16.55.270 Wetlands – Applicability.
A. This chapter shall apply to:
1. All wetlands except as specified in subsection (B) of this section.
2. All upland buffers to wetlands within the standard buffer widths shown in the tables in BMC 16.55.340.
B. The following wetlands are exempt from the buffer provisions contained in this chapter and from mitigation sequencing as specified in BMC 16.55.250. They may be filled if impacts are fully mitigated based on provisions in BMC 16.55.350. In order to verify that the wetland meets this exemption, a critical area report for wetlands meeting the requirements in BMC 16.55.290 shall be submitted.
1. All isolated Category III and IV wetlands less than 1,000 square feet that:
a. Are not associated with riparian areas or buffers;
b. Do not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife or provide suitable habitat for breeding amphibian populations. Suitable breeding habitat may be indicated by adequate stable and seasonal inundation that is persistent from February to at least through April and presence of thin-stemmed emergent vegetation and/or clean water; and
c. Are not part of a mosaic of wetlands.
2. Wetlands and drainage structures, which were both artificially and intentionally created from nonwetland sites and were not required to be constructed as previous development wetland impact mitigation. These may include, but are not limited to: detention facilities, reservoirs, stormwater or wastewater treatment ponds, farm ponds, irrigation and drainage ditches, grass-lined swales, canals and landscape amenities. [Ord. 2016-02-005 § 18; Ord. 2010-08-050; Ord. 2005-11-092].