Ordinance 2859-05 - Laserfiche WebLink

the natural design of the proposed facility and does not interfere with wildlife passages or adversely impact biological functions of the buffer or the adjacent critical area. iii. The facilities must include a buffer enhancement and management plan that would improve the functional performance of the buffer and associated critical area. iv. The location of such facilities will result in no net loss of wetland ecological functions. For Category II, III, and IV wetlands and streams, the Planning Director may grant an exception to the outer 25% limitation when the applicant demonstrates that the project would significantly increase wetland or stream function. SECTION 14: Compensatory Wetland Mitigation Regulation 35 in Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended, which was codified in EMC I9.33D.090.A.35, and which currently reads as follows: SEWIP Regulations When compensatory wetland mitigation is required for development in the estuary, the applicant must comply with the following regulations unless an alternative that provides equal or greater compensation is approved by state and federal resource agencies. A. SEWIP Salmon Overlay Exception for Maulsby Mudflats: The compensation ratios in Regulations 35.A. 3, 6, and 7, however, will not apply to the Maulsby Mudflats due to the high natural resource value of the mudflats and the higher uncertainty of successfully mitigating impacts to this site. Compensation ratios for development at that site will be determined at the time a development is proposed based upon specific mitigation proposals and input from appropriate state and federal agencies. 1. Unavoidable Impacts. Unavoidable adverse impacts to tidal habitat functions that result from loss of littoral habitat functions or area in the Snohomish River Estuary(including Port Gardner) shall be compensated by restoring or enhancing historic tidal aquatic habitat functions and littoral area in the estuary. Top priority is assigned to compensatory mitigation through tidal restoration in areas identified in the restoration plan (SO Section 6), and within the same EMU, where possible (Regulation 35.A.5). In cases where loss of function does not have an associated loss of littoral habitat area, mitigation can be provided in the form of restoration or enhancement of existing littoral habitat area, or by provision of new habitat area. 2. Mitigation Timing. Compensatory mitigation for unavoidable adverse impacts to tidal habitat functions shall be provided, either in advance of the impact or concurrently with the actions resulting in impact. (See Regulation 35.A.7 for a definition of concurrent mitigation.) No temporal lag shall occur between the time of loss of functions to the 28