Ordinance 3457-15 - Laserfiche WebLink

a. The city may allow wetland mitigation banking in lieu of other forms of wetland impact mitigation when the mitigation site being used for the credit allowed pursuant to this section is either a wetland created from a site which was previously nonwetland, a wetland of lesser size or functional value than the wetland being altered, or where the mitigation bank site substantially increases wetland functions in the watershed within which it is located. Under the wetland mitigation banking process, alteration of a wetland on the development site shall occur only when the created or enhanced wetland is successfully functioning in accordance with an approved wetland mitigation plan. The created or enhanced wetland shall have a higher wetland function rating than that being altered. In evaluating a wetland mitigation banking proposal, the planning director shall determine the amount of credit given for mitigation banking using the ratios described in subsection C.5 of this section as a guide. The amount of credit will be dependent upon the functions of the wetland being altered and the wetland being used for mitigation banking. The city, using the review process described in EMC Title 15, Local Project Review Procedures, may allow wetland mitigation banking under the following circumstances: i. When alteration is allowed pursuant to the "reasonable use" exception as provided in Section 37.050.13 of this chapter; ii. When alteration is allowed for a water -dependent or water -related use; iii. When on-site or off-site mitigation in the immediate vicinity of the project is not reasonable; iv. When the wetland being altered is of a lower quality and has lesser functions than the wetland which is being used for the mitigation banking. b. Wetland mitigation banks may be approved under the provisions of Chapter 173-700 WAC. For any wetland mitigation bank certified under Chapter 173-700 WAC, credits from a wetland bank may be approved for use as compensation for unavoidable impacts to wetlands when: i. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts. ii. The proposed use of credits is consistent with the terms and conditions of the bank's certification. iii. Replacement ratios for projects using bank credits shall be consistent with the terms and conditions of the bank's certification. iv. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. 13. In -Lieu Fee Mitigation. In -lieu fee (ILF) mitigation is a program involving the restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a program sponsor to satisfy compensatory mitigation requirements for unavoidable impacts to wetlands and other aquatic resources. Per federal rule, sponsorship of ILF programs is limited to governmental, tribal, or non-profit natural resource management entities. Similar to a wetland mitigation bank, an ILF program sells credits to permittees whose unavoidable impacts occur within a specified geographic area (service area). When credits are purchased from the ILF program, the permittee's obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The sponsor is then required to implement mitigation within a specified 19