ORD 2477 ORDINANCE NO ,
AN ORDINANCE adding a new Chapter 16 . 60 regulating
wetlands , adding a new Chapter 16 . 95 regulating fish and wildlife
habitat conservation areas , amending Section 16 . 50 . 070 by redefining
lands subject to critical area regulations , and repealing Sections
18 . 31 . 050 , 18 . 31 . 070 , and 18 . 31 . 080 of the Camas Municipal Code .
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS .
Section I
There is hereby added to the Camas Municipal Code a new chapter regulating wetlands ,
which chapter is set forth in Exhibit " A " , attached hereto and by this reference incorporated herein .
Section II
There is hereby added to the Camas Municipal Code a new chapter regulating fish and
wildlife habitat conservation areas , which chapter shall be in the form attached hereto as Exhibit
and by this reference incorporated herein .
Section III
Section 16 . 50 . 070 is amended to provide as follows :
16 . 50 . 070 Critical Areas - Regulated .
A . Critical areas regulated by this chapter include Wetlands ( CMC 16 . 60 ) ,
critical aquifer recharge areas ( CMC Chapter 16 . 70 ) , frequently flooded areas
( CMC Chapter 16 . 80 ) , geologically hazardous areas ( CMC Chapter 16 . 90 ) , and
Fish and Wildlife Habitat Conservation Areas ( CMC Chapter 16 . 95 ) .
B . All areas within the City meeting the definition of one or more critical area,
regardless of any formal identification , are designated critical areas and are
subject to these provisions .
Section IV
Section 18 . 31 . 050 , 18 . 31 . 070 , and 18 . 31 . 080 of the Camas Municipal Code are repealed .
Section V
This ordinance shall take force and be in effect five ( 5 ) days from and after its publication
according to law .
PASSED b the Council and APPROVED b the Mayor thi da of Januar 2007 .
y y Y y y�
. SIGNED :
Mayor
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ATTEST . .
Clerk
APPROV as o form :
I Ole,
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=� City" Attorne
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Exhibit " A "
Chapter 16 . 60 Wetlands
Sections :
16 . 60 . 010 Purpose , applicability and exemptions
16 . 60 . 020 Rating System
16 . 60 . 030 Critical area report — Additional requirements for wetlands
16 . 60 . 040 Standards
16 . 60 . 050 Wetland Permits
16 . 60 . 010 Purpose , applicability and exemptions
A . Purpose
1 . Wetlands constitute important natural resources which provide significant
environmental functions including : the control of flood waters , maintenance of
summer stream flows , filtration of pollutants , recharge of groundwater , and
provision of significant habitat areas for fish and wildlife . Uncontrolled urban -
density development in and adjacent to wetlands and designated buffer can
eliminate or significantly reduce the ability of wetlands to provide these important
functions , thereby detrimentally affecting public health , safety , and general
welfare .
2 . It is the purpose of this chapter to provide balanced wetland protection measures
which :
a . Further the goal of no net loss of wetland acreage and functions ;
b . Encourage restoration and enhancement of degraded and low quality
wetlands ,
c . Provide a greater level of protection for higher- quality wetlands ;
d . Maintain consistency with federal wetland protective measures ; and
e . Respect the rights of property owners by allowing reasonable use of property .
B . Applicability
1 . The provisions of this chapter apply to all lands , all land uses and development
activity , and all structures and facilities in the city , whether or not a permit or
permit authorization is required , and shall apply to every person , firm ,
partnership , corporation , group , governmental agency , or other entity that owns ,
leases , or administers land within the city . No person , company , agency , or
applicant shall alter a wetland or wetland buffer except as consistent with this
chapter .
2 . The city will not approve any permit or otherwise issue any authorization to alter
the condition of any land , water , or vegetation , or to construct or alter any
structure or improvement in , over , or on a wetland or wetland buffer , without first
ensuring compliance with the requirements of this chapter , including , but not
limited to , the following development permits :
a . Building permit ;
b . Grading permit ;
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c . Forest practices conversion permit ;
d . Conditional use permit ;
e . Shoreline conditional use permit ;
f . Shoreline substantial development permit ;
g . Shoreline variance ;
h . Short subdivision ;
i . Subdivision ;
j . Planned residential development ;
k . Master Plan ;
I . Binding site plan ; or
m . Site plan or site plan review .
3 . Reasonable Use Exceptions . The following exceptions shall apply in
implementing the standards of this chapter , although the standards shall be
applied to the maximum extent practicable to avoid and minimize impacts on
wetland functions and values . Mitigation for unavoidable adverse impacts shall
be required . The standards of this chapter shall not be used to preclude the
following activities in wetland areas .
a . The placement of a single -family residence and normal accessory structures
on an otherwise legally buildable lot of record . Standards may be applied on
established properties to limit the proposed location and size of structures ,
and proposed removal of vegetation .
( 1 ) The expansion of a home on a lot that does not show building or
development envelopes , wetlands or wetland buffers on the recorded
plat , not to exceed twenty-five percent ( 25 % ) of the existing building
footprint ;
( 2 ) The replacement of single -wide mobile home with another dwelling and
normal accessory structures ; and
( 3 ) Fire hazard clearing recommended by the fire marshal , or consistent
with written fire marshal or fire chief guidelines .
b . The standards of this chapter shall not be used to deny all reasonable
economic use of private property . The following criteria must be met in order
to verify that all reasonable economic use of the property has been denied :
( 1 ) The application of this chapter would deny all reasonable economic
use of the property ;
( 2 ) No other reasonable economic use of the property has less impact on
the wetland and buffer area ;
( 3 ) Any wetland or buffer alteration is the minimum necessary to allow for
reasonable economic use of the property ; and
(4 ) The inability of the applicant to derive reasonable economic use of the
property is not the result of actions by the applicant after the date of
adoption of the ordinance codified in this chapter .
c . The application of this chapter shall not be used to deny a development
proposal for a linear facility from a public agency or public utility , provided
the agency or utility meets the following criteria :
( 1 ) There is no practical alternative to the proposed project with less
impact on the wetland and buffer area ; and
( 2 ) The application of this chapter would unreasonably restrict the ability to
provide public utility services to the public .
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4 . Approval of a development permit application pursuant to the provisions of this
chapter does not discharge the obligation of the applicant to comply with the
provisions of this chapter .
C . Exemptions .
1 . Exempt Activities and Impacts to Wetlands . All exempted activities shall use
reasonable methods to avoid potential impacts to wetlands and buffers .
Exemptions from permits are not exemptions from wetland stewardship
responsibilities . The following developments , activities , and associated uses shall
be exempt from the provisions of this chapter ; provided , that they are otherwise
consistent with the provisions of other local , state , and federal laws and
requirements .
a . Reconstruction of damaged or destroyed structures within the same building
footprint . Expansion or reconstruction within a new or expanded footprint
that affects a nonexempt wetland or wetland buffer is subject to the
provisions of this title .
b . The harvesting or normal maintenance of vegetation in a manner that is not
injurious to the natural reproduction of such vegetation .
c . Existing agricultural activities and structures .
( 1 ) Agricultural activities and structures in operation at the time of adoption
of the ordinance codified in this chapter that are affecting wetlands not
associated with a riparian corridor are exempt from regulation under
this chapter ;
( 2 ) Changes in agricultural practices within the same " footprint" as the
existing agricultural activities in subsection ( C ) ( 1 ) ( c ) ( 1 ) of this section ,
including reconstruction of existing agricultural structures , or
construction of new agricultural structures , are exempt from regulation
under this chapter ;
( 3 ) Agricultural activities and structures in operation at the time of adoption
of the ordinance codified in this chapter that are affecting wetlands
associated with riparian corridors shall be regulated through CMC
Chapter 16 . 95 .
d . The removal or eradication of noxious weeds so designated in Title 7 of this
code or other exotic nuisance plants including non - native blackberries ;
provided , that ground disturbing heavy machinery ( scraping , ripping , etc . , ) is
not used . Cutting , mowing , and ground disturbance with hand tools is
allowed .
e . Site investigative work necessary for land use application submittals such as
surveys , soil logs , and percolation tests .
f . Emergency clearing to abate immediate danger to persons or property . For
emergency clearing of hazard trees , remove only that portion of the hazard
tree as necessary to remediate the hazard .
g . Clearing necessary for the emergency repair of utility or public facilities .
Notification of emergency work that causes substantial degradation to
functions and values must be reported in a timely manner .
h . Clearing for operation , maintenance , or repair of existing utilities or public
facilities that does not further increase the impact to , or encroach further
within , the wetland or wetland buffer .
If Clearing , as minimally necessary , for placement of fencing , private wells ,
septic systems or individual lot sewer , water , electrical , or utility connections
in wetland buffers , where practical alternatives do not exist .
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k . Clearing , as minimally necessary , for stream bank restoration , for native
replanting or enhancements in wetlands and wetland buffers .
I . Clearing , as minimally necessary , for soil , water , vegetation and resource
conservation projects having received an environmental permit from a public
agency in wetlands and wetland buffers .
m . Clearing , as minimally necessary , for creating a four (4 ) foot or narrower
path using natural , wood - based or vegetated pervious surfacing in wetlands
and wetland buffers .
n . Land disturbance in wetlands and wetland buffers cumulatively less than
five ( 5 ) cubic yards in volume and three hundred ( 300 ) square feet in area ;
provided , that the wetland hydroperiod is not significantly affected .
2 . Exempted Wetlands . This chapter shall not apply to the following wetlands :
a . Small . Isolated Category III wetlands less than two thousand five hundred
( 2 , 500 ) square feet in area and isolated Category IV wetlands less than four
thousand three hundred and fifty (4 , 350 ) square feet in area ;
b . Artificial . Wetlands created from non -wetland sites including , but not limited
to , irrigation and drainage ditches , grass - lined swales , canals , detention
facilities , wastewater treatment facilities , stormwater facilities , farm ponds ,
and landscape amenities ; provided , that wetlands created as mitigation shall
not be exempted ;
c . Riparian . Wetlands fully within five ( 5 ) feet , measured horizontally , of bank-
full width for streams and the ordinary high water mark for lakes which are
regulated under the State Shorelines Management Act ( Chapter 90 . 58
RCW) or under CMC Chapter 16 . 95 , are exempt .
D . Interpretation .
1 . This chapter shall apply in addition to zoning and other regulations adopted by
the city .
2 . When there is a conflict between any provisions of this chapter or any other
regulations adopted by the City of Camas , that providing the most protection to
affected critical areas shall apply .
3 . Compliance with this chapter does not constitute compliance with other federal ,
state and local regulations and permit requirements (for example , shoreline
substantial development permits , hydraulic project approval ( HPA) permits ,
Section 106 of the National His Preservation Act , U . S . Army Corps of
Engineers Section 404 permits , National Pollutant Discharge Elimination System
( NPDES ) permits , or DOE Section 401 Water Quality Certification ) . The applicant
is responsible for complying with all requirements , apart from the provisions of
this chapter .
16 . 60 . 020 Rating System
A . Designating wetlands . Wetlands are those areas , designated in accordance with
the Washington State Wetland Identification and Delineation Manual or Corps of
Engineers Delineation Manual, Environmental Laboratories, 1987, or most current
editions , that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support , and that under normal circumstances do support , a
prevalence of vegetation adapted for life in saturated soil conditions . All areas within
the City of Camas meeting the wetland designation criteria in the state Identification
and Delineation Manual, regardless of any formal identification , are hereby -
designated critical areas and are subject to the provisions of this Title .
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B . Wetland Rating System . Wetlands shall be rated according to the Washington
State Department of Ecology ( Ecology ) wetland rating system found in Washington
State Wetlands Rating System for Western Washington , ( Ecology publication # 04 -
06 - 025 , August 2004 ) . The rating system document contains the definitions and
methods for determining if the criteria below are met :
1 . Wetland Rating Categories
a . Category I . Category I wetlands are those that meet one or more of the
following criteria :
i . Wetlands that are identified by scientists of the Washington Natural
Heritage Program / DNR as high quality wetlands ;
ii . Bogs larger than 1/2 acre ;
iii . Mature and old growth forested wetlands larger than 1 acre ,
iv . Wetlands that perform many functions well , as indicated by scoring 70
points ( out of 100 ) in the rating system .
Category I wetlands represent a unique or rare wetland type , are more sensitive
to disturbance than most wetlands , are relatively undisturbed and contain some
ecological attributes that are impossible to replace within a human lifetime , or
provide a very high level of functions .
b . Category II . Category II wetlands are those that meet one or more of the
following criteria :
i . Wetlands identified by the Washington Natural Heritage Program as
containing " sensitive " plant species ;
ii . Bogs between %4 and �/2 acre in size ;
iii . Wetlands with a moderately high level of functions , as indicated by
scoring 51 - 69 in the Ecology rating system .
Category II wetlands are difficult , though not impossible , to replace , and provide
high levels of some functions . These wetlands occur more commonly than
Category I wetlands , but they still need a relatively high level of protection .
c . Category III . Category III wetlands are those with a moderate level of
functions , as indicated by scoring 30 - 50 in the Ecology rating system .
Generrally , wetlands in this category have been disturbed in some way and
are often less diverse or more isolated from other natural resources in the
landscape than Category II wetlands .
d . Category IV . Category IV wetlands have the lowest levels of functions and
are often heavily disturbed . They are characterized by a score of less than
thirty ( 30 ) on the rating system . These are wetlands that should be
replaceable , and in some cases may be improved . However , experience has
shown that replacement cannot be guaranteed in any specific case . These
wetlands may provide some important functions , and should be protected to
some degree .
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2 . Date of wetland rating . Wetland rating categories shall be applied as the
wetland exists on the date of adoption of the rating system by the local
government , as the wetland naturally changes thereafter , or the wetland
changes in accordance with permitted activities . Wetland rating categories shall
not change due to illegal modifications .
16 . 60 . 030 Critical area report — Additional requirements for wetlands
A . Prepared by a qualified professional . A critical areas report for wetlands shall be
prepared by a qualified professional who is a wetland biologist with experience
preparing wetland reports .
B . Area addressed in critical area report . In addition to the requirements of CMC
Chapter 16 . 50 , the following areas shall be addressed in a critical area report for
wetlands :
1 . Within a subject parcel or parcels , the project area of the proposed activity ;
2 . All wetlands and recommended buffer zones within three hundred ( 300 ) feet of
the project area within the subject parcel or parcels ;
3 . All shoreline areas , water features , flood plains , and other critical areas , and
related buffers within three hundred ( 300 ) feet of the project area within the
subject parcel or parcels , and
4 . The project design and the applicability of the buffers based on the proposed
layout and the level of land use intensity .
5 . Written documentation from the qualified professional demonstrating compliance
with the requirements of this chapter .
C . Wetland Determination .
In conjunction with the submittal of a development permit application , the responsible
official shall determine the probable existence of a wetland on the subject parcel . If
wetland or wetland buffers are found to likely exist on the parcel , wetland delineation
is required .
D . Wetland Delineation .
1 . Methodology . The location of a wetland and its boundary shall be determined
through the performance of a field investigation utilizing the methodology
contained in the Wetlands Delineation Manual . If a wetland is located off- site and
is inaccessible , the best available information shall be used to determine the
wetland boundary and category .
2 . Information Requirements . Wetland boundaries shall be staked and flagged in
the field and a delineation report shall be submitted to the department . The report
shall include the following information :
a . USGS quadrangle map with site clearly defined ;
b . Topographic map of area ;
c . National wetland inventory map showing site ;
d . Soil Conservation , Service soils map showing site ;
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e . Site map , at a scale no smaller than one ( 1 ) inch equals one hundred ( 100 )
feet ( 1 " = 100 , a scaling ratio of 1 : 1 , 200 ) , if practical , showing the following
information :
( 1 ) Wetland boundaries ,
( 2 ) Sample sites and sample transects ,
( 3 ) Boundaries of forested areas ,
(4 ) Boundaries of wetland classes if multiple classes exist ;
f . Discussion of methods and results with special emphasis on technique used
from the Wetlands Delineation Manual ;
g . Acreage of each wetland on the site based on the survey if the acreage will
impact the buffer size determination or the project design ,
h . All completed field data sheets per the Wetlands Delineation Manual ,
numbered to correspond to each sample site .
E . Wetland analysis . In addition the to minimum required contents of Section ( D ) above ,
and in addition to CMC 16 . 50 . 170 , a critical area report for wetlands shall contain an
analysis of the wetlands including the following site - and proposal - related information
at a minimum :
1 . A discussion of measures , including avoidance , minimization and mitigation ,
proposed to preserve existing wetlands and restore any wetlands that were
degraded prior to the current proposed land use activity .
2 . Proposed mitigation , if needed , including a written assessment and accompanying
maps of the mitigation area , including the following information at a minimum :
a . Existing and proposed wetland acreage ;
b . Vegetative , faunal , and hydrologic conditions ;
c . Relationship within watershed and to existing water bodies ;
d . Soil and substrate conditions , topographic elevations ;
e . Existing and proposed adjacent site conditions ;
f. Required wetland buffers ; and
g . Property ownership .
3 . A discussion of ongoing management practices that will protect wetlands after
the project site has been developed ; including proposed monitoring and
maintenance programs .
When deemed appropriate , the director may also require the critical area report to
include an evaluation by the Department of Ecology or an independent qualified
expert regarding the applicant ' s analysis and the effectiveness of any proposed
mitigating measures or programs , and to include any recommendations as
appropriate .
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16 . 60 . 040 Standards
A . Activities and uses shall be prohibited from wetlands and wetland buffers , except as
provided for in this Chapter .
B . Wetland buffers
Buffers . Wetland buffer widths shall be determined by the responsible official
in accordance with the standards below :
1 . All buffers shall be measured horizontally outward from the delineated
wetland boundary or , in the case of a stream with no adjacent wetlands ,
the ordinary high water mark as surveyed in the field .
2 . Buffer widths are established by comparing the wetland rating category
and the intensity of land uses proposed on development sites per Table
16 . 60 . 040 - 1 , 16 . 60 . 040 - 27 16 . 60 . 040 - 3 and 16 . 60 . 040 -4 . For Category IV
wetlands , the required water quality buffers , per Table 16 . 60 . 040 - 1 , are
adequate to protect habitat functions .
Table 16 . 60 . 040 - 1 Buffers Required to Protect Water Quality Functions
Wetland Low Intensity Moderate Intensity High Intensity
Rating Use Use Use
Category 1 50 ft . 75 ft . 100 ft .
Category II 50 ft . 75 ft . 100 ft .
Category III 40 ft . 60 ft . 80 ft .
Category IV 25 ft . 40 ft . 50 ft .
Table 16 . 60 . 040 = 2 Buffers Required to Protect Habitat Functions in
Category I and II Wetlands
Habitat Score in the Low Intensity Moderate High Intensity
Rating Form Use Intensity Use Use
19 points or less See Table See Table See Table
16 . 60 . 040 - 1 16 . 60 . 040 - 1 16 . 60 . 040 - 1
20 60 ft . 75 ft . 100 ft .
21 70 85 100
22 80 95 120
23 90 105 140
24 100 115 160
25 110 125 180
26 120 135 200
27 130 145 220
28 140 165 240
29 150 185 260
30 150 205 280
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T� ,
31 points or greater 150 225 300
Table 16 . 60 . 040 - 3 . Buffers Required to Protect Habitat Functions in
Category III Wetlands
Habitat Score in the Low Intensity Moderate High Intensity
Rating Form Use Intensity Use Use
20 points or less See Table See Table See Table
16 . 60 . 040 - 1 16 . 60 . 040 - 1 16 . 60 . 040 - 1
21 45 ft . 65 ft . 90 ft .
22 50 70 100
23 55 80 110
24 60 90 120
25 65 100 130
26 70 105 140
27 points or greater 75 ft . 110 ft . 150 ft .
Table 16 . 60 . 040 -4 . Land Use Intensity Matrix
Parks and Streets Stormwater Utilities Commercial Residentia12
Recreation and Facilities / Industrial
Roads
Low Natural fields NA Outfalls , Underground NA Density at or lower
and grass spreaders , and overhead than 1 unit per 5
areas , constructed utility lines , acres
viewing wetlands , manholes ,
areas , split bioswales , power poles
rail fencing vegetated (without
detention footings )
basins ,
overflows
Moderate Impervious Residential Wet ponds Maintenance NA Density between 1
trails , driveways access roads unit per acre and
engineered and higher ' than 1 unit
fields , access per 5 acres
fairways roads
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High Greens , Public and Maintenance Paved or All site Density higher
tees , private access roads , concrete development than 1 unit per
structures , streets , retaining surfaces , acre
parking , security walls , vaults , structures ,
lighting , fencing , infiltration facilities , pump
concrete or retaining basins , stations , towers ,
gravel pads , walls sedimentation vaults , security
security fore bays and fencing , etc .
fencing structures ,
security
fencing
'
la shall determine the In categories applicable to proposals
The responsible offic
should characteristics not be specifically listed in Table 16. 06 . 060- 4 .
2 Measured as density averaged over a site, not individual lot sizes .
3 . In residential plats and subdivisions , wetlands and wetland buffers shall be placed
within a nonbuildable tract with the following exceptions :
a . Creation of a nonbuildable tract would result in violation of minimum lot
depth standards ; or
b . The responsible official determines a tract is impractical .
c . Where the responsible official determines the exceptions in subsection ( a ) or
( b ) , above are applicable , residential lots may extend into wetlands and
wetland buffers ; provided , that all the requirements of Section 16 . 60 . 040 ( C )
are met .
4 . Adjusted Buffer Width .
a . Adjustments Authorized by Wetland Permits . Adjustments to the required
buffer width are authorized by Section 16 . 60 . 050 ( D ) upon issuance of a
wetland permit .
b . Functionally Isolated Buffer Areas . Areas which are functionally separated
from a wetland and do not protect the wetland from adverse impacts shall
be treated as follows :
( 1 ) Pre - existing roads , structures , or vertical separation shall be excluded
from buffers otherwise required by this chapter ;
( 2 ) Distinct portions of wetlands with reduced habitat functions that are
components of wetlands with an overall habitat rating score greater
than twenty ( 20 ) points shall not be subject to the habitat function
buffers designated in Table 16 . 60 . 040 - 2 and Table 16 . 60 . 040 - 3 if all of
the following criteria are met :
( a ) The area of reduced habitat function is at least one ( 1 ) acre in
size ;
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( b ) The area supports less than five ( 5 ) native plant species and does
not contain special habitat features ;
( c ) The area of reduced habitat function has low or no interspersion
of habitats as defined in Section H1 . 4 of the rating form ;
( d ) The area does not meet any WDFW priority habitat or species
criteria ; and
( e ) The required habitat function buffer is provided for all portions of
the wetland that do not have reduced habitat function .
C . Standard Requirements . Any action granting or approving a development permit
application shall be conditioned on all the following :
1 . Marking Buffer During Construction . The location of the outer extent of the
wetland buffer shall be marked in the field and such markings shall be
maintained throughout the duration of the permit .
2 . Permanent Marking of Buffer Area . A permanent physical demarcation along the
upland boundary of the wetland buffer area shall be installed and thereafter
maintained . Such demarcation may consist of logs , a tree or hedge row , fencing ,
or other prominent physical marking approved by the responsible official . In
addition , small signs shall be posted at an interval of one ( 1 ) per lot or every one
hundred ( 100 ) feet , whichever is less , and perpetually maintained at locations
along the outer perimeter of the wetland buffer approved by the responsible
official worded substantially as follows :
Wetland and ' Buffer — Please retain in a natural state .
3 . A conservation covenant shall be recorded in a form approved by the Prosecuting
Attorney as adequate to incorporate the other restrictions of this section and to
give notice of the requirement to obtain a wetland permit prior to engaging in
regulated activities within a wetland or its buffer .
4 . In the cases of plats , short plats , and recorded site plans , include on the face of
such instrument the boundary of the wetland and its buffer and a reference to the
separately recorded conservation covenant provided for in Section
16 . 60 . 040 ( C ) ( 3 ) .
D . Standard Requirements — Waivers . The responsible official shall waive the
requirements of Sections 16 . 60 . 030 ( D ) and 16 . 60 . 040 ( 6 ) in certain cases described
below if the applicant designates development envelopes which are clearly outside of
any wetland or buffer . The responsible official may require partial wetland delineation
to the extent necessary to ensure eligibility for this waiver :
1 . Residential building permits and home businesses ;
2 . Site plan reviews where the responsible official determines that all development is
clearly separated from the wetlands and wetland buffers :
a . Development envelopes shall be required for a fully complete preliminary
application ;
b . Development envelopes shall be shown on the final site plan ; and
c . A note referencing the development envelopes shall be placed on the final
site plan .
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16 . 60 . 050 Wetland Permits
A . General .
1 . A wetland permit is required for any development activity that is not exempt
pursuant to Section 16 . 60 . 010 ( C ) within wetlands and wetland buffers .
2 . Standards for wetland permits are provided in Sections 16 . 60 . 050 ( 6 ) , ( C ) and
( D ) a
3 . All wetland permits require approval of a preliminary and final
enhancement/ mitigation plan in accordance with the provisions of Section
16 . 60 . 050 ( E ) unless the preliminary enhancement/ mitigation plan requirement is
waived under the provisions of Section 16 . 60 . 050 ( E ) ( 2 ) .
4 . Wetland permit application , processing , preliminary approval , and final approval
procedures are set out in Sections 16 . 60 . 050 ( F ) through ( I ) .
5 . Provisions for programmatic permits are provided by Section 16 . 60 . 050 ( K) ,
6 . Provisions for emergency wetland permits are provided by Section 16 . 60 . 050 ( L ) .
Be Standards — General .
Wetland permit applications shall be based upon a mitigation plan and shall satisfy the
following general requirements :
1 . The proposed activity shall not cause significant degradation of wetland functions ;
2 . The proposed activity shall comply with all state , local and federal laws , including
those related to sediment control , pollution control , floodplain restrictions ,
stormwater management , and on - site wastewater disposal .
C . Buffer Standards and Authorized Activities . The following additional standards apply
for regulated activities in a wetland buffer :
1 . Buffer reduction incentives . Standard buffer widths may be reduced under the
following conditions , provided that functions of the post- project wetland are equal
to or greater after use of these incentives .
a . Lower impact land uses . The buffer widths recommended for proposed land
uses with high - intensity impacts to wetlands can be reduced to those
recommended for moderate - intensity impacts if both of the following criteria
are met :
( i ) A relatively undisturbed , vegetated corridor at least 100 -feet wide is
protected between the wetland and any other Priority Habitats that are
present as defined by the Washington State Department of Fish and
Wildlife` ; and
( ii ) Measures to minimize the impacts of the land use adjacent to the
wetlands are applied , such as infiltration of stormwater , retention of as
much native vegetation and soils as possible , direction of noise and light
away from the wetland , and other measures that may be suggested by a
qualified wetlands professional
* If Priority Habitats are not present in the vicinity of the proposed land use ,
criterion ( ii ) is sufficient for buffer width reductions . The development of these
measures and their review by the City , which may include referral to
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independent qualified professionals , shall be at the applicant ' s expense . If
proposed future land uses are more intense , they are not eligible to maintain
this reduction .
b . Restoration . Buffer widths may be reduced up to twenty -five ( 25 ) percent if
the buffer is restored or enhanced from apre - project condition that is
disturbed ( e . g . , dominated by invasive species ) , so that functions of the
post- project wetland and buffer are equal or greater . To the extent possible ,
restoration should provide a vegetated corridor of a minimum one hundred
( 100 ) feet wide between the wetland and any other priority habitat areas as
defined by the Washington State Department of Fish and Wildlife . The
habitat corridor must be protected for the entire distance between the
wetland and the priority habitat area by some type of permanent legal
protection such as a covenant or easement . The restoration plan must meet
requirements in CMC 16 . 60 . 050 ( D ) for a mitigation plan and CMC
16 . 60 . 050 for a critical area report .
c . Combined reductions . Buffer width reductions allowed under a ) and ( b )
above may be added provided that minimum buffer widths shall never be
less than fifty ( 50 ) feet for all Category I , Category II and Category III
wetlands , and twenty-five ( 25 ) feet for all Category IV wetlands .
2 . Buffer averaginq . Averaging buffers is allowed in conjunction with any of the other
provisions for reductions in buffer width ( listed above in CMC 16 . 60 . 050 ( C ) ( 1 )
) provided that minimum buffer widths listed in CMC 16 . 60 . 050 ( C ) ( 1 ) ( c) are
adhered to . The Community Development Department shall have the authority to
average buffer widths on a case - by- case basis , where a qualified wetlands
professional demonstrates , as part of a critical area report , that all of the following
criteria are met :
a . The total area contained in the buffer after averaging is no less than that
contained within the buffer prior to averaging ;
b . Decreases in width are generally located where wetland functions may be
less sensitive to adjacent land uses and increases are generally located
where wetland functions may be more sensitive to adjacent land uses , to
achieve no net loss or a net gain in functions ; and
its narrowest point , shall not result in a width less
c . The averaged buffer , at
than seventy - five ( 75 ) percent of the required width , provided that
minimum buffer widths shall never be less than fifty ( 50 ) feet for all
Category I , Category II and Category III wetlands and twenty - five (25 )
feet for all Category IV wetlands .
d . Effect of mitigation . If wetland mitigation occurs such that the rating of the
wetland changes , the requirements for the category of the wetland after
mitigation shall apply .
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3 . Stormwater Facilities . Stormwater facilities are only allowed in buffers of wetlands
with low habitat function ( less than twenty ( 20 ) points on the habitat section of the
rating system form ) ; provided , the facilities shall be built on the outer edge of the
buffer and not degrade the existing buffer function and are designed to blend with
the natural landscape . Unless determined otherwise by the responsible official ,
the following activities shall be considered to degrade a wetland buffer when they
are associated with the construction of a stormwater facility :
a . Removal of trees greater than four (4 ) inches diameter at four and one - half
(4 - 1 /2 ) feet above the ground or greater than twenty ( 20 ) feet in height ;
b . Disturbance of plant species that are listed as rare , threatened or
endangered by the city , county or any state or federal management agency ;
c . The construction of concrete structures other than manholes , inlets , and
outlets that are exposed above the normal water surface elevation of the
facility ;
d . The construction of maintenance and access roads ;
e . Slope grading steeper than four to one (4 : 1 ) horizontal to vertical above the
normal water surface elevation of the stormwater facility ;
f . The construction of pre -treatment facilities such as fore bays , sediment
traps , and pollution control manholes ;
g . The construction of trench drain collection and conveyance facilities ;
h . The placement of fencing ; and
i . The placement of rock and /or riprap , except for the construction of flow
spreaders , or the protection of pipe outfalls and overflow spillways ,
provided , that buffer functions for areas covered in rock and /or riprap are
replaced .
4 . Road and Utility Crossings . Crossing buffers with new roads and utilities is
allowed provided all the following conditions are met :
a . Buffer functions , as they pertain to protection of the adjacent wetland and its
functions , are replaced ; and
b . Impacts to the buffer and wetland are minimized .
5 . Other Activities in a Buffer . Regulated activities not involving stormwater
management , road and utility crossings , or a buffer reduction via enhancement
are allowed in the buffer if all the following conditions are met :
a . The activity is temporary and will cease or be completed within three ( 3 )
months of the date the activity begins ;
b . The activity will not result in a permanent structure in or under the buffer ;
c . The activity will not result in a reduction of buffer acreage or function ;
d . The activity will not result in a reduction of wetland acreage or function .
D . Standards — Wetland Activities . The following additional standards apply to the
approval of all activities permitted within wetlands under this section .
1 . Sequencing . Applicants shall demonstrate that a range of project alternatives
have been given substantive consideration with the intent to avoid or minimize
impacts to wetlands . Documentation must demonstrate that the following
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City/County Wetland Page 14
hierarchy of avoidance and minimization has been pursued :
a . Avoid impacts to wetlands unless the responsible official finds that :
( 1 ) For Category I and II wetlands , avoiding all impact is not in the public
interest or will deny all reasonable economic use of the site ;
( 2 ) For Category III and IV wetlands , avoiding all impact will result in a
project that is either :
( a ) Inconsistent with the City of Camas Comprehensive Plan ;
( b ) Inconsistent with critical area conservation goals ; or
( c ) Not feasible to construct .
b . Minimize impacts to wetlands if complete avoidance is infeasible . The
responsible official must find that the applicant has limited the degree or
magnitude of impact to wetlands by using appropriate technology and by
taking affirmative steps to reduce impact through efforts such as :
( 1 ) Seeking easements or agreements with adjacent land owners or
project proponents where appropriate ;
( 2 ) Seeking reasonable relief that may be provided through application of
other city zoning and design standards ;
( 3 ) Site design ; and
(4 ) Construction techniques and timing .
c . Compensate for wetland impacts that will occur , after efforts to minimize
have been exhausted . The responsible official must find that :
( 1 ) The affected wetlands are restored to the conditions existing at the
time of the initiation of the project ;
( 2 ) Unavoidable impacts are mitigated in accordance with this subsection ;
and
( 3 ) The required mitigation is monitored and remedial action is taken when
necessary to ensure the success of mitigation activities .
2 . Location of Wetland Mitigation . Wetland mitigation for unavoidable impacts shall
be located using the following prioritization :
a . On - site . Locate mitigation according to the following priority :
( 1 ) Within or adjacent to the same wetland as the impact ;
( 2 ) Within or adjacent to a different wetland on the same site ;
b Off- site . Locate mitigation within the same watershed or use an established
wetland mitigation bank ; the service area determined by the mitigation bank
review team and identified in the executed mitigation bank instrument ;
c . In - kind . Locate or create wetlands with similar landscape position and the
same hydro - geomorphic ( HGM ) classification based on a reference to a
naturally occurring wetland system ; and
d . Out - of- kind . Mitigate in a different landscape position and /or HGM
classification based on a reference to a naturally occurring wetland system .
3 . Types of Wetland Mitigation . The various types of wetland mitigation allowed are
listed below in the general order of preference .
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a . Restoration . The manipulation of the physical , chemical , or biological
characteristics of a site with the goal of returning natural or historic functions
to a former or degraded wetland . For the purpose of tracking net gains in
wetland acres , restoration is divided into :
( 1 ) Re - establishment . The manipulation of the physical , chemical , or
biological characteristics of a site with the goal of returning natural or
historic functions to a former wetland . Re - establishment results in a
gain in wetland acres ( and functions ) . Activities could include removing
fill material , plugging ditches , or breaking drain tiles .
( 2 ) Rehabilitation . The manipulation of the physical , chemical , or biological
characteristics of a site with the goal of returning natural or historic
functions to a degraded wetland . Re - establishment results in a gain in
wetland function , but does not result in a gain in wetland acres .
Activities could involve breaching a dike to reconnect wetlands to a
floodplain or return tidal influence to a wetland .
b . Creation ( Establishment ) . The manipulation of the physical , chemical , or
biological characteristics of a site with the goal of developing a wetland on
an upland or deepwater site where a wetland did not previously exist .
Establishment results in a gain in wetland acres . Activities typically involve
excavation of upland soils to elevations that will produce a wetland hydro -
period , create hydric soils , and support the growth of hydrophytic plant
species .
c . Enhancement . The manipulation of the physical , chemical , or biological
characteristics of a wetland site to heighten , intensify , or improve the
specific function ( s ) or to change the growth stage or composition of the
vegetation present . Enhancement is undertaken for specified purposes such
as water quality improvement , flood water retention , or wildlife habitat .
Enhancement results in a change in some wetland functions and can lead to
a decline in other wetland functions , but does not result in a gain in wetland
acres . Activities typically consist of planting vegetation , controlling non -
native or invasive species , modifying site elevations or the proportion of
open water to influence hydro - periods , or some combination of these
activities .
d . Protection / Maintenance ( Preservation ) . Removing a threat to , or preventing
the decline of , wetland conditions by an action in or near a wetland . This
includes the purchase of land or easements repairing water control
structures or fences , or structural protection such as repairing a barrier
island . This term also includes activities commonly associated with the term
preservation .
Preservation does not result in a gain of wetland acres , but may result in
improved wetland functions .
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4 . Wetland Mitigation Ratios .
a . Standard Wetland Mitigation Ratios . The following mitigation ratios for each
of the mitigation types described in Section 16 . 60 . 050 ( D ) ( 3 ) ( a ) through ( c )
apply :
Table 16 . 60 . 050 - 1 . Standard Wetland Mitigation Ratios ( In Area )
Wetland Reestablishment Rehabilitation Reestablishment Reestablishment Enhancement
to Be or Creation or Creation and or Creation and
Replaced Rehabilitation Enhancement
Category 1 . 5 : 1 3 : 1 1 : 1 R/ C and 1 : 1 1 : 1 R/ C and 2 : 1 E 6 : 1
IV RH
Category 2 : 1 4 : 1 1 : 1 R/ C and 2 : 1 1 : 1 R/C and 4 : 1 E 8 : 1
III RH
Category II 3 : 1 6 : 1 1 : 1 R/ C and 4 : 1 1 : 1 R/ C and 8 : 1 E 12 : 1
RH
Category I , 6 : 1 12 : 1 1 : 1 R/ C and 10 : 1 1 : 1 R/ C and 20 : 1 E 24 : 1
Forested RH
Category I , 4 : 1 8 : 1 1 : 1 R / C and 6 : 1 1 : 1 R/ C and 12 : 1 E 16 : 1
Based on RH
Score for
Functions
Category I , Not Considered 6 : 1 N /A N /A Case - by - Case
Natural Possible Rehabilitate a
Heritage Natural
Site Heritage Site
b . Preservation . The responsible official has the authority to approve
preservation of existing wetlands as wetland mitigation under the following
conditions :
( 1 ) The wetland area being preserved is a Category I or II wetland or is
within a WDFW priority habitat or species area ;
( 2 ) The preservation area is at least one ( 1 ) acre in size ;
( 3 ) The preservation area is protected in perpetuity by a covenant or
easement that gives the city clear regulatory and enforcement authority
to protect existing wetland and wetland buffer functions with standards
that exceed the protection standards of this chapter ;
( 4 ) The preservation area is not an existing or proposed wetland mitigation
site ; and
( 5 ) The following preservation / mitigation ratios apply :
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Table 16 . 60 . 050 - 2 . Wetland Preservation Ratios for Category I and II Wetlands ( In
Area )
Habitat Function In Addition to Standard As the Only Means of
of Wetland to Be Mitigation Mitigation
Replaced Full and Reduced Full and Reduced
Functioning and / or Functioning and / or
Buffer Degraded Buffer Degraded
Buffer Buffer
Low ( < 20 points ) 10 : 1 . 14 : 1 20 : 1 30 : 1
Moderate ( 20 — 30 13 : 1 17 : 1 30 : 1 40 : 1
points )
High ( > 30 points ) 16 : 1 20 : 1 40 : 1 50 : 1
c . The responsible official has the authority to reduce wetland mitigation ratios
under any of the following circumstances :
( 1 ) Documentation by a qualified wetland specialist demonstrates that the
proposed mitigation actions have a very high likelihood of success
based on prior experience ;
( 2 ) Documentation by a qualified wetland specialist demonstrates that the
proposed actions for compensation will provide functions and values
that are significantly greater than the wetland being affected ;
( 3 ) The proposed actions for compensation are conducted in advance of
the impact and are shown to be successful ;
( 4 ) In wetlands where several HGM classifications are found within one ( 1 )
delineated wetland boundary , the areas of the wetlands within each
HGM classification can be scored and rated separately and the
mitigation ratios adjusted accordingly , if all the following apply :
( a ) The wetland does not meet any of the criteria for wetlands with
" Special Characteristics , " as defined in the rating system ;
( b ) The rating and score for the entire wetland is provided as well as
the scores and ratings for each area with a different HGM
classification ;
( c) Impacts to the wetland are all within an area that has a different
HGM classification from the one used to establish the initial
category ; and
( d ) The proponents provide adequate hydrologic and geomorphic
data to establish that the boundary between HGM classifications
lies at least fifty ( 50 ) feet outside of the footprint of the impacts .
5 . Alternate Wetland Mitigation .
a . Wetland Mitigation Banking .
( 1 ) Construction , enhancement or restoration of wetlands to use as
mitigation for future wetland development impacts is permitted subject
to the following :
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( a ) A wetland permit shall be obtained prior to any mitigation banking .
If a wetland permit is not obtained prior to mitigation bank
construction , mitigation credit shall not be awarded . On projects
proposing off- site wetland banking in addition to required wetland
mitigation , a separate wetland permit shall be required for each
activity . The performance and maintenance bond requirements of
Section 16 . 60 . 050 ( H ) ( 3 ) ( c ) and ( d ) shall not be applicable ,
provided there are no requests for mitigation credit prior to the city
determining the mitigation banking is successful . If mitigation
banking is not fully functioning , as defined in the wetland permit , at
the time mitigation credit is requested , Section 16 . 60 . 050 ( H ) ( 3 ) ( c )
and ( d ) shall apply ;
( b ) Federal and state wetland regulations , if applicable , may
supersede city requirements ;
( 2 ) The mitigation credit allowed will be determined by the city , based on
the wetland category , condition and mitigation ratios as specified in
Section 16 . 60 . 050 ( D ) (4 ) . Prior to granting mitigation banking credit , all
wetland mitigation banking areas must comply with Section
16 . 60 . 040 ( E ) ( 4 ) ( b ) and ( c) , and , if applicable , Section 16 . 60 . 050 ( H ) ( 3 ) ;
( 3 ) On projects proposing off- site wetland banking in addition to required
wetland mitigation , a separate permit fee will be required for each
activity ;
(4 ) Purchase of banked wetland credits is permitted to mitigate for wetland
impacts in the same watershed provided the applicant has minimized
wetland impacts , where reasonably possible , and the following
requirements are met :
( a ) Documentation , in a form approved by the Prosecuting Attorney ,
adequate to verify the transfer of wetland credit shall be
submitted , and
( b ) A plat note along with information on the title shall be recorded in
a form approved by the Prosecuting Attorney as adequate to give
notice of the requirements of this section being met by the
purchase of banked wetland credits ;
b . Cumulative Effects Fund . The city may accept payment of a voluntary
contribution to an established cumulative effects fund for off- site watershed
scale habitat and wetland conservation in lieu of wetland mitigation of
unavoidable impacts in the following cases :
( 1 ) Residential building and home business permits where on - site
enhancement and / or preservation is not adequate to meet the
requirements of Section 16 . 60 . 050 ( D ) (4 ) ;
( 2 ) Approved reasonable use exceptions where sufficient on - site wetland
and wetland buffer mitigation is not practical ;
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( 3 ) Small impacts affecting less than 0 . 10 acre of wetland where on - site
enhancement and /or preservation is not adequate to meet the
requirements of Section 16 . 60 . 050 ( D ) ( 4 ) ; or
(4 ) As an additional mitigation measure when all other mitigation options
have been applied to the greatest extent practicable .
6 . Stormwater Facilities . Stormwater facilities are allowed in wetlands with habitat
scores less than twenty ( 20 ) on the rating form , in compliance with the following
requirements :
a . Stormwater detention and retention necessary to maintain wetland hydrology
is authorized ; provided , that the responsible official finds that wetland
functions will not be degraded ; and
b . Stormwater runoff is treated for water quality in accordance with the
requirements of Chapter 17 . 19 . 040 ( C ) ( 3 ) ( d ) prior to discharge into the
wetland .
7 . Utility Crossings . Crossing wetlands by utilities is allowed , provided the activity is
not prohibited by Section 16 . 60 . 050 ( D ) ( 1 ) , and provided all the following
conditions are met :
a . The activity does not result in a _ decrease in wetland acreage or
classification ;
b . The activity results in no more than ashort -term six ( 6 ) month decrease in
wetland functions ; and
c . Impacts to the wetland are minimized .
8 . Other Activities in a Wetland . Activities not involving stormwater management ,
utility crossings , or wetland mitigation are allowed in a wetland , provided the
activity is not prohibited by Section 16 . 60 . 050 ( D ) ( 1 ) , and provided all the
following conditions are met :
a . The activity shall not result in a reduction of wetland acreage or function ;
and
b . The activity is temporary and shall cease or be completed within three ( 3 )
months of the date the activity begins .
E . Mitigation Plans .
1 . General . Mitigation plans are required for activities in a buffer or wetland . Content
requirements which are inappropriate and inapplicable to a project may be
waived by the responsible official upon request of the applicant at or subsequent
to the pre - application consultation provided for in Section 16 . 60 . 050 ( F ) ( 1 ) .
2 . Preliminary Mitigation Plan . The purpose of the preliminary plan is to determine
the feasibility of the project before extensive resources are devoted to the
project . The responsible official may waive the requirement for a preliminary
mitigation plan when a wetland permit is not associated with a development
permit application ( listed in Section 16 . 60 . 010 ( 6 ) . The preliminary mitigation plan
consists of two ( 2 ) parts : baseline information for the site and a conceptual plan .
If off- site wetland mitigation is proposed , baseline information for both the project
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City/County Wetland Page 20
site and mitigation site is required .
a . Baseline information shall include :
( 1 ) Wetland delineation report as described in Section 16 . 60 . 030 ( D ) ( 2 ) ;
( 2 ) Copies of relevant wetland jurisdiction determination letters , if
available , such as determinations of prior converted crop lands ,
correspondence from state and federal agencies regarding prior
wetland delineations , etc . ;
( 3 ) Description and maps of vegetative conditions at the site ;
( 4 ) Description and maps of hydrological conditions at the site ;
( 5 ) Description of soil conditions at the site based on a preliminary on - site
analysis ;
( 6 ) A topographic map of the site ; and
( 7 ) A functional assessment of the existing wetland and buffer .
( a ) Application of the rating system in Section 16 . 60 . 020 ( B ) will
generally be considered sufficient for functional assessment ;
( b ) The responsible official may acceptor request an alternate
functional assessment methodology when the applicant ' s proposal
requires detailed consideration of specific wetland functions ;
( c ) Alternate functional assessment methodologies used shall be
scientifically valid and reliable .
b . The contents of the conceptual mitigation plan shall include :
( 1 ) Goals and objectives of the proposed project ;
( 2 ) A wetland buffer width reduction plan , if width reductions are proposed ,
that includes :
( a ) The land use intensity , per Table 16 . 60 . 0404 , of the various
elements of the development adjacent to the wetlands ;
( b ) The wetland buffer width ( s ) required by Table 16 . 60 . 040 - 1 ,
16 . 60 . 040 - 2 and 16 . 60 . 040 - 3 ;
( c ) The proposed buffer width reductions , including documentation
that proposed buffer width reductions fully protect the functions of
the wetland in compliance with Section 16 . 60 . 050 ( C ) ;
( 3 ) A wetland mitigation plan that includes :
( a ) A sequencing analysis for all wetland impacts ;
( b ) A description of all wetland impacts that require mitigation under
this chapter ; and
( c ) Proposed mitigation measures and mitigation ratios ;
( 4 ) Map showing proposed wetland and buffer . This map should include
the existing and proposed buffers and all proposed wetland impacts
regulated under this chapter ;
( 5 ) Site plan ;
( 6 ) Discussion and map of plant material to be planted and planting
densities ;
( 7 ) Preliminary drainage plan identifying location of proposed drainage
facilities including detention structures and water quality features ( e . g . ,
swales ) ;
( 8 ) Discussion of water sources for all wetlands on the site ;
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( 9 ) Project schedule ;
( 10 ) Discussion of how the completed project will be managed and
monitored ; and
( 11 ) A discussion of contingency plans in case the project does not meet
the goals initially set for the project .
3 . Final Mitigation Plan . The contents of the final mitigation plan shall include :
a . The approved preliminary mitigation plan and all conditions imposed on that
plan . If the preliminary mitigation plan requirement is waived , the final plan
shall include the content normally required for the preliminary plan listed in
Sections 16 . 60 . 050 .
b . Performance Standards . Specific criteria shall be provided for evaluating
whether or not the goals and objectives of the mitigation project are being
met . Such criteria may include water quality standards , survival rates of
planted vegetation , species abundance and diversity targets , habitat
diversity indices , or other ecological , geological or hydrological criteria .
c . Detailed Construction Plans . Written specifications for the mitigation project
shall be provided . The specifications shall include : the proposed
construction sequence , grading and excavation details , water and nutrient
requirements for planting , specification of substrate stockpiling techniques ,
and planting instructions , as appropriate . These written specifications shall
be accompanied by detailed site diagrams , scaled cross - sectional drawings ,
topographic maps showing slope percentage and final grade elevations , and
any other drawings appropriate to show construction techniques or
anticipated final outcome .
d . Monitoring Program . The mitigation plan shall include a description of a
detailed program for monitoring the success of the mitigation project .
( 1 ) The mitigation project shall be monitored for a period necessary to
establish that the mitigation is successful , but not for a period of less
than five ( 5 ) years . Creation and forested wetland mitigation projects
shall be monitored for a period of at least ten ( 10 ) years ;
( 2 ) Monitoring shall be designed to measure the performance standards
outlined in the mitigation plan and may include but not be limited to :
( a ) Establishing vegetation plots to track changes in plant species
composition and density over time ;
( b ) Using photo stations to evaluate vegetation community response ;
( c) Sampling surface and subsurface waters to determine pollutant
loading , and changes from the natural variability of background
conditions ( pH , nutrients , heavy metals ) ;
( d ) Measuring base flow rates and stormwater runoff to model and
evaluate water quality predictions , if appropriate ;
( e ) Measuring sedimentation rates , if applicable ; and
(f) Sampling fish and wildlife populations to determine habitat
utilization , species abundance and diversity ;
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( 3 ) A monitoring protocol shall be included outlining how the monitoring
data will be evaluated by agencies that are tracking the progress of the
project ;
(4 ) Monitoring reports shall be submitted annually , or on a pre - arranged
alternate schedule , for the duration of monitoring period ;
( 5 ) Monitoring reports shall analyze the results of monitoring , documenting
milestones , successes , problems , and recommendations for corrective
and /or contingency actions to ensure success of the mitigation project .
e . Associated Plans and Other Permits . To ensure consistency with the final
mitigation plan , associated plans and permits shall be submitted , including ,
but not limited to :
( 1 ) Engineering construction plans ;
( 2 ) Final site plan or proposed plat ;
( 3 ) Final landscaping plan ;
(4 ) Habitat permit ;
( 5 ) WD FW H PA ;
( 6 ) USACE Section 404 permit ; and
( 7 ) WDOE Administrative Order or Section 401 certification .
f . Evidence of Financial and Scientific Proficiency . A description of how the
mitigation project will be managed during construction and the scientific
capability of the designer to successfully implement the proposed project . In
addition , a demonstration of the financial capability of the applicant to
successfully complete the project and ensure it functions properly at the end
of the specific monitoring period .
g . Contingency Plan . Identification of potential courses of action , and any
corrective measures to be taken when monitoring or evaluation indicates
project performance standards are not being met .
F . Wetland Permit — Application .
1 . Pre - Permit Consultation . Any person intending to apply for a wetland permit is
encouraged , but not required , to meet with the department during the earliest
possible stages of project planning in order to discuss wetland impact avoidance ,
minimization , compensatory mitigation , and the required contents of a mitigation
plan before significant commitments have been made to a particular project
design . Effort put into pre - permit consultations and planning will help applicants
create projects which will be more quickly and easily processed .
2 . Applications . Applications for wetland permits shall be made to the department on
forms furnished by the department and in conformance with Section 16 . 60 . 030 .
3 . Fees . At the time of application , the applicant shall pay a filing fee in accordance
with the most current fee schedule adopted by the city .
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G . Wetland Permit — Processing .
1 . Procedures . Wetland permit applications shall be processed using the application
procedures in Chapter 18 . 55 unless specifically modified herein .
a . Type I Wetland Permit . The following wetland permits shall be reviewed
under the Type I review process in accordance with CMC Chapter 18 . 55 :
( 1 ) Buffer modification only ;
( 2 ) Wetland impacts resulting in less than 0 . 10 acre of direct wetland
impact ;
( 3 ) Wetland permits associated with residential building permits ,
regardless of impact ,
( 4 ) Wetland permits associated with home business permits , regardless of
impact ;
( 5 ) Re - authorization of approved wetland permits ;
( 6 ) Programmatic wetland permits that are SEPA exempt .
b . Type II Wetland Permit . The following wetland permits shall be reviewed
under the Type II review process in accordance with CMC Chapter 18 . 55 :
( 1 ) Wetland impacts resulting in 0 . 10 acre , or more , of direct wetland
impact , other than residential building and home business permits ;
( 2 ) Programmatic wetland permits that require SEPA review ;
( 3 ) Programmatic permit applications subject to Type II review shall not be
subject to the notice requirements of Chapter 18 . 55 . Within fourteen
( 14 ) calendar days after the date an application is accepted as fully
complete , the city shall publish in a newspaper of general circulation a
summary of the notice , including the date , time and manner of making
comments , the nature and location of the proposal and instructions for
obtaining further information .
C . Type III Wetland Permit . Reasonable use exceptions , other than residential
and home occupation permits , made under Section 16 . 60 . 010 ( B ) ( 3 ) , shall
be reviewed under the Type III review process described in Chapter 18 . 55 .
2 . Consolidation . The department shall , to the extent practicable and feasible ,
consolidate the processing of wetland permits with other city regulatory programs
which affect activities in wetlands , such as SEPA review , subdivision , grading ,
and site plan approval , so as to provide a timely and coordinated permit process .
Where no other city permit or approval is required for the wetland activity , the
wetland permit shall be processed in accordance with a Type II process under
Chapter 18 . 55 .
3 . Notification . In addition to notices otherwise required , notice of application shall
be given to federal and state agencies that have jurisdiction over , or an interest
in , the affected wetlands . This notice may be incorporated into a SEPA comment
period .
H . Wetland Permit — Preliminary Approval .
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1 . Decision Maker . A wetland permit application which has been consolidated with
another permit or approval request which requires a public hearing ( e . g . ,
preliminary plat ) shall be heard and decided in accordance with the procedures
applicable to such other request . Any other wetland permit application shall be
acted on by the responsible official within the timeline specified in Chapter 18 . 55
for the required permit type .
2 . Findings . A decision preliminarily approving or denying a wetland permit shall be
supported by findings of fact relating to the standards and requirements of this
chapter .
3 . Conditions . A decision preliminarily approving a wetland permit shall incorporate
at least the following as conditions :
a . The approved preliminary mitigation plan ;
b . Applicable conditions provided for in Section 16 . 60 . 050 ( E ) ( 3 ) ;
c . Posting of a performance assurance pursuant to Section 16 . 60 . 050 ( J ) ; and
d . Posting of a maintenance assurance pursuant to Section
16 . 60 . 050 ( J ) .
4 . Duration . Wetland permit preliminary approval shall be valid for a period of three
( 3 ) years from the date of issuance or termination of administrative appeals or
court challenges , whichever occurs later , unless :
a . A longer period is specified in the permit ; or
b . The applicant demonstrates good cause to the responsible official ' s
satisfaction for an extension not to exceed an additional one ( 1 ) year .
I . Wetland Permit — Final Approval .
1 . Issuance . The responsible official shall issue final approval of the wetland permit
authorizing commencement of the activity permitted thereby upon :
a . Submittal and approval of a final mitigation plan pursuant to Section
16 . 60 . 050 ( E ) ( 3 ) ;
b . Installation and approval of field markings as required by Section
16 . 60 . 040 ( C ) ( 2 ) ;
c . The recording of a conservation covenant as required by Section
16 . 60 . 040 ( C ) ( 3 ) and included on the plat , short plat or site plan as required
by 16 . 60 . 040 ( C ) ( 4 ) ;
d . The posting of a performance assurance as required by Section
16 . 60 . 050 ( H ) ( 3 ) ;
2 . Duration .
a . Wetland or Wetland Buffer Impacts . Final approval shall be valid for the
period specified in the final wetland permit , or the associated development
approval . Extension of the permit shall only be granted in conjunction with
extension of an associated permit ;
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City/County Wetland Page 25
b . Compensatory Mitigation . The compensatory mitigation requirements of the
permit shall remain in effect for the duration of the monitoring and
maintenance period specified in the approval .
J . Wetland Permit Financial Assurances .
1 . Types of Financial Assurances . The responsible official shall accept the following
forms of financial assurances :
a . An escrow account secured with an agreement approved by the responsible
official ;
b . A bond provided by a surety for estimates that exceed five thousand dollars
( $ 5 , 000 ) ;
c . A deposit account with a financial institution secured with an agreement
approved by the responsible official ;
d . A letter of commitment from a public agency ; and
e . Other forms of financial assurance determined to be acceptable by the
responsible official .
2 . Financial Assurance Estimates . The applicant shall submit itemized cost
estimates for the required financial assurances . The responsible official may
adjust the estimates to ensure that adequate funds will be available to complete
the specified compensatory mitigation upon forfeiture . In addition the cost
estimates must include a contingency as follows :
a . Estimates for bonds shall be multiplied by one hundred fifty percent ( 150 % ) ,
b . All other estimates shall be multiplied by one hundred ten percent ( 110 % ) .
3 .. Waiver of Financial Assurances . For Type I wetland permits , the responsible
official may waive the requirement for one or both financial assurances if the
applicant can demonstrate to the responsible official ' s satisfaction that posting
the required financial assurances will constitute a significant hardship .
4 . Acceptance of Work and Release of Financial Assurances .
a . Release of Performance Assurance . Upon request , the responsible official
shall release the performance assurance when the following conditions are
met :
( 1 ) Completion of construction and planting specified in the approved
compensatory mitigation plan ;
( 2 ) Submittal of an as - built report documenting changes to the
compensatory mitigation plan that occurred during construction ;
( 3 ) Field inspection of the completed site ( s ) ; and
( 4 ) Provision of the required maintenance assurance .
b . Release of Maintenance Assurance . Upon request , the responsible official
shall release the maintenance assurance when the following conditions are
met :
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( 1 ) Completion of the specified monitoring and maintenance program ,
( 2 ) Submittal of a final monitoring report demonstrating that the goals and
objectives of the compensatory mitigation plan have been met as
demonstrated through :
( a ) Compliance with the specific performance standards established
in the wetland permit ; or
( b ) Functional assessment of the mitigation site ( s ) ; and
( c) Field inspection of the mitigations site ( s ) .
c . Incremental Release of Financial Assurances . The responsible official may
release financial assurances incrementally only if specific milestones and
associated costs are specified in the compensatory mitigation plan and the
document legally establishing the financial assurance .
5 . Transfer of Financial Assurances . The responsible official may release financial
assurances at any time if equivalent assurances are provided by the original or a
new permit holder.
6 . Forfeiture . If the permit holder fails to perform or maintain compensatory
mitigation in accordance with the approved wetland permit , the responsible
official may declare the corresponding financial assurance forfeit pursuant to the
following process :
a . The responsible official shall , by registered mail , notify the wetland permit
holder/agent that is signatory to the financial assurance and the financial
assurance holder of nonperformance with the terms of the approved
wetlands permit ;
b . The written notification shall cite a reasonable time for the permit holder , or
legal successor , to comply with provisions of the permit and state the city ' s
intent to forfeit the financial assurance should the required work not be
completed in a timely manner ;
c . Should the required work not be completed timely , the city shall declare the
assurance forfeit ;
d . Upon forfeiture of a financial assurance , the proceeds thereof shall be
utilized either to correct the deficiencies which resulted in forfeiture or , if
such correction is deemed by the responsible official to be impractical or
ineffective , to enhance other wetlands in the same watershed or contribute
to an established cumulative effects fund for watershed scale habitat and
wetland conservation .
K . Programmatic Permits for Routine* Maintenance and Operations of Utilities and Public
Facilities . The responsible official may issue programmatic wetland permits for routine
maintenance and operations of utilities and public facilities within wetlands and
wetland buffers , and for wetland enhancement programs . It is not the intent of the
programmatic permit process to deny or unreasonably restrict a public agency or
utility ' s ability to provide services to the public . Programmatic permits only authorize
activities specifically identified in and limited to the permit approval and conditions .
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1 . Application Submittal Requirements . Unless waived by the responsible official
with specific findings in the approval document in accordance with Section
16 . 60 . 050 ( K ) ( 2 ) , applications for programmatic wetland permits shall include a
programmatic permit plan that includes the following :
a . A discussion of the purpose and need for the permit ;
b . A description of the scope of activities in wetlands and wetland buffers ;
c . Identification of the geographical area to be covered by the permit ;
d . The range of functions and values of wetlands potentially affected by the
permit ;
e . Specific measures and performance standards to be taken to avoid ,
minimize and mitigate impacts on wetland functions and values including :
( 1 ) Procedures for identification of wetlands and wetland buffers ;
( 2 ) Maintenance practices proposed to be used ;
( 3 ) Restoration measures ;
(4 ) Mitigation measures and assurances ;
( 5 ) Annual reporting to the responsible official that documents compliance
with permit conditions and proposes any additional measures or
adjustments to the approved programmatic permit plan ;
( 6 ) Reporting to the responsible official any specific wetland or wetland
buffer degradations resulting from maintenance activities when the
degradation occurs or within a timely manner ;
( 7 ) Responding to any department requests for information about specific
work or projects ;
( 8 ) Procedures for reporting and /or addressing activities outside the scope
of the approved permit ; and
( 9 ) Training all employees , contractors and individuals under the
supervision of the applicant who are involved in permitted work .
2 . Findings . A decision preliminarily approving or denying a programmatic wetland
permit shall be supported by findings of fact relating to the standards and
requirements of this chapter .
3 . Approval Conditions . Approval of a programmatic wetland permit shall incorporate
at least the following as conditions :
a . The approved programmatic permit plan ;
b . Annual reporting requirements ; and
c . A provision stating that duration of the permit .
4 . Duration and Re - authorization .
a . The duration of a programmatic permit is for five ( 5 ) years , unless :
( 1 ) An annual performance based re - authorization program is approved
within the permit ; or
( 2 ) A shorter duration is supported by findings .
b . Requests for re - authorization of a programmatic permit must be received
prior to the expiration of the original permit .
( 1 ) Re - authorization is reviewed and approved through the process
described in Section 16 . 60 . 050 ( K ) ( 1 ) .
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( 2 ) Permit conditions and performance standards may be modified through
the re - authorization process .
( 3 ) The responsible official may temporarily extend the original permit if
the review of the re - authorization request extends beyond the
expiration date .
L . Wetland Permit — Emergency .
1 . Authorization . Notwithstanding the provisions of this chapter or any other laws to
the contrary , the responsible official may issue prospectively or , in the case of
imminent threats , retroactively a temporary emergency wetlands permit if :
a . The responsible official determines that an unacceptable threat to life or loss
of property will occur if an emergency permit is not granted ; and
b . The anticipated threat or loss may occur before a permit can be issued or
modified under the procedures otherwise required by this act and other
applicable laws .
2 . Conditions . Any emergency permit granted shall incorporate , to the greatest
extent practicable and feasible but not inconsistent with the emergency situation ,
the standards and criteria required for nonemergency activities under this act and
shall :
a . Be limited in duration to the time required to complete the authorized
emergency activity , not to exceed ninety ( 90 ) days ; and
b . Require , within this ninety ( 90 ) day period , the restoration of any wetland
altered as a result of the emergency activity , except that if more than the
ninety ( 90 ) days from the issuance of the emergency permit is required to
complete restoration , the emergency permit may be extended to complete
this restoration .
3 . Notice . Notice of issuance of an emergency permit shall be published in a
newspaper having general circulation in the City of Camas not later than ten ( 10 )
days after issuance of such permit .
4 . Termination . The emergency permit may be terminated at any time without
process upon a determination by the responsible official that the action was not
or is no longer necessary to protect human health or the environment .
M . Revocation . In addition to other remedies provided for elsewhere in this chapter , the
responsible official may suspend or revoke wetland permit ( s ) issued in accordance
with this chapter and associated development permits , pursuant to the provisions of
Title 18 of the Camas Municipal Code , if the applicant or permittee has not complied
with any or all of the conditions or limitations set forth in the permit , has exceeded the
scope of work set forth in the permit , or has failed to undertake the project in the
manner set forth in the permit .
N . Enforcement . At such time as a violation of this chapter has been determined ,
enforcement action shall be commenced in accordance with the enforcement
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provisions of CMC Chapter 18 . 55 , and may also include the following :
1 . Applications for city land use permits on sites that have been cited or issued an
administrative notice of correction or order under Title 18 , or have been
otherwise documented by the City for activities in violation of this chapter , shall
not be processed for a period of six ( 6 ) years provided :
a . The city has the authority to apply the permit moratorium to the property ;
and
b . The city records the permit moratorium ;
c . The responsible official may reduce or wave the permit moratorium duration
upon approval of a wetland permit under Section 16 . 60 . 050 .
2 . Compensatory mitigation requirements under Sections 16 . 60 . 050 ( C ) and ( D ) may
be increased by the responsible official as follows :
a . All or some portion of the wetland or wetland buffer impact cannot be
permitted or restored in place ; and
b . Compensatory mitigation for the impact is delayed more than one year from
the time of the original citation or documentation of the violation .
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01 /02/07 adopted
City/County Wetland Page 30
Exhibit " B "
Chapter 16 . 95 Fish and Wildlife Habitat Conservation Areas
Sections :
16 . 95 . 010 Designation of fish and wildlife habitat conservation areas
16 . 95 . 020 Critical area report — Requirements for habitat conservation
areas
16 . 95 . 030 Performance standards — Basic requirements
16 . 95 . 040 Performance standards — Specific habitats
16 . 95 . 010 Designation of fish and wildlife habitat conservation areas
A . Fish and wildlife habitat conservation areas include :
1 . Areas with which state or federally designated endangered , threatened , and
sensitive species have a primary association . The presence or absence of
such species shall be determined by the field studies required by this section .
Lists , categories and definitions of species promulgated by NMFS and WDFW
are provided to the city to be used for guidance only .
2 . State priority habitats and areas associated with state priority species .
Priority habitats and species are considered to be priorities for conservation and
management . Priority species require protective measures for their perpetuation
due to their population status , sensitivity to habitat alteration , and /or recreational ,
commercial , or tribal importance . Priority habitats are those habitat types or
elements with unique or significant value to a diverse assemblage of species . A
priority habitat may consist of a unique vegetation type or dominant plant
species , a described successional stage , or a specific structural element . Priority
habitats and species are identified by the state Department of Fish and Wildlife .
3 . Habitats of local importance as identified by the City ' s Parks and Open
Space Plan as natural open space , oras listed below :
a . Oregon White Oaks :
i . Individual Oregon White Oak trees with a 20 inch diameter at breast
height ( 20 dbh ) .
ii . Stands of Oregon White Oak trees greater than one ( 1 ) acres , when they
are found to be valuable to fish and wildlife ( i . e , may include trees with
cavities , large diameter breast height ( 12 dbh ) , are used by priority
species , or have a large canopy .
iii . All Oregon White Oak snags unless determined by an arborist to be a
hazard .
b . Camas Lilly : To the extent practicable , Camas lily field of a significant
concentration ( 1 /4 acre ) shall be preserved . If impacts or removal of
significant concentrations of Camas lily are proposed , the proposal must
include an evidence that the exploration of development options has
included : ( a ) maintaining Camas lily concentrations as they currently exist on
site and ( b ) the option of transplanting Camas lily concentrations to other
portions of the property . The proposal may be approved as proposed
provided a finding is made based upon evidence that options ( a ) and ( b ) have
City of Camas
01 /02 /07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
been explored , that it is not possible to maintain significant concentrations of
Camas lily onsite .
4 . Naturally occurring ponds under twenty ( 20 ) acres . Naturally occurring ponds
are those ponds under twenty ( 20 ) acres and their submerged aquatic beds that
provide fish or wildlife habitat , including those artificial ponds intentionally created
from dry areas in order to mitigate impacts to ponds . Naturally occurring ponds
do not include ponds deliberately designed and created from dry sites , such as
canals , detention facilities , wastewater treatment facilities , farm ponds , temporary
construction ponds , and landscape amenities , unless such artificial ponds were
intentionally created for mitigation .
5 . Waters of the state . . Waters of the state includes lakes , rivers , ponds , streams ,
inland waters , underground waters , salt waters , and all other surface waters and
watercourses within the jurisdiction of the state of Washington , as classified in
WAC 222 - 16 - 031 , or its successor . This does not include man - made ditches or
bio - swales that have been created from areas not meeting the definition of
waters of the state . Furthermore , wetlands designation and protection are
regulated under CMC 16 . 60 .
6 . Bodies of water planted with game fish by a governmental or tribal entity .
7 . State natural area preserves and natural resource conservation areas .
Natural area preserves and natural resource conservation areas are defined ,
established , and managed by the state Department of Natural Resources .
All areas within the City of Camas meeting one or more of these criteria , regardless
of any formal identification , are hereby designated critical areas and are subject to
the provisions of this Title .
B . Mapping . The approximate location and extent of habitat conservation areas are
shown on the critical area maps adopted by the City of Camas , as most recently
updated . Existing and updated Washington Department of Fish and Wildlife
(WDFW) and Department of Natural Resources ( DNR ) mapping of priority habitat ,
water types , shore zones , salmonoid distribution , and State Natural Resources
Preserves is hereby adopted by reference . WDFW and DNR mapping is to be used
for guidance purposes only . In addition , the mapping included within the Camas
Parks and Open Space Plan identifies areas of potential natural open spaces .
These maps are to be used as a guide for the City of Camas , project applicants
and /or property owners , and should be continuously updated as new critical areas
are identified . They are a reference and do not provide a final critical area
designation .
16 . 95 . 020 Critical area report — Requirements for habitat conservation areas
A . Prepared by a qualified professional . A critical areas report for a habitat
conservation area shall be prepared by a qualified professional who is a biologist with
experience preparing reports for the relevant type of habitat .
B . Areas addressed in critical area report . The following areas shall be addressed in a
critical area report for habitat conservation areas :
City of Camas
01 /02 /07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
1 . Within a subject parcel or parcels , the project area of the proposed activity ;
2 . All wetlands and recommended buffer zones within three hundred ( 300 ) feet of
the project area within the subject parcel or parcels ;
3 . All shoreline areas , water features , flood plains , and other critical areas , and
related buffers within three hundred ( 300 ) feet of the project area within the
subject parcel or parcels , and
4 . The project design and the applicability of the buffers based on the proposed
layout and the level of land use intensity .
C . Habitat assessment . A habitat assessment is an investigation of the project area to
evaluate the presence or absence of a potential critical fish or wildlife species or
habitat . A critical area report for a habitat conservation area shall contain an
assessment of habitats including the following site - and proposal - related information
at a minimum :
1 . Detailed description of vegetation on and adjacent to the project area ;
2 . Identification of any species of local importance , priority species , or endangered ,
threatened , sensitive or candidate species that have a primary association with
habitat on or adjacent to the project area , and assessment of potential project
impacts to the use of the site by the species ;
3 . A discussion of any federal , state , or local special management
recommendations , including Department of Fish and Wildlife habitat
management recommendations , that have been developed for species or
habitats located on or adjacent to the project area ;
4 . A discussion of measures , including avoidance , minimization and mitigation ,
proposed to preserve existing habitats and restore any habitat that was degraded
prior to the current proposed land use activity and to be conducted in accordance
with Mitigation sequencing [ Section 16 . 50 . 170 ] ; and
5 . A discussion of ongoing management practices that will protect habitat after the
project site has been developed , including proposed monitoring and maintenance
programs .
D . Additional information may be required . When appropriate due to the type of
habitat or species present or the project area conditions , the director may also
require the habitat management plan to include :
1 . An evaluation by the Department of Fish and Wildlife or qualified expert
regarding the applicant ' s analysis and the effectiveness of any proposed
mitigating measures or programs , to include any recommendations as
appropriate ;
2 . An evaluation by the local Native American Indian Tribe ; and
City of Camas
01 /02 /07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
3 . Detailed surface and subsurface hydrologic features both on and adjacent to the
site .
16 . 95 . 030 Performance standards — General requirements
A . Mitigation Standards
1 . Applicants proposing activities subject to this chapter shall demonstrate that the
activity :
a . Substantially maintains the level of habitat functions and values as
characterized and documented using best available science ; and
b . Minimizes habitat disruption or alteration beyond the extent required to
undertake the proposal .
2 . If it is determined that habitat designated under this chapter will incur a net loss
in functions and values , all losses shall be mitigated on - site as a first priority , and
off- site thereafter .
a . Where onsite mitigation that could adequately address the loss is infeasible ,
11 the . applicant shall consult with a qualified habitat restoration specialist , the
City , and the Washington State Department of Fish and Wildlife regarding off-
site mitigation . Mitigation shall prioritize the preservation and restoration of
Lower Washougal River instream and riparian habitat and should be guided
by the Washougal River Subbasin chapter of the Lower Columbia Salmon
Recovery Plan .
b . If onsite mitigation is infeasible , payment may be accepted in lieu of an off-
site mitigation project . At a minimum , such payment shall be equivalent to
the cost of implementing an acceptable off- site project , as estimated by a
qualified professional approved by the City , in consultation with the
Washington State Department of Fish and Wildlife . The City shall use these
funds for habitat improvements it believes are in the best interest of the City
and provide a greater ecological benefit than the alternative offsite project .
Habitat improvements under this section are subject to the following criteria :
( i ) Fees will be used to find a clearly - defined mitigation project ;
( ii ) The project being funded will result in an increase in function that
adequately compensates for the permitted impacts ;
( iii ) Preference is given to projects within the same drainage basin as the
impact , if they can provide similar functional improvements ;
( iv ) There is a clear timeline for completing the mitigation project ; and
( v ) There are provisions for long -term protection and management , including
mechanisms such as conservation easements , and funding for long -term
monitoring and maintenance of the site .
City of Camas
01 /02/07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
3 . Alternate Mitigation .
a . Habitat Mitigation Banking .
( 1 ) Construction , enhancement or restoration of habitat to use as
mitigation for future habitat development impacts is permitted subject to
the following :
( a ) A critical area permit shall be obtained prior to any mitigation
banking . If a habitat permit is not obtained prior to mitigation bank
construction , mitigation credit shall not be awarded . On projects
proposing off- site habitat banking in addition to required habitat
mitigation , a separate habitat permit shall be required for each
activity .
( b ) Federal and state habitat regulations , if applicable , may
supersede city requirements ;
( 2 ) The mitigation credit allowed will be determined by the city , based on
the habitat category , condition and mitigation ratios as specified in this
chapter . Prior to granting mitigation banking credit , all habitat
mitigation banking areas must comply with the applicable sections of
this chapter and Chapter 16 . 50 .
( 3 ) On projects proposing off- site habitat banking in addition to required
habitat mitigation , a separate permit fee will be required for each
activity ;
( 4 ) Purchase of banked habitat credits is permitted to mitigate for habitat
impacts in the same watershed provided the applicant has minimized
habitat impacts , where reasonably possible , and the following
requirements are met :
( a ) Documentation , in a form approved by the Prosecuting Attorney ,
adequate to verify the transfer of habitat credit shall be submitted ,
and
( b ) A plat note along with information on the title shall be recorded in a
form approved by the Prosecuting Attorney as adequate to give
notice of the requirements of this section being met by the
purchase of banked habitat credits ;
4 . Subject to individual circumstances , potential mitigation measures may include ,
but are not limited to , the following :
a . Establishment of buffers ;
b . Requirement of a performance bond , when necessary , to ensure completion
and success of proposed mitigation ;
c . Avoiding the impact all together by not taking a certain action or parts of an
action ;
City of Camas
01 /02/07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
d . Exploring alternative on - site locations to avoid or reduce impacts of activities ;
e . Preserving important vegetation and natural habitat features by establishing
buffers or by limiting clearing or alteration ,
f. Replacing invasive exotic plants with native species ( refer to the Clark County
Native Plant Communities Guide or other relevant publication for guidance ) ;
g . Prohibiting introduction of invasive plant species in habitat areas ;
h . Enhancing , restoring or replacing vegetation or other habitat features and
functions ;
i . Using native plants where appropriate when planting within habitat areas
( refer to the Clark County Native Plant Communities Guide or other relevant
publication for guidance ) ;
j . Managing access to habitat areas , including exclusionary fencing for livestock
if needed ;
k . Using existing stream crossings whenever a review of suitability , capacity ,
access and location , habitat impacts of alternatives , maintenance , liability and
economics indicate the existing crossing is feasible ;
I . Constructing new stream crossings , when necessary , in conformance to the
water crossing structure standards in WAC 220 . 110 - 070 ( Hydraulic Code
Rules ) , which are incorporated by reference ;
m . Seasonally restricting construction activities ;
n . Implementing best management practices and integrated management
practices ;
o . Monitoring or review of impacts and assurance of stabilization of the area ;
p . Establishing performance measures or bonding ,
q . Establishing conservation covenants and other mechanisms to ensure long -
term preservation or maintenance of mitigation actions ;
r . Utilizing low impact development techniques ;
s . Promoting water quality by limiting the use of lawn and garden chemicalsin
habitat areas ; and /or
t . Avoiding topsoil removal and minimizing topsoil compaction ;
B . Non - indigenous species shall not be introduced via mitigation . No plant ,
wildlife , or fish species not indigenous to the region shall be introduced , via
mitigation , into a habitat conservation area .
City of Camas
01 /02/07 City Council Adoption
Consultant/Work Group Version
TVa
Exhibit " B "
C . Mitigation should result in contiguous corridors . In accordance with a mitigation
plan , mitigation sites should preferably be located by the following and in priority
order :
1 . On - site and contiguous to wildlife habitat corridors ; or
2 . Off- site that is adjacent to the subject site and contiguous to wildlife habitat
corridors ; or
3 . Mitigation within the natural open space network , as identified in the
Comprehensive Parks and Open Space Plan , may be allowed for off- site
mitigation or in place of on - site mitigation , where development and mitigation will
result in an isolating effect on the habitat .
D . Approvals of activities may be conditioned . The director shall condition
approvals of activities allowed within or adjacent to a habitat conservation area or its
buffers , as necessary to minimize or mitigate any potential adverse impacts .
Conditions may include , but are not limited to : 1 ) Establishment of buffers ; 2 )
Preservation of critically important vegetation ; 3 ) Limitation of access to the habitat
area , including fencing to deter unauthorized access ; 4 ) Seasonal restriction of
construction activities ; 5 ) Establishment of a duration and timetable for periodic
review of mitigation activities ; and 6 ) Requirement of a performance bond , when
necessary , to ensure completion and success of proposed mitigation .
E . Buffers
1 . Establishment of buffers . The director shall require the establishment of buffer
areas for activities in , or adjacent to , habitat conservation areas when needed to
protect habitat conservation areas . Buffers shall consist of an undisturbed area
of native vegetation , or areas identified for restoration , established to protect the
integrity , functions and values of the affected habitat . Required buffer widths
shall reflect the sensitivity of the habitat and the type and intensity of human
activity proposed to be conducted nearby , and should be consistent with the
management recommendations issued by the state Department of Fish and
Wildlife .
2 . Seasonal restrictions . When a species is more susceptible to adverse impacts
during specific periods of the year , seasonal restrictions may apply . Larger
buffers may be required and activities may be further restricted during the
specified season .
3 . Habitat buffer averaging . The director may allow the recommended habitat
area buffer width to be averaged in accordance with a critical area report , only if :
a . It will not reduce stream or habitat functions ;
b . It will not adversely affect salmonid habitat ;
c . It will provide additional natural resource protection , such as buffer
enhancement ;
d . The total area contained in the buffer area after averaging is no less than that
which would be contained within the standard buffer ;
e . The buffer area width is not reduced by more than fifty percent ( 50 % ) in any
location ; and
f . The buffer area width is not less than twenty-five ( 25 ) feet .
City of Camas
01 /02/07 City Council Adoption
Consultant/Work Group Version
Exhibit '-' B "
F . Mitigation plan requirements . When mitigation is required , the applicant shall
submit a mitigation plan as part of the Critical Areas Report . The mitigation plan shall
include :
1 . Detailed construction plans . The mitigation plan shall include descriptions of the
mitigation proposed , such as :
a . The proposed construction sequence , timing , and duration ;
b . Grading and excavation details ;
c . Erosion and sediment control features ;
d . A planting plan specifying plant species , quantities , locations , size , spacing , and
density ; and
e . Measures to protect and maintain plants until established .
These written descriptions shall be accompanied by detailed site diagrams , scaled
cross - sectional drawings , topographic maps showing slope percentage and final
grade elevations , and any other drawings appropriate to show construction
techniques or anticipated final outcome .
2 . Monitoring program . The mitigation plan shall include a program for monitoring
construction of the mitigation project and for assessing a completed project . A
protocol shall be included outlining the schedule for site monitoring , and how the
monitoring data will be evaluated to determine if the performance standards are
being met . A monitoring report shall be submitted as needed to document
milestones , successes , problems , and contingency actions of the mitigation project .
The mitigation project shall be monitored for a period necessary to establish that
performance standards have been met , but not for a period less than 5 years .
The City shall notify the responsible party in writing once the conditions of the
monitoring plan are met .
3 . Adaptive management . The mitigation plan shall include identification of potential
courses of action , and any corrective measures to be taken if monitoring or
evaluation indicates project performance standards are not being met .
% 95 . 040 Performance standards — Specific habitats
A . Endangered , threatened , and sensitive species
1 . No development shall be allowed within a habitat conservation area or buffer
with which state or federally endangered , threatened , or sensitive species
have a documented presence .
2 . Activities proposed adjacent to a habitat conservation area with which state
or federally endangered , threatened , or sensitive species have a documented
presence shall be protected through the application of protection measures in
accordance with a critical area report prepared by a qualified professional
and approved by the City of Camas . Approval for alteration of land adjacent
to the habitat conservation area or its buffer shall include consultation with
the Department of Fish and Wildlife and the appropriate federal agency .
B . Anadromous fish
1 . All activities , uses , and alterations proposed to be located in water bodies
used by anadromous fish or in areas that affect such water bodies shall give
special consideration to the preservation and enhancement of anadromous
fish habitat , including , but not limited to , adhering to the following standards :
City of Camas
01 /02 /07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
a . Activities shall be timed to occur only during the allowable work window
as designated by the Department of Fish and Wildlife for the applicable
species ;
b . An alternative alignment or location for the activity is not feasible ;
c . The activity is designed so that it will not degrade the functions or values
of the fish habitat or other critical areas ; and
d . Any impacts to the functions or values of the habitat conservation area
are mitigated in accordance with an approved critical area report .
2 . Structures that prevent the migration of salmonids shall not be allowed in the
portion of water bodies used by anadromous fish . Fish bypass facilities shall
be provided that allow the upstream migration of adult fish and shall prevent
fry and juveniles migrating downstream from being trapped or harmed .
3 . Fills may only intrude into water bodies used by anadromous fish when
consistent with the Camas Shoreline Master Program and the applicant
demonstrates that the fill is for a water- dependent use that is in the public
interest .
C . Wetland habitats . All proposed activities within or adjacent to habitat conservation
areas containing wetlands shall , at a minimum , conform to the wetland development
performance standards set forth in Wetlands [ Chapter 16 . 60 ] .
D . Stream buffer widths . Stream buffers are established for habitats that include
aquatic systems . Unless otherwise allowed in this Title , all structures and activities
shall be located outside of the stream buffer area .
The following base stream buffer widths are based upon the Washington Department
of Natural Resources ( DNR ) Water Typing System and further classification based
upon fish presence ( Fish bearing v . Non -fish Bearing ) for Type F streams existing in
the City of Camas . Widths shall be measured outward , on the horizontal plane , from
the ordinary high water mark or from the top of bank if the ordinary high water mark
cannot be identified . Buffer areas should be sufficiently wide to achieve the full
range of riparian and aquatic ecosystem functions , which include but are not limited
to protection of instream fish habitat through control of temperature and
sedimentation in streams ; preservation of fish and wildlife habitat ; and connection of
riparian wildlife habitat to other habitats .
Stream Buffer Widths
Stream type Base buffer width
Type S 150 feet
Type F , anadromous fish bearing stream flowing to 100 feet
reaches with anadromous fish bearing access
Type F , anadromous fish bearing stream flowing to 75 feet
reaches without anadromous fish bearing access
Type F , non - anadromous fish bearin stream 75 feet
Type N p 50 feet
Type Ns 25 feet
City of Camas
01 /02/07 City Council Adoption
Consultant/Work Group Version
Exhibit " B "
1 . Increased stream buffer area widths . The base stream buffer width may be
increased , as follows :
a . When the director determines that the base width is insufficient to prevent
habitat degradation and to protect the structure and functions of the habitat
area ; and
b . When the habitat area is within an erosion or landslide hazard area , or buffer ,
the stream buffer area shall be the base width , or the erosion or landslide
hazard area or buffer , whichever is greater .
2 . Stream buffer area reduction and averaging . The director may allow the base
stream buffer area width to be reduced in accordance with a critical area report
only if:
a . The width reduction will not reduce or degrade stream or habitat functions ,
including anadromous fish habitat and those of nonfish habitat ;
b . The stream buffer area width is not reduced by more than fifty percent ( 50 % )
in any one location ;
c . The stream buffer area width is not reduced to less than fifteen ( 15 ) feet ;
d . The width reduction will not be located within another critical area or
associated buffer and the reduced stream buffer area width is supported by
best available science ;
e . All undeveloped lands within total area will be left undeveloped in perpetuity
by covenant , deed restriction , easement or other legally binding mechanism ;
f . The buffer averaging plan shall be conducted ` in consultation with a qualified
biologist and the plan shall be submitted to the Washington Department of
Fish and Wildlife for comment ; and
g . The director will use the recommendations of the qualified experts in making
his / her decision on a plan that uses buffer averaging .
3 . Stream buffer mitigation . Mitigation of adverse impacts to stream buffer areas
shall result in equivalent functions and values , on a per function basis , and be
located in the same drainage basin as the habitat impacted .
4 . Alternative mitigation for stream buffer areas . The requirements set forth in
this Section may be modified at the City of Camas ' s discretion if the applicant
demonstrates that greater habitat functions , on a per function basis , can be
obtained in the affected drainage basin as a result of alternative mitigation
measures .
E . Stream buffer areas , ponds , lakes , and waters of the state . The following
specific activities may be permitted within a stream buffer area , pond , lake , and
water of the state , or associated buffer when the activity complies with the provisions
set forth in the City of Camas Shoreline Master Program and subject to the following
standards :
1 . Clearing and Grading . When clearing and grading is permitted as part of an
authorized activity or as otherwise allowed in these standards , the following shall
apply :
a . Grading is allowed only during the dry season , which is typically regarded as
beginning on May 1 st and ending on October 1 st of each year , provided that
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Exhibit " B "
the City of Camas may extend or shorten the dry season on a case - by - case
basis .
b . Filling or modification of a wetland or wetland buffer is permitted only if it is
conducted as part of an approved wetland alteration .
c . Erosion and sediment control that meets or exceeds the standards set forth in
the City of Camas Design Standards Manual shall be provided .
2 . Streambank stabilization . Streambank stabilization to protect new structures
from future channel migration is not permitted except when such stabilization is
achieved through bioengineering or soft armoring techniques in accordance with
an approved critical area report .
3 . Launching ramps — Public or private . Launching ramps may be permitted in
accordance with an approved critical area report that has demonstrated the
following :
a . The project will not result in increased beach erosion or alterations to , or loss
of , shoreline substrate within one - quarter ( 1 /4 ) mile of the site ; and
b . The ramp will not adversely impact critical fish or wildlife habitat areas or
associated wetlands .
4 . Docks . Repair and maintenance of an existing dock or pier may be permitted
subject to the following :
a . There is no increase in the use of materials creating shade for predator
species ;
b . There is no expansion in overwater coverage ;
c . There is no increase in the size and number of pilings ; and
d . There is no use of toxic materials ( such as creosote ) that come in contact
with the water .
5 . Roads , trails , bridges , and rights -of-way . Construction of trails , roadways ,
and minor road bridging , less than or equal to the city ' s street standards , may be
permitted in accordance with an approved critical area report subject to the
following standards :
a . The crossing minimizes interruption of downstream movement of wood and
gravel ;
b . Mitigation for impacts is provided pursuant to a mitigation plan of an approved
critical area report ;
c . If applicable , road bridges are designed according to the Department of Fish
and Wildlife Fish Passage Design at Road Culverts , March 1999 , and the
National Marine Fisheries Service Guidelines for Salmonid Passage at
Stream Crossings , 2000 ; and
d . Trails and associated viewing platforms shall not be made of continuous
impervious materials .
6 . Utility Facilities . New underground utility lines and facilities may be permitted to
cross watercourses in accordance with an approved critical area report if they
comply with the following standards :
a . Installation shall be accomplished by boring beneath the scour depth and
hyporheic zone ( sediments underlying the surface stream ) of the water body ;
b . The utilities shall cross at an angle greater than sixty ( 60 ) degrees to the
centerline of the channel in streams or perpendicular to the channel
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Exhibit " B "
centerline whenever boring under the channel is not feasible and shall be
contained within the footprint of an existing road or utility crossing where
possible ; and
c . The utility route should avoid paralleling the stream or following a down -valley
course near the channel ; and installation shall not increase or decrease the
natural rate of shore migration or channel migration .
7 . Public flood protection measures . New public flood protection measures and
expansion of existing ones may be permitted , subject to the City of Camas ' s
review and approval of a critical area report and the approval of a Federal
Biological Assessment by the federal agency responsible for reviewing actions
related to a federally listed species .
8 . Instream structures . Instream structures , such as high flow bypasses ,
sediment ponds , instream ponds , retention and detention facilities , tide gates ,
dams , and weirs , shall be allowed only as part of an approved watershed basin
restoration project approved by the City of Camas and upon acquisition of any
required state or federal permits . The structure shall be designed to avoid
modifying flows and water quality in ways that may adversely affect habitat
conservation areas .
9 . Stormwater conveyance facilities . Conveyance structures may be permitted in
accordance with an approved critical area report subject to the following
standards :
a . Mitigation for impacts is provided ;
b . Instream stormwater conveyance facilities shall incorporate fish habitat
features ; and
c . Vegetation shall be maintained and , if necessary , added adjacent to all open
channels and ponds in order to retard erosion , filter out sediments , and shade
the water .
10 . on -site sewage systems and wells . All developments subject to review under
this section shall be connected to City water and sanitary facilities . Existing
private water and sanitary facilities shall be abandoned in a manner consistent
with state law .
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Exhibit " B "
Appendix A
Water Typing System ( WAC 222 - 16 - 030 , or successor )
" Type S Water" means all waters , within their bankfull width , as inventoried as
" shorelines of the state " under chapter 00 . 58 RCW and the rules promulgated pursuant
to chapter 00 . 58 RCW including periodically inundated areas of their associated
wetlands .
" Type F Water" means segments of natural waters other than Type S Waters , which
are within the bankfull widths of defined channels and periodically inundated areas of
their associated wetlands , or within lakes , ponds , or impoundments having a surface
area of 0 . 5 acre or greater at seasonal low water and which in any case contain fish
habitat or are described by one of the following four categories :
( a ) Waters , which are diverted for domestic use by more than 10 residential or camping
units or by a public accommodation facility licensed to serve more than 10 persons ,
where such diversion is determined by the department to be a valid appropriation of
water and the only practical water source for such users . Such waters shall be
considered to be Type F Water upstream from the point of such diversion for 1 , 500 feet
or until the drainage area is reduced by 50 percent , whichever is less ,
( b ) Waters , which are diverted for use by federal , state , tribal or private fish hatcheries .
Such waters shall be considered Type F Water upstream from the point of diversion for
1 500 feet , including tributaries if highly significant for protection of downstream water
quality . The department may allow additional harvest beyond the requirements of Type F
Water designation provided the department determines after a landowner- requested on -
site assessment by the department of fish and wildlife , department of ecology , the
affected tribes and interested parties that :
( i ) The management practices proposed by the landowner will adequately protect
water quality for the fish hatchery ; and
( ii ) Such additional harvest meets the requirements of the water type designation
that would apply in the absence of the hatchery ;
( c) Waters , which are within a federal , state , local , or private campground having more
than 10 camping units : Provided , That the water shall not be considered to enter a
campground until it reaches the boundary of the park lands available for public use and
comes within 100 feet of a camping unit , trail or other park improvement ;
( d ) Riverine ponds , wall - based channels , and other channel features that are used by
fish for off- channel habitat . These areas are critical to the maintenance of optimum
survival of fish . This habitat shall be identified based on the following criteria :
( i ) The site must be connected to a fish habitat stream and accessible during
some period of the year ; and
( ii ) The off- channel water must be accessible to fish .
" Type Np Water" means all segments of natural waters within the bankfull width of
defined channels that are perennial nonfish habitat streams . Perennial streams are
waters that do not go dry any time of a year of normal rainfall . However , for the purpose
of water typing , Type Np Waters include the intermittent dry portions of the perennial
channel below the uppermost point of perennial flow . If the uppermost point of perennial
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Exhibit " B "
flow cannot be identified with simple , nontechnical observations ( see board manual ,
section 23 ) , then Type Np Waters begin at a point along the channel where the
contributing basin area is :
( a ) At least 13 acres in the Western Washington coastal zone (which corresponds to the
Sitka spruce zone defined in Franklin and Dyrness , 1973 ) ;
( b ) At least 52 acres in other locations in Western Washington ;
( c ) At least 300 acres in Eastern Washington .
" Type Ns Water" means all segments of natural waters within the bankfull width of the
defined channels that are not Type S , F , or Np Waters . These are seasonal , nonfish
habitat streams in which surface flow is not present for at least some portion of a year of
normal rainfall and are not located downstream from any stream reach that is a Type Np
Water . Ns Waters must be physically connected by an above - ground channel system to
Type S , F , or Np Waters .
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Consultant/Work Group Version