18E.40.050 Mitigation Requirements

18E.40.050 Mitigation Requirements.

A. Regulated activities shall occur as defined in Table 18E.40.050-1, Mitigation Sequencing, with avoidance of impacts being the highest priority. Lower priority measures shall be applied only when higher priority measures are determined to be infeasible or inapplicable.

Table 18E.40.050-1. Mitigation Sequencing
Higher Priority Lower Priority	Avoiding the impact altogether by not taking a certain action or parts of actions.
	Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts.
	Rectify the impact by repairing, rehabilitating, or restoring the affected environment.
	Reducing or eliminating the impact over time by preservation and maintenance operations.
	Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
	Monitoring the impact and compensation projects and taking appropriate corrective measures.

1. Specific monitoring requirements are provided in PCC 18E.40.070 – Appendix E.

2. Mitigation for individual actions may include a combination of the Table 18E.40.050-1 measures.

1. An Abbreviated Planting Plan shall be required when the area of vegetation to be removed is fairly minor, less than 500 square feet, or when the amount of vegetation to be removed is limited. Staff will determine when an Abbreviated Plan is appropriate or when a Study or Report is warranted.

2. A Habitat Assessment Study is used for buffer or setback planting plans that exceed the allowances of an Abbreviated Planting Plan. PCC 18E.40.070 – Appendix C defines the minimum requirements of a Study.

3. A Habitat Assessment Report is used for mitigation plans more complex than simple buffer or setback planting. Reports may include additional mitigation elements such as, but not limited to: timing restrictions for all or some of the activities; clearing limitations; avoidance of specific areas; special construction techniques; COHP conditions; HPA conditions; planting with native vegetation; habitat enhancement (e.g., fish passage barrier removal); best management practices; etc. If applicable, a copy of the HPA, BMP specification, or other documentation to support the implementation of the conservation measures should be included with the Report. PCC 18E.40.070 – Appendix D defines the minimum requirements of a Habitat Assessment Report.

C. Mitigation shall achieve equivalent or greater biological functions and shall address mitigation for adverse impacts upstream and downstream of the development proposal site. Mitigation shall address each functional attribute affected by the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation elements to be addressed may include, but are not limited to: restoration of previously degraded areas and key habitat features, restoration of riparian vegetation communities to provide shade and large woody debris, addition of large woody debris, and installation of upland habitat features.

D. When mitigation is required, the following shall apply:

1. Mitigation should be provided on-site and in-kind unless the applicant can demonstrate that on-site mitigation is not scientifically feasible or practical due to physical features of the site or can demonstrate that greater functional and habitat values can be achieved through off-site or out-of-kind mitigation; and

2. When mitigation cannot be provided on-site, it shall be provided in the immediate vicinity of and within the same watershed as the regulated activity.

1. An applicant may utilize In-lieu Fee (ILF) Mitigation or Mitigation Banking at such time as the County has developed such programs and the programs have been approved by the appropriate State and Federal agencies.

2. Applicants proposing ILF or Mitigation Banking are still subject to the mitigation sequencing requirements of Table 18E.40.050-1.