HomeMy WebLinkAboutORD 4346Amended By ORO #4478 ,4538,4703
4835,4963,5000
5153
CITY OF RENTON,WASHINGTON
ORDINANCE NO.4346
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING TITLE IV (BUILDING REGULATIONS),OF ORDINANCE
NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE
CITY OF RENTON,WASHINGTON"BY ADDING CHAPTER 32
RELATING TO WETLANDS MANAGEMENT.(Interim Ordinance)
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO
ORDAIN AS FOLLOWS:
SECTION 1.Title IV (Building Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of
Renton,Washington"is hereby amended by adding Chapter 32 which
reads as follows:
CHAPTER 32
WETLANDS MANAGEMENT
SECTION:
4-32-1 :
4-32-2:
4-32-3:
4-32-4:
4-32-5:
4-32-6:
4-32-7:
4-32-8:
4-32-9:
4-32-10:
4-32-11 :
4-32-12:
4-32-13:
4-32-14 :
4-32-15:
4-32-16:
4-32-17 :
4-32-1:
Findings of Fact and Purpose
General Provisions
Lands to Which this Chapter Applies
Allowed and Regulated Activities
Review Procedures for Projects with Wetlands
Standards for Permit Approvals
Densities and Separate Tracts
Non-Conforming Activities
Temporary Emergency Permit Procedure
JUdicial Review
Amendments
Severability
Assessment Relief
Violations Declared Nuisance
Definitions
Effective Date
Relationship to SEPA.
Findings of Fact and Purpose:
A.Findings of Fact.
The city council of the City of Renton,Washington hereby
finds that:
1.Wetlands are valuable and fragile natural
resources with significant development constraints due
ORDINANCE NO.4346
to flooding,erosion,soil liquefaction potential,and
septic disposal limitations.In their natural state,
wetlands provide many valuable social and ecological
services,including:protecting water resources by
filtering out water pollutants,providing biological
and chemical oxygen demand,recycling and storing
nutrients,serving as settling basins for naturally
occurring sedimentation and providing areas for
groundwater recharge.Wetlands provide essential
habitat for many species of fish,wildlife,and
vegetation.Wetlands provide open space visual relief
from intense development in urbanized areas,and
recreation opportunities;and serve as important areas
for scientific study and natural resource education.
2.Development in wetlands results in increased soil erosion
and sedimentation of downstream water bodies,including
navigable channels;degraded water quality due to
increased turbidity and loss of pollutant removal
processes such as sediment trapping,nutrient removal and
chemical detoxification;the elimination or degradation of
fisheries and wildlife habitat from water quality
degradation,increased peak flow rates,decreased summer
low flows,changes in the hydrologic regimen;loss of
stormwater retention and slow release capacity resulting
in flooding,degraded water quality,changes in the
streamflow regimen of watersheds;and loss of groundwater
recharge and discharge areas.
3.BUffer areas surrounding wetlands are essential to
maintenance and protection of wetland functions and
values.Buffer areas protect wetlands from degradation
by:stabilizing slopes and preventing erosion;filtering
suspended solids,nutrients and harmful toxic substances;
moderating the impacts of stormwater runoff;moderating
microclimate;supporting and protecting wetland plant and
animal species and biotic communities;and reducing
disturbances to wetland resources caused by the activities
of humans and domestic animals.
4.The loss of the social and ecological services provided by
wetlands results in a detriment to pUblic safety and
welfare;replacement of such services,if possible,can
require considerable pUblic expenditure.
5.considerable acreage of these important natural resources
has been lost or degraded by draining,dredging,filling,
excavating,building,polluting,and other acts
inconsistent with the natural uses of such areas.
Remaining wetlands are in jeopardy of being lost,
despoiled,or impaired by such acts.
It is therefore necessary,to ensure maximum protection for the
health,safety and welfare of Renton's citizens,for the City
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ORDINANCE NO.4346
of Renton to discourage alterations of wetlands and
development activities in wetlands that may adversely affect
wetland functions and values,to encourage restoration of
already disturbed wetland systems,and to encourage creation of
new wetland areas.
B.Policy and purpose.
It is the policy of the City of Renton to balance community
desires for economic development and affordable housing with
the responsibility to retain the city I s remaining wetlands by
encouraging higher intensity development in areas already
supported by infrastructure and encouraging lower intensity
development in areas containing wetlands.It is the city's
policy to encourage restoration of disturbed and low value
wetlands and to provide maximum protection for those high value
wetlands remaining in the city.As such,it is the policy of
the City of Renton to require bUffers of natural vegetation
around wetlands and to encourage site planning to protect and
minimize damage to wetlands wherever possible.The City
supports the concept of no net loss of wetland acreage,values
and functions by protecting high value wetlands,and requiring
restoration of disturbed wetlands or creation of new wetlands
to offset losses that are unavoidable.In particular,the city
encourages land development projects which seek to improve the
hydrologic and wildlife habitat functions of low value
wetlands.
In addition,it is the intent of the City of Renton that
activities in or affecting wetlands not threaten pUblic safety,
cause nuisances,or destroy or degrade natural wetland
functions and values.The purposes of this chapter are to
protect the pUblic health,safety and welfare by preventing and
managing the adverse environmental impacts of development
within and adjacent to wetlands.The purposes of this chapter
are to:
1.Preserve,protect
development within
and
them
restore wetlands
and around them;
by regulating
2.Protect the public from:
a.Preventable
facilities
impaired;
maintenance and replacement of pUblic
needed when wetland functioning is
b.Costs associated with repair of downstream properties
resulting from erosion and flooding due to the loss
of water storage capacity provided by wetlands;
c.Unnecessary costs
relief operations;
3
for
and
pUblic emergency rescue and
ORDINANCE NO.4346
d.Potential
practices
litigation
occurring in
on improper
wetland areasi
construction
3.Alert appraisers,assessors,owners,and potential buyers
or lessees to the development limitations of wetlands;
4.Provide City of Renton officials with information to
evaluate,approve,condition,or deny pUblic or private
development proposals;
5.Prevent the loss of wetlands acreage and functions and
strive for a net gain over present conditions;and
6.Assist or further the implementation of the policies of
the Growth Management Act,the state Environmental Policy
Act,Chapter 43.21C RCW,City of Renton Comprehensive
Plan,site Plan Review Ordinance (4-31-33),storm and
Surface Water Drainage Ordinance (4-22),Mining,
Excavation and Grading Ordinance (4-10),Shoreline Master
Program (4-19),and all other present and future city of
Renton functional,environmental and community plans and
programs.
4-32-2:General Provisions:
A.Abrogation and Greater Restrictions.
It is not intended that this chapter repeal,abrogate,or
impair any existing regulations,easements,covenants,or deed
restrictions.However,where this chapter imposes greater
restrictions,the provisions of this chapter shall prevail
unless specifically provided otherwise in this chapter.
Regulated activities approved prior to the passage of this
chapter but which are not in conformity with the provisions of
this chapter are subject to the provisions in Section 8,"Non-
Conforming Activities.11
B.Administration and Interpretation.
The responsibility for the administration,enforcement and
interpretation of this chapter shall be with the
Planning/Building/Public Works Department.The Department
Administrator as referenced in this chapter is the
Department Administrator or his/her designee(s).
The provisions of this chapter shall be held to be minimum
requirements.Application and interpretation of the provisions
shall be liberally construed to serve the purposes of this
chapter.
c.Scope.
It is the city of Renton I s intent to approve proj ects and/or
permit conduct of a regulated activity (see Section 4-32-4).in
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ORDINANCE NO.4346
a wetland area only when they conform to this chapter or the
Ci ty's interpretation of this chapter.Prior to any
development or alteration to a property containing a wetland as
defined in section 4-32-3 of this chapter,the owner or
designee must obtain a wetland development permit.
4-32-3:Lands to Which this Chapter Applies:
A.Applicability.
1.This chapter applies to any use or development proposed on
pUblic or private property or rights-of-way within a
regulated wetland or within a required bUffer zone for a
regulated wetland pursuant to Sections 4-32-3.C and 4-32-
3.E of this Chapter.
2.The applicant shall be required to conduct a study to
determine the classification of the wetland if the subject
property or project area is within 25 feet of a wetland
even if the wetland is not located on the sUbject property
but it is determined that alterations of the sUbject
property are likely to impact the wetland in question.A
wetland delineation is required for any portion of a
wetland on the subject property that will be impacted by
the permitted activities.The study shall be waived by
the Department Administrator when the application is for a
single family residence on an existing lot,or when the
applicant provides satisfactory evidence that a road,
building or other barrier exists between the wetland and
the proposed activity,or when the buffer area needed or
required will not intrude on the applicant's lot,or when
the property owner agrees to maintain the buffer in its
existing or an improved state as determined by the City.
3.All proposed activities in regulated wetlands and wetland
buffers shall comply with the requirements of this
chapter.Expansion or alteration of existing activities
shall also comply with the requirements of this chapter.
4.The city is authorized to adopt written procedures for
the purpose of carrying out the provisions of this
chapter.The city of Renton shall not grant any
approval or permit any regulated activity in a wetland
or wetland bUffer prior to fUlfilling the requirements
of this chapter.Such approvals/permit include,but
are not limited to the following:site plan approval,
conditional use,planned unit development,building
permit,filling and grading permit,land clearing and
tree cutting permit,right-of-way use permit,shoreline
substantial development permit,shoreline variance;
shoreline conditional use permit,shoreline
environmental redesignation (if wetlands are involved),
unclassified use permit,variance,zone
reclassification,subdivision,special use permit,
5
utility
adopted
exempted
ORDINANCE NO.4346
and other use permit,or any subsequently
permit or required approval not expressly
by this chapter.
B.Maps and Inventory.
The approximate location and extent of wetlands in the city of
Renton is displayed on the Renton Wetland Inventory Map.The
Map is to be used as a guide to the general location and extent
of wetlands.For the purpose of regulation,the wetland edge
should be determined pursuant to section 4-32-3.C.Wetlands,
which are defined in section 4-32-3.C but not shown on the
Renton Wetlands Inventory,are presumed to exist in the city of
Renton and are also protected under all the provisions of this
chapter.
C.Wetlands Definition and Determination of Regulatory Edge.
1.Wetlands are those lands transitional between terrestrial
and aquatic systems that are inundated or saturated by
ground or surface water at a frequency and duration
sufficient to support and,under normal circumstances,do
support a prevalence of vegetation typically adapted for
life in saturated soil conditions.For the purpose of
regulation,the exact location of the wetland edge shall
be determined by the wetlands specialist hired at the
expense of the applicant through the performance of a
field investigation using the procedures provided in the
following manual:
Federal Interagency Committee for Wetland
Delineation.1989.Federal Manual for
Identifying and Delineating Jurisdictional
Wetlands.U.S Army Corps of Engineers,U.S.
Environmental Protection Agency,U.S.Fish and
Wildlife Service,U.S.D.A.Soil Conservation
Service.Washington D.C.Cooperative Technical
Publication.76 pages plus appendices.
Wetlands created or restored as part of a mitigation
project are regulated wetlands.Wetlands intentionally
created for purposes other than wetland mitigation,
including but not limited to,stormwater management,
wastewater treatment or landscape amenities are not
considered regulated wetlands.
2.Where the applicant has provided a delineation of the
wetland edge,the City shall review and may render
adjustments to the edge delineation.In the event the
adjusted edge delineation is contested by the applicant,
the City shall,at the applicant's expense,obtain the
services of an additional qualified wetlands specialist to
review the original study and render a final delineation.
A final wetlands delineation is valid for two years.
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ORDINANCE NO.4346
Extensions for additional years can be approved by the
Department Administrator if an application is proceeding
in a timely manner through the permit process.
D.Wetlands Classification System.
The following classification system is hereby adopted for the
purposes of regulating wetlands in the city of Renton.
Wetlands buffer widths,replacement ratios and avoidance
criteria shall be based on the following rating system.
1.Very High Quality wetlands -
Category 1 wetlands are wetlands greater than 2,200 sq.
ft.which meet one or more of the following criteria:
a.The presence of species listed by federal or state
government as endangered or threatened,or the
presence 'of essential habitat for those species;
b.Wetlands having 40%to 60%permanent open water (in
dispersed patches or otherwise)with two or more
vegetation classes;
c.Wetlands equal to or greater than ten acres in size
and having three or more vegetation classes,one of
which is open water;
d.The presence
occurrence;or
occurrence,or
of plant
at the
associations of infrequent
geographic limits of their
e.Wetlands assigned the Unique/Outstanding #1 rating in
the current King County Wetlands Inventory 1991 or as
thereafter amended.
2.High Quality Wetlands -
Category 2 wetlands are wetlands greater than 2,200 sq.
ft.which meet one or more of the following criteria:
a.Wetlands greater than 2,200 sq.ft.that are not
Category 1 or 3 wetlands;
b.Wetlands that have heron rookeries or raptor nesting
trees,but are not category 1 wetlands;
c.Wetlands of any size located at the headwaters of a
watercourse,but are not Category 1 wetlands;
d.Wetlands assigned the Significant #2 rating in the
current King County Wetlands Inventory 1991 or as
thereafter amended;
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ORDINANCE NO.4346
e.Wetlands having minimum existing evidence of human
related physical alteration such as diking,ditching,
channelization.
3.Lower Quality Wetlands -
Category 3 wetlands are wetlands greater than 5,000 sq.
ft.which meet one or more of the following criteria:
a.Wetlands
disturbed
following
that are
wetlands
criteria:
severely disturbed.
are wetlands which
Severely
meet the
(1)Are characterized by hydrologic isolation,
human-related hydrologic alterations such as
diking,ditching,channelization,and/or outlet
modification;and
(2)Have soils alterations such as the presence of
fill,soil removal,and/or compaction of soils;
and
(3)May have altered vegetation.
b.Wetlands that are newly emerging.
wetlands are:
Newly emerging
(1)Wetlands occurring on top of fill materials;and
(2)Characterized by emergent vegetation,low plant
species richness and used minimallY by wildlife.
These wetlands are generally found in the areas
such as the Green River Valley and Black River
Drainage Basin.
c.All other wetlands not classified as Category 1 or
2 such as smaller,high quality wetlands.
E.Wetland Buffer Definition and Determination of Regulatory Edge.
Buffers are designated areas adjacent to a regulated wetland
which protect the wetland from surrounding activities and
protect adjacent properties from changes in the location of the
wetland edge.Wetland buffers minimize the short and long term
impacts of development on properties adjacent to wetlands,
preserve important wildlife habitat,allow for infiltration and
water quality improvement,protect buildings,roads and other
infrastructure as well as property owners from flood damage in
years of high precipitation.Wetland buffer zones shall be
required of all proposed regulated activities adjacent to
regulated wetlands.Any wetland created or restored as
compensation for approved wetland alterations shall include the
standard buffer required for the class of the wetland being
8 I
I
ORDINANCE NO.4346
replaced.All buffers shall be measured from the wetland
boundary as surveyed in the field pursuant to the requirements
of section 4-32-3.C.
F.standard Buffer Zone Widths.
The width of the required wetland buffer zone shall be
determined according to the wetland category and,if
applicable,the City of Renton Shoreline Master Program (SMP)
designation.The buffer zone required for all regulated
wetlands is determined by the classification of the wetland.
If the wetland is regulated under the SMP then the buffer width
required is determined by the SMP land use designation.
2)Category 2 50 feet
(High Quality)
1)Category 1 100 feet
(Very High Quality)
3)Category 3 25 feet
(Lower Quality)
-disturbed
-newly emerging
-other
Wetland Category
Not Regulated
By the Shoreline
Master Program
Standard Buffer
Shorel ine Master Program (SMP)
Regulated
SMP Designation SMP Buffer
Urban 100 feet
Conservancy 200 feet
Natural 300 feet
Urban 50 feet
Conservancy 100 feet
Natural 200 feet
Urban 25 feet
Conservancy 50 feet
Natural 50 feet
G.Increased Wetland Buffer Zone Width.
The City1s Department Administrator may require increased standard
buffer zone withs in unique cases -i.e.endangered species,very
fragile areas,when a larger buffer is necessary to protect wetlands
functions and values.This determination shall be supported by
appropriate documentation provided by the city showing that
increased buffers are reasonably related to protection of the
functions and values of the regulated wetland.such determination
shall be attached as a condition of project approval and shall
demonstrate that:
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ORDINANCE NO.4346
1.A larger buffer is necessary to maintain viable
populations of existing species;or
2.The wetland is used by species listed by the federal or
the state government as threatened,endangered and
sensitive species and state listed priority species,
essential habitat for those species or has unusual nesting
or resting sites such as heron rookeries or raptor nesting
trees or evidence thereof;or
3.The adjacent land is susceptible to severe erosion and
erosion control measures will not effectively prevent
adverse wetland impacts;or
4.The adjacent land has minimal vegetative cover or slopes
greater than 15 percent.
H.Reduction of standard Wetland Buffer Zone Width.
The Department Administrator may approve a reduction in the
standard wetland buffer zone widths on a case-by-case basis
where it can be demonstrated by the applicant that:
1.The adjacent land is extensively vegetated and has less
than 15 percent slopes and that no direct or indirect,
short-term or long-term,adverse impacts to regulated
wetlands,as determined by the city,will result from a
regulated activity.The city's determination shall be
based on specific site studies by recognized experts.The
city may require long-term monitoring of the project and
sUbsequent corrective actions if adverse impacts to
regulated wetlands are discovered;or
2.The project includes a buffer enhancement plan using
native vegetation and substantiates that the enhanced
buffer will be equal to or improve the functional
attributes of the buffer.An enhanced buffer shall not
result in greater than a 25 percent reduction in the
buffer width,and the reduced buffer shall not be less
than 25 feet wide.
Such determination and evidence shall be included in the
application file and public notification shall be given as
specified in city of Renton city code.
I.Standard Wetland Buffer Width Averaging.
standard wetland buffer
buffer widths.Wetland
allowed only where the
following:
zones may be modified by averaging
buffer width averaging shall be
applicant demonstrates all of the
10
ORDINANCE NO.4346
1.That averaging is necessary to avoid denial of reasonable
use to the applicant caused by circumstances peculiar to
the property;and
2.That the wetland contains variations in sensitivity due to
existing physical characteristics;and
3.That only low intensity land uses would be located
adjacent to areas where buffer width is reduced,and that
such low intensity land uses are guaranteed by covenant,
deed restriction,easement,or other legally binding
mechanism;and
4.That width averaging will not adversely impact the wetland
function and values;and
5.
4-32-4:
That the total area contained wi thin the wetland buffer
after averaging is no less than that contained within the
required standard buffer prior to averaging.In no
instance shall the buffer width be reduced by more than
50%of the standard buffer or be less than 25 feet wide.
Allowed and Regulated Activities:
A.Allowed Activities within Wetlands and Buffers.
The following activities shall be allowed within a wetland or
wetland buffer to the extent that they are not prohibited by
any other chapter or law and provided they are conducted using
best management practices as specified by industry standards or
applicable federal agencies or scientific principles,wetland
impacts are minimized and that disturbed areas are immediately
restored;and provided further that forest practices and
conversions shall be governed by Chapter 76.09 RCW and its
rules;and further provided they are given prior written
confirmation of their allowed activity status by the Department
'Administrator:
1.conservation or preservation of soil,water,vegetation,
fish,and other wildlife.
2.Passive recreation,including walkways and trails,and
open space.
3.Non-destructive education and research.
4.Normal and routine maintenance and repair of any existing
pUblic or private uses and facilities where no alteration
of the wetland or additional fill materials will be
placed.The use of heavy construction equipment shall be
limited to utilities and pUblic agencies that require this
type of equipment for normal and routine maintenance and
repair of existing utility or pUblic structures and
II
ORDINANCE NO.4346
rights-of-way.In every case,wetland impacts shall be
minimized and disturbed areas shall be restored during and
immediately after the use of construction equipment.
5.Normal and routine maintenance,operation and repair of
existing parks and trails,streets,roads,rights of way
and associated appurtenances,facilities and utilities
where no alteration or additional fill materials will be
placed other than the minimum alteration and/or fill
needed to restore those facilities to meet established
safety standards.The use of heavy construction equipment
shall be limited to utilities and pUblic agencies that
require this type of equipment for normal and routine
maintenance and repair of existing utility structures and
rights-of-way.In every case,wetland impacts shall be
minimized and disturbed areas shall be restored during and
immediately after the use of construction equipment.
6.The harvesting of wild foods in a manner that is not
injurious to natural reproduction of such foods and
provided the harvesting does not require tilling of soil,
planting of crops,or alteration of the wetland.
7.Existing and ongoing agricultural activities including
farming,horticulture,aquaculture,irrigation.
Activities on areas lying fallow as part of a conventional
rotational cycle are part of an ongoing operation.
Activities which bring a wetland 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.
Note:
or its
Grazing
buffer.
of animals is not allowed within a wetland
8.site investigative work necessary for land use application
submi ttals such as surveys,soil logs,percolation tests
and other related activities.Investigative work should
not disturb any more than 5%of the wetland.In every
case,wetland impacts shall be minimized and disturbed
areas shall be immediately restored.
9.New surface water discharges to wetland Categories 1,2,
and 3,or buffers of Categories 1,2,and 3,from
detention facilities,pre-settlement ponds or other
surface water management structures provided that the
discharge meets the requirements of the storm and Surface
Water Drainage Ordinance (Chapter 22),provided the
discharge will not result in significant changes in the
water temperature or chemical characteristics of the
wetland water sources and provided there is no increase in
the existing rate of flow unless it can be demonstrated
12
ORDINANCE NO.4346
would result in
Where differences
Chapter 22,these
that the change in hydrologic regime
greater wetland functions and values.
exist between these regulations and
regulations will take precedence.
10.Any wetland and/or buffer restoration or other mitigation
activities which have been approved by the City.
11.With respect to category 3 wetlands,development having no
feasible alternative location,provided all associated
impacts are mitigated pursuant to Section 4-32-6 of this
Chapter.
12.Regional stormwater management facilities to be operated
and maintained under the direction of the city of Renton
Storm Water utility that are proposed and designed
consistent with the Washington State Department of Ecology
Wetlands and stormwater Management Guidelines.
B.Additional Allowed and Regulated Activities in a Wetland
Buffer.
Except as otherwise specified,all required wetland buffer
zones shall be retained in their natural condition.Where
buffer disturbance has occurred during construction or other
activities,revegetation with native vegetation may be
required.Only the allowed activities specified in Section 4-
32-4.A will be permitted in a buffer.The following activities
may be permitted with administrative review and approval by the
Department Administrator:
1.Any activities having minimal adverse impacts as
determined by the Responsible Official on bUffers and no
adverse impacts on regulated wetlands provided all
associated bUffer impacts are mitigated;
2.Stormwater management facilities including stormwater
dispersion outfall systems designed to minimize impacts to
the buffer and wetland where the site topography requires
their location within the buffer to allow hydraulic
function,provided the standard bUffer zone area
associated with the wetland classification is retained
pursuant to section 4-32-3.F,and is sited to reduce
impacts between the wetland and surrounding activities.
c.Exempt Activities.
The following activities,once provided with a certificate of
Exemption,are exempt from the provisions of this chapter:
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ORDINANCE NO.4346
1.Any activity affecting a single,hydrologically isolated
Category 1 or 2 wetland no greater than 2,200 sq.ft.
within a property boundary.
2.Any activity affecting hydrologically isolated Category 3
wetland no greater than 5,000 sq.ft.within a property
boundary.
3.Remodeling,restoring,replacing or removing structures,
facilities and other improvements in existence on the date
this chapter becomes effective and that do not meet the
setback or buffer requirements of this chapter provided
the work complies with the criteria in Section 4-32-8 of
this chapter.
4.Relocation out of wetland areas of natural gas,cable,
communication,telephone and electric facilities,lines,
pipes,mains,equipment or appurtenances,(not including
sUbstations),with an associated voltage of 55,000 volts
or less,only when required by a local governmental
agency,and with the approval of the City of Renton.
5.Wi thin existing and improved public road rights-of-way,
installation,construction,replacement,operation or
alteration of all natural gas,cable,communication,
telephone and electric facilities,lines,pipes,mains,
equipment or appurtenances,traffic control devices,
illumination,walkways and bikeways.If activities exceed
the existing improved area or the pUblic right-of-way,
this exemption does not apply.
6.Overbuilding (enlargement beyond existing project needs)
or replacement of existing utility systems and
replacement and/or rehabilitation of existing streets
provided the work does not increase the footprint of the
structure,line or street by more than 10%within the
wetland and/or buffer areas.
7.New construction of a single-family residence and/or
garage or construction activity connected with an existing
single family residence and/or garage provided that the
work does not increase the footpr int of the structure
lying within the wetland or wetland buffer by more than
1000 sq.ft.and provided that no portion of the new work
occurs closer to the wetland than the existing structure.
Existing,new or rebuilt accessory structures associated
with single family lots such as fences,gazebos,storage
sheds,play houses are exempt from this ordinance.
8.Existing activities which have not changed,expanded,or
altered provided they comply with the applicable
requirements of Section 4-32-8.
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ORDINANCE NO.4346
Any activity,other than those specified in section 4-32-
4.A or section 4-32-4.8 or defined as "e xempt activities"
in section 4-32-4.C,may be allowed and regulated as
determined by the Department Administrator and may not be
conducted in a wetland or wetland bUffer except with the
prior written approval of the Department Administrator.
All allowed activities are subject to the standards of
Section 4-32-6.
Except in the case of pUblic emergencies all general
exemptions require that a Certificate of Exemption be
obtained from the Department Administrator.Requirements
for a general exemption include an environmental review
pursuant to Washington Administrative code 197-11-300,and
administrative review and approval by the City's
Department Administrator prior to construction.
D.Emergency Activities (See Section 4-32-9).
Emergency activities are those which are undertaken to correct
emergencies that threaten the public health,safety and welfare
pursuant to the criteria in section 4-32-7.An emergency means
that an action must be undertaken immediately or within a time
frame too short to allow full compliance with this chapter,to
avoid an immediate threat to pUblic health or safety,to
prevent an imminent danger to pUblic or private property,or to
prevent an imminent threat of serious environmental
degradation.
4-32-5:Review Procedures for Projects with Wetlands:
A.Procedures.
When an application is submitted for any building permit or
land use review and/or to obtain approval of a use,development
or construction,the location of the wetland areas and buffers
on the site shall be indicated on the plans submitted based
upon an inventory provided by a qualified wetland specialist.
When a regulated wetland or associated buffer is identified,
the following procedures apply.The Department Administrator
may waive any of the following if the size and complexity of
the project does not warrant a step in the proceeding.
1.Request for Determination of Applicability:Any person
seeki~g to determine whether a proposed activity or land
area 1S subject to this chapter may request in writing a
determination from the Ci ty.Such a request for
determination shall contain the information requirements
specified by the Department Administrator of the
Planning/Building/Public Works Department.Unless the
city waives one or more of the following information
requirements at the pre-application conference,
applications for projects with wetlands pursuant to
section 4-32-3.C under this chapter shall include:
15
ORDINANCE NO.4346
a.A description of the project and maps at a scale no
smaller than 1"=200 I showing the entire parcel of
land owned by the applicant and the wetland boundary
surveyed by a qualified wetlands ecologist,and
pursuant to Section 4-32-3.Ci
b.A description of the vegetative cover of the
and adjacent area including identification
dominant plant and animal species;
wetland
of the
c.A site plan for the proposed activity at a scale no
smaller than 1 11 =200'showing the location,width,
depth and length of all existing and proposed
structures,roads,stormwater management facilities,
sewage treatment,and installations within the
wetland and its buffer;
d.The exact locations and specifications
activities associated with site development
the type,extent and method of operations;
for all
including
e.Elevations of the site and adjacent lands within the
wetland and its buffer at contour intervals of no
greater than 5 feet or at a contour interval
appropriate to the site topography and acceptable to
the City;
f.Top view and typical cross-section views of the
wetland and its buffer to scale;
g.The purposes of the project and,if a variance is
being requested,an explanation of why the proposed
activity cannot be located at another site;
h.If wetland mitigation is proposed,a mitigation plan
which includes baseline information,environmental
goals and objectives,performance standards,
construction plans,a monitoring program and a
contingency plan.
i.If wetland changes are proposed,the applicant shall
evaluate alternative methods of developing the
property using the following criteria in this order:
(l)Avoid any disturbances to the wetland or buffer;
(2)Minimize any wetland or buffer impacts;
(3)Compensate for any wetland or buffer impacts;
(4)Restore any wetlands or buffer impacted or lost
temporarily;and
16
ORDINANCE NO.4346
(5)Create new wetlands and buffers for those lost.
This evaluation shall be submitt~d to the Department
Administrator.Any proposed alteration of wetlands
shall be evaluated by the Department Administrator
using the above hierarchy.
j.Such other information as may be needed by the city,
including,but not limited to,an assessment of
wetland functional characteristics,including a
discussion of the methodology used;a study of
hazards if present on site,the effect of any
protective measures that might be taken to reduce
such hazards;and any other information deemed
necessary to verify compliance with the provisions of
this chapter.
2.Pre-application Consultation:Any person intending to
develop properties known or suspected to have wetlands
present is strongly encouraged to meet with the
appropriate City department representative during the
earliest possible stages of project planning in ordinance
requirements before major commitments have been made to a
particular land uSe and/or project design.Effort put
into a pre-application consultation and planning will help
applicants create projects which will be more quickly and
easily processed.
B.Fees.
See Code of General Ordinances of City of Renton,section 5-1-
1.(Application will be reviewed and approved pursuant to the
provision in this Chapter.)
c.Modifications,Waivers,Alternates,Tests.
1.Modifications:Whenever there are practical difficulties
involved in carrying out the provisions of this
ordinance,the Department Administrator may grant
modifications for individual cases provided he/she shall
first find that a specific reason makes the strict letter
of this Code impractical,and that the minor modification
is in conformity with the intent and purpose of this
Code,and that such modification:
a.Will still meet the objectives of environmental
protection,safety,function,and maintainability
intended by the Code requirements,based upon sound
scientific judgement;
b.Will not be injurious to other property(s)in the
vicinity;
17
ORDINANCE NO.4346
c.Result in no net loss of wetland or buffer area and
function and value from that approved in the original
project plan;
d.Will be made prior to detailed engineering and
design,such as during site plan review,short plat,
preliminary plat approval,or the pre-application
phase of a Planned unit Development;and
e.
D.Waivers.
Will be
official
documented and entered
wetland permit file.
as part of the
Requirements of this ordinance may be waived upon determination
by the Department Administrator that all impacts on wetlands
would be mitigated as part of an approved area-wide wetlands
plan that,when taken as a whole over an approved schedule or
staging of plan implementation,will meet or exceed the
requirements of this ordinance.(see section 4-32-6.C)
E.Alternates.
The provisions of this Code are not intended to prevent the
use of any material or method of construction not
specifically prescribed by this Code,provided any alternate
has been approved and its use authorized by the Department
Administrator'.
The Department Administrator may approve any such alternate,
provided slhe finds that the proposed design is satisfactory
and complies with the provisions of this Code and that the
material,method or work offered is,for the purpose
intended,at least the equivalent of that prescribed in this
Code in environmental protection,safety,and effectiveness.
The Department Administrator shall require that sufficient
evidence or proof be submitted to substantiate any claims
that may be made regarding its use.The details of any
action granting approval of an alternate shall be written
and entered in the files of the Code enforcement agency.
F.Tests.
Whenever there is insufficient evidence of compliance with any
of the provisions of this Code or evidence that any action does
not conform to the requirements of this Code,the Department
Administrator may require tests as proof of compliance to be
made at no expense to this jurisdiction.
Test methods shall be as specified by this Code or by other
recognized test standards.If there are no recognized and
accepted test methods for the proposed alternate,the
Department Administrator shall determine test procedures.
\8
ORDINANCE NO.4346
G.Appeals to the Interim Ordinance.
Any decision of the city in the administration of this chapter,
such as administrative determinations,modifications,may be
appealed to the Hearing Examiner.Appeals may be filed
pursuant to the process described in the Code of General
Ordinances of city of Renton,Section 4-8-11.The Hearing
Examiner shall give substantial weight to any discretionary
decision of the City rendered pursuant to this Chapter.
Decisions of the Hearing Examiner on appeals of administrative
determinations under this interim ordinance may be appealed to
the city Council,within twenty (20)days of the Examiner's
Decision.There shall be no further fee for this appeal.
Subsequent appeals shall be to Superior Court.
H.Wetland Variance Procedures.
If an applicant feels that the strict application of this
chapter would deny all reasonable use of the property
containing a wetland or associated buffer,or would deny
installation of public transportation or utility facilities
determined by the pUblic agency proposing these facilities to
be in the best interest of the public health,safety and
welfare,the pUblic agency,the applicant of a development
proposal may apply for a Wetland Variance.An application for
a Wetland Variance shall be filed with the Department
Administrator.Requirements for a Wetland Variance include an
environmental review pursuant to Washington Administrative Code
197-11-300 (SEPA).A Wetland Variance shall be decided by the
Hearing Examiner based on the following standards set forth in
this section:
1.The Hearing Examiner,in granting approval of a variance,
must determine:
a.That the applicant suffers undue hardship and the
variance is necessary because of special
circumstances applicable to the subject property,
including the size,shape,topography,location or
surroundings of the sUbject property,and the strict
application of the zoning code is found to deprive
sUbject property owner of rights and privileges
enjoyed by other property owners in the vicinity and
other identical zone classification;and
b.That the granting of the variance will not be
materially detrimental to the pUblic welfare or
injurious to property or improvements in the vicinity
and zone in which the property is situated;and
(1)That no economically viable alternative with
less impact on the wetland and its buffer is
physically and/or legally possible;and
19
ORDINANCE NO.4346
(2)That there is no feasible on-site alternative to
the proposed activities,including reduction in
density,phasing of project implementation,
change in timing of activities,revision of road
and lot layout,and/or related site planning
considerations,that would allow a reasonable
economic use with less adverse impacts to
wetlands and wetland buffers;and
(3)That the proposed activities will result in
minimum alteration or will be designed to
improve the wetland I s functional
characteristics and its existing hydrology,
topography,vegetation,and fish and wildlife
resources;and
(4)That the proposed activities will not jeopardize
the continued existence of endangered,
threatened,or sensitive species as listed by
the federal government or the state of
Washington;and
(5)That the proposed activities
significant degradation of
surface-water quality;and
will not cause
groundwater or
(6)That the applicant has taken deliberate measures
to minimize wetland impacts,including but not
limited to the following:
o limiting the degree or magnitude of the
regulated activity;and
o limiting the implementation of the
regulated activity;and
o using appropriate and best available
technology;and
o taking affirmative steps to avoid or reduce
impacts;and
o using sensitive site design and siting of
facilities and construction staging areas
away from regulated wetlands and their
buffers;and
o
o
involving
management
and
providing
siltation
20
pUblic natural
agencies early in site
protective measures
curtains,hay bales
resource
planning;
such as
and other
ORDINANCE NO.4346
siltation prevention measures,scheduling
the regulated activity and site maintenance
to avoid interference with wildlife
rearing,resting and nesting,or fisheries
spawning activities;and
o creating a separate sensitive area tract or
tracts for areas determined to be wetland
buffer in field investigations and
determined to be impacted by the permitted
activity.
(7)That there will be no
or private property
health or safety of
property;and
damage to nearby pUblic
and no threat to the
people on or off the
(8)That the inability to derive reasonable
economic use of the property is not the
resul t of actions by the applicant in
segregating or dividing the property and
creating the undevelopable condition after
the effective date of this chapter.
c.That if new government and quasi-government
facilities are granted a variance under this section,
they will meet the following additional conditions:
(1)Competing pUblic policies have been evaluated
and it has been determined by the Department
Administrator that the pUblic's health,safety,
and welfare is best served;
(2)Each facility must conform
Land Use Plan and with
programs and policies;
to the Comprehensive
any adopted pUblic
(3)Each facility must serve established,identified
pUblic needs;and
(4)No practical alternative exists to meet the
needs.
d.That the approval as determined by the Hearing
Examiner is a minimum variance that will accomplish
the desired purpose.
e.That in determining whether or not to grant a
variance,the following factors have been considered
and balanced against the pUblic need for the
regulation:
2\
ORDINANCE NO.4346
(1)I f there is an
effective measure to
of this ordinance;
available,
protect the
feasible,and
wetland outside
(2)The extent of the problem being resolved by the
ordinance;
(3)The contribution of the land being regulated to
the problem;
(4)The degree to which the
solves the problem presented
wetlands ordinance
by the proposal;
(5)The amount
application
and percentage of
of the ordinance;
value lost by
(6)The quality of the wetland to be impacted;
(7)The extent of remaining uses for the parcel;
(8)The past,present,and future uses of the
property;and
(9)The extent to which the landowner could predict
the effects of this ordinance on the property.
2.The Hearing Examiner may prescribe any conditions upon the
variance deemed to be reasonably necessary and required to
mitigate wetland or bUffer impacts.Any variance granted
by the Hearing Examiner,unless otherwise specified in
writing,shall become null and void in the event that the
applicant or owner of the,subj ect property for which a
variance has been requested has failed to commence
construction or otherwise implement effectively the
variance granted within a period of two (2)years after
such a variance has been issued.For proper cause shown,
an applicant may petition the Hearing Examiner during the
variance procedure,for an extension of the two (2)year
period,specifying the reasons therefor.The time may be
extended but not exceed one additional year in any event.
Any variance granted by the Hearing Examiner shall expire
pursuant to the provisions of Chapter 8,Title IV of the
Renton Municipal Code.
I.Enforcement.
The Planning/Building/Public Works Administrator,(the
Department Administrator)or his/her duly authorized
representative,shall have the power and authority to enforce
the provisions of this ordinance.For such purposes he/she
shall have the power of a law enforcement officer.
The Department Administrator shall have the power to render
interpretations of this ordinance and to adopt and enforce
22
ORDINANCE NO.4346
rules and regulations supplemental to this ordinance as he/she
may deem necessary in order to clarify the application of the
provision of this code.Such interpretations,rules and
regulations shall be in conformity with the intent and purpose
of this ordinance.
J.Violation and Penalties.
1.It shall be unlawful for any person,firm or corporation
to violate any of the provisions of this Code.Any
person,firm,corporation violating any of the provisions
of this Code shall upon conviction be guilty of a
misdemeanor I and each such person shall be deemed guilty
of a separate offense for each and every day or portion
thereof during which any violation of any of the
provisions of this Code is committed,continued or
permitted;and upon conviction of any such violation such
person shall be punishable by a fine of not more than five
hundred dollars ($500.00),or by imprisonment for not more
than ninety (90)days,or by both such fine and
imprisonment.
2.civil penalties as prescribed by ordinance or any other
method allowed by law,may be used by the city for any
violations of this ordinance.
4-32-6:standards for Permit Approvals:
A.General Standards.
Permit approval by the Department Administrator for projects
involving wetlands or wetland buffers shall be granted only if
the approval is consistent with the provisions of this chapter.
Additionally,approvals shall only be granted if:
1.A proposed action avoids adverse impacts to regulated
wetlands or their buffers or takes affirmative and
appropriate measures to minimize and compensate for
unavoidable impacts;and
2.The proposed activity results in no net loss of regulated
wetland area,value,or function in the drainage basin
where the wetland is located;or
3.Denial of a permit would deny all reasonable use of the
property and a variance process is successfully completed
to determine conditions for permitting of activity
requested.(See Section 4-32-15.H)
B.Compensating for Wetlands Impacts.
As a condition of any permit allowing alteration of wetlands
and/or wetland buffers,or as an enforcement action pursuant to
section 4-32-7.8 the city shall require that the applicant
23
ORDINANCE NO.4346
engage in the restoration or creation of wetlands and their
buffers (or funding of these activities)in order to offset the
impacts resulting from the applicant's or violator's actions.
1.Any person who alters regulated wetlands shall restore
or create equivalent areas or greater areas of wetlands
than those altered in order to compensate for wetland
losses.Enhancement of wetlands is not considered
adequate mitigation because it does not contribute to
lIno-net-lossll of wetland acreage.
2.The Applicant shall develop a plan that provides for
land acquisition,construction,maintenance and
monitoring of replacement wetlands that recreate as
nearly as possible the wetland being replaced in terms
of acreage,function,geographic location and setting,
and that are equal to or larger than the original
wetlands.The overall goal of any compensatory project
shall be no net loss of wetlands function and acreage
and to strive for a net resource gain in wetlands over
present conditions.Compensatory mitigation shall
follow an approved mitigation plan pursuant to Section
4-32-6.0 and shall meet the following minimum
performance standards.The applicant shall:
a.Demonstrate sufficient scientific expertise,the
supervisory capability,and the financial resources
to carry out the project;and
b.Demonstrate the capability for monitoring the site
and to make corrections during this period if the
project fails to meet projected goals;and
c.Protect and manage,or provide for the protection and
management,of the compensation area to avoid further
development or degradation and to provide for long-
term persistence of the compensation area;and
d.Provide for project monitoring and allow annual city
inspections.
C.Wetlands Creation.
1.Where feasible,created wetlands
category than the altered wetland.
they be lower.
shall be a higher
In no cases shall
2.Requirements for wetland creation as compensation areas
shall be determined according to the function,acreage,
type and location of the wetland being replaced.
Compensation requirements should also consider time
factors,the ability of the project to be self sustaining
and the projected success based on similar projects.
Wetland functions and values shall be calculated using the
24
ORDINANCE NO.4346
best professional jUdgment of a qualified wetland
ecologist using the best available techniques.Multiple
or cooperative compensation projects may be proposed for
one project in order to best achieve the goal of no net
loss.Creation must be within the same drainage basin.
3.Acreage replacement ratio.The following ratios apply to
all category 1,2,or 3 wetlands for creation which is 1n-
kind,on or off-site,timed prior to alteration,and has a
high probability of success.The required ratio must be
based on the wetland category and type that require
replacement.Ratios are determined by the probability of
recreating successfully the wetland and the inability of
guarantees of functionality,longevity,and duplication of
type and/or functions.
Wetland Category Vegetation Type
Category I Forested
Very High Quality)Scrub-shrub
Emergent
Wetlands Replacement Ratio
6 times the area altered.
3 times the area altered.
2 times the area altered.
Category 2
(High Quality)
Category 3
(Lower Quality)
Forested
Scrub-shrub
Emergent
Forested
Scrub-shrub
Emergent
3 times the area altered.
2 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
4.The City may increase the ratios under the following
circumstances:uncertainty as to the probable success
of the proposed restoration or creation;significant
period of time between destruction and replication of
wetland functions;projected losses in functional
value;or offsite compensation.These ratios may also
be increased when wetland replacement is required for
remedial actions resulting from illegal alterations.
The requirement for an increased replacement ratio will
be determined through SEPA review.
5.The City may decrease the ratios for Category 3 emergent
wetlands to 1.0 times the area altered provided the
applicant has successfully replaced the wetland prior to
its filling and has shown that the replacement is
successfully established for twelve (12)months.
6.If the applicant can aggregate two or more category 3
wetlands,ranging in size from 5,000 sq.ft.to 10,000
sq.ft.,into one wetland,the replacement ratio shall
be reduced to 1:1.
25
ORDINANCE NO.4346
7.The applicant,at their expense,may select to use the
Wetlands Evaluation Technique (WET)(Adamus)or a
nationally recognized equivalent method to establish
the functions and values for the Category 3 wetland
being replaced in lieu of replacement by acreage only.
A third party review,funded by the applicant,and
hired and managed by the City,shall review and verify
the WET (or equivalent)reports.Dependent upon the
results of the functions and values evaluation,a
Category 3 wetland may be replaced by assuring that all
the functions and values are replaced in another
location,within the same basin.
D.Wetlands Restoration.
1.Any Applicant proposing to alter wetlands may propose to
restore existing disturbed wetlands with priority for on-
site restoration and then,within the drainage basin,in
order to compensate for wetland losses.Restoration
activities must include restoring lost hydrologic,water
quality and biologic functions.
Applicants proposing to restore wetlands shall identify
how the restoration plan conforms to the overall goals and
requirements of the local wetlands protection program and
established regional goals of no net loss of wetlands.
2.A wetlands restoration compensation project shall be
approved pursuant to sections 4-32-6.A and 4-32-6.B.The
following ratio applies to all Categories 1,2 or 3
wetlands for all vegetation types unless otherwise
approved pursuant to 4-32-6.F and/or 4-32-6.G for
restoration which is in-kind,on or off-site,timed prior
to alteration,and has a high probability of success.The
required ratio is based on the wetland category and type
that require restoration:
Wetland Category Vegetation Type
Category I Forested
Very High Quality)Scrub-shrub
Emergent
Wetlands Restoration Ratio
6 times the area altered.
3 times the area altered.
2 times the area altered.
Category 2
High Quality)
Category 3
(Lower Quality)
Forested
Scrub-shrub
Emergent
Forested
Scrub-shrub
Emergent
26
3 times the area altered.
2 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
1.5 times the area altered.
ORDINANCE NO.4346
E.Compensation for Vegetation Type.
In-kind compensation shall
applicant can demonstrate to
Administrator that:
be provided except
the satisfaction of the
where the
Department
1.The wetland system is already significantly degraded
and out-of-kind replacement will result in a wetland
with greater functional value;
2.Scientific problems such as exotic vegetation
in watershed hydrology make implementation
compensation impossible or unacceptable;or
and
of
changes
in-kind
3.out-of-kind replacement will
goals (e.g.,replacement
wetland types).
best meet identified regional
of historically diminished
F.Compensating for Wetland Location.
1.On-site compensation shall be provided except where the
applicant can demonstrate that:
a.The hydrology and ecosystem of the original wetland
and those adjacent land and/or wetlands which benefit
from the hydrology and ecosystem will not be
sUbstantially damaged by the on-site loss;and
b.On-site compensation is not feasible due to problems
with hydrology,soils,or other factors;or
c.Compensation is not practical due to potentially
adverse impact from surrounding land uses;or
d.Existing functional values at the site of
proposed restoration are significantly greater
lost wetland functional values;or
the
than
e.That established regional goals for flood storage,
flood conveyance,habitat or other wetland functions
have been addressed and strongly justify location of
compensatory measures at another site.
2.Any off-site compensation approved by the city shall occur
within the same drainage basin as the wetland loss
occurred.In the City of Renton,the drainage basins are
the Black River (includes the Green River Valley),Lower
Cedar River,Lake Washington and May Creek.
3.In selecting compensation sites,the City encourages
applicants to pursue siting compensation projects in
disturbed sites which were formerly wetlands,and
27
ORDINANCE NO.4346
especially those areas which would result in a series of
interconnected wetlands.
4.Timing:compensatory projects shall be substantially
completed and approved by the city prior to the issuance
of an occupancy permit.Construction of compensation
projects shall be timed to reduce impacts to existing
wildlife and flora.The Department Administrator may
elect to require a surety device for completion of
construction.
G.Cooperative
Special Area
Wetlands Basin Planning,
Management Plans (SAMP):
Mitigation,Banks,or
Mitigation banks are defined as sites which may be used for
restoration,creation and/or mitigation of wetland alternatives
from a different piece of property than the property to be
altered within the same drainage basin.
Special Area Management Programs are those wetland programs
agreed upon through an interjurisdictional planning process
involving the U.S.Army Corps of Engineers,the Washington
State Department of Ecology,any affected counties and/or
cities,private property owners and other parties of interest.
The outcome of the process is a regional wetlands permit
representing a plan of action for all wetlands within the
special area.
1.The city encourages,and will facilitate and approve
cooperative projects wherein a single applicant or other
organization with demonstrated capability may undertake a
compensation project under the following circumstances:
a.Restoration or creation
due to problems with
factors;or
on-site may not be feasible
hydrology,soils,or other
b.Where the cooperative plan is shown to better meet
established regional goals for flood storage,flood
conveyance,habitat or other wetland functions.
2.Applicants proposing a cooperative compensation project
shall:
a.Submit a joint permit application;
b.Demonstrate compliance with all standards;
c.Demonstrate that long-term management will be
provided;and
d.Demonstrate agreement for the project from all
affected property owners of record.
28
ORDINANCE NO.4346
3.Compensation payments received as part of a mitigation or
creation bank must be received prior to the issuance of an
occupancy permit.
H.Mitigation Plans.
All wetland restoration,compensation,and/or creation projects
required pursuant to this chapter either as a permit condition
or as the result of an enforcement action shall follow a
mitigation plan prepared by qualified wetland specialists
approved by the City.The proponent shall receive written
approval of the mitigation plan by the city's Department
Administrator prior to commencement of any wetland restoration,
or creation activity.Unless the city,in consultation with
qualified wetland specialists,determines,based on the size
and scope of the development proposal,the nature of the
impacted wetland,and the degree of cumulative impacts on the
wetland from other development proposals,that the scope and
specific requirements of the mitigation plan may be reduced
from what is listed below,the mitigation plan shall contain at
least the following components:
1.Baseline Information:A written assessment and
accompanying maps of the impacted wetland including,at a
minimum,a wetland delineation by a qualified wetland
specialist;existing wetland acreage;vegetative,faunal
and hydrologic characteristics;soil and substrata
conditions;topographic elevations and compensation site.
If the mitigation site is different from the impacted
wetland site,the assessment should include at a minimum:
existing acreage;vegetative,faunal and hydrologic
conditions;relationship within the watershed and to
existing waterbodies;soil and substrata conditions,
topographic elevations;existing and proposed adjacent
site conditions;buffers;and ownership.
2.Environmental Goals and Objectives:A written
qualified wetland specialist shall be provided
goals and objectives of the mitigation
describing:
report by a
identifying
plan and
a.The purposes of the compensation measures including a
description of site selection criteria,
identification of compensation goals;identification
of target evaluation species and resource functions,
dates for beginning and completion,and a complete
description of the structure and functional
relationships sought in the new wetland.The goals
and objectives shall be related to the functions and
values of the original wetland or if out-of-kind,the
type of wetland to be emulated;and
b.A review
experience
of the
to date in
29
available
restoring
literature and/or
or creating the type
ORDINANCE NO.4346
of wetland proposed shall be provided.An analysis
of the likelihood of success of the compensation
project at duplicating the original wetland shall be
provided based on the experiences of comparable
projects,preferably those in the same drainage
basins,if any.An analysis of the likelihood of
persistence of the created or restored wetland shall
be provided based on such factors as surface and
ground water supply and flow patterns,dynamics of
the wetland ecosystem;sediment or pollutant influx
and/or erosion,periodic flooding and drought,etc.,
presence of invasive flora or fauna,potential human
or animal disturbance,and previous comparable
projects,if any.
3.Performance Standards:Specific criteria shall be
provided for evaluating whether or not the goals and
objectives of the project are achieved and for
beginning remedial action or contingency measures.Such
criteria may include water quality standards,survival
rates of planted vegetation,species abundance and
diversity targets,habitat diversity indices,or other
ecological,geological or hydrological criteria.These
criteria will be evaluated and reported pursuant to
sUbsection 5,Monitoring Program,of this section.An
assessment of the projects success in achieving the
goals and objectives of the mitigation plan should be
included along with an evaluation of the need for
remedial action or contingency measures.
4.Detailed Techniaues and Plans:written specifications
and descriptions of compensation techniques shall be
provided inclUding the proposed construction sequence,
grading and excavation details,erosion and sediment
control features needed for wetland construction and
long-term survival,a planting plan specifying plant
species,quantities,locations,size,spacing,and
density;source of plant materials,propagates,or
seeds;water and nutrient requirements for planting;
where appropriate,measures to protect plants from
predation;specification of substrata stockpiling
techniques and planting instructions;descriptions of
water control structures and water-level maintenance
practices needed to achieve the necessary hydroperiod
characteristics;etc.These written specifications
shall be accompanied by detailed site diagrams,scaled
cross-sectional drawings,topographic maps showing
slope percentage and final grade elevations,and any
other drawings appropriate to show construction
techniques or anticipated final outcome.The plan shall
provide for elevations which are appropriate for the
desired habitat type(s)and which provide sufficient
hydrologic data.The city may request such other
30
ORDINANCE NO.4346
information as needed to determine the adequacy of a
mitigation plan.
5.Monitoring Program:A program outlining the approach
for monitoring construction and development of the
compensation project and for assessing a completed
project shall be provided in the mitigation plan.
Monitoring may include,but is not limited to:
a.Establishing
plant species
vegetation plots to track changes
composition and density over time;
in
b.Using photo stations to evaluate vegetation community
response;
c.Sampling surface and subsurface waters to determine
pollutant loading,and changes from the natural
variability of background conditions (pH,nutrients,
heavy metals);
d.Measuring base flow
model and evaluate
predictions;
rates and storm water runoff to
hydrologic and water quality
e.Measuring sedimentation rates;and
f.Sampling fish and wildlife populations to determine
habitat utilization,species abundance and diversity.
A description shall be included outlining how the
monitoring data will be evaluated by agencies that
are tracking the progress of the compensation
project.A monitoring report shall be submitted
quarterly for the first year and annually thereafter,
and at a minimum,should document milestones,
successes,problems,and contingency actions of the
compensation project.The compensation project shall
be monitored for a period necessary to establish that
performance standards have been met,but not for a
period less than five years.
6.contingency Plan:Identification of potential courses of
action,and any corrective measures to be taken when
monitoring or evaluation indicates project performance
standards are not being met.
7.Permit Conditions:Any compensation project prepared for
mitigation pursuant to this section and approved by the
city shall become part of the application for project
approval.
8.Demonstration of competence:A demonstration of financial
resources,administrative,supervisory,and technical
competence and scientific expertise of sufficient standing
31
ORDINANCE NO.4346
to successfully execute the compensation project shall be
provided.A compensation project manager shall be named
and the qualifications of each team member involved in
preparing the mitigation plan and implementing and
supervising the project shall be provided,including
educational background and areas of expertise,training
and experience with comparable projects.
I.Surety Devices and Penalties.
1.Performance Surety Device:The city shall require the
applicant of a wetlands permit proposal to post a
performance surety device acceptable to the City such as a
letter of credit,irrevocable set aside letter of cash in
an amount equivalent to 1 1/2 times the estimated cost of
the performance and with surety and conditions sufficient
to fulfill the requirements of section 4-32-6.8 and,in
addition,to secure compliance with other conditions and
limitations set forth in the permit.The amount and the
conditions of the surety device shall be consistent with
the purposes of this chapter.The amount of the security
can be modified to reflect more current data particularly
a signed contract.In the event of a breach of any
condition of any permit protected by a surety device,the
city may institute an action in a court of competent
jurisdiction upon such surety device and prosecute the
same to judgment and execution.The City shall release
the surety device upon determining that:
a.All activities,including any required compensatory
mitigation,have been completed in compliance with
the terms and conditions of the permit and the
requirements of this chapter;and
b.Upon the posting by the applicant of a maintenance
surety device.
Until such written release of the surety device,the
principal or surety cannot be released.
J.Maintenance Surety Device:The City shall require the holder
of a development permit issued pursuant to this chapter to post
cash or other security acceptable to the city such as letter of
credit or irrevocable set aside letter in an amount and with
surety and conditions sufficient to guarantee that structures,
improvements,and mitigation required by the permit or by this
chapter perform satisfactorily for a minimum of five (5)years
after they have been completed.The City shall release the
maintenance surety device upon determining that performance
standards established for evaluating the effectiveness and
success of the structures,improvements,and/or compensatory
mitigation have been satisfactorily met for the required
period.For mitigation projects,the performance standards
shall be those contained in the mitigation plan developed
32
ORDINANCE NO.4346
pursuant to Section 4-32-6.B and approved during the permit
review process.The maintenance surety device applicable to a
compensation project shall not be released until the
Department Administrator determines that performance standards
established for evaluating the effect and success of the
project have been met.
K.Suspension or Revocation of Permits:In addition to other
penalties provided for elsewhere,the City may suspend or
revoke a permit if it finds that the applicant or permittee has
not complied with any or all of the conditions or limitations
set forth in the permit,has exceeded the scope of work set
forth in the permit,or has failed to undertake the project in
the manner set forth in the approved application.
4-32-7:Densities and Separate Tracts:
A.Limited Density Credit Transfer.
For development proposals on lands containing wetland buffers,
the city shall allow density credits for buffer areas to
provide incentives for the preservation of wetlands and wetland
buffers,flexibility in design,and consistent treatment of
different types of development proposals.Up to 100 percent of
the density credit will be allowed for the buffer areas if:
1.The project meets the applicable waste disposal
requirements;
2.The project is compatible with surrounding development;
and
3.The project meets all requirements of the Site Plan Review
ordinance (City of Renton Code of Ordinances 4-31-33).
The density credit can only be transferred within the
development proposal site.To the extent that application
of the formula may result in substandard lot sizes,such
lots may be allowed if meeting applicable codes.The City
shall not allow credit for density for the portions of the
site occupied by wetlands.Development of the transferred
density shall be confined to buildable areas of the site,
and shall not intrude on other sensitive areas such as
landslide,erosion,coal mine areas or their buffers.
B.Wetlands Management Tracts.
1.As a condition of any approval issued pursuant to this
chapter,for any proposed plat,the property owner shall
be required to create a separate wetland management tract
or tracts containing the areas determined to be wetland
and/or wetland buffer in field investigations performed
pursuant to Section 4-32-3.Wetland management tracts
are legally created tracts containing wetlands and their
33
ORDINANCE NO.4346
buffers that shall remain undeveloped.Wetland management
tracts are an integral part of the lot in which they are
created,are not intended for separate sale,lease or
transfer,and shall be included in the area of the parent
lot for purposes of subdivision method and minimum lot
size.
2.Protection of Wetland Management Tracts:The city shall
require,as a condition of any permit issued pursuant to
this chapter for any proposed plat,that the Wetland
Management Tract (s)created pursuant to this Section be
protected by one of the following methods:
a.The permit holder shall convey an irrevocable offer
to dedicate to the City of Renton,or other pUblic or
non-profit entity specified by the City,an easement
for the protection of the wetland and/or its bufferj
or
b.The permit holder shall establish and record a
permanent and irrevocable deed restriction on the
property title of all lots containing a wetland
management tract or tracts created as a condition of
this permit.Such deed restriction(s}shall prohibit
the development,alteration,or disturbance of
vegetation and wetland within the wetland management
tract except for purposes of habitat enhancement as
part of an enhancement project which has received
prior written approval from the city of Renton,and
from any other agency with jurisdiction over such
activity.
3.Marking during construction:The location of the outer
extent of the wetland buffer and areas not to be disturbed
pursuant to an approved permit shall be marked with
barriers easily visible in the field to prevent
unnecessary disturbance by individuals and equipment
during the development or construction of the approved
activity.
4.Responsibility for maintaining the Wetland Management
Tracts shall be held by a homeowners association,adjacent
lot owners,the permit applicant or designee,or other
appropriate entity,as approved by the city.
5.The following note shall appear on the face of all plats,
short plats,PUDS,or other approved site plans containing
separate Wetland Management Tracts,and shall be recorded
on the title of record for all affected lots:
NOTE:All owners of lots created by or benefitting from
this city action abutting a Wetland Management Tract are
responsible for maintenance and protection of the tracts.
Maintenance includes insuring that no alterations occur
34
ORDINANCE NO.4346
within the tract and that all vegetation remains
undisturbed unless the express written authorization of
the city of Renton has been received.
6.The common boundary between a Wetland Management Tract and
the adjacent land must be permanently identified.This
identification shall include permanent wood or metal signs
on treated or metal posts.Suggested wording is as
follows:
"Protection of
Alteration or
call the city
235-2552)"
this natural area is in your care.
disturbance is prohibited by law.Please
of Renton for more information.(Tel No.
4-32-8:
Sign locations and size specifications shall be approved
by the City.The City shall require permanent fencing of
the wetland management tract or tracts when there is a
substantial likelihood of the presence of domestic grazing
animals within the development proposal.The City shall
also require as a permit condition that such fencing be
provided if,subsequent to approval of the development
proposal,domestic grazing animals are in fact introduced.
Non-Conforming Activities:
A.A legally non-conforming,regulated activity or structure that
was in existence or approved or has obtained a draft
Environmental Impact statement and actively pursues development
prior to the passage of this chapter and to which significant
economic resources have been committed pursuant to such
approval but which is not in conformity with the provisions of
this chapter may be continued provided that:
1.No such legal non-conforming acti vi ty or structure shall
be expanded,changed,enlarged or altered in any way that
infringes further on the wetlands that increases the
extent of its nonconformity with this chapter without a
permit issued pursuant to the provisions of this chapter;
2.Except for cases of on-going agriCUltural uses,if a non-
conforming activity is discontinued for up to 5 years,any
resumption of the activity shall conform to this chapter;
3.Except for cases of on-going agricultural use,if a non-
conforming use or activity or structure is destroyed by
human activities or an act of God,it shall not be resumed
or reconstructed except in conformity with the provisions
of this chapter;
4 •Activities
nuisances
conforming
or adjuncts
shall not be
activities.
35
thereof
entitled
that are or
to continue
become
as non-
4-32-9:
ORDINANCE NO.4346
Temporary Emergency Permit Procedure:
A.Temporary Emergency Permit Review Criteria.
Notwithstanding the provisions of this chapter or any other
city laws to the contrary,the Department Administrator may
issue a temporary emergency wetlands permit if the action meets
requirements of 4-32-4.C and if:
that an
property
and
1.The Department Administrator determines
unacceptable threat to life or severe loss of
will occur if an emergency permit is not granted;
2.The anticipated threat or loss may occur before a permit
can be issued or modified under the procedures otherwise
required by this act and other applicable laws.
B.Temporary Emergency Permit Process.
Any emergency permit granted shall incorporate,to the greatest
extent practicable and feasible but not inconsistent with the
emergency situation,the standards and criteria required for
nonemergency activities under this act and shall:
1.Be limited in duration to the time required to complete
the authorized emergency activity,provided that no
emergency permit be granted for a period exceeding 90 days
except as specified in Section 4-32-9.B.5.
2.Require,within this 90 day period,the restoration of any
wetland altered as a result of the emergency activity,
except that if more than the 90 days from the issuance of
the emergency permit is required to complete restoration,
the emergency permit may be extended to complete this
restoration.
3 •Issuance of an emergency permit by the
preclude the necessity to obtain necessary
appropriate federal and state authorities.
city does
approvals
not
from
4.Notice of the issuance of the emergency permit and request
for pUblic comments shall be published at least once a
week on the same day of the week for two consecutive weeks
in a newspaper having a general circulation in the City of
Renton no later than 10 days after issuance of the
emergency permit.If significant comments are received,
the city may reconsider the permit.
5.The emergency permit may be terminated at any time without
process upon a determination by the Department
Administrator that the action was not or is no longer
necessary to protect human health or the environment.
36
ORDINANCE NO.4346
6.Temporary permits shall be used only in extreme cases and
not to justify poor planning by an agency or applicant.
4-32-10:Judicial review:
Any decision or order issued by the city pursuant to this chapter
may be jUdicially reviewed provided that available administrative
appeals pursuant to Section 4-32-S.C,have been exhausted;and such
review is commenced by writ of review within thirty (30)working
days after the Hearing Examiner decision on appeal.
4-32-11:Amendments:
These regulations and the Renton Wetlands Inventory may from time to
time be amended in accordance with the procedures and requirements
in the general statutes and as new information concerning wetland
location,soils,hydrology,flooding,or wetland plants and wildlife
become available.
4-32-12:Severability:
If any clause,sentence,paragraph,section or part of this chapter
or the application thereof to any person or circumstances shall be
adjudged by any court of competent Jurisdiction to be invalid,such
order or judgment shall be confined in its operation to the
controversy in which it was rendered and shall not affect or
invalidate the remainder of any part thereof to any other person or
circumstances and to this end the provisions of each clause,
sentence,paragraph,section or part of this law are hereby declared
to be severable.
4-32-13:Assessment Relief:
The King County Assessor should consider wetland regulations in
determining the fair market value of land.Any owner of an
undeveloped wetland who has dedicated an easement or entered into a
perpetual conservation restriction with the city of Renton or a
nonprofit organization to permanently control some or all regulated
activities in the wetland should have that portion of land assessed
consistent with those restrictions.Such landowner should also be
exempted from all special City assessments on the controlled wetland
to defray the cost of municipal improvements such as sanitary
sewers,storm sewers,water mains and streets.
4-32-14:Violations Declared Nuisance:
Any violation of the provisions of this Chapter shall be,and the
same is,declared to be unlawful and a pUblic nuisance and the
city Attorney may,in addition to or in lieu of prosecuting a
criminal action hereunder,commence an action or actions,for the
abatement,removal,and enjoinment thereof,in the manner
provided by law;and shall take such other steps and shall apply
37
ORDINANCE NO.4346
to such court or courts as may have jurisdiction to grant such
reliefs as will abate or remove such violation and restrain and
enjoin any person,entity,business corporation or partnership
from continuing or maintaining such violations contrary to the
provisions of this Chapter.
4-32-15:Definitions:
A.For the purposes of this chapter,the following definitions
shall apply:
1."Allowed Activities U means those activities regulated by
this chapter and allowed in wetlands or their bUffers or adjacent
land.
2.lIApplicant"means a person who files an application for
permit under this chapter and who is either the owner of the land on
which that proposed activity would be located,a contract vendee,a
lessee of the land,the person who would actually control and direct
the proposed activity,or the authorized agent of such a person.
3."Best Management Practices"means conservation practices
or systems of practices and management measures that:
a.Control soil
degradation caused by
sediment;
loss and
nutrients,
reduce water quality
animal waste,toxins,and
b.Minimize adverse impacts to surface water and
groundwater flow,circulation patterns,and to the
chemical,physical,and biological characteristics of
wetlands;and
c.Including allowing
fertilizers/pesticides.
proper use and storage of
4."Compensation project ll means actions necessary to replace
project-induced wetland and wetland buffer losses,including land
acquisition,planning,construction plans,monitoring and
contingency actions.
5.
wetland
wetlands
lICompensa tory mi tiga tion II means replacing
losses or impacts,and includes,but is
restoration and creation.
project-induced
not limited to
6.
establish
"Creation"means
a wetland at a site
actions
where it
performed to intentionally
did not formerly exist.
7."conservancyll is a Shorelines Master Program land use
designation identifying an area to be managed in essentially its
natural state while providing for a moderate to low intensity of
land uses surrounding the area.
38
ORDINANCE NO.4346
8."Limited Dansi ty credit Transfer"means a transfer of
allowable density from one portion of the site to another.The
density credit is a percentage number which represents a credit for
housing units which are not allowed to be built in wetland bUffer
areas.The density credit is used in a formula found in section 4-
32-7 for determining the number of residential units allowed on the
buildable portion of a lot containing wetlands or their buffers.
9."Developable Area II means land area outside of delineated
wetlands and wetland buffers that is otherwise developable,taking
into consideration steep slopes,unstable soil,etc.
10."Department"means the Planning/Building/Public Works
Department.
11."Department Administrator ll the duly appointed head of the
Planning/Building/Public Works Department.
12."Disturbed"wetlands meet the following criteria:
(1)are characterized by
hydrologic alterations such as
and/or outlet mOdification;and
hydrologic isolation,
diking,channelization,
(2)have severe soils alterations such as the presence of
large amounts of fill,soil removal,and/or compaction of
soils.
13."DOE"means the Washington state Department of Ecology.
14.IIEmergencies ll means actions that must be undertaken
immediately or within a time frame too short to allow full
compliance with this chapter,to avoid an immediate threat to pUblic
health or safety,to prevent an imminent danger to public or private
property,or to prevent an imminent threat of serious environmental
degradation.
15."Emergent wetland ll means a regulated wetland with at least
30 percent of the surface area covered by erect,rooted,herbaceous
vegetation as the uppermost vegetative strata.
16.IIEnhancement ll means actions performed to improve the
functioning of an existing wetland but which do not increase the
area of a wetland.Enhancement is not considered an acceptable form
of mitigation because it contributes to no-net-loss of wetland
acreage.
17."Essential habitat"means habitat necessary
survival of federally listed threatened,endangered,and
species and state listed priority species.
for the
sensitive
18."Exotic"means any species of plants or animals that are
not indigenous to the planning area.
39
ORDINANCE NO.4346
19."Existing and ongoing agricUlture II includes those
activities conducted on lands defined in RCW 84.34.020(2),and those
activities involved in the production of crops or livestOCk;for
example,the operation and maintenance of farm and stock ponds or
drainage ditches,operation and maintenance of ditches,irrigation
systems including irrigation laterals,canals,or irrigation
drainage ditches,changes between agricultural activities,and
normal maintenance,repair,or operation of existing serviceable
structures,facilities,or improved areas.Activities which bring
an area into agricultural use are not part of an ongoing operation.
An operation ceases to be ongoing when the area on which it is
conducted is converted to a nonagricultural use or has lain idle for
more than five years,unless the idle land is registered in a
federal or state soils conservation program,or unless the activity
is maintenance of irrigation ditches,laterals,canals,or drainage
ditches related to an existing and ongoing agricultural activity.
Forest practices are not included in this definition.
20."Forested wetland"means a vegetation community with at
least 20 percent of the surface area covered by woody vegetation
(trees)greater than 20 feet in height.
21."Federal Manual for Identifying and
Jurisdictional Wetlands"means the manual prepared by
Interagency Committee for Wetland Delineation in 1989.
22.IIHigh Intensity Development ll means land uses
impacts from density or uses (1.e.mul tifamily,
commercial uses).
Delineating
the Federal
with higher
industrial,
23.IlIn-kind compensation"means to replace wetlands
sUbstitute wetlands whose characteristics closely approximate
destroyed or degraded by a regulated activity.
with
those
24.lIIsolated wetlands"means those regulated wetlands which:
a.Are outside of and not contiguous to any 100-year
floodplain of a lake,river,or stream;and
b.Have
vegetation
no contiguous hydric
between the wetland and
soil or
any surface
hydrophytic
water.
25."Low Intensity Development ll means land uses which have
fewer impacts from density or uses (Le.large lot single family,
natural open space areas).
26.IILow Value Wetlands II means category 3 wetlands.
27.IIMitigation"includes avoiding,minimizing or compensating
for adverse wetland impacts.Mitigation,in the following order of
preference is:
a.Avoiding
certain action
the impact
or parts of
40
altogether
an action;
by not taking a
ORDINANCE NO.4346
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.Rectifying the impact by repairing,rehabilitating or
restoring the affected environment;
d.Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of
the action;
e.Compensating for the impact by restoring,or
providing sUbstitute resources or environments;
f.Monitoring the impact and the compensation project
and taking appropriate corrective measures.Mitigation
for individual actions may include a combination of the
above measures.
28.IIMitigation Bank ll -see definition in section 4-32-6.C.
29."Native Vegetation"means
indigenous to the area in question and
to have occurred on site.
plant species
could reasonably
which are
be expected
land use
It is
habitat
30."Natural"is a
designation identifying an
intended to provide areas
preservation.
Shorelines Master Program
area as unique and fragile.
of wildlife sanctuary and
31."Newly emerging wetlands"are:
a.Wetlands occurring on top of fill materials;and
b.Characterized by emergent vegetation,low
species richness and used minimallY by wildlife.
wetlands are generally found in the Black
Drainage Basin.
plant
These
River
32.
from the
activity.
"Off-site compensation"
site on which a wetland
means to replace
has been impacted
wetlands away
by a regulated
33."On-site compensation"means to replace wetlands at or
adjacent to the site on which a wetland has been impacted by a
regulated activity.
34."Out-of-kind compensation ll means to replace wetlands with
SUbstitute wetlands whose characteristics do not closely approximate
those destroyed or degraded by a regulated acti vi ty.It does not
refer to replacement "out-of-category."
41
ORDINANCE NO.4346
35."Passive recreation"means non-organized,low impact use
such as hiking,walking,picnicking.It does not include organized
sport activities such as baseball,soccer,etc.
one or
rarity
other
King
36.IIPlant associations of infrequent occurrence"means
more plant species in a landform type which,because of the
of the habitat or the species involved or both,or for
botanical or environmental reasons,do not often occur in
County.
37."Practicable alternative II means an alternative that is
available and capable of being carried out after taking into
consideration cost,existing technology I and logistics in light of
overall project purposes,and having less impacts to regulated
wetlands.It may include an area not owned by the applicant which
could reasonably have been or be obtained,utilized,expanded,or
managed in order to fulfill the basic purpose of the proposed
activity.
38."proponent."See lI app licant."
39.llReasonable usel!
articulated by federal and
issues.
is a
state
legal concept that has been
courts in regulatory takings
40."Repair or maintenance"means an activity that restores
the character,scope,size,or design of a serviceable area,
structure,or land use to its previously existing,authorized and
undamaged condition.Activities that change the character,size,or
scope of a project beyond the original design and drain,dredge,
fill,flood,or otherwise alter additional regulated wetlands are
not included in this definition.
41."Regulated activityll means
activities located within a regulated
area.
all existing and proposed
wetland or regulated buffer
42."Regulated wetlandl!-see Section 4-32-3.C and 4-32-3.E.
43.IlRestoration"means 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.
44."Scrub shrub wetland ll is a regulated wetland with at least
30 percent of its surface area covered by woody vegetation less than
20 feet in height as the uppermost strata.
45.'Iserviceable ll means presently useable.
46."significant #2 Rating"is a rating assigned to wetlands
in King County that are greater than 1 acre in size;equal to or
less than one acre in size and having three or more vegetation
classes;equal to or less than one acre in size and having a
42
ORDINANCE NO.4346
forested vegetation class i or the presence of heron rookeries or
raptor nesting trees.
47."SMP"means city of Renton's Shoreline Master Program.
48.nSpecial Area Management program (SAMP)"-see Section 4-
32-6.C.
49."Unavoidable and necessary impacts"are impacts to
regulated wetlands that remain after a person proposing to alter
regulated wetlands has demonstrated that no practicable alternative
exists for the proposed project.
50.ItUnique/Outstanding #1 Rating U is a rating assigned to
wetlands in King County which have species that are listed as
endangered or threatened,or the presence of critical or outstanding
habitat for those species;wetlands having 40-60%permanent open
water in dispersed patches with two or more vegetation classes;
wetlands equal to or greater than 10 acres in size and having three
or more wetland classes,one of which is open water;or the presence
of plant associations of infrequent occurrence.
51."Urban lt is a Shorelines Master Program land use
designation identifying an area for high intensity land uses.It is
suitable for those areas presently sUbjected to extremely intensive
land use pressures,as well as areas planned to accommodate future
intensive urban expansion.
52."utilities U are all lines and facilities related to the
provision,distribution,collection,transmission or disposal of
water,storm and sanitary sewage,oil,gas,power,information,
telecommunication and telephone cable,and includes facilities for
the generation of electricity.
53.UVegetation types"means descriptive classes of the
wetlands taxonomic classification system of the United States Fish
and wildlife Service Classification of Wetlands and Deepwater
Habitats of the U.S.FWS/OBS -79/31.(Cowardin,et al 1979).
54."Wetland It means for the purposes of inventory,
incentives,and nonregulatory programs,those lands transitional
between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land is covered by shallow
water.For the purposes of regulation,wetlands are defined by
the Federal Manual for the Regulation and Delineation of
Jurisdictional Wetlands pursuant to this Chapter,section 4-32-
3.C.Wetlands created or restored as part of a mitigation
project are regulated wetlands.Wetlands intentionally created
for purposes other than wetland mitigation,including but not
limited to,stormwater management,wastewater treatment or
landscape amenities,drainage ditches are not considered
regulated wetlands.
43
ORDINANCE NO.4346
55."Wetland buffers"or "wetland buffer zones"are areas that
surround and protect a wetland from adverse impacts to its functions
and values.
56."Wetland category"is a classification system used for the
purpose of regulating wetlands in the City of Renton.The criteria
for determining a wetland's category are listed in Section 4-32-3.0
of this Chapter.
57."Wetland edge"means the boundary of a wetland as
delineated using the Federal Manual for the Regulation and
Delineation of Jurisdictional Wetlands pursuant to this Chapter,
Section 4-32-3.C.
4-32-16:Effective Date:
This ordinance will not apply to any
threshold environment determination
preliminary draft environmental impact
the effective date of this ordinance.
4-32-17:SEPA Relationship:
project that has reached the
state (DNS,MDNS)or the
statement (PDEIS)stage as of
Wetlands as mapped and identified in the City of
Areas Inventory of Wetlands are designated as
Sensitive Areas pursuant to the state Environmental
197-11-908,and Title IV,Chapter 6,of the Renton
The following SEPA categorical exemptions shall
wetlands:WAC 197-11-800:1,2,3,4,6,8,25.
Renton critical
Environmentally
Policy Act,WAC
Municipal Code.
not apply to
SECTION II.This Ordinance shall be effective upon its
passage,approval,and thirty days after pUblication.
PASSED BY THE CITY COUNCIL this 9th day of March
1992.
APPROVED BY THE MAYOR this 9th day of
1992.
44
March
ORDINANCE NO.4346
Lawrence J.Warren,City Attorney
Date of Publication:3/19/92
ORD.224-2:3/12/92:as.jw.
45
Amended by ORO #4478,4538
4703
CITY OF RENTON,WASHINGTON
SUMMARY OF ORDINANCE NO.4346
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
TITLE IV (BUILDING REGULATIONS),OF ORDINANCE NO.4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON,WASHINGTON"BY ADDING CHAPTER 32 RELATING TO
WETLANDS MANAGEMENT (INTERIM ORDINANCE).
SECTION I.Title IV (Building Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of
Renton,Washington"is amended by adding Chapter 32,Wetlands
Management,which is summarized as follows:
SECTION:
4-32-1:
4-32-2:
4-32-3:
4-32-4:
4-32-5:
4-32-6:
4-32-7:
4-32-8:
4-32-9:
4-32-10:
4-32-11 :
4-32-12:
4-32-13:
4-32-14:
4--32-15 :
4-32-16:
4-32-17:
Findings of Fact and Purpose
General Provisions
Lands to Which this Chapter Applies
Allowed and Regulated Activities
Review Procedures for Projects with Wetlands
Standards for Permit Approvals
Densities and Separate Tracts
Non-Conforming Activities
Temporary Emergency Permit Procedure
Judicial Review
Amendments
Severability
Assessment Relief
Violations Declared Nuisance
Definitions
Effective Date
Relationship to SEPA.
SECTION II.A full text of this Ordinance will be mailed,
without charge,upon request to the City Clerk.
Date of Publication:March 13.1992
ORD.229:3/9/92:as.