§ 15.24.050. Regulated activities and allowed activities.

A.

Regulated activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by subsection B. below:

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 wetlands water sources, including quantity, or the introduction of pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. In accordance with Appendix I-D of the Department of Ecology's SWMMWW (2014), the discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor decrease the water quality of the wetland. Pre-treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. Bioretention cells and swales, and conversion of existing drainage ditches to bioretention cells and swales within the outer 25 percent of a wetland buffer may be allowed if designed in accordance with Department of Ecology's SWMMWW (2014).

9.

Road/street repair and construction. Any private or public road or street repair, maintenance, expansion or construction may be permitted, subject to the following standards:

a.

No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible;

b.

Publicly owned or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc; and

c.

The road or street repair and construction are the minimum necessary to provide safe roads and streets.

d.

Mitigation shall be performed in accordance with specific project mitigation plan requirements.

10.

Land divisions and land use permits. All proposed divisions of land and land uses (including but not limited to the following: short plats, subdivisions, planned residential developments, binding site plans, conditional use permits, clearing, grading, and filling permits) which include regulated wetlands, shall comply with the following procedures and development standards:

a.

Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots provided that other standards, including subsection A.10.c below, are met.

b

Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or as an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.

c.

In order to implement the goals and policies of this title, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site.

d.

After preliminary approval and prior to final land division approval or other land use permit approval, the department may require that the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer.

11.

Trails and trail-related facilities. Construction of public and private trails and trail-related facilities, such as benches and viewing platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines:

a.

Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas.

b.

Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hyrdological characteristics, shrubs, snags and important wildlife habitat.

c.

Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland.

d.

Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of 30 feet from the wetland edge, except where wetland crossings or viewing areas have been approved.

e.

Trails shall generally be limited to pedestrian use unless other more intensive uses, such as dike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials unless otherwise approved by the department.

12.

Parks. Development of public park and recreation facilities may be permitted provided that the following standards are followed:

No alteration of wetlands or wetland buffers is allowed except for such uses which are allowed below. For example enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan.

B.

Allowed activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules:

1.

Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife that does not include changing the structure or functions of the existing wetland;

2.

Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;

3.

The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources;

4.

Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. 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 was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations;

5.

The maintenance (but not construction) of drainage ditches;

6.

Education, scientific research, and use of nature trails;

7.

Navigation aids and boundary markers;

8.

Boat mooring buoys;

9.

Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and

10.

The following uses are allowed within wetlands and/or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Director of Community and Economic Development, and provided that wetland impacts are minimized and that disturbed areas are immediately restored:

a.

Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and

b.

Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions.

C.

Special permit uses. Any activity other than those specified in subsection B. may not be conducted in wetlands or wetland buffers except upon issuance of a wetland permit by the Director of Community and Economic Development.

(Ord. 3570 § 1, 12/20/2016; Ord. 3330 § 1, 4/25/2008; Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991)