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ORDINANCE Page 9 of 19 <br />1. Wetlands; <br />2. Riparian zones; <br />3. Marine/estuarine shorelines; <br />4. Urban natural open space. This includes areas that are not critical areas, but may <br />include parks and other deeded open space areas that are actively managed to protect <br />native plants and animals. <br />“Hazard tree” means any tree that poses a threat to public safety, or poses an imminent risk of <br />damage to private property. “Hazard tree” includes any tree that, under normal environmental <br />conditions or in windstorms common to the Pacific Northwest, is likely to cause damage to a <br />structure with frequent human use, including residential structures, a place of employment or <br />public assembly, and other similar places, or damage to an approved public road or utility <br />facility. <br />“Hillsides” means geological features on the landscape having slopes of fifteen percent or <br />greater. <br />“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing <br />season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be <br />determined following the methods described in the Federal Manual for Identifying and <br />Delineating Jurisdictional Wetlands. <br />“In-lieu fee (ILF) mitigation” means a program involving the restoration, establishment, <br />enhancement, and/or preservation of aquatic resources through funds paid to a program <br />sponsor to satisfy compensatory mitigation requirements for unavoidable impacts to wetlands <br />and other aquatic resources. Per federal rule, sponsorship of ILF programs is limited to <br />governmental, tribal, or nonprofit natural resource management entities. Similar to a wetland <br />mitigation bank, an ILF program sells credits to permittees whose unavoidable impacts occur <br />within a specified geographic area (service area). When credits are purchased from the ILF <br />program, the permittee’s obligation to provide compensatory mitigation is then transferred to <br />the ILF program sponsor. The sponsor is then required to implement mitigation within a <br />specified time frame, working with regulatory agencies to make sure impacts are fully mitigated. <br />ILF programs are approved by the U.S. Army Corps of Engineers and the Washington State <br />Department of Ecology. <br />“In-lieu fee (ILF) program” means an agreement between a regulatory agency (state, federal, or <br />local) and a single sponsor, generally a public natural resource agency or non-profit <br />organization. Under an in-lieu-fee agreement, the sponsor collects funds from individuals and/or <br />entities required to conduct compensatory mitigation under a wetland regulatory program. The <br />sponsor uses the funds pooled from multiple permittees to create one or more mitigation sites <br />under the authority of the agreement to satisfy the permittees’ required mitigation. <br />“Lake” means a natural or artificially created permanent body of water with an average depth of <br />six feet or greater and an area larger than twenty acres, as measured at the ordinary high water <br />mark.