a. The director determines that the minimum width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area;

b. When a frequently flooded area, as specified in BMC 16.55.370(B), exceeds the minimum riparian habitat area width, the riparian habitat area shall extend to the outer edge of the frequently flooded area;

c. When a channel migration zone is present, the buffer width shall be measured from the outer edge of the channel migration zone;

d. When the habitat area is in an area of high blow-down potential, the buffer width shall be expanded an additional 50 feet on the at-risk side; or

e. When the habitat area is within a landslide hazard area, or buffer, the riparian habitat area width shall be the maximum distance of the erosion or landslide hazard area buffer, whichever is greater.

a. The width averaging will not result in a net loss of shoreline ecological functions including a net loss to those habitats for anadromous fish and terrestrial species;

b. The recommended buffer width is not reduced below the minimum in any location;

c. The width averaging will not be located within another critical area or associated buffer; and

d. The averaging is part of a restoration or enhancement project that has been reviewed and approved by the Washington State Department of Fish and Wildlife and overall, achieves a net gain in shoreline ecological function.

a. Clearing, filling and grading when permitted as part of an authorized activity and shall be subject to the policies and regulations in BMC 22.08.170, Landfill;

b. Shoreline Modification and Stabilization. New, replacement, or substantially improved shoreline modification and/or stabilization features may be permitted as an element of a water-oriented use and in accordance with an approved critical area report that demonstrates compliance with the policies and regulations in BMC 22.08.120, Shoreline modifications/stabilization;

c. Public Roads, Trails, Bridges, and Rights-of-Way. Construction of trails, roadways, and minor road bridging, less than or equal to 30 feet wide, may be permitted in accordance with an approved critical area report and shall comply with the applicable requirements within BMC 22.08.090, Public access, and BMC 22.09.110, Roads, railways, and utilities;

d. Public Utility Facilities. New utility lines and facilities may be permitted to cross watercourses in accordance with an approved critical area report and shall comply with the policies and regulations within BMC 22.09.110, Roads, railways, and utilities;

e. Public Flood Protection Measures. New public flood protection measures and expansion of existing ones may be permitted, subject to the city’s review and approval of a critical area report and the approval of a federal Biological Assessment by the federal agency responsible for reviewing actions related to a federally listed species. Said protection measures shall comply with the applicable policies and regulations in this title, including the requirements in BMC 22.08.070, Flood hazard reduction;

f. In-water structures, as defined, shall be allowed as part of an approved watershed basin restoration project approved by the city and upon acquisition of any required state or federal permits or as an element of a water-dependent or aquatic use. Said structures or features shall be designed to avoid modifying flows and water quality in ways that may adversely affect critical areas and habitat conservation areas and shall comply with the applicable policies and regulations in BMC 22.08.030, Critical areas, BMC 22.08.040, BMC 22.08.150, In-water structures, BMC 22.09.060, Piers, floats, pilings – Lake Whatcom and Lake Padden, and BMC 22.09.070, Piers, floats, pilings within marine shorelines;

g. Public Stormwater Conveyance Facilities. (This does not include stormwater management facilities such as detention ponds, stormwater vaults or wetlands.) Conveyance structures may be permitted within a required buffer in accordance with an approved critical area report when all of the following are demonstrated:

h. Restoration and enhancement activities subject to the standards in BMC 22.09.100, Restoration and conservation, and as specified in subsection (B)(5) of this section; and

i. Establishment of a native vegetation protection area and/or an engineered stormwater management mechanism(s) if required per Chapter 16.80 BMC or as a voluntary action for development or redevelopment within the shorelines of Lake Whatcom; provided, that: