§ 15.24.040. Lands to which this chapter applies.

A.

Applicability.

1.

When any provision of any other chapter of the Port Angeles Municipal Code conflicts with this chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this chapter.

2.

The Director of Community and Economic Development is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the City of Port Angeles shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; clearing and grading permit; master plan development; planned residential development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this chapter.

B.

Maps and inventory. This chapter shall apply to all lots or parcels on which wetlands and/or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps:

1.

Wetlands identified on U.S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps.

2.

Hydric soils and "wet spots" identified by the USDA Soils Conservation Service Soil Survey of Clallam County area maps numbers 22, 31, 32, 33.

3.

City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time.

These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this chapter are presumed to exist in the City of Port Angeles and are protected under all the provisions of this chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control.

C.

Determination of regulatory wetland boundary. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in section 15.24.020 of this chapter. Qualified professionals shall perform wetland delineations using the latest version of the approved federal wetland delineation manual and applicable regional supplements). An applicant for a wetland permit is required under subsection 15.24.060.C.3. to show the location of the wetland boundary on a scaled drawing as a part of the permit application.

The Director of Community and Economic Development shall decide whether the qualified professionals who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of subsection 15.24.060.C.4. of this chapter.

Where the delineation is performed under the Director of Community and Economic Development's direction, such delineation shall be considered a final determination.

Where the applicant has provided a delineation of the wetland boundary, the Director of Community and Economic Development shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Director of Community and Economic Development shall, at the applicant's expense, obtain expert services to render a final delineation.

D.

Wetlands rating system. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems.

1.

Washington State Four-Tier Wetlands Rating System.

a.

Category I criteria.

i.

Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or

ii.

High quality native wetland communities, including documented Category I or II quality natural heritage wetland sites and sites which qualify as a Category I or II quality national heritage wetland; or

iii.

High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or

iv.

Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary.

b.

Category II criteria.

i.

Regulated wetlands that do not contain features outlined in Category I; and

ii.

Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or

iii.

Rare wetland communities listed in subsection 15.24.040.D.1.a.iii. which are not high quality; or

iv.

Wetland types with significant functions which may not be adequately replicated through creation or restoration.

v.

Regulated wetlands with significant habitat value based on diversity and size.

vi.

Regulated wetlands contiguous with salmonid fish-bearing waters, including streams where flow is intermittent; or

vii.

Regulated wetlands with significant use by fish and wildlife.

viii.

Wetlands that contain plant, fish or animal species listed as priority species by the Department of Fish and Wildlife.

c.

Category III criteria.

i.

Regulated wetlands that do not contain features outlined in Category I, II, or IV.

d.

Category IV criteria.

i.

Regulated wetlands which do not meet the criteria of a Category I or II wetland; and

ii.

Isolated wetlands which are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or

iii.

Isolated wetlands which are less than or equal to two acres in size, and have only one wetland class and a predominance of exotic species.

2.

Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications.

3.

The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system.

4.

The City of Port Angeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action.

(Ord. 3582 § 1, 6/20/2017; Ord. 2655 § 1 (part), 11/29/1991)