCIL AGENDA BILL NO. _ - 96 -118
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
'ginator: Terry Galvin
division Head: Vickie Hardin Woods
7 14
Dept. Head: Michael Knapp
'7
Prosecutor:
Purchasing /Budget:
Executive:
SUBJECT. • An Ordinance amending Articles H and III and adopting Articles IX, X, XI, and XII of Chapter 16.16,
Whatcom County Code, "Critical Areas," to comply with the Washington State Growth Management Act.
ATTACHMENTS: Proposed Ordinance
Agency Report with attached Staff Report
Draft Planning Commission Minutes
SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below.
line item number(s): n/a
...-�5 agenda bill wim attachments replaces trig agenda blll Submitted on Marctl 1S, 199t). -lime constraints required
staff to submit the first agenda bill with an abbreviated text representing proposed CAO amendments without Planning
Commission review. The enclosed attachments now include a proposed CAO, in it's entirety, that has been fully
reviewed and amended by the Planning Commission.
The recommendation by the Planning Commission is to amend Ordinance #95 -020 through the adoption of
amendments to Articles II and III and by adopting amended versions of Articles IX, X, XI, and XII of 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 Dec 20, 1995. 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 120 days (April 18) " of - the order.
The Planning Commission's recommendations are represented by tM and stfikeetit. The rest of the text is
taken from ordinance #95 -020 (the April 1995 CAO) without amendment.
ORIGINATOR'S RECOMMENDED ACTION. The Planning & Development Services Department Director
recommends Council accept the recommendation of the Planning Commission and adopt the proposed ordinance.
COMMITTEE ACTION TAKEN.
�JNCIL ACTION TAKEN.
19,96- 118 3/19/96: Introduced
4/16/96: Public Hearing Held.
vw /96:Amended & Adopted 4 -3, Sutter, Brown, & Brenner opposed
wce..or Resolution lumber (this item only):
Ord. 96 -017
File #7 -96: 5120196 SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 3/19/96
1 ORDINANCE NO.96 -017
2 AN ORDINANCE AMENDING ARTICLE II & III AND ADOPTING ARTICLES IX, X, XI,
3 AND XII FOR CHAPTER 16.16, WHATCOM COUNTY CODE, "CRITICAL AREAS," TO
4 COMPLY WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT
5 WHEREAS, the Washington State Legislature passed the Growth Management Act
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
10 temporary Critical Areas Ordinance (CAO); 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
3 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
23 (CAO)into compliance with the Growth Management Act; and
24 WHEREAS, the April 1995 CAO was appealed to the Growth Hearings Board; and
25 WHEREAS, on December 20, 1995, the Growth Hearings Board invalidated Articles
26 IX (Wetlands), X (River and Streams), XI (Fish Habitat. Conservation Areas), and XII
27 (Wildlife Habitat Conservation Areas) citing non- compliance with the Growth Management
28 Act and remanded the CAO back to the County for compliance within 120 days of the
29 order; and
Page 1
1 WHEREAS, in January 1996, the County Council reaffirmed its intent to pursue
2 negotiations with State representatives in order to achieve agreement on the content of
3 the Whatcom County Critical Areas regulations; and
4 WHEREAS, in a series of five work sessions, the County met with State
5 representatives to better understand and respond to the December 20, 1995, Growth
6 Hearings Board ruling and the State's concerns and, subsequently, developed a response
7 to the Board's ruling; and
8 WHEREAS, a Determination of Non - Significance was issued on March 8,1996; and
9 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
10 Bellingham Herald on March 23, 1996, for both the Planning Commission and the County
11 Council; and
12 WHEREAS, the Planning Commission held a public hearing on the proposal on
13 March 28, 1996, and considered all testimony; and
14 WHEREAS, on April 1, 1996, the Planning Commission recommended the adoption
15 of amendments to the April 1995 CAO ordinance, including amended versions of Articles
16 IX, X, XI and XII; and
17 WHEREAS, the County Council held a public hearing on the proposal on April 16,
18 1996, reviewed the Planning Commission recommendation and considered further
b testimony; and
20 WHEREAS, on April 30, 1996, at a special Council meeting, the Council considered
21 additional changes to the CAO, and those changes have now been brought in their
22 entirety before the Council for consideration and action; and
23 - WHEREAS, this Council has reviewed written input from the public and staff
24 summaries of input; and has heard public testimony at the County Council public hearing
25 on April 16, 1996. Planning staff provided detailed summaries of public input for Council
26 review; and
27 WHEREAS, the County Council convened a work session to discuss and formulate
28 changes to the proposed "critical areas" ordinance on April 30, 1996; and
29 WHEREAS, the County Council held a regular public meeting on April 30, 1996,
30 and further discussed changes to this ordinance prior to adopting the ordinance on that
31 evening; and _
32 WHEREAS, the Council has adopted the following Findings and Conclusions:
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1 FINDINGS
2 1. Whatcom County has a number of areas subject to natural hazards, or which, in
3 their natural state, carry, hold or purify water and /or support unique or fragile
4 natural resources. These areas are identified as Critical Areas.
5 2. Whatcom County is mandated by the Growth Management Act to protect these
6 areas as well as protect the community from hazards associated with these areas.
7 3. On December 20, 1995, the Growth Hearings Board found that Ordinance
8 #95 -020 fails to comply with the goals and requirements of the Growth
9 Management Act. The Board ruled that Articles III, IX, X, XI and XII must
10 be brought into compliance with the Growth Management Act within 120
11 days of their order. The Board also required the County to bring the
12 ordinance into compliance with the GMA's public participation requirements
13 and with SEPA.
14 4. In their initial response, the County (represented by two Council members, legal
15 staff and Planning staff) engaged the State (represented by the Department ';of
16 Ecology, the Department of Community Trade and Economic Development, and the
17 Department of Fish and Wildlife) in a series of five work sessions to better
18 understand and respond to the December 20, 1995, ruling and to the State's
19 concerns regarding the content of the April 1995 CAO.
0 5. After further review and recommendation for changes to the CAO by staff;
21 substantial discussion with State agencies; review and public comment by the
22 Planning Commission_ and the County Council; followed by further amendments to
23 the CAO; reasoned choices were discussed and made, based on appropriate
24 factors. These choices resulted in amendments to the April 1995 CAO that
25 identified all wetlands as critical areas., lowered the jurisdictional threshold for
26 valuable Category III Wetlands, required substantial mitigation for valuable
27 Category III Wetlands, established a functional methodology for assessing the
28 value of wetlands, expanded buffer requirements for all Type 1 through 5 rivers
29 and streams, including those within the jurisdiction of the Shoreline Management
30 Program, established provisions for site specific buffer requirements, established
31 provisions for identifying and protecting shellfish habitat areas and mandated the
32 creation of an advisory committee to recommend further fish, shellfish and wildlife
33 protection mechanisms.
34 6. The amendments contained in Attachment "A" constitute Whatcom County's
35 response to both the Growth Hearings Board ruling on December 20, 1995 and the
36 Coun 'ty /State work sessions.
37 7. The County held a work session on March 26, and public hearings on March 28
38 and April 16, 1996, in an effort to comply with the public participation
39 requirements of the GMA.
Page 3.
1 8. Neither written nor oral testimony was provided by any State agency either on or
2 before the March 28, 1996, Planning Commission. hearing.
3 9. Substantial testimony was not provided by the Whatcom Environmental Council
4 either on or before the March 28, 1996 Planning Commission hearing.
5 10. Protection for high value Category III wetlands has been dramatically increased
6 from the April 1995 CAO by lowering the jurisdictional threshold and requiring full
7 mitigation.
8 11. Appendix F clarifies the basis for determining non - native plants.
9 12. The wetlands rating system provides a valid mechanism to identify wetland
10 .protection and will be improved upon in the immediate future.
11 13. The changed definition of "contiguous" is consistent with the 1987 Federal
12 Delineation Manual and better defines the beginning of the growing season.
13 14. Variable buffers based upon site specific conditions and applied on a case by case
14 basis provides a better management tool for protecting critical areas such as
15 wetlands, rivers, streams than do the buffer provisions of Ordinance #95 -020.
16 15. The audio - visual presentation at the hearing illustrated how five foot buffers
17 provide shade and protection to fish in streams in Whatcom County.
18 16. Agriculture is a major factor in Whatcom County's economy, particularly in north
19 Whatcom County.
20 17. Dairy farming in Whatcom County makes this county the largest milk producing
21 county in the State of Washington and one of the leading milk producing counties
22 in the United States.
23 18. Many dairy farms are located on land which is heavily dependent on drainage for
24 maintenance of productivity.
25 19. - Drainage is accomplished primarily through ditching and in many instances is
26 facilitated by sub - surface tilling of water into ditches. Regular maintenance of
27 these drainage devices is crucial to achieving adequate drainage for agricultural
28 uses.
29 20. "Wet meadows" is a common feature of many farms in low lying areas.
30 21. Sustained agricultural productivity within "wet meadows" requires limitation of
31 grazing to the drier portions of the year.
32 22. Maintenance . and enhancement of the local agricultural economy and of the
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1 functions of wetlands at times represent competing interests which this Council
2 must seek to balance as it adopts regulations to protect critical areas.
3 23. The intricacies of agricultural practice, as well as the many variables involved, call
4 for a level of expertise to properly regulate the areas where agricultural land,
5 wetlands, and /or streams intersect.
6 24. The Whatcom County Conservation District has a history of successful cooperation
7 with county farmers to achieve maintenance and enhancement of critical areas in
8 conjunction with agriculture.
9 25. The process of developing, adopting and enforcing "critical areas" regulations has
10 resulted in significant polarization among Whatcom County residents.
11 26. The practical success of any "critical areas" legislation adopted by this Council
12 depends upon its acceptance by most residents of the County.
13 27. The filling and conversion of wetlands to arable land for agricultural production are
14 costly, and unlikely to occur in the absence of a strong economic motive.
15 28. There is a strong economic disincentive to convert wetlands to agricultural usage
16 by the terms of the "swampbuster" provision of the Food Security Act, Federal
17 legislation adopted in 1985, which disqualifies farmers who engage in such
18 conversions from participation in any federal price support program or the recipient
9 of any federal assistance.
i
20 29. The amount of acreage in Whatcom County dedicated to commercially viable
21 agricultural use is shrinking, rather than expanding, due primarily to economic
22 factors such as low prices for agricultural products. Acreage for raspberry
23 production is a notable exception to this, but raspberry horticulture is _ not
24 associated with wetlands.
25 30. The filling of wetlands is also expensive and is unlikely to occur in the absence of
26 a strong economic motive.
27 31. Many varied voluntary activities directed toward the protection of critical areas
28 have experienced considerable success in Whatcom County. This includes
29 activities sponsored by local businesses.
30 32. Activities of the Nooksack Salmon Enhancement Association are a good example
31 of the success which can be achieved when landowners and non - regulatory forces
32 combine for the purposes of stream protection and fisheries enhancement.
33 Bertrand Creek Water- Keepers and the Adopt -a- Stream programs are also excellent
34 examples of current volunteer activities which promote enhancement of streams
35 for fish and wildlife habitat.
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1 33. The County's monitoring of activity in relation to critical areas is most likely to be
2 driven by permit applications for development.
3 34. Permit application review provides County staff with an excellent opportunity to
4 make site specific buffer determinations for wetlands and streams near the area
5 of proposed development.
6 35. Site specific buffer determination with consideration of appropriate criteria is a
7 superior method for determining the buffers necessary to protect critical areas as
8 compared to standard buffer widths. This is particularly true because of variations
9 in the resource to be protected as well as variations in the conditions and uses of
10 adjacent lands.
11 36. Wetlands vary considerably among themselves in the functions and values which
12 they possess. Some wetlands do not differ significantly from adjoining or nearby
13 uplands in terms of their functions and values.
14 37. Whatcom County'.s wetland rating system is designed and serves to sort wetlands
15 in terms of the functions and values they represent. Lower scores represent
16 wetlands with lower levels of differentiation from other non - wetland areas in terms
17 of function and values.
18 38. Development of property, which is the most significant triggering event for "critical
19 areas" review, is also subject to other regulations which directly or indirectly
20 protect critical areas. -
21 39. Stormwater management is one component of development standards adopted by
22 Whatcom County which encourages the preservation of critical areas in order to
23 achieve stormwater retention and treatment; or requires provision of functions
24 which wetlands have traditionally provided -(e.g., retention ponds).
25 40. County clearing regulations, which apply in case of conversions of forested areas
26 to developed areas, explicitly protect forested wetlands and their buffers.
27 41. The State's Forest Practices Act governs forestry activity in relation to forested
28 wetlands to the exclusion of the County regulatory scheme except in the case of
29 conversions from forestry to other uses referenced in the finding above.
30 42. The State Department of Ecology engages in water quality control measures under
31 the authority of Section 401 of the Federal Clean Water Act. It is empowered to
32 levy fines for violations of water quality standards. This enforcement mechanism
33 is designed to encourage maintenance and improvement of water quality which is
34 one of the functions attributed to wetlands. The National Pollutant Discharge
35 System (NPDES) permit covers things; including, but not limited to: waste water
36 discharge, process water discharge and stormwater discharge.
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1 43. The combination of circumstances present in much of Whatcom County is
2 conducive to the creation and the maintenance of wetlands: relatively high annual
3 rainfall, large areas of relatively impermeable clay soils, large areas of seasonally
4 high ground water, and large areas of land subject only to low intensity uses.
5 44. As economically marginal farms in Whatcom County have ceased operation,
6 commercial agricultural activity has tended to concentrate on the more productive
7 soils. Heavy stocking levels and wash -down and liquid manure disposal systems,
8 all on soils which are saturated a significant portion of the year, present particular
9 management challenges to farmers as they relate to water quality.
10 45. Farmsteads on marginally productive agricultural lands, which were formerly
11 subjected to more intensive use, have, as they revert to lower intensity uses,
12 tended to become reforested. Where drainage is not maintained, wetlands re-
13 establish.
14 46. Significant portions of the lowlands in Whatcom County (the western 1/3) have
15 become reforested since the massive clearing of old growth forests that occurred
16 during the latter decades of the nineteenth century and early decades of the
17 twentieth century. The vast majority of the eastern 2/3s of the county is National
18 Forest land.
19 47. Fisheries in Whatcom County, as well as throughout the Pacific Northwest, have
?0 experienced a significant decline in stocks in. recent years. The decline is
)1 attributable to a variety of -causes, including overfishing, climatic variations
22 effecting ocean habitat of sea -going fish, and pressures on fish spawning and
23 rearing habitat from a variety of sources, including agriculture, forestry,
24 development, culvert placement and recreational uses of inland waters. There
25 does not appear to be a singular solution to the problem of fisheries preservation.
26 48. The complex of attitudes (economic, social, religious in origin) which shape our
27 behavior in relation to critical areas is unlikely to be significantly affected by a
28 device which is primarily political in nature, that is, regulation.
29 49. The claim that significant and irreparable damage to the environment is occurring
30 as a result of the level of regulation adopted by Whatcom County is unsupported
31 by evidence within the record before this Council.
32 50. The County currently has in place non - regulatory devices which are designed to
33 assist in the protection and preservation of critical areas. These include the current
34 levying -of a conservation futures tax, and a public benefit rating system which is
35 employed with the open space tax program. Taxation based on current usage
36 under the open space program provides financial incentive for the maintenance and
37 protection of critical areas.
38 51. The County also requires SEPA review of proposed projects and has a Shoreline
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1 Management Master Program which governs activities within waters of the State
2 and adjoining areas. These measures provide significant protection of a portion of
3 critical areas in the county.
4 52. The Washington State Department of Fish and Wildlife has jurisdiction over the
5 waters of the state, which includes streams. Hydraulics Project Approval (HPAs)
6 is required to be obtained from that department prior to activity such as dredging
7 within ditches and streams. The approvals granted by that department are
8 conditioned to protect the fisheries resource. Farmers find it very difficult to
9 obtain the approvals to conduct necessary ditching activity.
10 53. The portions of Whatcom County outside of the National Forest, National Park, and
11 Ross Lake Recreation Area, outside of acreages zoned for agriculture and forestry,
12 and outside of the cities, constitute approximately 200,000 acres, which is about
13 15% of the total acreage in Whatcom County. Of this acreage, the vast majority
14 is subjected to relatively low- intensity usage.
15 54. It is neither.. necessary nor prudent for the County to duplicate regulations adopted
16 and administered by other jurisdictions such as the State and Federal governments,
17 and this Council finds that such duplication was not the intent of the Growth
18 Management Act.
19 .55. Development pressures on critical areas which are subject to County jurisdiction,
20 while they do exist, are at a level where they are adequately restrained by the
21 combination of Federal, State and local regulations, including this ordinance, so
22 that they do not threaten achievement of the goal of critical -areas protection- in
23 light of the full range of regulatory and non - regulatory protections in place.
24 56. Wetlands in Whatcom County which are not subject to regulation by this ordinance
25 constitute a small fraction of all wetlands in the county and represent areas of
26 relatively lesser wetland function and value. Their exclusion from this regulatory
27 scheme is warranted in light of the competing interests of affordable housing,
28 minimizing intrusion on private property interests, encouragement of economic
29 development, and expediting the permit process. The public process also indicated
30 a strong desire to exclude these wetlands from regulation.
31 57. Regulation of wetlands of marginal wetland function and value not only directs
32 development toward uplands which may possess equal or greater environmental
33 value, it also causes the expenditure of time and money which is involved in
34 responding to additional regulation, thereby thwarting the interests referenced in
35 the finding above for no significant beneficial purpose.
36 58. Cfitical fish and wildlife habitat areas frequently coincide with the areas already
37 protected by this ordinance and other regulatory provisions of this and other
38 jurisdictions. To the extent that these critical habitat areas do not lie within
39 protected wetlands, streams or their protected buffers, this ordinance defines a
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1 mechanism for identifying such areas, and thereafter establishing additional
2 protection where and to the extent necessary.
3 59. The attenuation of peak flows in order to reduce flooding is a function attributed
4 to wetlands. In Whatcom County, most flood events are attributable to winter
5 storms in which heavy rainfalls combine with rapidly rising temperatures in the
6 higher elevations so that rainfall and snow melt unleash large volumes of water
7 into the upper portions of watersheds within a short time. The flood attenuation
8 function of wetlands in western Whatcom County in relation to this large volume
9 of water is minor. Development standards requiring stormwater management
10 address attenuation of peak flows exacerbated by construction of impervious
11 surfaces. Whatcom County also has a flood control zone district with significant
12 funding which is actively pursuing flood control management measures.
13 60. Wetlands that provide significant recharge of aquifers are very valuable to the
14 community, particularly when the aquifer is the source of water for public
15 consumption. Because of the soil conditions which result in the existence of
16 .wetlands, these types of wetland are relatively rare in Whatcom County.
17 61. The public testimony, both written and oral, in general, voiced a strong conviction
18 that private property owners are the best stewards of their land and that
19 regulations designed to protect resources on their property should be determined
20 locally.
?1 62. A number of changes were made to the Planning Commission recommendations
22 based upon public input.
23 63. This Council, upon review of background documents and other sources of
24 information provided by staff, finds that streams are important components of
25 watershed systems when they demonstrate clear evidence of the annual passage
26 of water.
27 64. Activities of utility service providers within rights -of -way are critical to the health
28 and welfare of residents of Whatcom County.
29 CONCLUSION
30 These Critical Areas Regulations as amended will provide adequate protection to Critical
31 Areas and bring Whatcom County into compliance with the Growth Management Act.
32 The adoption process has been sufficient to comply with the public participation
33 requirements of the GMA.
34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
35 Section 1. Whatcom County hereby amends Chapter ' 16.16, Whatcom County Code,
36 "Critical Areas," to comply with the Washington State Growth Management Act, as
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1 indicted in Attachment A.
2 Section 2. Adjudication of invalidity of any of the articles, sections, clauses, or
3 provisions of this Ordinance shall not affect or impair the validity of the ordinance as a
4 whole or any part thereof other than the part so declared to be invalid.
5 ADOPTED this 30 day of April 1996. and
ADOPTED this 14th day of May, 1996
6
7 ATTEST:
WHATCOM COUNTY 'COUNCIL
WHATCOM COUNTY, WASHINGTON
8 IV
• .
10 APPROV D as to form & content: O Approved O Denied
11
12 Karen Frakes, Civil Deputy, Prosecutor Pete Kremen, County Executive
13 Date: 0 a G
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1
2
3
n
May 20, 1996 ATTACHMENT A
Chapter 16.16, Whatcom County Code
CRITICAL AREAS
Article I. Purpose
16.16.010 Purpose.
A. The purpose of this chapter is to carry out
the goals of the Whatcom County comprehensive
land use plan by identifying and managing
environmentally critical areas and ecosystems.
This chapter seeks to maintain harmonious
relationships between human activity and the
natural environment.
B. By regulating development and alterations
to those areas sensitive to human activity, this
chapter seeks to:
1. Give county staff time to develop a
permanent ordinance while complying with state
and local laws;
2. Protect the health, safety and welfare of
the public;
3. Reduce potential losses to property and
human life;
4. Protect the public from damage due to
landslide, subsidence, erosion, seismic, volcanic,
flooding and other natural hazards;
5. Protect the public against losses from
unnecessary maintenance of .public facilities,
property damage and cost for emergency rescue
relief operations;
6. Prevent adverse impacts to the quality and
quantity of .water resources;
7. 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;
8. Prevent destruction to the natural
resources necessary to maintain the viability of
natural ecosystems;
9. Protect and restore environmentally
sensitive areas, and /or mitigate impacts to
environmentally sensitive areas by regulating
their development;
10. Protect unique, fragile and valuable
elements of ffie environment, including fish,
shellfish, and wildlife habitat;
11. Protect wetlands and streams;
12. Provide county officials with information
to approve, condition, or deny development
proposals. (Ord. 95 -020 Exh. A 1.1).
16.16.020 SEPA policy.
The goals, policies and purposes set forth in this
chapter shall be considered policies of Whatcom
County under the State Environmental Policy
Act. (Ord. 95 -020 Exh. A 1.2).
Article II. Definitions
16.16.030 Definitions.
Words and phrases used in this chapter shall be
interpreted as defined below and, where
ambiguity exists, words or phrases shall be
interpreted so as to give this chapter its most
reasonable application in carrying out its
regulatory purpose.
1. "Activity" means human activity
associated with the use of land or its .resource.
2. "Adequate water supply" means a water
supply which meets the requirements specified in
the Whatcom County health department interim
water availability policy.
3. "Agricultural activities" means 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.
4. "Agricultural land" means land composed
of prime agricultural soils as defined by the U.S.
Soil Conservation Service, or land primarily
devoted to the production of horticultural,
viticultural, 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.
5. "Alluvial fan" means a fan shaped deposit
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
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.
6. "Alluvial fan hazard areas" means 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:
a. "High hazard area" means 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 one percent 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" means 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.-" -
7. "Alluvium" means 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 running water, as a sorted or semi -sorted
sediment in the bed of the stream or on its
floodplain or delta.
8. "Anadromous fish" means fish species
that ascend rivers from the sea to spawn.
9. "Aquifer" means a geologic formation,
group of formations, or part of a formation
capable of yielding a significant amount of
ground water to wells or springs (Chapter
173 -160 WAC).
10. "Bedding surface" means a surface,
typically conspicuous, within a mass of stratified
rock or soil, representing an original surface of
deposition; the surface of separation or interface
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
Critical Areas
May 20, 1996
plane.
11. "Bedrock" means a general term for
rock, typically hard, consolidated geologic
material, that underlies soil or other
unconsolidated, superficial material.
12. "Best management practices" means
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.
13. 'Best management practices (aquifer
recharge areas)" means 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 (Chapter 173 -200 WAC).
14. "Buffer (the buffer zone)" means the
vegetated area adjacent to the outer boundaries
of wetlands or the ordinary high water mark of
streams which provide separation as required by
this chapter, thus minimizing adverse impacts to
these areas.
15. "Commercial fish" means those species
of fish that are classified under the Washington
Department of Fisheries Food Fish Classification
as commercial fish (WAC 220 -12 -010).
16. "Compensatory mitigation" means
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" means 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" means actions performed to
intentionally establish a critical area or a portion
of a critical area where one did not formerly
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
exist.
c. "Enhancement" means 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.
17. "Consolidation" means a process
whereby loosely aggregated, soft, or liquid earth
materials become firm and coherent rock.
18. "Contaminant" means 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 (Chapter 172 -200 WAC).
19. Contiguous Wetlands. Wetlands are
contiguous to a stream, river, pond, lake or
marine water when they are connected by
wetland hydrology as defined in the 1987
Edition, and as amended, Corps of Engineers
Wetlands Delineation Manual,
20. "Critical aquifer recharge areas" means
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.
21. Critical Areas. The following areas as
required in this chapter shall be regarded as
critical areas:
a. Geologically hazardous areas;
b. Alluvial fan hazard areas;
c. Critical aquifer recharge areas;
d. Wildlife habitat conservation areas;
e. Wetlands:
f. Streams,
g. Fish habitat conservation areas;
h. Shellfish habitat conservation areas.
22. "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:
a. Essential Facilities.
L Fire and police stations;
ii. Tanks or other structures containing,
housing or supporting water or other
fire- suppression materials or equipment required
for the protection of essential or hazardous
Critical Areas
May 20, 1996
facilities, or special occupancy structures;
iii. Emergency vehicle shelters and
garages;
iv. Structures and equipment in
emergency - preparedness centers;
v. Stand -by power generating equipment
for essential facilities;
vi. Structures and equipment in
government communication centers and other
facilities required for emergency response.
b. Hazardous Facilities. Structures
supporting or containing sufficient quantities of
toxic or explosive substances dangerous to the
safety of the general public if released.
c. Special Occupancy Structures.
i. Covered structures where primary
occupancy is public assembly;
ii. Buildings for schools, colleges, adult
education or day -care centers;
iii. Hospitals and other medical
facilities;
iv. Jails and detention facilities.
23. "Debris avalanche" means rapid and
sudden sliding or flow of rock and /or soil
materials; or the deposits of such.materials.
24. "Debris flow" means a moving mass of.
rock fragments, soil, and mud; more than half of
the particles being larger than sand size.
25. "Debris torrent" means a violent and
rushing mass of water, logs, boulders and other
debris.
26. " Deepwater habitats" means 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 two 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
Page 3
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
al.).
27. "Delineation" means the precise
determination of wetland boundaries in the field
according to the application of specific
methodology as described in the 1987 Edition,
and as amended, Corps of Engineers Wetlands
Delineation Manual and the mapping thereof.
28. "Development" means any activity that
requires federal, state, or local approval for the
use or modification of land or its resource.
These activities include, but are not limited to:
subdivision and short subdivisions; binding site
plans; planned unit developments; variances;
shoreline substantial development; clearing
activity;.-fill and grade work; activity
conditionally allowed; building or construction;
revocable encroachment permits; and septic
approval.
29. "Drainage ditch" means an artificially
created watercourse constructed to drain surface
or ground water.
30. "Earthflow" means 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°• . _..
31. "Emergent wetland" means a wetland
with at-least 30 percent of the surface area
covered by-erect, rooted, herbaceous vegetation
as the uppermost vegetative strata.
32. "Exotic" means any species of plants or
animals that is not indigenous to the area.
33. "Farm pond" means a deepwater habitat
created from a nonwetland site in connection
with agricultural activities where the pond is
smaller than five acres.
34. "Fault" means a fracture in the earth or
a zone of fractures along which there has been
displacement of the sides relative to each other.
35. "Fault plane" means a fault surface that
is more or less planar.
36. "Fen" means wetlands which derive peat
from herbaceou's materials which are less acidic
and have a higher nutrient status and greater
plant diversity than other bogs.
37. "Fish habitat" means a- complex of
physical ,and biological conditions that provide
Critical Areas
May 20, 1996
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 and lake
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.
38. " "Forest practices" means any activity
conducted on or directly pertaining to forest land
and related to growing, harvesting or processing
timber (Chapter 222 -16 WAC). This does not
include the conversion of forested land to a use
incompatible with growing timber.
39. "Forested wetland" means 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.
40. "Functions" means the processes or
attributes provided by Critical Areas such as
Wetlands, Streams 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 and mammals;
protection of habitat for rare, threatened, and
Page 4
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
endangered species; food chain and habitat
support for a broad range of fish and wildlife.
These beneficial roles are not listed in order of
priority.
41. "Game fish" means those species of fish
that are classified by the Washington Department
of Wildlife as game fish (WAC 232 -12 -019).
42. 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.
43. "Geologically hazardous areas" means
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:
a. Landslide hazards;
b. Seismic hazards;
c. Mine hazards.
44. 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.
45. "Gradient" means 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).
46. "Ground water" means 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
(Chapter 90.44 RCW).
47. "Growing season" means the portion of
the year when soil temperatures are above
biologic. zero (41 degrees Fahrenheit) as defined
Critical Areas
May 20, 1996
by "Soil Taxonomy." The following growing
season months are assumed for each of the soil
temperature regimes: (1) thermic (February to
October), (2) mesic (March to October), (3)
frigid (May to September).
48. "High intensity land use" means 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, multifamily residential
development, and commercial and industrial land
uses.
49. "High quality native wetlands" means
wetlands which are on record with the
Washington Natural Heritage. Program as a high
quality native wetland.
50. "High quality wetlands" means 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.
51. "Holding habitat" means habitat that
supports anadromous fish in the winter months,
during periods of low or high flow, or for other
reasons during the migration phase of a fish's
life cycle,
52. "Holocene epoch" means an epoch of the
Quaternary Period, from the end of the
Pleistocene, approximately 10,000 years ago, to
the present time.
53. "Hydric soil" means 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
hydric soil shall be determined following the
methods described in the 1987 Edition, and as
Page 5
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
amended, of the Corps of Engineers Wetlands
Delineation Manual.
54. " Hydrophytic vegetation" means
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.
55. "Impervious surface" means any
manufactured surface that does not allow water
to pass from the surface to be absorbed by the
soils directly below it.
56. "In -kind compensation" means to replace
wetlands with substitute wetlands whose
characteristics closely approximate those
destroyed or degraded by a regulated activity.
57. "Isolated wetlands" means 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.
58. "Joint" means 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.
59. "Joint system" -means two or more
groups of joint gets that intersect.
60. "Lahar" means 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.
61. "Lake" means 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.
62. "Landslide" means 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,
Critical Areas
May 20, 1996
slumps, mudslides, rock slides, and rock falls.
63. "Landslide hazard areas" means areas
potentially subject to risk of mass movement due
to a combination of geologic, topographic, and
hydrologic factors.
64. "Low impact activity" means 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.
65. "Maintenance and repair" means 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. ,
66. "Mass wasting (a.k.a. mass movement)"
is 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 and rockslides .
or mud, earth, and debris flows.
67. "Mature forested wetland" means 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
percent 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.
68. "Mean annual flow" means the average
flow of a stream (measured in cubic feet per
second) from measurements taken throughout the
year.
69. "Mitigation" means 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
Page 6
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
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 over time 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;
f. Monitoring the adverse impact and the
compensation project and taking appropriate
corrective measures. .
70. "Mitigation plan" means a detailed plan
indicating actions necessary to mitigate adverse
impacts to critical areas.
71. "Mudflow" is 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 flow is preferable. The
water content of mudflows may range up to 60
percent; with increasing fluidity, mudflows grade
into muddy floods; with less fluidity, they grade
into earth flows.
72. "Mudslide" means a relatively
slow- moving type of mudflow in which
movement occurs predominantly by sliding upon
a discrete boundary shear surface.
73. "Native vegetation" means plant species
which are indigenous to the area.
74. "Natural heritage wetlands" means
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.
75. "Nongame fish" means all species of fish
that are not classified by the Washington
Critical Areas
May 20, 1996
Department of Wildlife as game fish under WAC
232 -12 -019.
76. "Off -site compensation" means to
replace wetlands away from the site on which a
wetland has been adversely impacted by a
regulated activity.
77. "On -site compensation" means to replace
wetlands at or adjacent to the site on which a
wetland has been adversely impacted by a
regulated activity.
78. "Ordinary high water mark" means 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)).
79. "Out -of -kind compensation" means to
replace wetlands with substitute wetlands whose
characteristics do not closely approximate those
destroyed or degraded by a regulated activity.
80. "Perennial stream" means a stream that
normally has surface water flowing year -round
along most of its length.
81. "Person" means any person,
proprietorship; partnership, corporation; indian
tribe, federal, state or local government, or part
thereof.
82. "Pond" means 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.
83. "Potable" means water which is suitable
for drinking by the public (Chapter 246 -290
WAC).
84. "Project" means any proposed .or
existing development activity regulated by
Whatcom County unless specifically exempted
by this chapter.
85. "Public interest" means a demonstrable
long range benefit to the community based on a
clear public 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
Page 7
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
or to the natural environment.
86. "Pyroclastic" pertains to clastic rock
material formed by volcanic explosion or aerial
expulsion from a volcanic vent.
87. "Pyroclastic flow" means 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.
88. "Qualified wetland specialist" means a
person who has earned a Bachelor's Degree in
science with specific or related fields with course
work in wetland ecology, hydrology or soils
science from an accredited college or university
and two years of professional experience in
wetland delineation, functional assessment and
mitigation.
89. "Qualified wildlife consultant" means a
professionally trained wildlife.biologist or
ecologist or other professional with expertise in
the scientific disciplines necessary to identify,
evaluate and manage habitat.
90. "Quaternary" means 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.
91. "Rearing habitat" means habitat that
supports juvenile fish.
92. "Regulated wetlands" means ponds and
Category I, II, III wetlands. Regulated wetlands
do not include those artificial ponds or wetlands
intentionally created from nonwetland sites;
including, but not limited to, irrigation and
drainage _ditches, .grass -lined swales, canals,
detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities.
93. "Resident fish" means 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.
94. "Riparian corridor" means 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
Critical Areas
May 20, 1996
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.
95. "Riparian vegetation" means 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 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 stream_ s, . rivers and
lakes.
96. "River" means 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.
97. "Scrub -shrub wetland" means a regulated
wetland with at least 30 percent of its surface
area covered by woody vegetation less than 20
feet in height at the uppermost strata.
98. "Seismic hazard areas" means areas
subject to risk of severe damage as a result of
earthquake induced ground shaking, slope
failure, settlement, or soil liquefaction.
99. "SEPA" is a commonly used
abbreviation for the State Environmental Policy
Act.
100. "Shellfish" includes clams, oysters, or
other bi- valve.
101. "Shellfish Habitat Conservation Areas"
are all public and private tidelands suitable for
shellfish.
102. "Shoreline" (Shoreline Management
Act) means all of the water areas of the state,
including reservoirs and their associated
wetlands, together with lands underlying them;
Page 8
except:
a. Shorelines on segments of streams
upstream from a point where the mean annual
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
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.
103. "Slope" means:
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 10 feet of vertical relief.
104. "Slope failure" means gradual or rapid
downslope movement of soil or rock under
gravitational stress.
105. "Slump" means 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.
106. "Smolting" means the transitional
process of anadromous fish as they adapt to salt
water.
107. "Soil" means 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.
108. "Spawning" means the act of fish
reproduction; the deposition and fertilization of
eggs.
109. "Sphagnum bog" means 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.
110. "Sport fish" means those species of fish
that are classified under the Washington
Department of Fisheries Food Fish Classification
Critical Areas
May 20, 1996
as sport fish (WAC 220 -12 -010).
111. "Stream" means 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 annual
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 or other
artificial water courses where there is evidence
of significant commercial, game and sport fish
populations and that were natural streams prior
to human alteration or replaced natural streams
with the construction of the artificial
watercourse. For purposes of this chapter a
stream shall fall into Type 2 through 5 water
pursuant to Appendix E of this chapter.
112. "Subbasin" means 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 chapter.
113. "Toe" means the lowest part of a slope
or cliff; the downslope end of an alluvial fan,
landslide, ' etc.
114. "Top" means the top of a slope; or in
this chapter it may be used as.the highest point
of contact above a landslide hazard area.
115. "Utilites" means all lines and facilities
used to distribute, collect, transmit, or control
electrical power, natural gas, petroleum
products, information (telecommunications),
water, and sewage.
116. "Value" means the importance or
significance attributed to the various functions
which Critical Areas may provide. Usually
defined or measured in terms of benefit to
humans, including examples of economic
benefits such as commercial fisheries production
or flood attenuation.
117. "Volcanic hazard areas" means 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.
118. "Watershed" means a geographic
region within which water drains into a
particular river, stream or body of water. For
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
the purposes of this chapter, watersheds shall
include the following:
a. 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.
b. Nooksack River Drainages: North Fork,
Middle Fork, South Fork, Kamm Slough, Upper
Nooksack, Bertrand /Fishtrap Creeks, Ten Mile
Creek, Lower Nooksack.
c. Canadian Drainages: Chilliwack River,
Saar Creek, Sumas River.
119. `'Well head protection area" means 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.
120. "Wetlands" means 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.
- 121. Wetland Classification (Class).
Wetlands are classified by the U.S. Fish and
Wildlife Service Classification of Wetlands and
Deepwater Habitats of the United States
(Cowardin, et al.).
122. Wetland Creation. See "compensatory
mitigation. "
123..Wetland Enhancement. See
"compensatory mitigation."
124. "Wetland functions" means 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 nongame
birds, mammals'; protection of habitat for rare,
threatened,- and endangered species; food chain
and habitat support for a broad range of fish and
wildlife. These beneficial roles are listed in order
of priority.
Critical Areas
May 20, 1996
125. Wetland Identification. Wetlands are
identified according to the methodology
described in the following publication: 1987
Edition, and as amended, of the Army Corps of
Engineers Wetlands Delineation Manual.
126. "Wet meadow" means 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 nonnative
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.
127. Wetland Restoration. See
"compensatory mitigation." (Ord. 95 -020 Exh.:.A
2)
Article III. Administrative Provisions
16.16.040 Applicability and jurisdiction.
A. This chapter shall be consistently applied to
any .development within geographical areas that
meets the definition and criteria for critical areas
as set forth in this chapter.
B. In order that this chapter shall be
consistently applied to all applicants, county
officials are responsible for applying regulations
consistently. (Ord. 95 -020 Exh. A 3:2)
16.16.050 Resource information and maps.
A. Recognizing the necessity for accurate
geographic information, the Whatcom County
Planning and Development Services 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.
B. Within three years of the implementation of
this chapter 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 and Development
Services Department for public inspection.
Page 10
Attachment A - Chapter 16.16 WCC Critical Areas
Ordinance #96 -017 May 20, 1996
1 C. When completed, environmentally critical
2 areas maps shall serve as guides to the location
3 and extent of such critical areas. In the interim,
4 critical areas preliminary inventory maps shall be
5. used to alert the public and responsible officials
6 to the potential presence of critical areas on the
7 site of proposed projects.
8 D. Map identification of critical areas provides
9 only approximate boundaries and locations in
10 Whatcom County. The actual locations and
11 boundaries of critical areas shall be based upon
12 the presence of the features applicable to each
13 critical area element in this chapter. (Ord.
14 95 -020 Exh. A 3.3).
15 E. Existing maps currently used by Whatcom
16 County staff include:
17 • draft W.C. Wetland Inventory maps;
18 • draft W.C. Geology maps;
19 • draft W.C. Fish Habitat technical maps;
20 • draft W.C. Wildlife Habitat technical maps;
21 • draft W.C. Alluvial Fan maps;
22 • draft W.C. Slope Stability maps.
23 16.16.060 Permit exemptions.
?4 The following exemptions are authorized:
25 A. Emergency construction or activity
26 necessary for the immediate. preservation of the
27 public health, safety and welfare as determined
28 by the county.
29 B. Exemptions relating to critical areas found
30 in corresponding sections of this chapter.
31 C. Projects in the public interest which
32 prevent, minimize, and /or mitigate flood
33 damages to public and private property.
34 D. All activity undertaken by diking or
35 drainage districts whose activities are allowed
36 subject to Chapters 85.05 and 85.06 RCW;
37 provided that:
38 1. The diking or drainage district submits an
39 annual work plan to the county each year; and
40 2. Adverse impacts to wetlands, rivers and
41 streams and fish habitat conservation areas are
42 minimized; and -
43 3. Adverse impacts to water quality and
44 quantity are minimized during such activity; and
45 4. The county has the option to comment on
46 all hydraulic permit applications submitted to
47 either the Washington State Department of
Fisheries or Wildlife.
E. Development activity located inside the
footprint or exterior walls of an existing
structure. (Ord. 95 -020 Exh. A 3.4).
F. Construction, maintenance and repair of
rights -of -way and utilities within rights -of -way.
16.16.070 Permit requirements.
A. Development within a critical area requires
approval of a development permit, conditioned
upon compliance with this chapter, unless
otherwise exempted or allowed in this chapter.
B. Development Permit. Review and approval
for a proposed development within a critical area
may be initiated through the application for any
development permit in Whatcom County.
1. Maintenance Permit. As an alternative to
requiring development permits for each
development activity, 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 requirements set forth in this chapter;
b. The applicant shall submit a
management plan to the county with the
following included:
L Projected scope of work for a one -year
period;
ii. Type of equipment to be used;
iii. Manner in which the equipment will be
used;
iv. A detailed explanation of best
management practices to be used.
2. Single - Family Unit. A report or plan from
a qualified specialist may not be required when
the application is for one single - family dwelling
unit or accessory uses on a one legal
single - family lot of record.
C. The Technical Administrator shall develop
clear administrative procedures for administrative
review and determination of a project proposal
when any part of the project is within a Critical
Area or its buffer. These administrative
procedures shall be predictable. Whatcom
County assessment and site evaluation shall be
based upon sound technical and scientific
Page 11
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
grounding. (Ord. 95 -020 Exh. A 3.5).
2 16.16.080 Fees.
3 The following fees shall be. paid upon filing any
4 application requiring review for compliance with
5 this chapter:
6 A. Estimated Project Costs Fee
7 up to $2,500 - $35.00
8 $2,500 - $5,001 $50.00
9 $2,501- $50,000 $100.00
10 $50,000 - $200,000 $200.00
11 $100.00 addition to fee for each additional
12 $100,000 up to $500,000.00
13 B. Each application for a variance shall be
14 accompanied by a fee as stated in WCC
15 20.84.250.
16 C. Each application for an appeal of an
17 administrative decision to the hearing examiner
18 shall be accompanied by a fee as stated in WCC
19 20.84.250.
20 D. Critical areas delineations and /or boundary
21 determinations and other technical- services may
22 be performed by the county at the request of the
23 applicant pursuant to WCC 16.16.380(B) at a
24 rate of $35.00 per hour, payable in advance by
25 the applicant: (Ord. 95 -020 Exh. A 3.6).
26 16.16.090 Variances.
27 A. The hearing examiner shall grant a variance
28 from the requirements in this chapter under the
29 following circumstances:
30 1. The applicant proves by clear, cogent and
31 convincing evidence all of the following
32 elements:
33 a. The variance does not constitute a grant
34 of special privilege, and is not based upon
35 reasons of hardship caused by previous actions
36 of the property owner; and
37 b. Because of special circumstances
38 applicable to the subject property, including size,
39 shape, topography, location or surroundings, the
40 application of this chapter precludes all
41 reasonable uses of.the property otherwise
42 allowed in the identical zone classification under
43 WCC Title -20; and
44 c. The granting of the variance will not be
45 injurious to the health or safety of the
46 community; or
Critical Areas
May 20, 1996
2. The applicant proves all of the following
elements:
a. 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
b. The activity will have no adverse
impact on the functions of the critical areas or
their value; and
c. No portion of the project is located
within a wetland, river /stream, fish habitat
conservation area, or a wildlife habitat
conservation area; and
d. The critical area for which a variance is
sought is not a geologically hazardous area or an
alluvial fan hazard area; and
e. Any party of record may appeal a
hearing examiner decision pursuant to Chapter
20.92 WCC.
B. 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 Chapter 20.92
WCC.
C. Procedural requirements for variances shall
be as set forth in WCC 20.84.230. (Ord. 95 -020
Exh. A 3.7).
16.16.100 Nonconforming uses /buildings.
The lawful use of any building, land, or
premises existing on the effective date of
adoption or amendment of this chapter may be
continued, although such use does not conform
to the provisions hereof. If such nonconforming
use is discontinued for a period of 12 months or
more, then any futu* use of said building, land
or premises shall be consistent with the
provisions of this chapter. (Ord. 95 -020 Exh. A
3.8).
16.16.110 Appeals.
A. Any person may appeal to the hearing
examiner a final order, final requirement, final
permit decision, or final determination made;
provided that, such appeal shall be filed in
writing within 20 working days of the date the
written decision is signed.
B. Any person or agency may appeal to the
hearing examiner a final order, final
Page 12
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
requirement; final permit decision, or final
determination made by the soil conservation
district; provided that, such appeal shall be filed
in writing within 20 days of the date that the
county receives a written decision from the
district.
C. For the purpose of this subsection, the
county's order, requirement, permit decision, or
determination shall not be deemed final until it is
reduced to writing and mailed to the applicant.
D. The appeal will be upheld if the applicant
proves that the decision appealed is clearly
erroneous.
E. 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 Chapter 20.92
WCC. (Ord. 95 -020 Exh. A 3.9).
19 16.16.120 Penalties and enforcement.
20 A. Any person who engages in work at a
21 project site within a critical area, and:
22 . 1. Fails to obtain a development permit or
23 authorization when required pursuant to this
24 chapter; or
5 2. Fails to comply with any permit condition
26 required pursuant to this chapter; or
27 3. Fails to comply with any condition of a
28 permit, exemption, or agricultural conservation
29 plan, shall be guilty of a civil offense and shall
30 be fined a sum not to exceed $1,000 for each
31 offense. Each day of site work in conjunction
32 with any of the above violations shall constitute a
33 separate offense.
34 B. The penalty provided in subsection A shall
35 be imposed by a notice in writing, either by
36 certified mail with return receipt requested, or
37 by personal service to the person, incurring the
38 same. The notice shall include the amount of the
39 penalty imposed and shall describe the violation
40 with reasonable particularity in ordering the act
41 or acts constituting the violation or violations to
42 cease and desist or, in appropriate cases,
43 requiring necessary corrective action to be taken
44 within a specific and reasonable time.
45 C. Within 30 days after the notice is received,
46 the person incurring the penalty may apply in
47 writing to the county for remission or mitigation
48 of such penalty. Upon receipt of the application,
Critical Areas
May 20, 1996
the county may remit or mitigate the penalty
upon whatever terms the county in its discretion
deems proper. The county'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
10 days of its issuance.
D. The prosecuting attorney may enforce
compliance with this chapter by such injunctive,
declaratory or other actions as deemed necessary
to ensure that violations are prevented, ceased,
or abated.
E. If work activity has occurred on a site in
violation of subsection A, prompt restoration of
the site will be required, any and all permits or
approvals issued by the county may be denied
for that site for a period of up to six years.
F. In the event any person violates any of the
provisions of this chapter, the county. shall issue
a notice of violation to be delivered to the owner
or 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 $500.00 up to a maximum fine of $1,000 or
one year in jail, or both. Under no circumstance
may the court defer or suspend any portion of
the minimum $500.00 fine for any conviction
under this section. Each day or part thereof of
noncompliance with said_ order to stop work shall
constitute a separate offense. (Ord. 95 -020 Exh.
A 3.10).
16.16.130 Suspension, revocation.
The county 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. (Ord.
95 -020 Exh. A 3.11).
16.16.140 Severability.
Should any section or provision of this chapter
be declared invalid, such decision shall not affect
the validity of this chapter as a whole. (Ord.
95 -020 Exh. A 3.12).
Page 13
Article IV. Geologically Hazardous Areas -
Landslide Hazard Areas
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 16.16.150 Purpose.
2 It is the purpose of this article to minimize
3 hazards to the public from development activities
4 on or adjacent to landslide hazard areas. (Ord.
5 95 -020 Exh. A 4.1).
16.16.160 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 chapter.
A. 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:
1. Areas with all three of the following
characteristics:
a. Slopes between 15 and 35 percent; and
b. Hillsides intersecting geologic contacts
with a relatively permeable sediment overlying a
relatively impermeable sediment or bedrock; and
c. Springs or ground water seepage; or
2. Slopes exceeding 35 percent; or
3. Areas that show evidence of, or are at
risk from, snow avalanches.
B. High hazard landslide areas are those
landslide .hazard areas where risk from a
landslide due to slope failure is extreme. These
include the following:
1. Slopes having gradients steeper than 80
percent subject to rockfall during seismic
shaking.
2. Potentially unstable slopes resulting from
rapid stream incision, stream bank erosion, or
undercutting by wave action. These include
slopes adjacent to waterways exceeding 10 feet
in height and sloping at more than a 30 percent
gradient. (Ord. 95 -020 Exh. A 4.2).
46 16.16.170 Permit exemptions.
47 A. Trails. Public and private trails are allowed
Critical Areas
May 20, 1996
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.
B. Maintenance and reconstruction of roads
and utilities.
C. Construction of utilities.
D. Agricultural activity. (Ord. 95 -020 Exh. A
4.3).
16.16.180 Regulatory requirements.
A. Projects are prohibited in -high hazard
landslide areas.
B. No critical facilities shall be constructed or
located in landslide hazard areas.
C. Other projects are allowed in landslide
hazard areas subject to the following
requirements:
1. 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.
2. Land divisions shall be clustered where
appropriate to reduce disturbance to the area.
(Ord. 95 -020 Exh. A 4.4).
Article V. Geologically, Hazardous Areas -
Seismic Hazard Areas
16.16.190 Purpose.
It is the purpose of this article to reduce the risk
to life and property damage that results from
earthquakes, and to accelerate recovery from
such events. (Ord. 95 -020 Exh. A 5.1).
16.16.200 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 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
chapter. (Ord. 95 -020 Exh. A 5.2).
Page 14
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 16.16.210 Permit exemptions.
2 A. Accessory structures not involving human
3 occupancy.
4 B. Maintenance and reconstruction of roads
5 and utilities.
6 C. Agricultural activity. (Ord. 95 -020 Exh. A
7 5.3).
8 16.16.220 Regulatory requirements.
9 A. No critical facilities shall be constructed or
10 located in seismic hazard areas without fully
11 mitigating for the hazard.
12 B. All development shall conform to the
13 provisions of the Uniform Building Code which
14 contains structural safeguards to reduce risks
15 from seismic activity. (Ord. 95 -020 Exh. A
16 5.4).
17 Article VI. Geologically Hazardous Areas -
18 Mine Hazard Areas
19 16.16.230 Purpose.
20 It is the purpose of this article to minimize
21 hazards to the public from abandoned
22 underground coal mines.. (Ord. 95 -020 Exh. A
?3 6.1).
24 16.16.240. _Critical area - Mine hazard areas.
25 Mine hazard areas are those lands in proximity
26 to abandoned coal mines and associated
27 underground mine workings. These mine
28 workings include adits (mine entrances),
29 gangways (haulage tunnels), rooms and chutes
30 (large voids), drifts (water level tunnels), pillars
31 (coal left for support) and air shafts. Mine
32 hazards include subsidence, which is the uneven
33 downward movement of the ground surface
34 caused by underground workings caving in;
35 contamination to ground and surface water from
36 tailings and underground workings;
37 concentrations of lethal or noxious gases; and
38 underground mine fires. Mine hazard areas are
39 geologically hazardous areas and therefore
40 critical areas under this chapter. (Ord. 95 -020
41 Exh. A 6.2).
42 16.16.250 Permit exemptions.
43 A. Accessory structures not involving human
44 occupancy.
Critical Areas
May 20, 1996
B. Maintenance and reconstruction of roads
and utilities.
C. Agriculture activity. (Ord. 95 -020 Exh. A
6.3).
16.16.260 Regulatory requirements.
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.
(Ord. 95 -020 Exh. A 6.4).
Article VII. Alluvial Fan Hazard Areas
16.16.270 Purpose.
It is the purpose of this article 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 the property and safety
of citizens. (Ord. 95 -020 Exh. A 7.1).
16.16.280 Critical area - Alluvial fan hazard
areas.
Alluvial fan hazard areas are 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 chapter 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 one
percent 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
Page 15
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
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." (Ord. 95 -020 Exh. A 7.2).
16.16.290 Permit exemptions.
A. Accessory structures not involving human
occupancy.
B. Maintenance and reconstruction of roads
and utilities.
C. Agriculture activity. (Ord. 95 -020 Exh. A
7.3).
16.16.300 Regulatory requirements.
A. No critical facilities shall be constructed or
located within an alluvial fan hazard area without
fully mitigating for the hazard.
B. All projects on an alluvial fan must be
engineered and constructed to withstand water
levels produced by a debris torrent with a
100 -year return interval. (Ord. 95 -020 Exh. A
7A).
Article VIII. Critical Aquifer Recharge Areas
16.16.310 Purpose.
It is the purpose of this article to pursue the
following goals:
A. To preserve, protect, and conserve
Whatcom County's ground water resources for
current and future generations by protecting
them from contamination and depletion of
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. (Ord. 95 -020 Exh. A 8.1).
16.16.320 Critical area - Critical aquifer
recharge areas.
A. Critical aquifer recharge areas are critical
areas under this Chapter.
B. Critical. Aquifer Recharge Areas. Those
areas of high susceptibility to aquifer
contamination. Criteria for high susceptibility are
contained in the aquifer recharge rating system
Critical Areas
May 20, 1996
contained in Appendix A. They have been
generalized below as follows:
1. The project is located on either soil
conservation service hydrologic soil group
(HSG) A or B; and
2. The project is located on either the Sumas
outwash geologic unit or the Nooksack River
floodplain alluvium geologic unit; and
3. More than 50 percent 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 .
4. 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. (Ord.
95 -020 Exh. A 8.2).
16.16.330 Permit exemptions.
Those activities and projects exempt from SEPA
regulations. (Ord. 95 -020 Exh. A 8.3).
16.16.340 Administrative authority.
A. 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.
B. The county shall use the aquifer recharge
rating system contained in Appendix A of this
chapter 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
WCC 16.16.320(B).
C. A SEPA checklist shall be used as part of a
critical areas supplement to assist the county in
taking final action.
D. The SEPA official shall review the SEPA
checklist and make 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 county shall
condition or deny any project to minimize the
potential contamination from such sources.
Page 16
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 Conditions or denial of any project shall be
2 based upon information and analysis contained in
3 an environmental impact statement, a mitigated
4 declaration of nonsignificance, or any other
5 relevant environmental analysis. (Ord. 95 -020
6 Exh. A 8.4).
7 Article IX. Wetlands
16.16.350 Purpose.
A. 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.
B. It is the purpose of this article to pursue the
following goals:
1. 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.
2. To recognize and preserve the beneficial
wetland, functions for fish and wildlife habitat,
water quality preservation, plant diversity, flood
attenuation and low flow contribution, and water
storage.
3. To promote planning to avoid or
minimize damage to wetlands whenever
practicable. Approved activities should not
threaten public safety, the natural functions of
wetlands, or otherwise cause nuisance or hazard
by:
a. Restricting floodways, reducing flood
storage areas or destroying storm barriers,
thereby raising the flood stage and /or increasing
flow velocities and increasing flood damages;
b. Causing water pollution through
unauthorized application of pesticides and
algacides; disposal of waste or storm water
runoff at inappropriate sites; or the creation of
unstable fills;
Critical Areas
May 20, 1996
c. Increasing erosion;
d. Increasing runoff of sediment and storm
water;
e. Decreasing habitat value for fish and
wildlife, including rare, threatened, and
endangered plant and animal species, and
commercially and recreationally important fish
and wildlife;
f. Interfering with the exchange of
nutrients needed by fish and other forms of
wildlife;
g. Adversely affecting ground water
recharge or summer low flows in streams;
h. Destroying sites needed for education
and scientific research as outdoor biophysical
laboratories, living classroom, and training
areas;
i. Reducing the benefits of public property
to the public;
j. Adversely impacting property values'.-
(Ord. 95 -020 Exh. A 9.1).
16.16.360 .Critical area - Wetlands.
A. A wetland is a critical area.
B. 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.
C. Regulated Wetlands. Regulated wetlands
include:
1. Category I wetlands: all;
2. Category 11 wetlands: all;
3. Category III (A) wetlands: .5 acre or
greater.
4. Category III (B) wetlands: one acre or
greater
D. Nonregulated Wetlands. Nonregulated
wetlands include:
1. Category IV wetlands;
2. Intentionally created artificial wetlands
from a nonwetland site that were not required to
be constructed as mitigation for adverse wetland
impacts. These may include, but are not limited
to: irrigation and drainage ditches, grass -lined
swales, canals, detention facilities, wastewater
Page 17
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
treatment ponds, farm ponds not contiguous, as
defined in this chapter, and landscape amenities.
The applicant shall bear the burden of proving
that the wetland was intentionally created. In the
case where enhancements or restorations are
made to nonregulated, 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.
E. Whatcom County shall develop a functional
rating system that replaces the existing Whatcom
County Wetlands Rating System. The results of
such a task shall be inserted into the appropriate
chapters of the Whatcom County Development
Standards and used to assess functional
replacement and appropriate mitigation
requirements for wetlands that have been filled,
altered or degraded as a result of a project. This
functional rating methodology shall also be used
to assist the County in accurately making
wetland category determinations and to
determine site specific wetland buffers. The new
rating system must address special considerations
(adjustments in exemptions, buffers) for wetlands
in proximity to shellfish habitat and particularly
within a Shellfish Protection District. In these
cases, wetlands, regardless of .their., size can
provide valuable water quality functions that are
very difficult to mitigate if destroyed. (Ord.
95 -020 Exh. A 9.2).
16.16.370 Wetland categories.
A. Whatcom County 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 the ordinance codified in this chapter
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.
B. A determination of wetland categories shall
be made. The wetland rating system attached as
Appendix D shall be used to assist in making
category determinations by the county.
Critical Areas
May 20, 1996
C. 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:
1. The portion of the wetland subject to
Category III distinction meets the minimum
threshold required for regulatory purposes;
2. 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;
3. The portion of the wetland rated lower in
category functions as a buffer for the portion of
the wetland rated higher in category;
4. 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
immediately adjacent wetland that is rated higher
in category.
D. 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:
a.- Documented habitat for endangered or
threatened fish, or animal species or 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.
i. 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 0.5
miles of the proposed wetland of exceptional
Page 18
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
local significance.
2. Category II 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 cannot 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 Q5 of
the Whatcom County wetlands rating system
(Appendix D); or
d. Regulated wetlands which provide
documented habitat for salmonids.
e. Wetlands that provide a critical aquifer
recharge function for a documented public water
source.
3. Category III Criteria. Ponds that do not
contain the features outlined in Category I and II
criteria, or 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 with a
stream, river, pond, lake or marine water.
Contiguous Category III Wetlands shall be
divided into two categories. If a wetland meets
the following criteria, it shall be a Category
III(A); otherwise it shall be a Category III(B):
i. The wetland is .5 acre or larger,
with less than 80% cover of non -native plant
species as indicated in Appendix F; and,
ii. The wetland receives a score of 25
points or more based on the Wetlands Rating
System attached as Appendix D.;
b. Wetlands that are contiguous to other
wetlands constituting a total of five acres or
larger;
c. Isolated wetlands that are five acres or
44 larger;
45 4. Category IV Criteria. Wetlands that are
46 not included in Categories I, II or III. (Ord.
47 95 -020 Exh. A 9:3).
49 16.16.380 Determination of wetland
Critical Areas
May 20, 1996
boundaries.
A. Determination of wetland boundaries
shall be done in accordance with the
delineation methodology specified in the 1987
Edition, or as amended, of the Army Corps of
Engineers Wetlands Delineation Manual.
Evidence documenting the results of the
boundary survey may be required.
B. 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
county may waive the requirements for a
delineation when sufficient information exists
to reasonably determine the boundaries of a
wetland without a delineation. (Ord. 95 -020
Exh. A 9.4).
16.16.390 Permit exemptions.
A. The following uses within a regulated
wetland or its buffer area are exempt from the
requirements of this article; provided that,
adverse' wetland impacts are minimized,
hydrology is not altered and disturbed areas
are immediately restored:
1. Conservation or preservation of soil,
water, vegetation, fish, shellfish, and other
wildlife;
2. Low impact activities such as hiking,
canoeing, viewing, nature study, photography,
hunting and fishing;
3. 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;
4. The nonchemical maintenance (but not
construction) of drainage ditches and other
constructed storm water management facilities;
5. Low impact education or scientific
research;
6. Navigation aids and boundary markers;
7. Boat mooring buoys;
8. Low impact site investigative work
necessary for land use application submittals
Page 19
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 such as surveys, soil logs, percolation tests and
2 other related activities;
3 9. Agricultural activities conducted in
4 those wetlands defined as wet meadows under
5 this chapter;
6 10. Pesticide or fertilizer application
7 applied by applicators licensed by the
8 Washington State Department of Agriculture;
9 11. Normal maintenance and repair of
10 lawfully located existing serviceable structures,
11 facilities, utilities or improved areas;
12 12. Minor modification of lawfully located
13 existing serviceable structures, facilities,
14 utilities or improved areas;
15 13. Removal or destruction of noxious
16 weeds, as listed in Chapter 16 -750 WAC;
17 14. The cleaning and maintenance of
18 wetlands within rights -of -way; provided that,
19 the vegetation is not disturbed beyond that
20 necessary to gain reasonable access to the
21 water body, and further; provided that, the
22 water body does not support anadromous fish;
23 . 15. Construction of structures not subject
24 to development permit requirements which are
25 designed solely for the personal use -of the
26 property owners;
27 - 16. Alteration or removal of -beaver built
28 structures; provided that, in a Category I and
29 II Wetland there is no adverse impact pursuant
30 to WCC 16.16.410(B).
31 17.. Clearing and re- vegetation of buffer
32 area for aesthetic and view purposes provided
33 that:
34 a. Only single - family homeowners on
35 parcels within rural, agriculture, or forestry
36 zoning districts may use this exemption.
37 b. Clearing is limited to 20 linear feet
38 per 100 linear feet to a maximum of 40 linear
39 feet of buffer area.
40 c. Clearing may only extend to the
41 wetland edge.
42 d. Clearing shall not take place without
43 full mitigation.-where clear evidence exists that
44 establishes the presence of Fish, Shellfish, or
45 Wildlife Habitat Conservation Areas.
46 e. This exemption does not apply to
47 Category 1 wetlands.
48 B. The following uses are exempt from the
Critical Areas
May 20, 1996
requirements of this article 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:
1. Normal maintenance and repair of
lawfully located existing facilities, structures
or landscaping such as fences, buildings,
driveways, roads, lawns (mowing), drainages
facilities and utilities., including water and
sewer lines, power, petroleum and telephone
lines.
2. Development, including fill, of up to
12,000 square feet in the buffer of a Category
II or III wetlands under the following
conditions:
a. Category II Wetlands. The total
surface area of the buffer is 75 percent 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 subdivision of
an existing lot of record, and does not apply to
subsequent subdivision within the parent
parcel.
C. There are state and federal regulations
which apply to projects conducted- within
wetlands. Exemptions to County codes do not
eliminate other agency regulatory
requirements. Federal Regulations include:
Clean Water Act, Sect. 404 401
River and Harbor Act, Section 10
National Environmental Policy Act
Federal Water Pollution Control Act
Coastal Zone Management Act
Food Security Act - Swampbuster
National Floodplain Insurance Program
State Regulations include:
RCW 90.58 Shoreline Management Act
RCW 75.20 Hydraulic Project Approval
RCW 43.21C State Environmental Policy Act
RCW 76.09 Forest Practices Regulations
RCW 90.48 State Water Pollution Control
Act.(Ord. 95 -020 Exh. A 9.5).
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Attachment A - Chapter 16.16 WCC Critical Areas
Ordinance #96 -017 May 20, 1996
16.16.400 Relationship to other
jurisdictional agencies.
A. In cases where the United States Army
Corps of Engineers requires an individual
permit in accordance with the Clean Water
Act, it is determined that the permit conditions
satisfy the requirements of this chapter
(requirements imposed by the Army Corps
substitute for the requirements of this chapter).
B. In cases where other agencies exert
jurisdictional control over critical areas
including, but not limited to, the United States
Army Corps of Engineers, the Lummi Indian
Nation.trust land, the Nooksack Tribe trust
land, 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 county that the permit
conditions satisfy the requirements of this
chapter; the county shall allow requirements
imposed by any of these jurisdictions to
substitute for the requirements of this chapter.
(Ord. 95 -020 Exh. A 9.6).
16.16.410 Regulatory requirements.
A. There shall be no activity allowed within
a regulated wetland or its buffer without
authorization unless specifically exempted or
otherwise allowed in this chapter.
B. 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.
C. The county shall issue permits in
accordance with the wetlands category system
as defined in WCC 16.16.370.
D. Buffers shall remain naturally vegetated
except where the buffer can be enhanced to
improve its functional attributes.
E. All regulated wetlands shall be
surrounded by a buffer zone as follows:
1. Category I wetlands: 100 feet wide;
2. Category II wetlands: 50 feet wide;
3. Category III wetlands: 25 feet wide;
4. All buffers shall be measured on a
horizontal plane from the wetland edge.
F. Uses allowed within the buffer and the
wetland are as follows:
1. Category I Wetlands. Unless exempted
from requirements pursuant to WCC
16.16.060 and 16.16.390 or allowed by
authorization pursuant to WCC 16.16.400, no
activity shall be permitted within a Category I
wetland 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:
a. The project is in the public interest;
b. The project will result in minimum
adverse impacts to the wetland's-functional.
characteristics including topography,
vegetation, fish and wildlife resources and
hydrological conditions;
c. The project will not cause significant
degradation of ground water or surface water
quality;
d. The project will provide for
appropriate mitigation pursuant to WCC
16.16.420.
2. Category II Wetlands. Unless exempted
from requirements pursuant to WCC
16.16.060 and 16.16.390 or allowed by
authorization pursuant to WCC 16.16.400, no
activity shall be permitted within a Category II
wetland except those projects described in
Category I above, and those projects that meet
all of the following conditions:
a. The project will result in minimum
adverse impacts to the wetland's functional
characteristics including topography,
vegetation, fish and wildlife resources, and
hydrological conditions;
b. The project will not cause significant
degradation of ground water or surface water
quality;
c. The project will provide for
appropriate mitigation pursuant to WCC
16.16.420.
3. Category III. Wetlands. Activities may
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Attachment A - Chapter 96.96 WCC
Ordinance #96-017
be permitted within a Category III wetland;
provided that, in a Category III (A) wetland
the mitigation requirements of WCC 16.16.420
apply and that in a Category III (B) wetland,
the functions of the wetland are replaced.
G. Wetland buffers may be adjusted on a site
specific basis by the Technical Administrator
pursuant to H, I, and J below and in
conjunction with the use of the wetlands
functional rating system.
H. Standard Wetland Buffer Width
Averaging. Standard wetland buffers may be
modified by averaging buffer widths. Wetland
buffer width averaging shall be allowed where:
1. Averaging is necessary to avoid
hardship to the applicant caused by
circumstances peculiar to the property;
2. The wetland contains variations in
sensitivity due to existing physical
characteristics;
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;
4. Width averaging will. not. adversely
impact the wetland functions or its values;
5. The total area contained within the
wetland buffer after averaging is no less than
that contained within the standard. buffer prior
to averaging.
I. Increased Wetland Buffer Widths. The
county may require increased standard buffer
widths as a permit condition when it is
determined that a larger buffer is necessary to
protect wetland functions 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 when at least one of the following
apply:
1. The wetland has been designated a
wildlife habitat conservation area; or
2. The adjacent land is susceptible to
severe erosion and erosion control measures
will not effectively prevent adverse wetland
impacts, or
Critical Areas
May 20, 9996
3. The adjacent land use is likely to result
in a, significant adverse impact to the wetland
functions.
J. Reduced Wetland Buffer Width. The
county 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.
K. Storm Water Discharge. The
requirements below apply to storm water
discharges into wetlands through a conveyance
system:
1. Storm water discharges to wetlands
shall be controlled and treated to provide all
known and reasonable methods of prevention,
control, and treatment as mandated in the State
Water Quality Standards, Chapter 173 -201A
WAC, as required by state law. -
2. Created wetlands that are intended to
mitigate for loss of wetland acreage function
and value shall be designed using best
management practices to replicate and protect
all functions of natural wetlands.
3. Wetlands shall not be used for the
treatment of storm water except when the
storm water facility meets all of the following
criteria:
a. The use of upland sites is determined
by the county to be unfeasible. Criteria for
such a determination shall be included in the
Whatcom County development standards.
b. The functions and values of the
existing wetland are enhanced by the creation
of a constructed wetland not materially
degraded by its use in storm water
management.
4. Upon meeting the .criteria above in
WCC 16.16.410(x)(3), constructed wetlands
may be located in Category III wetlands when
the existing condition of the wetland is
degraded.
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
5. A degraded wetland is one that has over
80 percent of nonnative vegetation species as
indicated in Appendix F. (Ord. 95 -020 Exh. A
9.7).
16.16.420 Mitigation requirements.
Wetlands serve numerous functional attributes,
many that provide irreplaceable ecological
functions which cannot be replicated.
Mitigation of wetlands may take place when it
can be shown that the functional characteristics
of the existing wetland can be restored,
recreated or enhanced.
A. Mitigation Sequence.
.1. Projects otherwise permitted pursuant to
this_ chapter shall avoid, minimize, or
compensate for adverse impacts to regulated
wetlands . or their buffers in the following order
of preference:
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 over time 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;
f. Monitoring the adverse impact and the
compensation project and taking appropriate
corrective measures.
2. The above sequencing order may be
disregarded within urban growth areas or high
intensity land Use- areas.
3. Mitigation for individual projects may
include a combination of the above measures.
B. Scope of Mitigation. In making a
determination of the extent to which mitigation
shall be required, Whatcom County will
Critical Areas
May 20, 1996
consider all of the following:
1. The functional characteristics of the
wetland within the watershed or subbasin in
which the wetland is located, where
information is available and upon request;
2. 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;
3. The isolated and cumulative benefit of
the wetland functions loss;
4. The type, size, and location of the
wetland being altered, and the effect it may
have upon the remaining system or watershed
of which the wetland is a part;
5. Observed or predicted trends regarding
the gains or losses of this type of wetland in
the watershed, in light of natural and human
processes;
6. The likely success of the possible
mitigation measures; and
7. 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.
C. Compensatory Mitigation - General
Requirements. Compensatory mitigation shall
be required for projects in Category I and II
wetlands when alteration of the wetland result
in a loss to the wetland, or results in an
adverse impact to the wetland's functions.
1. Any person who alters wetlands 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.
2. On -site restoration or replacement of the
adversely impacted wetland will be the
preferred alternative for compensatory
mitigation efforts.
3. Where on -site mitigation is not feasible
due to technical constraints, the county may
accept an alternative proposal. Such proposal
may involve the restoration, enhancement or
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
creation of a wetland off -site, or participation
in a mitigation banking system.
4. Compensation plans shall be completed
and approved 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.
5. 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).
6. 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.
.7. 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.
8. A performance bond, assignment of
savings, or other like security shall be required
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.
9. A maintenance bond, assignment of
savings, or other like security shall be required
in an amount necessary -to provide for future
site monitoring and possible corrective action
required for compensatory mitigation projects.
This bond, assignment of savings, or the
security shall be released no later than five
years after completion of the mitigation.
project.
10. Site Selection. Compensation sites
Critical Areas
May 20, 1996
shall be selected in the following order of
preference:
a. Filled, drained, or cleared sites which
were formerly viable wetlands and where
appropriate hydrology exists;
b. 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.
D. Off -Site Compensatory Mitigation.
1. Off -site compensation may be accepted
as appropriate mitigation in high intensity land
use areas under the following" conditions:
a. On -site compensation-is not
scientifically feasible due to hydrology, soils,
waves, or other factors; or
b. On -site compensation is not practical
due to potentially adverse impact "from
surrounding land uses; or
c. Proposed functions at the site of the
proposed restoration are significantly greater
than lost wetland functions; or
d.. 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.
2. Off -site compensation shall occur:
a. Within an area where the most
significant improvement to the water resource
will take place with the greatest likelihood of
success.
b. Within the watershed subbasin which
is adversely impacted. This provision may be
waived only under one of the4ollowing
conditions:
L The existing subbasin is so
degraded that another basin location would be
more ecologically beneficial.
ii. If the compensation proposal is
located on a high priority mitigation site
designated by the county.
E. Compensatory Mitigation - Cooperative
Compensation.Projects. The county may
encourage, facilitate, and approve cooperative
mitigation compensation projects among more
than one applicant where:
Page 24
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 1. The mitigation compensation project
2 includes one or more larger wetlands as
3 opposed to many small wetlands;
4 2. The group demonstrates the
5 organizational and fiscal capability to act
6 cooperatively;
7 3. The group demonstrates that long -term
8 management of the compensation area can and
9 will be provided;
10 4. There is a clear likelihood for success
11 of the proposed compensation project at the
12 compensation site.
13 F. Mitigation Plan. Any person required to
14 develop a wetland mitigation project or
15 contribute to a mitigation bank, shall. submit a
16 mitigation plan to Whatcom County. The plan
17 shall describe at a minimum:
18 1. The location of the proposed project
19 site; ownership;
20 2. The size and type of existing wetland;
21 complete ecological assessment (flora, fauna,
22 hydrology, functions, etc.) of the wetland
23 being restored, enhanced, or the area where a
24 new wetland will be created;
?15 3. The natural suitability of the proposed
_6 site for establishing the replacement wetland
27 (i.e., water source and drainage patterns,
28 topographic position, fish and wildlife habitat
29 opportunities, value of the existing area to be
30 converted, etc.);
31 4. An estimation of likely success based on
32 comparable mitigation efforts;
33 5. Quantifiable goals and objectives in
34 order to determine the success of the plan over
35 time and to release performance bonds, or
36 require contingency actions, if necessary;
37 6. A plane view and cross - sectional scaled
38 drawings; topographic survey data, including
39 slope percentage and final grade elevation; and
40 other technical information as required in
41 sufficient detail to describe and provide for:
42 a. Soil and substrate conditions;
43 topographic elevation; grading and excavation;
44 erosion and sediment control needed for
45 wetland /stream construction and long -term
46 survival;
47 b. Planting plans specifying plant species
48 types, quantities, locations, size, spacing, or
Critical Areas
May 20, 1996
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.
G. Mitigation Banking. 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. (Ord. .
95 -020 Exh. A 9.8).
16.16.430 Wetland enhancement.
Whatcom County may waive the requirements
of this chapter when a proposal 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 Department of Fisheries and
Wildlife. (Ord. 95 -020 Exh. A 9.9).
16.16.440 Public interest test.
A. The public interest test is based upon 33
Code of Federal Regulations 320.4A as it
exists at the date of adoption of the ordinance
codified in this chapter, which is hereby
incorporated by reference and paraphrased
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below.
1. To perform the public interest test,
Whatcom County 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.
2. 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 fiber 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.
3. The following general criteria shall be
used to evaluate the factors used in the
balancing process: -
a. The extent of the public and private
need for the proposed - activity; ,.
b. 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;
c. The quality of the functions of the
affected wetland /stream and the extent of
wetland /stream disturbance;
d., The economic value of the proposed
regulated activity to the public;
e. The probable impact of the proposed
regulated activity on the health and welfare of
plants, fish, wildlife and people.
B. The county shall issue a public written
summary of its findings of fact and the results
of the balancing- process used to evaluate each
proposed activity. (Ord. 95 -020 Exh. A 9.10)
16.16.450 Agriculture restrictions -
Wetlands.
A. Notwithstanding all other provisions in
Critical Areas
May 20, 1996
this chapter, agriculture activities may be
conducted on agricultural land within a
regulated wetland or its buffer upon:
1. Submission of a conservation plan
approved by the Whatcom County
conservation district; and
2. Conformance with the soil conservation
minimum standards and specifications.
B. 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 county.
C. 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 Department 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.
D. Upon approval from the Whatcom
County conservation district, the conservation
plan shall be sent, by the landowner, to
Whatcom County, who will maintain an
updated file of all conservation plans for public
inspection.
E. An approved conservation plan satisfies
all requirements under this chapter.
F. To remain valid, a conservation plan must
be reviewed and updated every five years to
insure adequate protection of critical areas.
(Ord. 95 -020 Exh. A 9.11).
Article X. Rivers and Streams
16.16.460 Purpose.
It is the purpose of this article to pursue the
following goal:
A. To recognize the beneficial functions of
streams, including wildlife and fisheries
habitat, water resource enhancement, open
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Ordinance #96 -017
space. (Ord. 95 -020 Exh. A 10.1).
2 16.16.470 Critical area - Rivers and
3 streams.
4 Rivers and streams are critical areas.
5 A. Rivers. Those areas where surface waters
6 produce a defined channel or bed and the mean
7 annual flow is 20 cubic feet per second or
8 greater.
9 B. Streams. Those areas where surface
10 waters produce a defined channel or bed and
11 the mean annual flow is under 20 cubic feet
12 per second. A defined channel or bed is an
13 area which demonstrates clear evidence of the
14 annual passage of water and includes, but is
15 not limited to, bedrock channels, gravel beds,
16 sand and silt beds, and defined - channel swales.
17 The channel or bed need not contain water
18 year- round. This definition includes drainage
19 ditches or other artificial water courses where
20 there is evidence of significant commercial,
21 game, or sport fish populations and that were
22 natural streams prior to human alteration or
23 replaced natural streams with the construction
`4 of the artificial watercourse.
L5 C. All rivers and streams shall be designated
26 as-Type 1 through 5 waters in accordance with
27 the criteria set forth in Appendix E. River or
28 stream segments that meet the criteria for more
29 than one type shall be classified the lowest
30 numerical type. (Ord. 95 -020 Exh. A 10.2).
31 16.16.480 Permit exemptions.
32 A. The following uses within a river or
33 stream and its buffer are exempt from the
34 requirements of this article; provided that,
35 adverse impacts are minimized, hydrology is
36 not altered and disturbed areas are immediately
37 restored:
38 1. Conservation or preservation of soil,
39 water, vegetation, fish, shellfish, and other
40 wildlife;
41 2. Low impact activities such as hiking,
42 canoeing, viewing, nature study, photography,
43 hunting and fishing;
44 3. The harvesting of wild crops in a
46 manner that is not injurious to natural
Critical Areas
May 20, 1996
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;
4. The nonchemical maintenance (but not
construction) of drainage ditches and other
constructed storm water management facilities;
5. Low impact education or scientific
research;
6. Navigation aids and boundary markers;
7. Boat mooring buoys;
8. Low impact site investigative work
necessary for land use application submittals
such as surveys, soil logs, percolation tests and
other related activities;
9. River gravel bar extractions within the
jurisdiction of the shoreline management
program;
10. Pesticide or fertilizer application
applied by applicators licensed by the
Washington State Department of Agriculture;
11. Normal maintenance and repair of
lawfully located existing serviceable structures,
roads, railroads, utilities, improved areas or
facilities;
12. Minor modification of lawfully located
existing serviceable structures, facilities,
utilities, or improved areas;
13. Removal or destruction of noxious
weeds, as listed in Chapter 16 -750 WAC;
14. 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;
15. Pesticide or fertilizer application;
16. Construction of structures not subject
to development permit requirements which is
designed solely for the personal use of the
property owner.
17. Clearing of buffer area for physical
access, aesthetic and view purposes provided
that:
a. Only single - family homeowners on
parcels within rural, agriculture, or forestry
zoning districts may use this exemption.
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Ordinance #96 -017
b. Clearing is limited to 20 linear feet per
100 linear feet to a maximum of 40 linear feet
of buffer area.
c. Clearing may only extend to the
ordinary high water mark.
d. Clearing shall not take place without
full mitigation where clear evidence exists that
establishes the presence of Fish, Shellfish, or
Wildlife Habitat Conservation Areas.
e. This exemption does not apply to
erosional or geo- unstable banks or unstable
channels subject to meander or division.
B. The following uses are exempt from the
permit requirements of this article when
located in the buffer area of a river or stream;
provided that hydrology is not altered and
disturbed areas are immediately restored:
1. 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 water and
sewer lines, power, petroleum and telephone
lines. (Ord. 95 -020 Exh. A 10.3).
25 16.16.490 Relationship to other
26 jurisdictional agencies. -
27 A. In cases where other agencies exert
28 jurisdictional control over critical areas
29 including, but not limited to, the United States
30 Army Corps of Engineers, the Lummi Indian
31 Nation trust land, the Nooksack Tribe trust
32 land, the United States Fish and Wildlife
33 Service, the Environmental Protection Agency,
34 or the Washington State Departments of
35 Fisheries,: Wildlife, and Ecology; and it is
36 determined by the county that the permit
37 conditions satisfy the requirements of this
38 chapter; the county shall allow requirements
39 imposed by any of these jurisdictions to
40 substitute for the requirements of this chapter.
41 The county's decision shall be in writing and
42 mailed to the - applicant.
43 B. When development falls within the
44 jurisdiction of the shoreline management
45 program, the buffers required under this
46 chapter shall not exceed the shore setbacks of
47 the shoreline management program. (Ord.
Critical Areas
May 20, 1996
95 -020 Exh. A 10.4).
16.16.500 Regulatory requirements.
A. There shall be no activity allowed within
a stream or its buffer without authorization
unless specifically exempted or otherwise
allowed by this chapter.
B. Buffer Requirements:
1. Buffers shall be established by the
County through an on -site assessment method.
When no compelling evidence exist otherwise,
rivers and streams shall be protected on both
sides by a default buffer as follows:
a. Type 1 Water: Buffers subject to SMP
regulations shall be 50% of the setback
established with each Shoreline Area
Designation;
b. Type 2 Water: 50 ft.;
c. Type 3 Water: 50 ft.;
d. Type 4 Water: 5 ft.;
e. Type 5 Water: 5 ft.
2. A project proposal shall not result in
significant degradation to the physical,
chemical or biological integrity of a stream.
The County may adjust the buffer widths and
use restrictions. necessary to allow a project to
take place while maintaining the ecological
integrity of the stream. The Whatcom County
Quantitative Rating System - established in
16.16.500(C), shall be utilized to assist in-
making such buffer width determinations.
3. Until such time that the County adopts a
functional rating system, the County will use
the following criteria as guidelines in making
buffer determinations:
a. On a case by case basis, the county
may require increased buffer widths as a
permit condition when a larger buffer is
necessary to protect stream functions. This
determination may be made when at least one
of the following apply:
L The adjacent slopes are susceptible
to severe erosion and erosion control measures
will not effectively prevent degradation to
water quality; or
ii. A larger buffer is necessary to
maintain relatively constant annual water
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
flows; or
iii. Clear evidence exists that
establishes the presences of critical fish or
wildlife habitat areas as indicated in Articles
XI and XII of these regulations; or
iv. The channel is unstable and subject
to meander or diversion; or
v. The proposed land use has a high
percentage of impervious surface that is likely
to result in pollution or higher volumes of
storm water drainage into the adjacent stream.
b. On a case by case basis, the county
may reduce the standard river or stream buffer
widths where it can be clearly demonstrated by
the applicant that relatively small buffers will
not disturb the ecological integrity of the
stream. This determination may be made
when at least one of the following apply:
L It can be clearly demonstrated the
following functions will not be significantly
diminished as a result of the activity:
• Streambank stabilization;
• Filtration of suspended solid, nutrients,
and harmful or toxic substances;
* Stabilization of riparian system
microclimates;
• Habitat for fish and wildlife;
• Moderation of annual water flow; or,
ii. The project includes a buffer
enhancement plan that provides for the
reestablishment of riparian vegetation when the
existing riparian corridor has been degraded.
The applicant must clearly prove that an
enhanced buffer will provide additional
protection for the stream.
4. Buffers shall remain naturally vegetated
except where the vegetation has been.invaded
by noxious weeds or would substantially
benefit from the increased diversity of native
species; or where the natural buffer can be
enhanced for habitat, _bank stabilization or
water quality purposes.
5. All buffers shall be measured
horizontally from the ordinary high water
mark; provided that, on erosional or otherwise
geologically unstable banks exceeding 10 feet
in height and sloping at more than 60 percent
gradient, -such buffers shall be measured from
Critical Areas
May 20, 1996
the bank rim or crest of such slope.
C. The County shall develop a quantitative
rating system to assist the Technical
Administrator in making site specific buffer
determinations. The County shall use the
criteria established in WCC 16.16.500(B)(3) as
the regulatory basis for such a rating system.
The rating system shall incorporate the best
available science related to stream protection.
D. Activity may be permitted within a
river /stream and their buffers when the
following conditions are met:
1. The activity will result in minimum
adverse impacts to the river /stream including
its topography, vegetation, and fish and
wildlife resources;
2. The activity will not cause significant
degradation of ground water or surface water
quality. (Ord. 95 -020 Exh. A 10:5):
16.16.510 Agriculture restrictions - Rivers
and streams.
A. Notwithstanding all other provisions in
this chapter, agriculture activities may be
conducted on agricultural land within regulated
rivers /streams or their buffer upon:
1. Submission of a conservation plan
approved by the Whatcom County
conservation district; and
2. Conformance with the soil conservation
minimum standards and specifications.
B. 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 county.
C. 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 Department 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
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
taken within 30 days, the conservation plan
shall be deemed approved.
D. Upon approval from the Whatcom
County conservation district, the 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.
E. The approval of a conservation plan
satisfies all requirements under this chapter.
F. To remain valid, a conservation plan must
be reviewed and updated every five years to
insure adequate protection of critical areas.
(Ord. 95 -020 Exh. A 10.6).
Article XI. Fish & Shellfish Habitat
Conservation Areas
16.16.520 Purpose.
It is the purpose of this article to pursue the
following goals:
A. Ensure the continued existence, and
encourage enhancement of anadromous and
resident fish species and shellfish by protecting
and conserving valuable fish habitat.
B. Encourage the preservation of natural
stream functions that support fish-populations.
(Ord. 95 -020 Exh. A 11.1).
16.16.530 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:
A. 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.
B. 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:
1. Essential Habitat Utilized by Sensitive,
Threatened, Endangered, or Candidate
Critical Areas
May 20, 1996
Species. These species are listed under the
heading of listed species under the federal or
state Endangered Species Act.
2. Essential Habitat Utilized by Species of
Local Importance. Habitats for fish determined
to be of local importance which are essential
for their continued existence.
a. 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. 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.
b. The following fish are likely
candidates for the designation of fish of local .
importance:
i. Native Chinook Salmon; .
ii. Naturally Spawning Coho;
iii. Native Steelhead;
iv. Bull Trout;
v. Kokanee in Lake Whatcom and
Lake Samish;
vi. Native Chum Salmon;
vii. Longfin Smelt (Hooligans);
viii. White and Green Sturgeon;
ix. Sockeye Salmon;
x. Sea -run Cutthroat;
xi. Lake Whatcom Cutthroat;
xii. Pink Salmon.
3. Essential Habitats Supporting Critical
Life Stages. Those habitats supporting
anadromous and resident fish-during a life
stage that is critical to their life cycle.
C. 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):
1. Stream segments, ponds, and side
channels where spawning gravel is a limiting
factor to fish populations. The critical life
stage is spawning.
2. Wetlands, ponds, and side channels that
Page 30
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 are frequently used by anadromous and
2 resident fish. The critical life stage is
3 over - winter rearing and holding.
4 3. Estuarine habitat. The critical life stage
5 is juvenile rearing and smolting.
6 4. Near -shore lake habitats with suitable
7 substrate for spawning. The critical life stage
8 is spawning. (Ord. 95 -020 Exh. A 11.2).
9 16.16.540 Critical area - Shellfish Habitat
10 Conservation Areas (SHCA)
11 Shellfish Habitat Conservation Areas are
12 critical areas. All public and private tidelands
13 suitable for shellfish harvest shall be
14 designated as Shellfish Habitat Conservation
15 Areas pursuant to Chapter 365- 190 -80 WAC.
16 Any Shellfish Protection District created under
17 RCW 90.72 shall also be designated as a
18 Shellfish Habitat Conservation Area.
19 16.16.550 Regulatory Requirements
20 A. Evidence of fish populations and
21 proximity to Shellfish Habitat Conservation
22 Areas shall be a consideration in establishing
`3 stream and wetland buffers.
_4 B. A development proposal shall consider
25 the potential impact to fish and shellfish
26 populations prior to development.
27 C. In addition to the provisions established
28 in the Critical Areas Ordinance, the County
29 shall utilize the following programs,
30 regulations, and resources to insure long range
31 viability of fish and shellfish populations in
32 Whatcom County:
33 • Whatcom County Shorelines
34 Management Program;
35 • Whatcom County Stormwater
36 Management regulations and
37 standards;
38 • Whatcom County Clearing
39 Regulations and standards;
40 • Whatcom County On -Site Sewage
41 Disposal Permits (Septic Systems);
42 • -Whatcom County Sewer and Water
43 Management Plan
44 • Whatcom County Solid Waste .
45 Permits
Critical Areas
May 20, 1996
• Whatcom County Floodplain
Management Program (in progress)
• Drayton Harbor Shellfish Protection
District /program
• Silver Creek Watershed Management
Plan
• Tenmile Creek Watershed
Management Plan
• Kamm Creek Watershed
Management Plan
• Drayton Harbor Watershed
Management Plan
• Lake Whatcom Watershed
Management Plan
• Nooksack Salmon Enhancement
Association
• The Nooksack Initiative
• Washington State Hydraulic Project
permits;
• Washington State Pesticide
Applicator License requirements;
• Washington State Waste Discharge
Permits;
• Washington State Water Quality
Certification requirements (401);
• Washington State Forest Practices
Permits;
• NPDES and Statewide Discharge
Permits for animal feeding
operations;
• Federal Corps 404 Permits and
Section 10 permits.
• Summary Report, On -Site System
survey, Drayton Harbor Watershed -
May 1, 1995. Whatcom County
Health Department
• Shellfish Protection Through Land
Use Management, Department of
Ecology Publication, 92-44 -June
1992.
16.16.560 Locating and Designating Fish,
Shellfish and Wildlife Habitat Conservation
Areas (FHCA)(SHCA)(WHCA)
A. A Fish and Wildlife Advisory Committee
shall be selected by the Whatcom County
Council. The committee shall be identified as
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
the Whatcom County Fish and Wildlife
Advisory Committee.
1. The Whatcom County Fish and
Wildlife Advisory Committee shall have the
following responsibilities:
a. Clearly define criteria for identifying
FHCAS, SHCAS and WHCAs;
b. Develop a clear methodology and
protocol for making FHCA, SHCA WHCA
determinations;
c. Inventory Whatcom County and
recommend locations that fit the criteria for
FHCAs, SHCAs and WHCAs;
d.. Developing and recommend
permanent management tools that help protect
FHCAs, SHCAs and WHCAs.
2. The Fish and Wildlife Advisory
Committee shall issue a report that
communicates its findings and
recommendations. The Advisory Committee
shall present these findings to the County
Council prior to approval of the
Comprehensive Plan. The Whatcom County
Planning and Development Services
Department shall assist the Advisory
Committee in fulfilling its responsibilities
under this ordinance.
3. In developing its management
recommendations, the Fish and Wildlife
Advisory Committee shall be guided by Article
XI and XII and appropriate provisions of the
Comprehensive Plan as the Plan is developed
and approved by the Council.
Article XII. Wildlife Habitat
Conservation Areas
Purpose.
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 the purpose of this article to
Critical Areas
May 20, 1996
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 maintain the natural geographic
distribution of critical wildlife habitat.
C. To maintain the components necessary for
the health and maintenance of a viable wildlife
population over time. (Ord. 95 -020 Exh. A
12.1).
16.16.580 Critical area - Wildlife habitat
conservation areas.
A. Wildlife habitat conservation areas
support critical wildlife and are therefore
critical areas.
B. The following are wildlife habitat
conservation areas:
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. 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. These
areas include habitat associated with federally
or state listed endangered, threatened, sensitive
or candidate species and species of local
importance; or
3. 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. (Ord. 95 -020 Exh. A 12.2).
16.16.590 Permit exemptions.
The following uses within a wildlife habitat
conservation area are exempt from the
requirements of this article; provided that,
adverse impacts are minimized and disturbed
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Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
areas are immediately restored:
A. Conservation or preservation of soil,
water, vegetation, fish, shellfish, and other
wildlife;
B. Low impact activities such as hiking,
canoeing, viewing, nature study, photography,
hunting and fishing;
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 nonchemical maintenance (but not
construction) of drainage ditches and other
constructed storm water management facilities;
E. Low impact education or scientific
research;
F. Navigation aid's 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
and utilities, including such utilities as water
and sewer lines, power, petroleum and
telephone lines;
J. Construction, repair or remodel of
single - family dwelling units;
K. Pesticide application applied by
applicators licensed by the Washington State
Department of Agriculture;
L. Minor modification of lawfully located
existing serviceable structures, facilities,
utilities or improved areas;
M. Removal or destruction of noxious
weeds, as listed in Chapter 16 -750 WAC;
N. 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;
Critical Areas
May 20, 1996
O. Construction of structures not subject to
development permit requirements which are
designed solely for the personal use of the
property owner. (Ord. 95 -020 Exh. A 12.3).
16.16.600 Relationship to other
jurisdictional agencies.
In cases where other agencies exert
jurisdictional control over critical areas
including, but not limited to, the United States
Army Corps of Engineers, the Lummi Indian
Nation trust land, the Nooksack Tribe trust
land, 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 county that the permit
conditions satisfy the requirements of this
chapter; the county shall allow requirements
imposed by any of these jurisdictions to
substitute for the requirements of this chapter.
The county's decision shall be in writing and
mailed to the applicant. (Ord. 95 -020 Exh. A
12.4).
16.16.610 Regulatory requirements.
Activities may be permitted within a wildlife
habitat conservation area subject to conditions
designed to protect habitat from adverse
impacts. Such-conditions may include
establishment of a reasonable buffer. The
county 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 county
may approve development if it presents no
serious risk of significant adverse impact or
isolation of a wildlife habitat conservation
area. (Ord. 95 -020 Exh. A 12.5).
16.16.620 Locating and Designating Wildlife
Habitat Conservation Areas (WHCA)
A. A Fish and Wildlife Advisory Committee
shall be selected by the Whatcom County
Council. The committee shall be identified as
the Whatcom County Fish and Wildlife
Advisory Committee.
1. The Whatcom County Fish and
Page 33
Attachment A - Chapter 16.16 WCC
Ordinance #96 -017
1 Wildlife Advisory Committee shall have the
2 following responsibilities:
3 a. Clearly define criteria for identifying
4 FHCAS, SHCAS and WHCAs;
5 b. Develop a clear methodology and
6 protocol for making FHCA, SHCA WHCA
7 determinations;
8 c. Inventory Whatcom County and
9 recommend locations that fit the criteria for
10 FHCAs, SHCAs and WHCAs;
11 d. Developing and recommend
12 permanent management tools that help protect
13 FHCAs, SHCAs and WHCAs.
14 2. The Fish and Wildlife Advisory
15 Committee shall issue a report that
16 communicates its findings and
17 recommendations. The Advisory Committee
18 shall present these findings to the County
19 Council prior to Approval of the
20 Comprehensive Plan. The Whatcom County
21 Planning and Development Services
22 Department shall assist the Advisory
23 Committee in fulfilling its responsibilities
24 under this ordinance.
25 3. In developing its management
26 recommendations, the Fish and Wildlife
27 Advisory Committee shall be, guided by Article
28 XI and XII and appropriate provisions of the
29 Comprehensive Plan as the Plan is developed
30 and approved by the Council.
Page 34
Critical Areas
May 20, 1996
APPENDIX A
Aquifer Recharge Rating System
`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:
Q.1. Does the project include any sources of groundwater contamination as listed in Appendix B?
Yes: go to Q.2.
No: A
supplement
(SEPA checklist)
is not required.
Q.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
Yes: 1
aggregated soil map; if scale too small, refer to HSG designations in published Soil Conservation
No: 0
Service Soil Survey. HSG's shown on reference list.)
2b. Is the location in either of the following geologic units: Sumas Outwash, or Nooksack River
Yes: 1
Floodplain Alluvium? (Refer to map overlay based on Geologic Map of Western Whatcom County,
No: 0
Washington; Easterbrook, 1976; Misch, 1966; Moen, 1963.)
2c. Do more than half of the well logs within one mile radius show an initial static water level of less
Yes: 1
than 50' below ground surface? (Refer to Planning Dept. Well Log Database. If questions arise,
No: 0
consult hard copy version of well logs at Health Dept.)
2d. Does the top 50' of subsurface consist of high - permeability materials in which it is not likely that
Yes: 1
there is 6' of poorly permeable strata? (Refer to Planning Dept. Well Log Database. If questions arise,
No: 0
consult hard copy version of well logs at Health Dpt.) [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 ?]
Q.3. Is there adequate* well log data to make a decision on 2c and 2d? (* "Adequate" means there is
Yes: go to Q.3a
at least one well within 'h mile, in the same geologic unit, that has complete information on the relevant
well characteristics.)
No: go to Q.3c
3a Do points in 2a through d total 1?
Yes: go to Q.4.
No: go to Q.3b
3b Do points in 2a through d total 2 through 4?
Yes: go to Q.S.
3c Are points in 2a and 2b equal to 0?
Yes: go to Q.4.
No: go to Q.3d
3d Are points in 2a and 2b equal to 1 or 2?
Yes: go to Q.S.
Q.4. Project considered to be in an area of low susceptibility to contamination of the aquifer. No Supplement (SEPA
checklist) required.
Q.S. Project considered to be in an area of high susceptibility to contamination of the aquifer. A Supplement (SEPA
checklist) required.
Page- 35
APPENDIX B
Sources of Groundwater Contamination
and Associated Contacts for Technical Expertise
Following is a list of potential sources which may contribute to groundwater 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 I - 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
Page -36
CATEGORY H - 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.
Page37
CATEGORY III - Sources designed to retain substances during transport or transmission
SOURCE
CONTACT(S)
Pipelines
Department of Ecology (Water Rights)
Materials Transport and transfer operations
Department of Emergency Services
Local Health Department, Solid Waste
Department of Ecology
CATEGORY IV - Sources discharging substances as a consequence of other planned activities
SOURCE
CONTACT(S)
Irrigation practices
Department of Ecology (Water Rights)
Soil Conservation Service
Cooperative Extension
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
Page-38
CATEGORY V - Sources providing conduit or inducing discharge through altered flow patterns
SOURCE
CONTACT(S)
Wells
Surface Mining
Department of Ecology
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
SOURCE
CONTACT(S)
Saltwater Intrusion
Department of Ecology
Page 39
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.
Page 40
APPENDIX D
Whatcom County Wetlands Rating System
INTRODUCTION
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
'Pata 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.
Pago-41
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 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 office and /or field data forms are completed enter Category here:
ANSWER ALL QUESTIONS BELOW. If the source agency identifies
DATA
CATEGORY
the wetland as satisfying any of the questions below, circle the category in
SOURC
(the highest qualifies)
"CATEGORY" column.
E
Does the wetland contain individuals of Federal or State - listed Threatened
DNR
Yes: Category I
or Endangered plant species; or is the wetland an historic location of a
(Natural
No:Next Question
plant species thought to be possibly Extinct or Extirpated from
Heritage
Washington?
)
Does the wetland contain documented habitats for State - listed or candidate
W D
Yes: Category I
Threatened or Endangered wildlife species managed by the Washington.
Wildlife
No:Next Question
Department of Wildlife?
Does the wetland contain documented habitats of State or Federally listed
W D
Yes: Category I
or State or Federal candidate Threatened or Endangered fish species, or
Wildlife
No:Next Question
races of fish, managed by the Washington Department of Wildlife or the
& W D
Washington Department of Fisheries?
Fisherie
s
Is the wetland already on record with the Washington Natural Heritage
DNR
Yes: Category I
Program as a high quality native wetland?
(Natural
No:Next Question
Heritage
Is the wetland documented as Category I Wetland of Local Significance?
Local
Yes: Category I
Govt.
No:Next Question
Does the wetland contain individuals of State - listed Sensitive plant species?
DNR
Yes: Category II
(Natural
No:Next Question
_
Heritage
Does the wetland contain documented habitat for State - listed or candidate
W D
Yes: Category II
sensitive wildlife species managed by the Washington Department of
Wildlife
No:Next Question
Wildlife?
Page -42
Does the wetland contain documented habitats of State or Federally listed
W D
Yes: Category II
or candidate Sensitive fish species managed by the Washington Department
Wildlife
No:Next Question
of Wildlife or the Washington Department of Fisheries?
& W D
Site visit: USGS Topo Map: NWI map: Aerial Photo:
Soils survey:
Fisherie
WHEN THE FIELD DATA FORM IS COMPLETE ENTER CATEGORY HERE:
s
Does the wetland contain documented habitat for salmonids?
W D
Yes: Category II
Fisherie
No: Go to Wetlands Rating
la. Is there significant evidence of human- caused changes to topography or
s
Field Data Form.
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 la, lb and lc are all NO, contact the Natural Heritage program of DNR.
la. Is there significant evidence of human- caused changes to topography or
Yes: go to Q.3.
hydrology of the wetland? Significant changes could include clearing, grading, filling,
No: go to lb.
logging of the wetland or its immediate buffer, or culverts, ditches, dredging, diking
or drainage of the wetland.
lb. Are there populations of non - native plants which are currently present and appear
Yes: go to Q.3.
to be invading native populations?
No: go to lc.
lc. Is there significant evidence of human- caused disturbance of the water quality of
Yes: go to Q.3.
the system? Degradation of water quality could be evidenced by culverts entering the
No: Possible Category I
system, direct road /parking lot runoff, evidence of historic dumping of wastes, oily
sheens, extreme euirophic conditions, livestock use or dead fish etc.
Page-43
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.
3a. Peat Wetlands.
3al. Does at least 1/2 acre of the peat wetland have greater than 75% cover of living
Yes: Category I
sphagnum?
No: go to 3a2.
3a2. Does at least 1/2 acre of the peat wetland have between 24% and 75% cover of
Yes: Category II
living sphagnum?
No: go to 3a3.
3al. Is the peat wetland at least 1/.2 acre and has <25% areal cover of any
Yes: Category II
invasive /non- native plant species, and has < 80% areal cover of Spirea douglasii?
No: go to Q.4.
3b. Mature Forested Wetlands.
3bl. Is at least 50% of the tree canopy coverage conifers over 80 years in age and /or
Yes: Category I
deciduous trees over 50 years in age?
No: go to 3b2.
3b2. Is at least 50% of the tree canopy coverage 40 -80 years in age, and is the
Yes: Category II
structural diversity high as characterized by a multi -layer community of trees > 50'
No: go to Q.5.
tall and trees 20' -49' tall and shrubs and herbaceous groundcover?
Page- 44
3c. Estuarine Wetlands.
3cl. Is the wetland listed as National Wildlife Refuge, National Park, National
Yes: Category I
Estuary Reserve, Natural Area Preserve, State Park, or Educational, Environmental or
No: go to 3c2.
Scientific Reserves designated under WAC 332 -30 -151?
3c2. Is the wetland > 5 acres;
Yes: Category I
No: go to 36.
36. Does the wetland meet at least 3 of the following 4 criteria:
Yes: Category I
- minimum existing evidence of human related disturbance such as diking, ditching,
No: Category I
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.
Q.4. Category IV wetlands.
4.1. Is the wetland: less than 5 acres and,
Yes: Category IV
hydrologically isolated and,
No: go to Q.5.
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,
Yes: Category IV
hydrologically isolated and, .
No: go to Q.5.
not providing a significant aquifer recharge function and,
not providing critical wildlife habitat and,
dominated by (> 80% areal cover) of non - native /invasive species?
Q.5. Significant habitat value. Answer all questions and enter data requested.
Circle scores
that qualify
5a. Total wetland area
acres
> 20.00
Yes = 6
Estimate area, select from choices in the near -right column, and
10- 19.99
Yes =5
score in the far column:
5 -9.99
Yes =4
1 -4.99
Yes =3
Enter acreage of wetland here: acres, and source:
0.1-0.99
Yes =2
<0.1
Yes =1
Page-45
5b. Wetland classes: Circle the wetland classes below that qualify:
# of classes
1.......
Yes =1
Open Water: if the area of open water is > 1/2 acre or > 10% of
Yes =3
the total wetland area. Source:
2 ......
Yes =5
..3....
Yes =7
Aquatic Beds: if the area of aquatic beds > 10% of the open water
.... 4...
Yes =10
area or > 1/2 acre.
...... 5
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
Class
# of species
diversi
For all wetland classes (at
Yes. =1
right) that qualify in 5b.
Aquatic bed
1 -2...
Yes =2
above, count the number of
Aquatic bed
3...
Yes =3
different plant species you
Aquatic bed
>3 ...
can find. You do not have
Yes= 1
to name them.
Emergent
1 -2...
Yes= 2
Emergent
3-4...
Yes= 3
Score in column at far right:
Emergent
>4 ...
Yes =1
e.g. If a wetland has an
Scub -Shrub
1 -2...
Yes =2
aquatic bed class with 3
Scub -Shrub
3-4...
Yes =3
species, an emergent class
Scub -Shrub
> 4...
with 4 species and a scrub-
Yes =1
shrub class with 2 species
Forested
1 -2...
Yes =2
you would circle 2, 2, and 1
Forested
3 -4...
Yes =3
in the far column.
Forested
> 4...
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
Page, 46
5e. Decide from the diagrams below whether interspersion between wetland classes High =3
is high, moderate, low or none? Mod. =2
Low =1
None =O
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'? ................. I 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)? ........... I Yes =1
Are there at least 3 downed logs per acre ? ................ I Yes =1
59. 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
5h. Buffers
STEP 2
Multiply
STEP 1
result(s) of
Estimate (to the nearest 5 %) the % of each buffer or land -use type
step 1:
(below) that adjoins the wetland boundary.
by 1, if
buffer
Then multiply the %/s by the factor(s)
width is
below and enter result in column to right:
25 -50';
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
Page -47
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 >
Yes =5
100' wide with good forest or shrub cover to any other habitat 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
NOW: Add the scores circled (for Q.Sa - Q.Si above) to get a Total...
Yes:Cat.II
Is the Total greater than or equal to 35 points ?............
No:Cat.III
Total =
Page-48
APPENDIX E
Water Categories
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.
"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.
"Type 2 Water" shall mean segments of natural waters which are not classified as Type 1 water and have a high use and
are important from a water quality standpoint. Classification shall be applied to segments of natural waters which:
1) 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;
2) 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;
3) 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.
"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:
1) 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;
2) 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.
(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.
3) 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.
4) 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.
"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.
"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.
Page 49
APPENDIX F
Non - Native Plants*
The following list includes non - native plants found in this region. The region includes Whatcom, Skagit, Snohomish, San
Juan, and Island counties.
COMMON NAME SCIENTIFIC NAME
alfalfa
Medicago sativa
barnyard grass
Echinochloa crusgalli
bean- caper, Syrian
Zygophyllum fabago
bindweed
Convolvulus spp.
birdsfoot trefoil
Lotus corniculatus
blackberry, Himalayan
Rubus laciniatus
blackberry
Rubus discolor, R. vestitus, R. macrophyllus
blackgrass
Alopecurus myosuroides
bluegrass
Poa compressa, P. palustris, P. pratensis
blueweed
Echium vulgare
blueweed, Texas
Helianthus ciliaris
broom, Scotch
Cytisus scoparius
bromes
Bromus tectorum, B. rigidus, B. brizaeformis, B. secalinus, B.
japonicus, B. mollis, B. commutatus, B. "inermis, B. erectus
bryony, white
Bryonia alba
bugloss, annual
Anchusa arvensis
bugloss, common
Anchusa officinalis
buffalobur
Solanum rostratum
burdock
Arctium minus
buttercup
Ranunculus repens
camelthorn
Alhagi pseudalhagi
canary grass, reed
Phalaris arundinacea
cinquefoil, sulphur
Potentilla recta
clovers
Trifolium dubium, T. pratense, T. repens, T. arvense, T.
subterraneum, T. hybridum
cordgrass, common
Spartina anglica
cordgrass, salt meadow
Spartina patens
cordgrass, smooth -
Spartina alterniflora
crabgrass
Digitaria sanguinalis
creeping buttercup
Ranunculus repens
crupina, common
Crupina vulgaris
deadnettle, hybrid
Lamium hybridum
dogtail
Cynosurus cristatus, C. echinatus
elodea, Brazilian
Egeria densa
fescue
Festuca arundinacea, F. pratensis
fieldcress, Austrian
Rorippa austriaca
four o'clock wild
Mirabilis nyctaginea
foxtail barley
Hordeum jubatum
goatgrass, jointed
Aegilops cylindrica
gorse
Wax europaeus
green bristlegrass _
Setaria viridis
hawkweed, yellow
Hieracium pratense
hawkweed, mouseear
Hieracium pilosella
hawkweed, orange
Hieracium aurantiacum
hedge parsley
Torilis arvensis
hogweed, giant
Heracleum mantegazzianum
indigobush
Amorpha fruticosa
ivy, ground
Glecoma hederacea
Page - 50
COMMON NAME
johnsongrass
knapweed, bighead
knapweed, black
knapweed, brown
knapweed, diffuse
knapweed, meadow
knapweed, Russian
knapweed, spotted
knapweed, Vochin
knapweeds
knotweed, Japanese
Knotweeds,
kochia
lepyrodiclis
loosestrife, garden
loosestrife, purple
loosestrife, wand
mallow, Venice
meadow foxtail
nightshade, bitter
nightshade, silverleaf
nutsedge, yellow
orchardgrass
oxtongue, hawkweed
peganum
parrot feather
pepperweed, perennial
pineapple weed
poison - hemlock
purple loosestrife
quackgrass
ragwort, tansy
reed
reed canary grass
russian olive
ryegrass
sage Mediterranean
saltcedar
sandbur, longspine
scot's broom
skeletonweed, rush
soft rush
sowthistle, perennial
spurge, leafy
spurge ,
St. Johnswort, common
starthistle, yellow
starthistle, purple
Swainson pea
sweet clover
tansy, common
teasel
thistle, bull
SCIENTIFIC NAME
Sorghum halepense
Centaurea macrocephala
Centaurea nigra
Centaurea jacea
Centaurea diffusa
Centaureajacea x nigra
Acroptilon repens
Centaurea maculosa
Centaurea nigrescens
Centaurea solstitialis, C.
Polygonum cuspidatum
Polygonum aviculare, P.
persicaria
Kochia scoparia
Lepyrodiclis holsteoides
cyanus
convolvulus,P. lapathifolium, P.
Lysmachia vulgaris
Lythrum salicaria
Lythrum virgatum
Hibiscus trionum
Alopecurus pratensis, A. aequalis
Solanum dulcamara
Solanum elaegnifolium
Cyperus esculentus
Dactylis glomerata
Picris hieracioides
Peganum harmala
Myriophyllum brasiliense
Lepidium latifolium
Matricaria matricarioides
Conium maculatum
Lythrum salicaria
Agropyron repens
Senecio jacobaea
Phragmites communis
Phalaris arundinaceae
Elaeagnus augustifolia
Lolium perenne, L. multiflorum,
L. temulentum
Salvia aethiopsis
Tamarix sp.
Cenchrus longispinus
Cytisus scoparius
Chondrilla juncea
Juncus effusus
Sonchus arvensis arvensis
Euphorbia esula
Euphorbia peplus
Hypericum perforatum
Centaurea solstitialis
Centaurea calcitrapa
Sphaerophysa salsula
Wilms alba, M. officinalis
Tanacetum vulgare
Dipsacus sylvestris
Cirsium vulgare
Page -51
COMMON NAME SCIENTIFIC NAME
thistle, Canada
Cirsium arvense
thistle, Italian
Carduus pycnocephalus
thistle, milk
Silybum marianum
thistle, musk
Carduus nutans
thistle, plumeless
Carduus acanthoides
thistle, Russian
Salsola kali
thistle, Scotch
Onopordum acanthium
thistle, slenderflower
Carduus tenuflorus
timothy
Phleum pratense
toadflax, Dalmatian
Linaria genistifolia
spp. dalmatia
tumblemustard
Sisymbrium altissimum, S. loeselii, S.
officinale
unicorn-plant
Proboscidea louisianica
velvetleaf
Abutilon theophrasti
velvet grass
Holcus lanatus, H. mollis
watermilfoil, eurasian
Myriophyllum spicatum
woad, dyers
Isatis tinctoria
Cultivated species
barley, corn, rye, wheat, etc.
* Non - native plants: Species that are not indigenous to this region or area.
Sources
Restoring Wetlands In Washington (April 1993, Publication #93 -17)
Washington State Wetlands Rating System for Western Washington, Washington State Department of Ecology, October 1991,
Publication #91 -57
Northwest Weeds: The Ugly and Beautiful Villains of Fields, Gardens,
and Roadsides (1990) Ronald J. Taylor
Whatcom County Noxious Weed List (1995)
Personal Communication: Florence Caplow (Botanist, Calypso Consulting)
Personal Communication: Laurel Baldwin ( Whatcom County Noxious Weed Control Board, Weed
Control Supervisor)
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