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The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following:

A. Land that is located wholly within a Category I, II or III wetland and some Category IV wetlands or its buffer may not be subdivided.

B. Land that is located partially within a Category I, II, or III wetland and some Category IV wetlands or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is:

1. Located outside of the wetland and its buffer; and

2. Meets the minimum lot size requirements of BMC Title 12.

C. Land that is located wholly or partially within some Category IV wetlands may be subdivided if the wetland meets the criteria in BMC 14.04.510(B) and an acceptable mitigation plan is proposed. If the alteration of the wetland and/or its buffer is determined appropriate by the community development director after application of BMC 14.04.210, 14.04.220, 14.04.530, and 14.04.540 and other applicable requirements of this chapter, then the subdivision may:

1. Include that portion of the wetland and buffer approved for alteration as part of a lot or lots within the subdivision; and

2. Include that portion of the wetland and buffer approved for alteration as part of a street or utility corridor serving the subdivision.

D. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the city determines that no other feasible alternative exists and when consistent with this chapter. (Ord. 2349 § 2, 2021; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).