14.28.450 Application approval--Compensatory mitigation--Wetlands restoration and creation.
A. 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.
B. Where feasible, restored or created wetlands shall be a higher category than the altered wetland.
C. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self-sustaining and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss.
D. Acreage Replacement Ratio. The following ratios apply to creation or restoration which is in-kind, on-site, the same category, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a wetland bank approved by the city, the Department of Ecology or the U.S. Corps of Engineers. When credits from a certified bank are used, replacement ratios should be consistent with the requirements of the bank’s certification. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered.
|
Category and Type of Wetland |
Creation or Re-establishment |
|
|---|---|---|
|
Category l: Bog, Natural Heritage Site |
Not considered possible |
Case by case |
|
Category l: Mature Forested |
6:1 |
12:1 |
|
Category l: Based on Functions |
4:1 |
8:1 |
|
Category ll |
3:1 |
6:1 |
|
Category III |
2:1 |
4:1 |
|
Category IV |
1.5:1 |
3:1 |
1. Increased Replacement Ratio. The city of Lacey may increase the ratios under the following circumstances:
a. Uncertainty as to the probable success of the proposed restoration or creation;
b. Significant period of time will elapse between impact and replication of wetland functions; or
c. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or
d. The impact was an unauthorized impact.
2. Decreased Replacement Ratio. The city of Lacey may decrease these ratios under the following circumstances:
a. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;
b. Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will provide functions and values that are significantly greater than the wetland being impacted; or
c. The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful.
3. A minimum acreage replacement ratio of 1:1 shall be required except as provided by LMC 14.28.445(B). (Ord. 1449 §4, 2014; Ord. 1215 §15, 2003; Ord. 935 §8, 1992; Ord. 912 §1 Sec. 7.5(f)(2), 1991).