HomeMy WebLinkAboutres1990-066Wt' 'TCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARAN ES' Initial Date Date Received in council office: A'enda Date: Assi ned To:
nriainatnr- Fxarni-iva b /[,/ dn - —1
SUBJECT.'
Interim policy on wetlanderegulations - resolution.
ATTACHMENTS. =
The resolution
Public Hearing Needed? Yes No/
SUMMARY STATEMENT•
The Planning Department is working on permanent wetland policies and regulations. There
is a need now, however,*for guidelines to be established to assist contractors, developers,
and the general public in processing of land permits, subdivisions, landfilling, etc. This
resolution is being introduced to provide those guidelines until the permanent policy.can
a put into place.
ORIGINATOR'S RECOMMENDED ACTION.•
- Pass
COMMITTEE ACTION (including dates):.*
COUNCIL ACTION (including dates):
9 -25 -90 Passed 4 -3 with Imhof, Vander Yacht and Jackson against
Related File Numbers:
Ordinance or Resolution Number. Res 90 -66
wedands.ms 9/21/90 SPONSORED BY: Consent
PROPOSED BY: Laidlaw
INTRODUCTION DATE: 9 -11 -90
RESOLUTION NO. 90 -66
RESOLUTION TO ESTABLISH WETLAND PROCEDURE TO BE USED UNTIL
SUCH TIME AS WHATCOM COUNTY HAS A WETLANDS ORDINANCE
WHEREAS, there is a need to provide assistance to the General Public, Contractors,
Developers and others in processing of land use permits, subdivisions, landfilling and
building permits; and
WHEREAS, the Executive at Council request is appointing a citizen's committee to
study sensitive areas, including wetlands; and
WHEREAS, the recently adopted Growth Management Act also requires critical
areas including wetlands be inventoried and regulated; and
WHEREAS, these efforts will take at least one year; and
WHEREAS, meanwhile the sole authority to issue any wetlands determinations lies
with the U.S. Army Corps of Engineers; and
WHEREAS, there is an urgent need to establish policies with respect to wetlands.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
attached procedures be adopted on an interim basis to be used until such time as a
permanent wetlands ordinance is adopted by the Whatcom County Council.
APPROVED this 25th day of September, 1990. .
WHATCOM COUNTY COUNCIL
ATTEST: WHATCO]A COUNTY, WASHINGTON
k� 1 2z:: � �-�
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Pros. Atty.
WETLANDS PROCEDURE
DEPARTTT OF PUBLIC WORKS
The Whatcom County Department of Public Works has a general policy
to defer to the U.S. Army Corps of Engineers in the identification
of wetlands and determinations as to applicability of federal
regulations for development on lands that may contain wetlands.
Because the general policy does not distinguish between development
or fill on wetlands from development on property that may contain
wetlands, it is in the best interest of the public to provide
guidelines to staff of Public Works in order to use some discretion
in referring applicants to the Corps of Engineers. Therefore the
following policies and procedures are developed:
1. All project files shall contain a copy of the relevant area map
of wetlands. We use the 1989 maps prepared by U.S. Department of
Interior, Fish and Wildlife Service. They are commonly known as the
wetlands inventory maps, or NWI maps.
2. The maps will be used by staff as the initial information about
the presence of wetlands on a subject property. IF WETLANDS OF ANY
TYPE APPEAR ON THE MAP FOR THE SUBJECT PROPERTY, WE WILL TAKE THAT
AS EVIDENCE OF WETLANDS.
3. If the NWI maps show no wetlands, staff will be alert to the
obvious evidence of wetlands when making site inspections, such as
STANDING WATER, CATTAILS, SKUNK CABBAGE, or other plants they may be
familiar with that oblige us to recognize wetlands.
4. In cases of projects that PROPOSE PHYSICAL DEVELOPMENT ON AREAS
that are mapped and /or obvious wetlands, staff shall issue the
"Corps Memo" to the applicant and advise them that we will take no
final action on the proposal until we see written evidence from the
Corps of Engineers that either they require no permit or that an
application has been filed.
5. A SEPA threshold determination will not be made in the case of
4., above, until we receive the written notice from the Corps.
6. In cases where the physical development or lot lines are
clearly not on wetlands and the Technical Committee has no reason to
believe that the call is even close, the applicant will not be
referred to the Corps of Engineers. We will proceed with technical
review of the application, but the Technical Committee may require
notes on drawings or written restrictions that prevent development
on or near the suspected wetlands.
1
The intent of the Department of Public Works is to allow normal
processing of applications if the applicant will commit to avoiding
wetlands by a large margin. That margin will be decided on a case
by case basis by the Technical Committee, the Deputy Director of
Public Works, or by the SEPA Official, as appropriate to the permit
being processed. Provided that in the Cordata Business Park, which
was approved by Whatcom County as a Planned Unit Development (PUD
1 -84), the wetland setbacks shall be as stipulated under the
approved PUD or in accordance with the Corps of Engineers
regulations as stipulated in Section 404 of the Clean Water Act of
1972.
7. In cases where the physical development or lot lines are close
to suspected wetlands (whether on the same property or adjacent
property), the Technical Committee and /or SEPA Official may use
limited discretion to allow the applicant to pursue alternatives as
follows:
A. The applicant may have a professional specialist identify
the wetland boundaries and type(s) of wetlands present. Upon
receipt of that report, the Technical Committee may find that the
wetlands are avoided by a large margin and proceed, or
B. The applicant may be referred to the Corps of Engineers
for a determination of the presence of wetlands, importance of the
wetlands, federal permits required, or exemption from permits.
8. In the case of subdivisions (both long and short plats) where
no lot lines fall on suspected wetlands, or there is a large margin
to areas of proposed developments such as roads and building sites,
the Technical Committee may proceed with review with notice to the
applicant that the short plat or final plat shall depict the
wetlands.
A. If a general area is identified by the marsh symbol with
no boundary line, the Technical Committee shall verify by site
inspection that the proposed developments on the property avoid the
wetlands by a large margin. In this case, the plat must clearly
show or state in a written note that the presence of wetlands is an
approximation.
B. If the applicant wishes to have more accuracy in the
mapping and avoid wetlands by a close margin, he has the option of
having a professional delineation of wetlands done and the
information supplied to the surveyor for inclusion on the plat. If
this is done, and the delineation is different than the NWI maps,
the more stringent of the identifications will be used in making a
decision regarding referral to the Corps of Engineers.
If development is on or near identified wetlands, follow
step 7.B, above.
2
9. Any development plan that shows a ditch, canal, or similar
feature across or adjacent to the property and that feature is shown
on the NWI maps to be any type of wetland (or is obviously a wetland
upon inspection by staff), the feature will be considered a wetland
where Technical Committee can use discretion, depending upon the
extent of development on or over the feature.
A. Road construction involving a culvert or bridge at a
single crossing may be considered inconsequential. River and stream
crossings requiring fill, rather than bridging, are significant
enough to require referral to the Corps of Engineers.
B. Road construction involving multiple crossings y be
referred to the Corps of Engineers if the cumulativeaee of
fill or culverting is of concern to the Technical CommittevPA
Official, or Administrator.
C. Complete filling, diverting, or culverting in place on
wetlands shall be treated the same as disturbance of other areas of
wetland, as in 7 above.
10. In the case of a road crossing near or over a wetland area, the
Technical Committee, SEPA Official, or Administrator may suggest
avoidance of the area. The alternative for the applicant would be a
professional delineation of wetlands and referral to the Corps of
Engineers.
11. When permits or approvals are issued by Whatcom County without
the benefit of Corps of Engineers involvement and advice on wetlands
(using discretion of the Technical Committee, SEPA Official, or
building official), applicants will be issued a disclaimer letter
advising that the permit is issued on the information submitted, and
any information later found to be false or misleading that would
have led to the involvement of the Corps of Engineers in our review
process may be cause to void the permit or approval. (The County
Civil Deputy Prosecuting Attorney has agreed to 'prepare that
letter.)
APPROVED: by
Date n R. Tyler
eputy Director
Department of Public -Works
2 /jm
3