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14.04.510 Exemptions and allowed uses in wetlands.
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A. The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in BMC 14.04.150, Allowed activities, and do not require submission of a critical area report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include:

1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland.

2. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

3. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column is disturbed.

4. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs.

B. Limited Exemptions.

1. All isolated Category IV wetlands meeting the criteria specified in this subsection that are less than 4,000 square feet may be exempt from the requirement to avoid wetland and buffer impacts (BMC 14.04.090 and 14.04.540), and they may be altered or filled if the impacts are fully mitigated based on the remaining actions in BMC 14.04.540(A)(2) through (A)(4). If mitigation through enhancement of existing degraded wetlands or expansion of existing wetlands is not feasible, then impacts should be mitigated through the purchase of credits from an in-lieu fee (ILF) program or mitigation bank, consistent with the terms and conditions of the program or bank. Creation of small, isolated wetlands is not preferred unless none of these options are available. A critical areas report for wetlands meeting the requirements in BMC 14.04.520 must be submitted that demonstrates that the wetland is eligible for this exemption by confirming that the following criteria are met:

a. The wetland is not associated with riparian areas or their buffers;

b. The wetland is not associated with shorelines of the state or their associated buffers;

c. The wetland is not part of a wetland mosaic;

d. The wetland does not score six or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); and

e. The wetland does not contain a fish and wildlife habitat conservation area as identified in BMC 14.04.900(A)(1) through (A)(3).

2. All isolated Category IV wetlands meeting the criteria specified in subsection (B)(1) of this section that are less than 1,000 square feet may be exempt from the buffer provisions contained in this chapter. A critical areas report for wetlands meeting the requirements in BMC 14.04.520 must be submitted that demonstrates that the wetland is eligible for this exemption by confirming that the above criteria are met. (Ord. 2349 § 2, 2021; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).