18E.30.030 Wetland Review Procedures

18E.30.030 Wetland Review Procedures.

1. The Critical Areas Atlas – County Wetland Inventory Maps provides an indication of where potential wetlands are located within the County. The actual presence or location of a potential wetland or a potential wetland that has not been mapped, but may be present on or adjacent to a site shall be determined using the procedures and criteria established in this Chapter.

2. The Department will complete a review of the Critical Areas Atlas – County Wetland Inventory Maps and other source documents for any proposed regulated activity to determine whether the project area for a proposed single-family dwelling unit or site for all other proposed regulated activities is located within a potential wetland. Identification of a potential wetland may also occur as a result of field investigations conducted by Department staff.

3. When the Department's maps, sources, or field investigation indicate that a potential wetland is located within 315 feet of the project area for a proposed one family dwelling unit or within 315 feet of the site for all other proposed regulated activities, the Department shall require a site evaluation (field investigation) to determine whether or not a regulated wetland is present and if so, its relative location in relation to the proposed project area or site. The findings of the site evaluation shall be documented as outlined in PCC 18E.30.030 B., C., D., or E. below.

4. If Department staff completes the site evaluation and determines that no regulated wetlands are present, then wetland review will be considered complete.

5. All site evaluations shall include a proposed categorization of the wetland in accordance with the guidelines set forth in PCC 18E.30.020 B. and a calculation of the standard wetland buffer as set forth in PCC 18E.30.060.

6. Unless otherwise stated in this Chapter, the critical area protective measure provisions contained in PCC 18E.10.080 shall apply.

B. General Wetland Review. General wetland review shall include the submittal of a wetland verification report or a wetland analysis report, together with a wetland application and fee. (See Figure 18E.30-2 in Chapter 18E.120 PCC.)

a. A wetland verification report shall be submitted when the site evaluation determines that:

(1) No regulated wetland is present within 315 feet of the site;

(2) A regulated wetland is present, but its standard buffer does not extend within the site; or

(3) Wetlands are identified but are evaluated and found to be non-regulated as set forth in PCC 18E.20.030 K.

b. The wetland verification report shall include data sheets, site maps, and other field data and information necessary to confirm wetland presence or absence and category. If non-regulated wetlands (refer to PCC 18E.20.030 K.) are identified, a site plan must be provided that identifies their location.

c. The wetland verification report shall identify and discuss wetland boundaries within the site as well as those that extend offsite. Offsite wetlands and associated standard buffers do not have to be marked in the field.

d. Department staff shall review the wetland verification report and either:

(1) Accept the report and approve the wetland application; or

(2) Reject the report and require the submittal of a wetland analysis report.

a. If a regulated wetland or its standard buffer extends onto the site, the Department shall require a wetland analysis report. Information required in a wetland analysis report is identified in PCC 18E.30.070 – Appendix B.

b. If the Department determines that a Category I wetland is onsite which is associated with documented habitat for endangered, threatened, or sensitive species or for potentially extirpated plant species recognized by State or Federal agencies, the Department shall also require the submittal of a habitat assessment report as set forth in Chapter 18E.40 PCC.

c. If the Department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in PCC 18E.30.050.

d. Approval of the wetland application shall be granted upon a determination that the wetland analysis report and mitigation plan, if applicable, are thorough and accurate, and meet all requirements of this Title, and that the monitoring program and contingency plan are tied to an acceptable financial guarantee as set forth in PCC 18E.10.080 to assure that the requirements will be followed.

C. Single-family Dwelling Wetland Review. Two alternative review procedures exist for construction of one single-family dwelling and regulated activities accessory to a single-family dwelling. (See Figure 18E.30-3 in Chapter 18E.120 PCC.) Both review procedures require the completion of a site evaluation as follows:

1. Wetland Certification Process for Single-family Dwellings (No Encroachment into a Regulated Wetland or its Standard Buffer).

a. Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant shall submit a single-family wetland certification form completed by a wetland specialist that certifies either:

(1) No regulated wetlands are present within 315 feet of the project area; or

(2) Wetlands are present within 315 feet of the project area, but all regulated activities associated with the dwelling (i.e., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.

b. If regulated wetland buffers extend onto the site and are within 315 feet of the project area, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the Department as verification that the wetland buffer signs have been placed on the site.

c. A survey as outlined in PCC 18E.10.080 G. will not be required.

d. The single-family certification form may be used only to authorize single-family dwellings and associated homesite features such as one garage, driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications (as set forth in PCC 18E.30.060), or violations. The single-family form may not be used to make a claim for exemption under PCC 18E.20.030.

e. The single-family certification process will be monitored by the Department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.

f. The applicant/property owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the Department.

g. Single-family certification forms shall be filed with the Pierce County Auditor's Office in accordance with PCC 18E.10.070 F. and 18E.10.110 B.

2. Single-family Wetland Application Process (Encroachment into the Standard Buffer of a Regulated Wetland).

a. A wetland application and wetland delineation report shall be submitted to the Department when the single-family dwelling and associated homesite features are located within the standard buffer of a regulated wetland.

b. The applicant may retain either a wetland specialist or Department staff to delineate the limits of a regulated wetland and determine the impacts associated with the project, subject to the following:

(1) A wetland delineation report, as defined in PCC 18E.30.030 C.3. below, shall be submitted to the Department for review; or

(2) Upon the applicant's request and payment of fees, the Department shall delineate the regulated wetland(s).

c. If the Department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in PCC 18E.30.050.

d. The applicant shall place permanent, clearly visible, wetland boundary buffer signs at the edge of the buffer.

e. A survey as defined in PCC 18E.10.080 G. will not be required.

3. Wetland Delineation Report. The wetland delineation report shall include data sheets; scaled site maps showing the project boundary, wetland boundary, categorization of the wetland and standard buffer boundary, boundary flag location and sample plot location and designation; a vicinity map with driving instructions; and any other field data and information necessary for the Department to confirm wetland presence, location, and category.

D. Agricultural Activity Wetland Review. A wetland application and wetland delineation report shall be submitted to the Department when the site evaluation indicates that a regulated wetland or its standard buffer extends into a site proposed for an agricultural activity.

1. The applicant may either retain a wetland specialist or Department staff to delineate the limits of a regulated wetland and determine the impacts associated with the project area, subject to the following:

a. A wetland delineation report, as defined in PCC 18E.30.030 C.3. above, shall be submitted to the Department for review; or

b. Upon the applicant's request and payment of fees, the Department shall delineate the regulated wetland(s).

2. If the Department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in PCC 18E.30.050.

3. The applicant shall place permanent, clearly visible, wetland boundary buffer signs at the edge of the buffer.

4. A survey as defined in PCC 18E.10.080 G. will not be required.

5. Agricultural activities may be initiated subject to compliance with the requirements set forth in PCC 18E.30.030 D.1. through 4. above and the submittal of a best management plan developed by the Pierce County Conservation District or Natural Resource Conservation Service (NRCS).

1. All forest practice activities regulated under Title 18H PCC, Development Regulations – Forest Practice Activities, that are not exempt from the provision of this Title shall be reviewed pursuant to the criteria set forth in PCC 18E.30.030 B., General Wetland Review, except for Conversion Option Harvest Plan (COHP).

2. An abbreviated wetland review process may be used for COHPs as follows:

a. A wetland application and verification report shall be submitted when a site evaluation determines that no regulated wetland is present within 315 feet of the area to be logged.

b. A wetland application and delineation report shall be submitted when a site evaluation determines that a regulated wetland or its buffer extends within 315 feet of the area to be logged. At a minimum the report shall include:

(1) A detailed description of all wetlands on or within 315 feet of the area to be logged, including the wetland(s) approximate size(s), vegetation, categorization, and hydrology source(s).

(2) Sample data sheets for each wetland.

(3) An accurate map delineating the boundaries of the wetland(s) and standard buffer(s) in relation to the boundaries of the site.

c. The wetland delineation report shall be prepared, signed, and dated by a wetland specialist.

d. The accuracy of the wetland delineation, flagging, and categorization shall be field verified by the Department.

e. A survey as defined in PCC 18E.10.080 G. will not be required.

3. Requests for deviation from the standard buffer requirements set forth in PCC 18E.30.060 A. will not be allowed as part of a forest practice application.