§ 15.24.020. Definitions.

In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both Chapter 15.02 and section 15.24.020, the definitions in 15.24.020 shall apply:

A.

"Applicant" means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

B.

"Buffer" means an undisturbed area adjacent to a wetland area that is required to permanently remain in an undisturbed and untouched condition to protect or enhance the functions of the wetland area and is considered part of the wetland area. A buffer is different than a setback.

C.

"Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas.

D.

"Compensation project" means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions.

E.

"Compensation" or "compensatory mitigation" means a form of mitigation that replaces project-induced wetland losses or impacts, and includes, but is not limited to, restoration, enhancement, substitute resources, creation, and preservation which are defined as follows:

1.

"Restoration" means actions performed to reestablish wetlands or their buffer area's functional and value characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area;

a.

Active steps taken to restore damaged wetlands, or their buffers to the functioning condition that existed prior to an alteration; and

b.

Actions performed to reestablish structural and functional characteristics of wetlands that have been lost by alteration, past management activities, or catastrophic events.

2.

"Enhancement" means actions performed to improve the condition of an existing environmentally sensitive area so that the functions and values provided are of a higher quality;

3.

"Substitute resources" means actions performed to provide for an alternative environmentally sensitive area; or

4.

"Creation" means actions performed to intentionally establish or expand an environmentally sensitive area where it did not formerly exist.

5.

"Preservation" means actions taken to ensure the permanent protection of existing, high-quality environmentally sensitive areas.

F.

"Developable area" means an area of land outside of wetlands and wetland buffers.

G.

"Director" means the Director of Community and Economic Development or an authorized agent of the Director.

H.

"Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.

I.

"Extraordinary hardship" means strict application of this title and/or programs adopted to implement this title by the City of Port Angeles would prevent all reasonable economic use of the parcel.

J.

"Functions", "beneficial functions", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value protection; protection from hazards, and recreation. These beneficial roles are not listed in order or priority.

K.

"High intensity land use" includes land uses which are associated with high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, residential development greater than seven dwelling units per acre, active recreation, and commercial and industrial land uses.

L.

"High quality wetlands" are those regulated wetlands which meet the following criteria:

1.

No, or isolated, human alteration of the wetland topography;

2.

No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration;

3.

Low cover and frequency of exotic plant species;

4.

Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance;

5.

If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and

6.

No known major water quality problems

M.

"Hydric soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Department of Ecology Wetland Identification and Delineation Manual. For the purposes of identifying wetland environmentally sensitive areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence of natural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this chapter, and are not to be considered agricultural resource lands.

N.

"Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0).

O.

"In-kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in-category".

P.

"Isolated wetlands" means those regulated wetlands which:

1.

Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and

2.

Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

Q.

"Low-intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, residential density of seven or fewer dwelling units per acre, passive recreation, open space, or agricultural or forest management land uses.

R.

"Mitigation" means taking measures including avoiding, minimizing, or compensating for adverse wetland impacts. Mitigation, in the following order of preference, is:

1.

Avoiding the impact altogether by not taking a certain action or parts of an action;

2.

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;

3.

Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5.

Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

6.

Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures.

S.

"Non-compensatory enhancement": Non-compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of section 15.24.070(H)(6).

T.

"Off-site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity.

U.

"On-site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity.

V.

"Out-of-kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out-of-category".

W.

"Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity.

X.

"Qualified professional": A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and have at least five years of related work experience. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the state or federal manuals, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.

Y.

"Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer:

1.

The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;

2.

The dumping, discharging, or filling with any material;

3.

The draining, flooding, or disturbing of the water level or water table;

4.

The driving of pilings;

5.

The placing of obstructions;

6.

The construction, reconstruction, demolition, or expansion of any structure;

7.

The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or

8.

Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of a wetland's water sources, including quantity, or the introduction of pollutants.

Z.

"Regulated wetlands" means ponds 20 acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC § 1251 et seq., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in subsection 15.24.040.D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of the Washington State Department of Ecology Wetland Identification and Delineation Manual.

AA.

"Repair" or "maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition.

BB.

"Serviceable" means presently usable.

CC

"Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after an applicant proposing to alter regulated wetlands has demonstrated that no additional mitigation measures are practicable.

DD.

"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. Wetlands do include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

EE.

"Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland.

FF.

"Wetland classes", "classes of wetlands", or "wetland types" means descriptive classes of the wetlands taxonomic classification system of the Washington State Wetland Rating System for Western Washington (Ecology Publication #04-06-025). Wetlands include the following classes or types:

1.

"Emergent wetland" means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.

2.

"Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height.

3.

"Scrub-shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost stratum.

4.

"Estuarine wetland" means a regulated wetland that consists of or is adjacent to tidal habitats and is usually semi-enclosed by land but often have open, partly obstructed, or sporadic access to saltwater, and in which saltwater is at least occasionally diluted by freshwater runoff from the land. Estuarine systems include both estuaries and lagoons.

GG.

"Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this chapter.

HH.

"Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this chapter.

(Ord. 3582 § 1, 6/20/2017; Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991.)