22.09.100 Restoration and conservation.
Restoration is the improvement or re-establishment of impaired ecological shoreline processes or functions. This may be accomplished through measures including but not limited to: amending soils, planting native vegetation, removing derelict shoreline structures, removing or treating toxic materials, enhancing or restoring native species, and re-sloping banks within near-shore or riparian areas. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions (Chapter 173-26 WAC). The citywide objective of restoration is to achieve a net gain in ecological function within each watershed.
A. Policies.
1. The primary objectives of restoration projects should be to protect and restore natural processes controlling environmental factors.
2. The Nooksack Tribe, Lummi Nation, Corps of Engineers, Washington Department of Ecology, and the Washington Department of Fish and Wildlife and other appropriate resource agencies should be included at the beginning of the design and development stages of a restoration project or plan.
3. The goals of the restoration plan in Appendix B should be considered for all restoration and conservation projects as well as the Restoration Opportunities within the Functional Analysis of the subject reach in the 2004 Shoreline Characterization and Inventory.
4. Restoration and conservation may take place as a stand-alone project or as a required element of a larger development proposal. In either case the following should be achieved as is feasible:
a. Non-native vegetative species should be eliminated and soil amendments should be made including mulching to help establish new native vegetation;
b. Installation of native vegetation should be an appropriate mix of deciduous, conifer, under-story and groundcover species that are capable of achieving substantial water body shading, provide food sources for a variety of species, enhance and connect to habitat corridors and slow movement of groundwater and sheet-flow towards the water body;
c. Introduction of LWD to the water body should not adversely impact fish passage or hydrologic function; and
d. Design and implementation of restoration projects that alter the location of the OHWM should not negatively impact abutting or proximate (third party) property owners, compromise the integrity or threaten the loss of existing structures, transportation routes, public access areas or cause significant additional erosion.
B. Regulations.
1. Restoration projects that are within critical areas, shorelines or their required buffers are permitted subject to the applicable requirements within this title.
2. Restoration projects that achieve the objectives within the restoration plan (Appendix B) shall have priority over other restoration projects.
3. Whenever feasible, restoration projects that have been identified in the Bellingham Bay Demonstration Pilot Project Comprehensive Strategy and Habitat Documentation Report shall be implemented as required as development occurs within or adjacent to those areas specified.
4. Whenever feasible, restoration opportunities specified in the WFG Framework Plan and within the “Early Action Items” shall be implemented as required as development occurs within or adjacent to those areas.
5. Future restoration plans that are developed shall include input and coordination from federal, state and local agencies and governments with jurisdiction as well as special interest and nonprofit groups, private firms and the general public.
6. Restoration projects that include structural modification or stabilization shall first consider bioengineered techniques as specified in BMC 22.08.120, Shoreline modifications/stabilization.
7. Restoration projects shall be designed such that there are no adverse impacts on ecological resources or functions within the same watershed or sub-drainage.
8. Restoration projects shall include a maintenance and monitoring plan financial surety that includes a guarantee and/or contingency plan when said project does not achieve its intended objective.
9. Restoration projects shall take into consideration existing and lawfully erected structures and developments such that their safety is not compromised. Restoration projects shall not conflict with existing utilities, roadways and public access points unless those functions can be relocated such that the public benefit remains the same or is improved.
10. Restoration projects that change the location of the OHWM and thereby alter land areas within shoreline jurisdiction shall comply with the following:
a. The restoration plan shall be reviewed and approved by the Department of Ecology Bellingham Field Office and the director of the planning and community development department.
b. Property owners that would have all or portions of their property encumbered by new shoreline jurisdiction or new shoreline buffers as a result of a restoration project shall be provided with proper notice prior to approval of the project as stated in subsection (B)(10)(a) of this section.
c. Where pre-restoration buffer and setback standards are established as specified in BMC 22.08.010(B)(5), Shoreline buffers, the responsible party shall survey the buffer and record it against the title of the subject property(s). Said buffer shall also be marked in the field by an appropriate means. All subsequent development shall conform to the pre-restoration buffer. This requirement also applies to restoration that is a required element of a shoreline permit and as specified in subsection (B)(10)(e) of this section.
d. When restoration occurs abutting a developed property that is presently nonconforming, the requirements in subsection (B)(10)(c) of this section shall apply, and all subsequent development shall comply with BMC 22.05.040, Nonconformity.
e. Restoration projects shall be designed to provide at least the minimum functions necessary for the given objectives of the project and shall be consistent with the Functional Analysis for the subject reach per the 2004 Shoreline Characterization and Inventory. [Ord. 2013-02-005 § 2 (Exh. 1)].