HomeMy WebLinkAbout36A-97 - Ord. Amends Interim Resource Ordinance 77-93 ORDINANCE NUM13ER 36A-97
AMENDMENTS TO THE MASON COUNTY INTERIM RESOURCE ORDINANCE
AN ORDINANCE amending the following sections of the Mason County Interim Resource
Ordinance, Ordinance 77-93, as amended. Section 17.01.070 Wetlands, Section 17.01.130
Application for Resource Redesignation, Section 17.01.120 Development Review Process, Section
17.01.200 Enforcement, Section 17.01.240 Definitions, under the authority of Chapters 36.70 and
36.70A RCW.
WHEREAS, the Board of County Commissioners held a public hearing on April I and April 14,
1997, to consider the recommendations of the Planning Commission, the Mason County
Department of Community Development and citizens on the proposed amendments;
WHEREAS, the Mason County Planning Commission formulated its recommendations after a
public hearings on March 3, and March 17, 1997 and approved findings of fact;
WHEREAS, these hearings were duly advertised public hearings;
WHEREAS, these amendments are intended to comply with the Order of the Western Washington
Growth Management Hearings Board of September 6, 1996, and that the order contained a
Finding of Invalidity which affects the effectiveness of subsequent actions by the county;
WHEREAS, the Mason County Board of County Commissioners formulated its decision after the
public hearing and has approved findings of fact to support its decision as ATTACHMENT A,
with regard to wetlands, and ATTACHMENT C, with regard to resource redesignation;
WHEREAS, the Mason County Board of County Commissioners have committed to a county
review of habitats and species of local importance and other priority species over the next year in
order to identify an updated list of such habitats and species, in order to identify management
strategies for such habitats and species, and in order to consider further revision to the county's
critical area protection;
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County Commissioners
of Mason County hereby approves and ADOPTS the amendments to the Mason County Interim
Resource Ordinance, #77-93, as amended, as described by ATTACHMENT B.
DATED this 14 t h day of Aipri 1 1997.
Board of County Commissioners
Mason County, Washington
ATTEST:
Mary.jd��'Jy, Chaim
Cleri of the Board
19hRIA- Bolender, Com oner
APPROVED AS TO FORM:
a Olsen, Commissioner
Pros Kvdi6g—AtFbrney
c: Community Development
General Services
Health Services
Public Works
ATTACHMENT A - ORDINANCE No. 36A-97
Mason County Board of County Commissioners
Wetland Critical Areas - Interint Resource Ordinance - 1997
April 14, 1997
FE*41)INGS OF FACT
1.
Under consideration is a proposal to amend the wetland critical areas protection section of the
Interim Resource Ordinance (IRO) as adopted in 1993 by Mason County. Wetlands are
protected because they serve a number of important beneficial functions and because their
destruction can harm the public health, safety, and welfare, including public resources.
Wetlands assist in reducing erosion, siltation, flooding, and ground and surface water
contamination. Wetlands provide habitat for wildlife, plants, and fisheries. Many wetlands
are important in recharging groundwater supplies. In addition, wetlands provide open space
and opportunities for recreation and education. Approximately 38,000 acres in the County
have been mapped as wetlands and are documented in the National Wetland Inventory.
2.
Substantial background information on the proposed changes to the wetland critical area
protection is contained in the memorandums prepared by the Department of Community
Development, dated March 3, 1997, and March 30, 1997, with their attachments and
referenced materials. The memorandums are only a small part of the long process and
substantial record which is before the Board of Commissioners and includes meetings of the
Mason County Planning Commission and the GMAC Ad Hoc Committee.
3.
Mason County hired a professional wetland consultant, Applied Environmental Services, Inc.,
to assist the county in the preparation of revisions to the wetland regulations. The consultant
worked with the GMAC Ad Hoc Committee to develop the draft amendments considered by
the Planning Commission on March 3, 1997. The consultants developed several alternative
approaches to protecting wetlands and presented them to the Ad Hoc Committee. The
consultants assisted the county in identifying and interpreting the "best available science" with
regard to wetland protection. Ultimately, the committee decided to retain the existing form of
the IRO, but to use a four tier system to categorize wetlands and determine which should have
greater protection. There were also a number of other changes made to strengthen and update
the regulations. (Draft dated February 10, 1997) Attached is a letter from the consultants,
dated January 29, 1996, describing their role and the process. The consultants continued to be
involved with the process through action by the Board.
4.
Special consideration was given to anadromous fish in the materials researched, the data
considered in setting the buffer widths, and in the wetland typing system used in the proposal.
Attachment A - Ordinance No. 36A-97
Page 2
5.
The proposal was developed with consideration of the minimum guidelines for critical areas,
Chapter 365-190 WAC. The proposal uses the Washington State Wetlands Rating System for
Western Washington to rate the wetlands as suggested. The county uses the US Department of
Interior wetland inventory maps for informational purposes, but relies on on-site
determinations of wetlands consistent with the Washington State Wetlands Identification and
Delineation Manual as required by recent changes to the Growth Management Act, RCW
36.70A.175. The wetlands definition was amended to incorporate other recent statutory
changes in RCW 36.70A.030. These statutory changes lead to the county proposal differing
from recommendations of the minimum guidelines.
6.
While wetlands provide certain types of habitat and are vital for some species of plants and
animals, and while the upland buffers intended to provided for wetland protection also provide
benefits to upland species which may or may not be associated with the wetlands, there is a
distinction between the provisions for wetland critical areas and the provisions for fish and
wildlife habitat conservation areas.
7.
The Planning Commission held a public hearing on March 3, 1997, and considered the
testimony given along with the record before it.
8.
The concerns of the Department of Ecology (Ecology) with the wetlands section of IRO and
with previous draft revisions of the wetland regulations were addressed in the February 10,
1997 draft version, as revised by the alternative language dated 2/28/97.
9.
The proposal did not have any language to address the problem of danger trees, which pose a
hazard to the public health and safety; and it did not have any restrictions on trails, which
might interfere with the purpose and effectiveness of the wetland protections.
10.
The Planning Commission adopted Findings of Fact and concluded that the proposal be
amended to include the alternative language, dated 2/28/97, and to include additional language
to address the issues of trails and danger trees. It concluded that with these changes, the
proposal uses the best available science and balances the goals and policies of the
Comprehensive Plan, and that it should be sent forward to the Mason County Board of
Commissioners with a recommendation for adoption.
Attachment A - Ordinance No. 36A-97
Page 3
11.
The Department of Community Development (DCD) revised the proposal to incorporate the
concerns of the Planning Commission, as explained in the Department memorandum dated
March 28, 1997. The proposal sent forward to the Board was a draft dated March 3, 1997, the
date of the Planning Commission recommendation.
12.
After reviewing the comments received and listening to public testimony at the April 1, 1997
public hearing, which was continued on April 14, 1997, the Board considered additional
changes to the proposal.
13.
Comments received since the Planning Commission meeting have been reviewed. Among
these are comments from the Washington Department of Fish and Wildlife (Fish and Wildlife),
Ecology and the Washington Department of Trade and Economic Development (CTED).
These comments support the action by the county to incorporate the work that has been done
and progress made by adopting the amendments to the wetlands ordinance. Ecology, CTED
and the county's wetland consultants agree that the best available science was used in preparing
the draft and is incorporated into the proposal.
14.
Fish and Wildlife recommended amendments which would have specifically included
additional protections for the Fish and Wildlife priority habitats and species. However, the
state minimum guidelines classifying and protecting critical areas, Chapter 365-190 WAC,
provide only that the county may consider the Fish and Wildlife priority habitats and species.
Other concerns with the Fish and Wildlife proposal are in the March 30, 1997 memorandum
from the Department of Community Development. Also CTED found in decisions of state
Growth Management Hearings Boards that, while provisions for the Fish and Wildlife priority
habitat and species might be allowed, such provisions did not address the Growth
Management Act concerns. CTED recommended that in the future the county address habitats
and species of local importance. However, the long public process which produced the Interim
Resource Ordinance in 1993 did not find any habitats or species of local importance beyond
the state listed endangered and threatened species. At the time of preparing the original
ordinance, there were no state listed sensitive species in Mason County. As Fish and Wildlife
affirmed, there still are no state listed sensitive species associated with wetlands.
15.
Public testimony supported the proposal as it was approved by the Planning Commission; with
adjustments or strengthening by the Board; with the amendments proposed by Fish and
Wildlife; with additional flexibility for the land owners; or with provisions for special
situations to allow reasonable development. With respect to the amendment's to address trails
and danger trees, it was found that the proposal is apparently consistent with the intention of
Attachment A - Ordinance No. 36A-97
Page 4
the Planning Commission, but that mitigation for danger trees might also be met by enhancing
the vegetation area habitat by leaving the downed tree or by replacing the danger tree with a
different variety of tree.
16.
The ordinance provides for flexibility in a number of ways, but the specific provision which
would allow the buffer width to be reduced on a site by site basis was eliminated by the
GMAC Ad Hoc committee to address concerns of Ecology and Fish and Wildlife that the
standard vegetative area width was in the low to middle of the ranges found in review of the
scientific evidence. The provision for widening buffer requirements also off-sets this concern.
17.
A State Environmental Policy Act determination of nonsignificance was issued on these
amendments on February 14, 1997. The comment period ended March 3, 1997.comments were presented to the Planning Commission and the Board. The draft which was
attached to the SEPA checklist was changed in response to comments received to produce the
draft as recommended by the Planning Commission. The changes were intended and should
be effective in providing additional protection to the wetland critical areas. The proposed
changes are not likely to have significant adverse environmental impacts. The additional
changes proposed by the Board also are not likely to have significant adverse environmental
impacts. Because of this, the original DNS was not withdrawn and stands, pursuant to the
Mason County Environmental Policy Ordinance, Section 4.1.
18.
The Board finds that there are habitats and species of local importance and other priority
species, that these habitats and species have not been extensively reviewed since 1993, and that
it is desirable to manage land use in a way that considers these habitats and species. The
county has established an amendment process to update or amend its development regulations
and comprehensive plan. The county intends, in the course of the next year, to develop and
review candidates for habitats and species of local importance, in addition to the threatened
and endangered species already provided for, their location and the appropriate management
techniques for them.
19.
The Board finds that, with the amendments used to address issues that were raised after the
Planning Commission recommendation, the proposal uses best available science to reasonably
and effectively protect the values, functions and structure of wetland critical areas. The
proposed ordinance balances the relevant goals of the Mason County comprehensive plan and
the Growth Management Act. The proposal promotes the goals of economic development;
property rights; the affordability of housing, and for a timely, fair and predictable permitting
process with flexible, predictable, reasonable and effective minimum requirements. The
proposal promotes the citizen participation and coordination goal with the public process,
ATTACHMENT B - ORDINANCE No. 36A-97
17.01.070 WETLANDS
The purpose of this section is to avoid, or in appropriate circumstances, minimize, rectify,
reduce or compensate for impacts arising from land development and other activities affecting
wetlands; to maintain and enhance the biological and physical functions and values of wetlands
with respect to water quality maintenance; stormwater and floodwater storage and conveyance;
fish and wildlife habitat; primary productivity, recreation, education and historic and cultural
preservation. When avoiding impacts is not reasonable, mitigation shall be implemented to
achieve a no net loss of wetlands in terms of acreage, function and value.
A. CLASSIFICATION
The following shall be classified as wetland areas:
Areas that are inundated or saturated by surface or ground water 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. However,
wetlands may include those artificial wetlands intentionally created from non-wetland
areas created to mitigate conversion of wetlands, if permitted by the county or city.
B. DESIGNATIONS
The following lands, shorelands and waters of Mason County are hereby designated
under RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate
protection from incompatible land uses: Wetlands and their vegetation area as specified
by Section 17.01.070. except ail we'U'Allub UILAX-1 un, JUII Ult." 0 die-Mason
-1. A f3 Lf- le'll 11d_U eounty Si10reftJ'_, .LVAaaL%1A PTOgTaIJUL, VV' exempt ft
Section.
In making a determination regarding a wetland, "US UJL jr_j_1gH1UQ_L
Delineation Manuaf, 198-71 Washington State Wetland Identification and Delineation
Manual (Ecology #96-94), shall serve as the technical resource guide on determining
if an area possesses hydrophytic vegetation, hydric soils, and/or wetland hydrology.
1. The following are designated as regulated wetlands under this Chapter:
a. All areas described in Section 17.01.070.A.;
b. Wetland ponds less than twenty acres;
C. Wetlands created as mitigation, and those modified for approved land
use activities, including their submerged aquatic beds.
2. The following are designated as non-regulated wetlands:
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ATTACHMENT B - ORDINANCE No. 36A-97
Artificial man made wetlands 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 create
as a result of the construction of a road, street or highway. Wetlands regiflaw
Under this chapter do not include Category 11 and III wetlands of less than 2,500
square feet or Category IV wetlands of less than 10,000 square -feet,
3. Owners and applicants with non-regulated wetlands
under an aefivity exemption, are strongly urged to cooperate voluntarily in this
plan of wetland protection, using the guidelines in this ordinance and in
materials provided by the Department of Community Development.
C. PROCEDURES
1. Responsibilities for the determination of wetland boundaries:
a. Formal determination of wetland boundaries is the responsibility of the
County. The responsibility to provide all necessary and accurate data to
the County for its determination rests with the applicant. This
information will include a field delineation by a qualified wetland
professional applying the federat wefland delineatiOn MUL11VU kJL701).
Washington State Wetland Identification and Delineation Manual
(Ecology #96-94),. When, in the opinion of the Director, sufficient
information exists from the County's wetland inventory, or other
sources, the requirement for a full or partial delineation may be waived.
For instance, in some cases, the applicant may only be required to
determine the wetland boundary, or portion thereof, of the wetland
system. The Director shall determine when a permit application is
required and what additional information may be necessary. Wetland
delineations shall be performed in accordance with the procedures as
specified in the "US Army eorp of Enginem Wettands Defineation
Mwmai, f 9871 Washington State Wetland Identification and Delineation
Manual (Ecology #96-94)_ Evidence documenting the results of any
boundary survey, or other submitted data, may be required by the
Director.
b. Mason County;at a feewhen requested by the applicant, or the affected
party, may perform the delineation in lieu of direct action by the
applicant. Mason County may use hydrology, soils, plant species, and
other data, and consult with biologists, hydrologists, soil scientists, or
other experts, as needed, to perform the delineation. The County shall
make a good faith effort to provide this service, consistent with
budgetary constraints and available in-house expertise, for smaller
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ATTACHMENT B - ORDINANCE No. 36A-97
projects and especially for those property owners with lesser financial
capabilities. When the does not providC, "I'S
appficant, or fll-M LILY7 111CLY �)UIQLL UILHU1 11U111 a %-AJU11LY
approved list of quafifted we-dal-ld prolf-C-ssiOnards, 01---rC;q--U-U-NL L11V OLMO
Depart!'I'le!1
flie deHmation.
C. Where Mason County performs a wetland boundary determination at the
request of the applicant, it shall be considered a final determination
unless contested.
d. Where the applicant has provided a determination of the wetland
boundary, the Director shall verify the accuracy of, and may render
adjustments to, the boundary delineation.
e. In the event the boundary delineation is contested by the applicant or
affected party, the US A i---- '-rp of Engini=rs Department of Ecology,
or a mutually agreed upon party, shall settle the dispute.
D. LAND USES
1. Mason Environmental Permit Required Uses and Activities
A Mason Environmental Permit shall be obtained from the County, using the
administrative review process in this Chapter, prior to undertaking, in a
regulated wetland or its vegetation area, for the following activities.
a. In all regulated wetlands, the removal, excavation, grading, dredging.,
dumping, discharging, or filling of any material; or the draining o
flooding of the site, except where undertaken for maintenance (but no
construction,) of drainage ditches or for emergency repair;
of, dis-1--r-ing- 01" Or fiffing with any-materia-l-,
b. The construction of stormwater management facilities; o
C. The draining or fl-- AF OIL%,
c. The driving of pilings;
d. The placing of obstructions;
e. The construction, reconstruction, demolition, or expansion of any
structure;
f. The destruction or alteration of wetlands and wetland vegetation area
through clearing, harvesting, shading, intentional burning, or planting
of vegetation that would alter the character of a designated wetland or
vegetation area, provided that this subsection shall not =11y to the
following activities undertaken in a manner which minimizes impacts:
The harvesting or normal maintenance of vegetation in a manner
that is not injurious to the natural reproduction of such
vegetation;
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ATTACHMENT B - ORDINANCE No. 36A-97
The removal or eradication of noxious weeds so designated in
Chapter 17,10 RCW or other exotic, nuisance plants;
Site investigative work necessary for land use application
submittals such as survas, soil logs and percolation te=
The construction or trails which shall be unpaved when located
in the vegetation areas and elevated when located in wetlands,
which are not intended for motorized use, and which are no
wider than three (3) feet, unless additional width is necessary for
safety along a precipice, steep hillside, or other hazardous area.
Emergency services or repairs for health and welfare; Q
�6) Activities of a mosquito control district.
The removal of a danger tree, provided that such removal is
mitigated by planting in the vicinity of the removed tree a total
of six (6) new-trees, each of a minimum three (3) feet in height
and each of the same species or native species as the removed
tree, If the replacement tree planting is judged to be unnecessary
to replace the canoe
structure of a vegetation area, the Director
may request the applicant leave or place the danger tree within
the vegetation area as habitat.
9- 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.
2. Activites Permitted without a Mason Environmental Permit
The following uses shall be allowed, in addition to those defined in General
Exemptions (see Section 17,01.130), within a wetland or wetland vegetation
area to the extent that they are not prohibited by the Shorelines Management
ACT of 1971 (Chapter 90,58 RCW), Federal Water Pollution Control Act
(Clean Water ACT), State Water Pollution Control Act (Chapter 90.48 RCW)'
State Hydraulic Code (RCW 75.20.100-.1401, Forest Practices Act (Chapte
76.09 RCW and Chapter 222-16 WAC) or any other applicable ordinance o
law and provided they are conducted using best management practices, excQ
where such activities result in the conversion of a regulated wetland or wetland
vegetation area to a use to which it was not previously subjected and provide
further that forest practices and conversions from forest land shall be governed
by Chapter 76.09 RCW and its rules:
a. Conservation or preservation of soil, water, vegetation, fish, shellfish,
and other wildlife-
b. Outdoor recreational activities that do not have a significant adverse
impact on the wetland and its related vegetation area;
-Q— The harvesting of wild crops in a manner that is not injurious to natural
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ATTACHMENT B - ORDINANCE No. 36A-97
reproduction of such crops and provided the harvesting does not require
tilling of soil, planting of mops, or alteration of the wetland by changing
existing topog=hy, water conditions or water resources;
d. Existing -and ongoing agricultural activities, including farming,
horticulture, aquaculture, irrigation, ranching or grazing of animals.
Activities on areas lyin
g fallow as part of a conventional rotational cycle
are part of an ongoing Qperation. Activities which bring an area into
agricultural use are not part of an ongoing operation. An operation
ceases to be ongoing when the area in which it was conducted has been
converted to another use or has lain idle so long that modifications to the
hydrological regime are necessary to resume operations.
_e The maintenance (but not construction) of drainage ditches.:
L Education, scientific research, and use of nature trails:
9-. Site investigative work necessary for land use aVWjmUQn submittals such
as survas, soil logs, percolation tests and other related activities. I
every case, wetland impacts shall be minimized and disturbed areas shall
be immediately restored _"n
h. The following uses are allowed within wetlands and/or wetland
vegetation area, provided that any required permits or approvals are
obtained and further provided that wetland impacts are minimized and
that disturbed areas are immediately restored:
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 are
and does not include the construction of a maintenance road; an
Minor modification of existing serviceable structures within
vegetation area zone where modification does not adversely
impact wetland functions.
Repair or reconstruction of damaged or destroyed structures
within two years of the damage or destruction.
2. Exempt Activities
a. fn iSofaL'vd wetituids undervne-acTc,
(f) No Mason Envirovanmitc-d pennit requnh-unu
(2) No mitipatimn requiled
(3) No management area, setback or 7egetaftiol dre-CIT
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ATTACHMENT B - ORDINANCE No. 36A-97
(4) Activities described fix I L"I -to
. . ,
E. DEVELOPMENT STANDARDS
Management Areas shaft have a setbya-U& In=21
edge,
fandward-
Vegetation Area JD
Management
T Vegetation Area (50 feet)
Edge
"Management Area includes Setback and Vegetation 2NTea.
2. Management Area Guidelines
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ATTACHMENT B - ORDINANCE No. 36A-97
in�duce em6c speties of pfant f if e; to inaintc-M-'--]L w TIM`mifu- JI-14UIUM, Uk) UbU L.Lullage pattems
vviff not c and siftation; to use care jim the harvestnig oil Wilu . 1 .
catchments to rednee rapid mnoff; and to use best management pmeth-C'C'S mi agricul-LU-1--a-1
operations, fiiefuding the giazing of fivestm-11C. Particutar care M-ust lux, JuLiLgil
intensity land use areas.-
1. Wetlands Rating System
A four-tier wetlands rating system is hereby adopted as the rating system for
Mason County. Wetlands vegetation area widths and replacement ratios shall be
based on this rating system,
Procedures for applying the wetland rating system are set forth in the
Washington State Wetlands Rating System -Western Washington Second Edition
3ashington State Department of Ecology (Publication #93-74), as modified
herein;
a. Wetlands shall be categorized as follows:
CATEGORY I WETLANDS
(A wetland is considered a Category I if it meets any one of the following criteria.)
1. The wetland contains documented Federal or State listed Threatened or Endangered
plant and/or wildlife species.
2. The wetland is on record with the Washington Natural Heritage Program as a high
quality native wetland or it has great potential to become listed*.
3 Wetlands documented to contain regionally significant waterfowl or shorebird
concentrations.
4. Wetlands that contain irreplaceable ecological functions*.
• Bogs and fens
• Mature forested wetland
• Estuarine wetlands over one acre
• Eelgrass and kelp beds
• Documented wetlands of local category I significance.
CATEGORY H WETLANDS
(A wetland is considered a Category III if it meets none of the Category I criteria and it
meets any one of the following.�
L Confirmed presence of sensitive plant, animal or fish recognized by federal orstate
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ATTACHMENT B - ORDINANCE No. 36A-97
agencies.
2. Documented priority habitats and/or species recognized by state agencies,
3. Wetlands with significant functions which may not be adequately replicated through
creation or restoration (specifically estuaries, bogs and fens)
4. Wetlands with significant habitat value (Greater than or equal to 22 points on the
Washington State Wetlands Rating Form).
5. Wetlands identified as a Category III wetland of local significance.
CATEGORY MWETLANDS
(A wetland is considered a Category III if it meets none of the Category I or 11 criteria and
it meets any one of thefollowing.)
L Wetlands where the significant habitat value score is equal to or less than 21 points on
the Washingion State Wetlands Rating Form.
2. Wetlands identified as a Category III wetland of local significance.
3. Estuarine wetlands less than one acre*.
CATEGORY !Y WETLANDS
(A wetland is considered a Category IV if it meets any one of the following
L Wetlands less than one acre, hydrologically isolated and comprised of one plant laver
dominated (>80%) by one invasive plant species*.
2. Wetlands less than two acres, hydrologically isolated and comprised of one plant layer
dominated (>90%) by a combination of invasive plant species*,
3. Wetlands that are ponds smaller than one acre and excavated from uplands, without
surface water connection to streams, lakes, rivers or other wetlands.
See Ecology, 1993 publication titled Washington State Wetlands Rating System, estem
Washington for additional information,
3. Vegetation Area Standards
For the purposes of this Seetion, Vegetation Areas, are up'land J'Luiu areas-th-at
are adjacent to a wettand, and surro nu' or protect wu--L'L,-u--,u' Iffincti-ons-and-vahm
from adverse impacts-.—
a. Aff vegetation area shaff be measnreul perplet-ludien'td-Fly fir-o-nT the-wettand
edge wh JtC7.-
b. Except as offuc-Ir-w-ise 6putlllliz-'U� V�-r�'-u 11 in IQU Ul a
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ATTACHMENT B - ORDINANCE No. 36A-97
natural condition or repitanted IMILILI Vegetation of
wetfand. Vegetation shaft be to
avoided,disturbance 9
to protcetthe
crops, the pruning of 4 reasons,
7
getation may be requinim-U.
4. Standard Structure O'ClivaCk
The setbacic shaft be 65 feet, (f 9.83 m) from the delineated edge of flv-wet1and-.
2. Wetland Vegetation Areas
a. Standard Vegetation Area Widths.
Wetland vegetation areas shall be required for all regulated wetlands.
Any wetland created; restored, or enhanced as compensation for
approved wetland alterations shall also include the standard ve eg tation
area required for the category of the created; restored, or enhanced
wetland. All vegetation areas shall be measured horizontally from the
wetland boundary as surveyed in the field. The width of the wetland
vegetation area shall be determined according to wetland category.
etland
Categoa
I
125 feet
U
85 feet
III
50 feet
IV
25 feet
Vegetation Area
15 ` Building Setback
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ATTACHMENT B - ORDINANCE No. 36A-97
5.b. Special Setbacks - Measured from the wetland edge .
z.-(I) On-site sewage disposal drainfield - 100 feet (30.5m) U25 feet
for Category I)
b.(2) Livestock feedlot - 200 feet (70 m)
1. Increased Wetland Vegetation Area Width
The Administrator shall require increased standard vegetation area widths on
cast--by-case basis when a larger vegetation area is necessary to protect wetland
functions and values based on local conditions. This determination shall b
2=orted_b_y appropriate documentation showing that it is reasonably related to
protection of the functions and values of the regulated wetland. Such
determination shall be attached as a permit condition and shall demonstrate that:
a. A larger vegetation area is necessary to maintain viable populations o
critical habitat of threatened or endangered species living within the
subject
ject wetlands) boundaries; o
b_ The adjacent land is susceptible to severe erosion and erosion control
measures will not effectively
prevent adverse wetland impacts; o
c If the wetland contains variations in sensitivity, increasing the vegetatio
area widths will only be done when necessary to preserve the structure,
function and value of the wetland.
4. Wetland Vegetation Area Width Averaging
The boundary of the vegetation area may be modified by averaging vegetation
area widths. If vegetation area averaging is used, the following conditions must
be met:
a. The total area contained in the vegetation area after averaging shall be
no less than that contained within the vegetation area prior to averaging;
and
b. Vegetation area averaging will incoMorate site conditions to minimize
(to the maximum extent possible) impacts on the functions of the
wetland: and
C. In no instance shall the vegetation area width be reduced to less than 100
feet for Category 1, 75 feet for Category ]EI, or 25 feet for Categories III
Category
or IV.
5. Wetland Vegetation Area Conditions
Except as otherwise specified, wetland vegetation areas shall be retained in their
natural condition. Where vegetation area disturbance has occurred during
construction, revegetation with native vegetation may be required.
New text is underlined,deleted text is gut 10
ATTACHMENT B - ORDINANCE No. 36A-97
L Permitted Uses In A Wetland Vegetation Area
Regjtlated activities shall not be allowed within a vegetation area except as
follows:
a- Ac ivities that are permissible within a wetland shall be Permissible
within a wetland vegetation area; and
b- Stormwater management facilities (bioswales and dispersal trenches)
only when required to allow a reasonable use of the Pro1j3 .
Encroachment into the vegetation area shall be the minimum necessary
and will be Permitted only within the outer twenty-five (25) feet or outer
twenty-five pe ml (225%) of the vegetation area. whichever is more
restictive.
-c Other passive activities such as recreational trails and tot lots are also
„ennitted within the outer twenty-five 25%) of the vegetation
area.
d. Selective commercial timber cutting will be limited to the outer twent-
five percent (25%) of Category I and H wetland vegetation areas and
fifty percent (50%) of Category III and IV wetland vegetation areas. No
more than thirty percent (30%) of the merchantable trees may be
harvested in this area on a one-time-only basis as associated with a land
use conversion application The thin percent 30%) harvest must be
representative and maintain an intact forest community character, e
12Q-rQentage and species distribution of all trees must be consistent before
and after the selective timber harvest.
7. Building Setback Lines
A building setback line of fifteen (15) feet is required from the edgQ of any
wetland vegetation area Minor structural intrusions into the-area of the
building setback may be allowed if the Administrator determined that such
intrusions will not ne atg ively impact the wetland.
New text is underlined,deleted text is struek out 11
ATTACHMENT B - ORDINANCE No. 36A-97
F. MITIGATION FOR WETLAND IMPACTS
As a condition of any permit allowing alteration of wetlands and/or wetland vegetation
areas, the County shall require that the applicant engage in the restoration, creation or
enhancement of wetlands and their vegetation areas in order to offset the impacts
resulting from the applicant's actions. Mitigation secauencingshould follow the
avoidance, reduction and compensation anallysis, (in that order of 12referencO, The
County may suspend or revoke a permit if it finds that the applicant has not complied
with the conditions or limitations set forth in the permit or has exceeded the scope of
work set for in the permit. The overall goal of any compensatory project shall be no
net loss of wetlands function and acreage.
1. Compensatory mitigation is not required for regulated activities for which a
permit has been obtained that occur only in the vegetation area and have no
adverse impacts to regulated wetlands. Wetland -mitigation ratios are illustrated
in the following table:
Wet-land Type Wetlands Acres Wetland Acres Create
Efllh�-d
Forested 3-
Shrub-Scrub and Emergent
Category IV
2. Wetland Restoration, Creation and Enhancement (see details in 17,01,200-D
- -I-
The Appl-icant st-lall develop a plan .!"-s fur:
Land acquio-itiII 1,,UI1bL1UkLIUII, tnalintenance---and monito-L-11ir U1
Teplacement-wetild-I-I&S-1 allu
b. Desc-thlb-cs t1he lo-cd-t-iOn of III
C01-1-y-lete ecol-o-gICIMI aSsessment , laullap IIYU-LULUrY
of the wetiand 'UI JLF--bLVIUU or anu
C. IR ir at- a-s-po-s-siWe thU Ul ig]Uld.1-W ULIMIUSMI
functiu-1-1, geogra-F-11-li%, location and SCItting.
It Ar
3. TV.1-01LILLY1111r,
New text is underlined,deleted text is stme*eW 12
ATTACHMENT B - ORDINANCE No. 36A-97
SUCCes )
problems, and =Lluns 01-flic-Compensation
s filet,
than .five years.
G. PERMIT REVIEW
The basic concern in the permitting process is to avoid and minimize wetland impacts.
Permits are .issued when the applicant can demonstrate that the activity is both
unavoidable and necessary. The applicant must state the purpose of the proposed
project, and demonstrate the requirement for a wetland location or access across
wetlands, and the reason it cannot be located at other sites, or at another location on-
site.
9
New text is underlined,deleted text is strue*out 13
ATTACHMENT B - ORDINANCE No. 36A-97
17.01.120 DEVELOP REVIEW PROCESS
H. SPECIAL STUDIES AND PLANS
1 Developments lying within one or more designated critical areas may be
required by the Director to submit a Special Study or Plan that assures the
proposed development does not degrade the functions and values of those
critical areas. Those studies include:
& Wetland Delineation Report under Section 17.01.070
a7b- , Wetland Mitigation Plan under Section 17.01.070 and 17,01.200 L
b-..c, Aquifer Recharge Area Report under Section 17.01.080
c7d, Geological Report under Section 17.0 1.100
2. Requirements for Special Plans can be found in each critical area section.
3. An application for a Mason Environmental Permit (N4EP) or Mason Conditional
Environmental Permit (MCEP) shall not be considered complete until it includes
all special studies or plans required by this Chapter.
'Iffli APP I IV-
AeTpvff-Ty iJE;'3z3aJLEki1ViFF" I
The purpose of this applicatiOri. Jibs t0 g�--d-t]-IeJr il 111.1dtlull V11
Director ca umy an activity exempftoll-.
rk1jil irements
-P-P
A
b11kJW111g--L11V wedarl culd
surrounding -"nu'er ot'l-lel- bill ther wefllands-,-and
_pb IHUXUL1111r, V
2. -1UUV--N11UW111r,
a. Description U-'I pT-V-jjIeCtf-,-U' aAAIVILY -hidadhig all WaLUrVVU1bUb7 Urdlllidgr,
vvays, waste-water ifictCifi*ties, befor- LIM FF1kJJCAAed acnTn-y—, crild
-Utr -UVU11Ud1)9
U VV MILL btZU dT1U
�-I`ons`- to-sarroun' - W&I—A- anA
Retail inp U1116 Liallub,
U. Existing and pMosed stf-u-C'MI-es.
New text is underlined,deleted text is struek out 14
ATTACHMENT B - ORDINANCE No. 36A-97
17.01.130
GENERAL EXFMPTIONS
9 -
�E�E�Ti�IIIIVPiT1�Tr C 9FER mrT A w4LJV
v
The UUesignat-Lon 9
. y
9
a. the property meets th ClassificaLIMIL
9
A__ property
and
9MCI ally ta A 9
9
Cons ditu
and 9
New text is underlined,deleted text is struelfeut 15
ATTACHMENT B - ORDINANCE No. 36A-97
9
f
9
nearby,
`ove- and
d. The allial-nd Of
U., X�_Vlllu'v di of Mubject to man-age the
of
ZU
All
9
block,
Triast be Vy-MI. y .) .
New text is underlined,deleted text is stmek-out 16
ATTACHMENT B - ORDINANCE No. 36A-97
- y
9
84.34 the propefty-shdalff be registered-in
.
Ferty
oil at leas! and.
9
.
cU_1111U1Hr, WaL.
9 .and
New text is underlined,deleted text is etmek-eat 17
ATTACHMENT B - ORDINANCE No. 36A-97
or
mated
upon a fndiirg- hat.
. y
and
T1TTTf11/1AT A TTlIAT TT 7TTTTT7aT Ln !'1 A T_rwTT�A T TO A 1711 !lT TTTT TTTT/MTTT9T TY_A TT
9
y 9
criteria;or
f
New text is underlined,deleted text is struek eut 18
ATTACHMENT B - ORDINANCE No. 36A-97
a. rIxor to
a UU
9 r 1 d
_dT -Hectares)
'UJLC;bL Land on at least two-sides.
hat
hands pursuant to Sections I
After eutinty act!---
-or IVALEfil al. AN-C,
The following activities shall be exempt from the provisions of this ordinance,
A All olicie ,re>�u�. lations, and procedures of this ordinance are null and void and have
no effect on those activities and uses conducted pursuant he Washington State Forest
Practices Act and its rules and regulations WAC 222-12-030. where state law
�ifically exempts local authority, except those developments requiring local approval
for Class 4 General Forest Practice Permits (conversions)-as defined in RCW 76.09
and WAC 222-12,
B. Existing and on-going agricultural activities Qn lands designated as Resource an the
effective date of this ordinance.
New text is underlined,deleted text is 5tr uel(out 19
ATTACHMENT B - ORDINANCE No. 36A-97
C. Non—pal and routine maintenance and operation of existing irrigation and drainage
ac ions,farm 12Q nds, fish ponds manure lagoons and livestock water ponds, pmxided
that such activities do not involve conversion of any wetland not being used for such
activity to another land use
D. Normal and routine maintenance or repair of existing,utility structures or ghts-of-way
E Passive recreational uses, sport fishing or hunting cientific or educational review
similar minimal impact non-development activities.
F. Site investigative work required by a county, state or federal agency or any other
applicant preparing a land use application submittal such as surveys soil logs
percolation tests, and other related provided that impacts on emimm-entaRy
critical areas are minimized, and disbursed areas are restored to the preexistin 1
of function and value within one (1) year after tests are concluded.
Maintenance Qperation, reconstruction of or addition to, existin roads, streets. and
driveways provided that reconstruction ofor addition to, any such facilities does not
extend outside the previously disturbed area._
H. Any 12roiect currently under review by local, state or federal agencies prior to the
official effective date of the Mason County Interim Resource Ordinance (as amended
or adopted) are exempt from this ordinance and will be grandfathers e rep vious
Resource protection measures; except for 1rojects which are affected byt e invalidity
finding of the Western Washington Growth Management Hearings Boar ate
September 6, 1996.
Installation,construction replacement; operation or alteration of all electric facilities
lines, equipment or appurtenances; water and sewer lines, and all naMml gas, cable
communications and telephone facilities, lines,_vives, mment or
appurtenances within the previously improved area of public mad ri -of-wayor
authorized private road; but not includxne the constriction of sub tations®
New text is underlined,deleted text is stmekeat 20
ATTACHMENT B - ORDINANCE No. 36A-97
17.01.200 ENFORCFAIENT
I. RESTORATION
For property which contains designated wetlands, aquatic management areas, or
terrestrial habitat management areas or their vegetation areas which has been disturbed,
or landslide, seismic or erosion hazard areas on which a structure has been built or
located in violation of this Chapter, no permit or approval or development of the
property shall be authorized or granted for a period of up to three (3) years from
completion of restoration as determined by the Director. In the event of intentional or
knowing violation of this Chapter, the County may bring an action against the owner
of the land or the operator who committed the violation. This restoration section is also
applicable to Mitigation for Wetland!==s (Section 17,01,070 F) as modified be-low,
1. Restoration Plan.
a. Where any designated wetlands, aquatic management areas, or terrestrial
management areas or their vegetation area which has been disturbed, or
aubject to a permitted fill requiring mitigalion, or landslide, seismic or
erosion hazard areas or their buffers has been disturbed or a structure
has been built, the applicant shall cause to be prepared, by a qualified
biologist, plant ecologist, geologist or similarly qualified professional,
as appropriate, a restoration plan which shall include as a minimum the
following:
(1) The extent of disturbance, or permitted action rQuiring
mifigatim, including an inventory of all vegetation cleared; and
(2a) Measures necessary to restore the critical areas or their
buffers/vegetation area, including removal of fill, regrading to
original contours, if necessary, replacement of excavated
material, revegetation of all cleared areas with native trees
and/or plants and removal of structures; or
42b)- Location of the DrODOSed mitigation action, ownership, and
methods to recreate, as nearly as possible the original wetlands
or vegetation area in terms of acreage-function, gg-�,�r �i
location and setting-
(3) A schedule for restoration; and
(4) A monitoring plan to evaluate periodically the success of the
restoration and provide for amendments to the plan which may
become necessary to achieve its purpose.
b. In preparing and approving the restoration plan, the applicant and the
County, respectively, should consult with the Department of Wildlife,
Department of Natural Resources, Department of Fisheries, and the
Department of Ecology as appropriate.
New text is underlined,deleted text is struelt out 21
ATTACHMENT B - ORDINANCE No. 36A-97
c. The restoration plan shall be prepared at the applicant's cost and shall be
approved by the Director. The Director may approve, reject or approve
the plan with conditions. All restoration shall be consistent with the
approved restoration plan.
2. Monitoring. In any designated critical area where restoration has been required,
the applicant, at its own cost, shall provide for seasonal monitoring of the site
by a qualified biologist or other qualified professional, for a period, of three
years after completion. The applicant shall submit an annual report to the
Director which discusses i) the condition of introduced or reintroduced plant
species; ii) the condition of open water areas or other water features; iii) use
of the site by fish and wildlife species; iv) any disturbances or alterations and
their affects on the, restoration; v) additional or corrective measures which
should be taken ,to ensure the success of the restoration; and vi) other
information which the Director considers necessary to assess the status of the
restoration.
3. Restoration bond. Prior to commencing restoration of a wetland, deep water
habitat, tributary stream or protected species habitat, or their vegetation area or
a steep or unstable slope, the applicant shall post with the Director a bond or
other security in an amount sufficient to cover the cost of conformance with the
conditions of the restoration plan, including corrective work necessary to
provide adequate,drainage, stabilize and restore disturbed areas, and remove
sources of hazard associated with work which is not completed. After the
Director determines that restoration has been completed in compliance with
approved plans and the monitoring period has expired, the bond or other
security shall be released. The County may collect against the bond when work
which is not completed is found to be in violation of the conditions set forth in
the restoration plan and/or the Director determines that the site is in violation
of the purposes of this Chapter.
New text is underlined,deleted text is struch-out 22
ATTACHMENT B - ORDINANCE No. 36A-97
17.01.240 DEFINITIONS
Accessory Use or Structure: A subordinate or ancillary use, structure, building or portion of
a building located on the same parcel of land as the principal legally permitted use, structure
or building.
Aggrieved Person: The person appealing a decision of the County, who shows thathe/she may
suffer specific injury and that the interests claimed are those intended to be protected by this
Chapter.
Agricultural Activities & Existing and Ongoing Agriculture: Those activities conducted on
lands defined in RCW 84.34.020(2), and those activities involved in the production of crops
and/or raising or�g livestock,, including t he operation and maintenance of farm and stock
ponds, drainage ditches operation and mainten nce of ditches irrigation systems including
irrigation laterals, canals or irrigation drainage ditches and normal operation, maintenance,
and repair of existing serviceable agricultural structures, facilities or improved areas, and the
lra-Qtice of aauaculture Activities which bring an area into agricultural use are not part an
ongoing operation An operation ceases to be ongoing when the area on which it is being
conducted is converted to a nonagricultural use or has lain idle for more than five (5) years
unless the idle land is registered in a federal or state soils conservation 1rogm or unless the
activity is maintenance of irrigation ditches laterals, canals or drainage ditches related to an
existing and ongoing agricultural activity.
Forest practices regulated under Chanter 76.09 RCW, Title 222 WAC are not included in this
definition.
Agricultural Lands: Lands primarily devoted to the production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf,
seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
84.33.140, or livestock.
Anaerobic: Living or functioning in the absence of oxygen.
Applicant: 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.
Approval Authority: The approval authority for all administrative decisions under this Chapter
is the Director of Community Development. The approval authority for all decisions subject
to public review is the Board of County Commissioners.
New text Is underlined.deleted text Is 23
ATTACHMENT B - ORDINANCE No. 36A-97
Aquaculture: Aquaculture involves the culture and farming of food fish, shellfish and other
aquatic animals and plants in lakes, streams, inlets, bays and estuaries. Methods of aquaculture
include, but are not limited to, fish pens, shellfish rafts, racks and longlines, seaweed floats;
and the culture of clams and oysters on tidelands and subtidal areas. Excluded from this
definition are related commercial or industrial uses such as wholesale and retail sales, or final
processing and freezing.
Aquatic Management Areas: Aquatic areas and their associated uplands that are designated by
this Chapter for protection.
Aquifer: A freshwater saturated pervious geologic formation which will yield a sufficient
quantity of water to serve as a private or public water supply.
Aquifer Recharge Areas: Areas where water infiltrates the soil, and percolates through it and
surface rocks, to the groundwater table.
Best Management Practices: Conservation practices or systems of practices, and management
measures, pursuant to state law, that:
A. Control soil loss and reduce water quality degradation caused by nutrients, animal
waste, toxins and sediment; and
B. Minimize adverse impacts to surface water and groundwater flow, to circulation
patterns, and to the chemical, physical, and biological characteristics of critical areas.
Block: A parcel or set of contiguous parcels that collectively meet all classification criteria for
any officially designated resource land pursuant to this Chapter.
Board (or Board of County Commissioners): The Mason County Board of Commissioners.
Building Official: The Building Official of Mason County.
Buffer: An area of land used or designated for the purpose of insulating or separating a
structure or land use from a critical area or resource land in such a manner as to reduce or
mitigate any adverse impacts of the developed area. Permitted development and activities
within buffers depend on the type of critical area or resource land the buffer is protecting.
Chapter: Unless otherwise stated, the terms "Chapter" or "this Chapter" refer to Chapter
17.01 of the Mason County Code.
Clearing or Land Clearing: The removal or disturbance of trees, shrubs and other vegetation,
from a designated critical area or.its buffer/vegetation area by physical, mechanical, chemical,
New text is underlined,deleted text is stftteWot 24
ATTACHMENT B - ORDINANCE No. 36A-97
or any other means, to the extent that the Director determines such removal or disturbance may
constitute a safety hazard or otherwise pose a probable adverse impact on the functions or
values of that critical area or buffer/vegetation area; Provided that removal or disturbance of
vegetation from artificially landscaped areas existing at the time of adoption of this Chapter
shall not constitute clearing.
Conditional Uses: Those uses requiring a Mason Conditional Environmental Permit (MCEP)
and that may, due to their complexity or greater potential for impact, go through a public
review process subject to the terms of this Chapter.
Contaminant(s): Hazardous substance(s) which, if released in sufficient quantity, would impair
a component of the environment as a useful resource.
Critical Aquifer Recharge Areas: Aquifer recharge areas that are designated by this Chapter
for protection.
Critical Areas: Critical Areas shall include Designated Wetlands, Aquifer Recharge Areas,
Frequently Flooded Areas, Landslide Hazard Areas, Seismic Hazard Areas, Erosion Hazard
Areas, and Aquatic and Terrestrial Management Areas, as defined by this Chapter.
Critical Facility: A facility to which the existence of a geologic hazard or the chance of
flooding would present even a slight threat. Critical facilities include, but are not limited to,
public buildings; schools; hospitals; jails; police, fire, and emergency response installations;
nursing homes; and installations which produce, use, or store hazardous materials and/or
hazardous waste.
Danger T=: A tree closer than one and one-half(I and 1/2) times its height to any permalien
structure which has frequent human use (such as a houst-,, shQV, barnm or Wm12 ho
Development: A planning or construction project involving substantial property improvement
and, usually, a change of land-use character within the site; the act of using land for building
or extractive purposes.
Director or Director of Community Development: The Director of the Mason County
Department of Community Development.
Emergent Wetland: A reolated wetland with at least thirty percent (30%) of the surface are
covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
Engineer: A person who is licensed in the State of Washington in a particular field in question.
Er _ m needed to control conveyance
Erosion Control: On-site and off-site control measures That a
New text is underlined,deleted text is stfaelreat 25
ATTACHMENT B - ORDINANCE No. 36A-97
and/or deposition of earth, turbidity or pollutants after development. constnzctioti, or
restoration.
Erosion Hazard Areas: Areas susceptible to erosion that are designated by this Chapter for
protection.
Exotic: Any species of plants or animals that are not native to the watershed.
Hxtraordinary Hardship: The strict application of this ordinance and/or programs adopted W
implement this ordinance by the Administrator would cause or create severe financial loss
unreasonable safety risk or health harm to the party seeking exception waiver or variance
under this ordinance
Facility: All structures, appurtenances, and other improvements on or in the land.
Feedlot: An enclosure or facility used or capable or being used to confine livestock for the
purpose of fattening for market with hay, grain, silage, or other livestock feed.
Forested Wetland: A regulated wetland with at least thirty ement 0%) of the surface area
Wired by woody vegetation greater than twenty (20) feet in height.
Forest Lands: Lands primarily useful for growing trees, including Christmas trees subject to
the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, -
and that has long-term commercial significance for growing trees commercially.
Frequently Flooded Areas: Lands in the floodplain subject to a one percent or greater chance
of flooding in any given year. These areas include, but are not limited to, streams, rivers,
lakes, coastal areas, wetlands and the like.
Geologist: A person who has earned his/her livelihood primarily from the field of geology for
at least five years, and has received a degree in geology from an accredited 4 year institution
of higher education.
Government Lots: Those irregular tracts of land designated on the plats of the United States
Public Lands surveys.
Hazardous Substances: Substances that pose a present or potential hazard to human health or
to the quality of the drinking water supply (now or in the future) in the aquifer system
underlying Mason County, when improperly used, stored, transported, or disposed of or
otherwise mismanaged, including those materials identified as a hazardous waste in 40 CFR
261, or defined as a hazardous substance in 40 CFR 302, WAC 173-360-120. Hazardous
substances shall include petroleum products and by-products, including crude oil or any faction
thereof such as gasoline, diesel, and waste oil which is liquid at standard conditions of
New text is underlined,deleted text is struelrout 26
ATTACHMENT B - ORDINANCE No. 36A-97
temperature and pressure ((60- Fahrenheit(15.6- Centigrade), 1 .7 pounds per square inch
(1.03 Kilograms per square centimeter)).
Health Director: The Director of the Mason County Health Department.
Hydric Soil: 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
Washing on State Wetland Identification and Delineation Manual
(Ecology #96-94) or as amended.
Hydrogeology: The science that deals with the hydrology of geologic formations.
Hydrophytic Vegetation: 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
. Washington State Wetland Identifcation
and Delineation Manual (Ecology #96-94), or as amended.
Impervious Surface: That hard surface area which either prevents or retards the entry of water
into the soil mantle, whereas it entered under natural conditions prior to development; and/or
that hard surface area which causes water to run off the surface in greater quantities or at a
increased rate of flow, from that present under natural conditions prior to development.
Inholding Lands: Blocks of land that are surrounded on all sides by designated Long-Term
Commercial Forest Lands and are crucial areas for conservation of those lands but are not
directly of long-term commercial significance for forestry.
Isolated Wetlands: Those wetlands which:
A. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or
stream; and
B. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any
surface water.
C_ Have no surface water connection to a lake river or stream
Landfill: A disposal facility, or part of a facility, at which solid waste is permanently placed
in or on land, and which is not a landspreading disposal facility.
Landslide Hazard Areas: Areas susceptible to landslides that are designated by this Chapter
New text is underlined,deleted text is struelt out 27
ATTACHMENT B - ORDINANCE No. 36A-97
for protection.
Long-Term: A period of time that exceeds 100 years for forest management uses and exceeds
20 years for all other land uses.
Long-Term Commercial Forest Lands: See Forest Lands definition.
Long-Term Commercial Significance: The growing capacity, productivity, and soil
composition of the land for long-term commercial production, in consideration with the land's
proximity to population areas, and the possibility of more intense uses of land.
Lot: A designated parcel, tract or area established by a plat or otherwise as permitted by law
and to be used, developed or built upon as a unit. A lot shall not include a segregation of land
established by the County Assessor and assigned numbers for assessment purposes only.
Mason Conditional Environmental Permit (1\4CEP): A County -permit required for any
proposed development or use in an area designated by this Chapter as a critical area or resource
land, where the proposed development or use is listed as a Conditional Use 'in one or more
designated critical areas or resource lands.
Mason Environmental Permit (MEP): A County permit .required for any proposed
development or use in an area designated by this Chapter as a critical area or resource land,
where the proposed development or use is listed as a Permit Required Use in one or more
designated critical areas or resource lands. Such permits shall, when possible, be processed
concurrently with other County permits, and are designed to minimize any additional steps or
staff time.
Mineral Resource Lands: Lands devoted primarily to the extraction of minerals, or that have
known or potential long-term commercial significance for extraction of minerals.
Mining: All or any part of the process involved in extraction of minerals from the earth by
removing mineral deposits for commercial use, including surface mining and sub-surface
mining. Mining shall not include extraction, excavation or grading conducted on site
exclusively for construction, road maintenance, forestry, or farming.
Mitigation: Actions necessary to replace project-induced wetland and wetland vegetation area
losses, including land acquisition, planning, construction plans, monitoring and contingency
actions. Replacing project-induced wetland losses or impacts, which includes, but is not
limited to, the following:
A. Avoiding the impact altogether by not taking a certain action or parts of an action;
New text is underlined,deleted text is stfuek eat 28
ATTACHMENT B - ORDINANCE No. 36A-97
B. 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;
C. Restoration: Actions performed to reestablish wetland functional characteristics and
processes which have been lost by alterations, activities, or catastrophic events within
an area which no longer meets the definition of a wetland.
D. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
E. Creation: Actions performed to intentionally establish a wetland at a site where one did
not formerly exist.
F. Enhancement: Actions performed to improve the condition of existing degraded
wetlands so that the functions they provide.are of a higher quality.
G. Monitoring the impact and the compensation project and taking appropriate corrective.
measures.
Mitigation for individual actions may include a combination of the above measures.
Native Vegetation: Plant species which are indigenous to the area in question.
Naturally Occurring Lakes and Ponds: Naturally occurring ponds, not including ponds
deliberately designed and created from dry sites, such as canals, stormwater detention facilities,
waste water treatment facilities, farm ponds, and landscape amenities. However, naturally
occurring ponds may include those artificial ponds intentionally created from dry areas in order
to mitigate conversion of ponds, if permitted by a regulatory authority.
On-Site Sewage System Site Evaluation and Disposal Permit Application: An application to
place an on site sewage system on a property approved under the authority of the Mason
County Health Department. Also known as a County On-site System Permit.
Ordinary High Water Mark: On all lakes, streams, and tidal water is that mark that will be
found by examining the bed and banks and ascertaining where the presence and action of
waters are so common and usual, and so long continued in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation as that
condition exists on January 31, 1992, or as it may naturally change thereafter or as it may
change thereafter in accordance with permits issued by local government or the State
PROVIDED THAT in any areas where the ordinary high water mark cannot be found, the
ordinary high water mark adjoining fresh water shall-be the line of mean high water.
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ATTACHMENT B - ORDINANCE No. 36A-97
Parcel: See definition for "lot".
Permit Required Uses: Those uses requiring a Mason Environmental Permit (MEP) under the
terms of this Chapter, unless otherwise stated.
Practicable Alternative: 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 designated 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 purpose of the proposed activity.
Priority Habitat: A habitat We with unique or significant value to many species. An area
classified and mapped as priority habitat must have one or more of the following attributes•
Comparatively high fish and wildlife density;
Comparatively high fish and wildlife species diversity:
Important fish and wildlife breeding habitat;,
Important fish and wildlife seasonal ranges
Important fish and wildlife movement corridors:
Limited availability;
High vulnerability to habitat alteration:
Unique or d=ndent species.
Priority Habitat and Species Database: The database for the Washington State Department of
Fish and Wildlife's MMM Priorb Habitat and Species PHS Program which provides the
following_three products:
Lists of the WDIMs most important habitats and specie
s:
Management recommendations for each priority habitat and species; and
Males showing the geographic location of priority habitats and species
Public Building: . Any structure owned by a governmental entity that is designed for human
occupancy pursuant to the Uniform Building Code.
Public Works Director: The Director of the Mason County Department of Public Works.
Qualified Wetland Professional: A person with experience and training in wetland issues, and
with experience in performing delineations, analyzing wetland functions and values, analyzing
wetland impacts, and recommending wetland mitigation and restoration. Qualifications
include:
A. Bachelor of Science or Bachelor of Arts or equivalent degree in biology, .botany,
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ATTACHMENT B - ORDINANCE No. 36A-97
environmental studies, fisheries, soil science, wildlife or related field, and two years
of related work experience, including a minimum of one year experience delineating
wetlands using any Federal Manual for Identifying and Delineating Jurisdictional
Wetlands and preparing wetland reports. The Washington State Wetland Identification
and Delineation Manual (Ecology #96-94) will become the standard delineation
methodology for wetlands beginnning in 1997 Experience with this manual will be
mQuired when it is adopted Additional education may substitute for one year of related
work experience; or
B. Four years of related work experience and training, with a minimum or two years
experience delineating wetlands using any Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and preparing wetland reports;-or_
A person certified by the Society of Wetland Scientists as a Professional Wetlands
Scientist,
Reasonable Use° A legal concQpt that has been articulated by federal and State of Washington
courts in re ug latory takingcases,
ases,
Recreation: Activities such as hiking, canoeing, viewing, nature study, photography and
fishing that do not require extensive preparation of facilities. Activities that include, but are not
limited to, parks, playgrounds, athletic fields, campgrounds, and boat ramps, and may require
land clearing, earth modification, construction of permanent structures and other facilities.
RCW: Revised Code of Washington
Release: Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a
hazardous substance(s) from a facility or activity into or onto soil, air, water, groundwater, or
other materials.
Release Detection: A method or methods of determining whether a release or discharge of a
hazardous substance from a regulated facility into the environment has occurred.
Repair or Maintenance: 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 designated critical areas are not included
in this definition.
Residential Density: The permissible number of dwelling units that may be developed on a
specific amount of land area measured in number of dwelling units per acre.
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ATTACHMENT B - ORDINANCE No. 36A-97
Resource Lands: Resource lands shall include agricultural lands, forest lands, and mineral
resource lands as defined by this Chapter.
Scrub Shrub Wetland: A regulated wetland with at least thirty percent 30%) of its surface
area covered by woody vegetation less than twe-nAy (20) feet in height as the uppermost strata
Seismic Hazard Areas: Areas particularly susceptible to damage from seismic activity that are
designated by this Chapter for protection. Types of Seismic Hazards include:
1. Differential Settlement: The downward movement of soil caused by a shift
underlying sediments which result in a depression in the soil surface.
2. Earthquake: Ground failures that could affect an area and include landslides, lateral
spreading, liquefaction, lurch cracking, stream and canal bank failures, rockfalls, and
differential settlement of the ground surface not directly attributable to one of the
foregoing.
Earthquakes can cause landslides due to the shaking of unstable rock and soil
resulting in a sliding of the surface even on gentle slopes.
3. Ground Shaking: A complex surface wave motion produced by its passage of seismic
waves through the earth's outer crust.
4. Lateral Spreading: The lateral movement of soil on top of liquefied granular or sandy
soils induced by strong'seismic shaking.
5. Liquefication: This can change certain granular soils into a kind of quicksand when
caused by strong seismic shaking.
6. Lurch Cracks: Random cracks and fissures in the soil induced by strong seismic
shaking.
7. Regional Uplift/Settlement: A result of tectonic movements of the eart 's crust during
large scale earthquake activity. Regional uplift on the order of 8 to 12 feet occurred
along the lower arm of Hood Canal, North Bay of Case Inlet some 800 to 1,000 years
ago during a great earthquake in the Puget Sound south of Seattle. Evidence is seen in
old elevated beach terraces in this area.
8. Rockfalls: This can occur when nearly vertical rock slopes fail during strong seismic
shaking.
9. Seiches: Earthquake induced water waves in a confined body of water caused by
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ATTACHMENT B - ORDINANCE No. 36A-97
periodic oscillations of the water in response to ground shaking.
10. Surface Faulting: The fracturing of soil or rock on the earths surface. Surface faulting
could occur on mapped faults shown on geologic maps of the Mason County area.
11. Tsunami: Catastrophic sea waves generated in large bodies of water by strong
earthquakes, underwater landslides or volcanic explosion. Tsunami waves travel at
speeds of up to 400 mph across the open ocean and can form waves reported up to 200
feet in height when encountering land with a long shallow ocean fronting shelf.
Tsunamis, averaging at least 20 feet in height, have been generated in Puget Sound as
evidenced in recent geologic studies.
Sensitive Species: Any wildlife species listed by the federal government or the State of
Washington as sensitive because it is vulnerable or declining and is likly to become
endangered or threatened in a significant portion of its range within the =Q without
cooperative management or removal of threats.
Serviceable: Presently useable.
SEPA: The State Environmental Policy Act, 43.21c RCW, and implementing State and
County administrative rules.
Setback: The distance from a lot, parcel, tract, critical area or resource land boundary, beyond
which the footprint or foundation of a structure shall not extend.
Site: Any lot, tract, parcel, large lot holding, either owned or leased, intended for
development.
Slope: An inclined ground surface, the inclination of which is expressed as a ratio of vertical
distance to horizontal distance.
Streams: nose areas where surface waters flow sufficiently to produce a defined channel or
bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of
water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and
defined channel swales. The channel or bed need not contain water year round. This definition
is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other
entirely artificial watercourses, unless they are used by salmon or used to convey streams
naturally occurring prior to construction. For regulatory purposes under this Chapter, this
includes DNR Water Types I-IV (WAC 222-16-030).
Surface Mining: Includes, and is limited to, all activities defined as "surface mining" under
Section 78.44.030 RCW or as hereafter amended, except that operations meeting the definition
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ATTACHMENT B - ORDINANCE No. 36A-97
of surface mining and are less than 3 acres (1.21 hectares) in size may also be designated by
the Mason County Engineer as surface mining operations, if these operations are deemed
critical for maintenance of local government infrastructure.
Structure: In accordance with the Uniform Building Code, that which is built or constructed,
an edifice or a building of any kind, or any piece of work artificially built up or composed of
parts joined together in some definite manner.
Terrestrial Management Areas: Areas where the presence of animal species exists that have
been designated by this Chapter for protection.
Threatened or Endangered Species: All species of wildlife listed as "threatened" or
"endangered" by the Washington State Department of Wildlife.
Trail: A trail is a limited use path or beaten track, with minimum improvements.
VariancaA grant of relief from the specific=uireniLnis of this ordinance which permits use
of property in a manner that Would otherwise be prohibitedby this Qrdinan—ce,
Vegetation Area: An area of land used or designated for the purpose of insulating or separating
a structure or land use from a critical area or resource land in such a manner as to reduce or
mitigate any adverse impacts of the developed area. Permitted development and activities
within vegetation areas depend on the type of critical area or resource land the vegetation area
is protecting.
WAC: Washington Administrative Code
Water-dependent: Requiring the use of surface water that would be essential to fulfill the
purpose of the proposed project.
Waters of the State: A classification system established in WAC 222-16-030, or as hereafter
amended.
Wetland Management Area: Wetland areas and their associated uplands that are designated by
the Chapter for protection.
Wetland Edge: The boundary of a wetland as delineated based on the regulations contained
in this Chapter.
Wetland Hydrology: Permanent or periodic inundation, or soil saturation to the surface during
the growing season which typically creates anaerobic conditions in the soil that affects the types
of plants that can grow and the types of soils that can develop. The presence of wetland
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ATTACHMENT B - ORDINANCE No. 36A-97
hydrology shall be determined following the methods described in the "US
y NEurp 01
Enginecrs Wtflands DeYmeation Ni-----daf� '1 98071" Washington State Wetland Identification and
DelineationManual (,Ecology #96-94)-,.
Wetlands: Areas that are inundated or saturated by surface water or ground water 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, waste water
treatment facilities, farm ponds, and landscape amenities or those wetlands created after My
1, 1990, that were unintentionally created as a result of the construction of a road, sLrQ?A Q
highway. However, wetlands may include those artificial wetlands intentionally created from
non-wetland areas created to mitigate conversion of wetlands, if permitted by the county or
city. Wetlands regulated under this chapter do not include category II and In wetlands of less
than 2,500 square feet or category IV wetlands of less than 10,000.square feet.-
New text Is underlined,deleted text Is stme4tout 35
ATTACHMENT C - ORDINANCE No. 36A-97
Mason County Board of County Commissioners
Resource Redesignation - Interim Resource Ordinance - 1997
FINDINGS OF FACT
1.
The Interim Resource Ordinance (IRO) was adopted in 1993 by Mason County. "The purpose of
the Interim Resource Ordinance is to protect Mason County's natural resource lands and critical
areas while the County develops it comprehensive plan and associated regulations." The IRO was
intended to comply with the requirements of the Washington State Growth Management Act
including Section 36.70A.060, which called for such interim protections. Section 17.01.130 had
the following purpose: "This Section sets out the standards and processes for changing the
designation of resource lands to non-resource lands, and non-resource lands to resource lands,
after the effective date of this Chapter."
2.
The Western Washington Growth Management Hearings Board received a petition to review the
IRO, and it subsequent issued two orders, dated January 8, 1996, and September 6, 1996, which
remanded the resource redesignation process and criteria to the county so that they might be
brought into compliance with the Growth Management Act.
3.
Mason County adopted its Comprehensive Plan on April 2, 1996. Included in the plan were
guidelines for future amendments to the plan (page 1-2.3), a Future Land Use Map which
designated areas for Long-Term Commercial Forest Land (figure IV-1.1), and a Long-Term
Commercial Mineral Lands map (figure IV-5.2). Mason County implemented the comprehensive
plan, in part, by adoption of the Development Regulations on June 17, 1996. Changes to the
resource area designations will require amendment of the plan and development regulations.
4.
Mason County adopted Title 15, Mason County Development Code, on December 10, 1996. The
stated intent is as follows: "The purpose of this Title is to combine and consolidate the application,
review, and approval processes for land development in Mason County in a manner that is clear,
concise, and understandable." Title 15 contains Section 15.09.060 Type IV Decision Review and
Recommendation. The section provides that: "The process for amending the Mason County
Comprehensive Plan and implementing development regulations (hereinafter "annual amendment
process") shall follow the steps below. Generally, the county will consider both the plan and
regulation amendments together, and it will consider them only one time each year." Title 15 is
also intended to be consistent with the Growth Management Act and State Environmental Policy
Act, as they have been amended through 1996.
.Attachment C - Ordinance No. 36A-97
Page 2
5.
The Mason County Comprehensive Plan has many goals and policies which are to be used in the
review process for a proposed amendment or group of amendments. These many goals and
policies are not reflected in the criteria established in the redesignation section of the IRO; and
RCW 36.70A.040 requires that development regulations be consistent with the plan.
6.
A State Environmental Policy Act Determination of Nonsignificance was issued on these
amendments on February 27, 1997. The determination and public hearing were duly advertised.
The comment period.ended March 14, 1997. No comments were received. The proposal has not
been modified from that which was distributed under the SEPA review.
7.
A comparison of the resource designation amendment provisions in the IRO, and the amendment
provisions in Title 15 reveals several inconsistencies, including: 1) the parties that may request
amendment, 2) the procedure for review, including incompatible time lines, 3) the requirement
for notification to the state Department of Community Development, 4) the requirement for a
comprehensive review of all proposed amendments only one time each year.
8.
The Mason County Planning Commission held a public hearing on this proposal on March 17,
1997. After said hearing, the Planning Commission adopted findings of fact and forwarded to the
Board the recommendation that the proposed amendment be made.
9.
The Board of Commissioners held a public hearing on this proposal April 1, 1997, continued to
April 14, 1997.
10.
The Board finds that the proposed ordinance balances the relevant goals of the Mason County
comprehensive plan and the Growth Management Act. The proposal promotes the goal of a
timely, fair and predictable permitting process. With the public process, SEPA coordination, and
special requirements of the Growth Management Act, the proposal promotes the citizen
participation and coordination goals.
From the preceding findings, it is concluded that resource redesignation provisions in Section
17.01.130 of the Interim Resource Ordinance should be deleted.
Chair, *Vd" �O�Unty,/Ilard of County Commissioners Date