BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 267 of 339 17B.05.020I Wetlands – compensatory mitigation. 1. Wetland Mitigation Sequencing: Proposed activities or uses that would impact wetlands must follow the mitigation sequencing requirement of KCC 17B.05.020B(2). Wetland impacts may be allowed when there is no reasonable alternative site design that would result in less adverse impact to a wetland or its buffer. Activities and uses within Category I wetlands shall be limited to the following: a. An existing public facility that must be expanded or extended into the wetland; b. Utility construction or maintenance, where there is no other site that can serve the utility’s function; or c. Development associated with an approved variance that allows the impact. 2. Compensatory mitigation requirement: Compensatory mitigation is required for all alterations to wetlands or their buffers, except for buffer averaging when done in accordance with this Section. 3. Preference of mitigation actions: Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: a. Restoring and/or rehabilitating filled or altered wetlands to their original or near-original condition. b. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is being designed. c. Enhancing significantly degraded wetlands in combination with restoration or creation. 4. Mitigation for lost or affected functions: Compensatory mitigation actions shall replace functions affected by the alteration and shall provide equal or greater functions compared to the impacted wetland. 5. Mitigation timing: Mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. 6. Delay in mitigation: The Administrator may authorize a one-time temporary delay, up to one hundred eighty (180) days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints which preclude implementation of the mitigation plan. The justification must be verified and approved by the County and include a financial guarantee. 7. Mitigation ratios for wetland impacts: Mitigation ratios shall be used when impacts to wetlands cannot be avoided, as specified in the Table at KCC 17B.05.020I-1. The first number specifies the acreage of replacement wetlands, and the second specifies the acreage of wetlands altered. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater wetland functions. The ratios shall apply to mitigation that is in-kind, is on-site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to the use of credits from a certified wetland mitigation bank or ILF program. When credits from a certified bank or ILF program are used, replacement ratios should be consistent with the requirements of the bank’s/program’s certification.