Any action taken pursuant to this chapter shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. All actions and developments shall be designed and constructed in accordance with mitigation sequencing (BMC 16.55.250) to avoid, minimize, and restore all adverse impacts.

Applicants must first demonstrate an inability to avoid or reduce impacts, before restoration and compensation of impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas.

Protection of critical areas that are part of an approved mitigation plan shall be achieved through a conservation easement recorded at the Whatcom County auditor’s office, or similar means of protection in perpetuity. [Ord. 2016-02-005 § 10; Ord. 2005-11-092].