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14.260.040 Wetland Exemptions.
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A. Wetlands pursuant to subsections B and C of this section are exempt from the requirement to avoid impacts pursuant to SMC 14.260.080(A)(1) and from the buffer requirements pursuant to SMC 14.260.060 and they may be filled if the impacts are fully mitigated based on the remaining actions in SMC 14.260.080(A)(2) through (A)(6). If available, impacts may be mitigated through the purchase of credits from a mitigation bank approved by the State and Federal Interagency Review Team (IRT), consistent with the terms and conditions of the bank. A critical area report for wetlands meeting the requirements in SMC 14.260.070 must be submitted in order to verify the wetland meets the criteria to be exempt.

B. All isolated Category IV wetlands less than four thousand (4,000) square feet are exempt if they:

1. Are not associated with riparian areas or their buffers;

2. Are not associated with shorelines of the state or their associated buffers;

3. Are not part of a wetland mosaic;

4. Do not score six (6) 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); and

5. Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife or do not contain federally listed species or their critical habitat.

C. Wetlands of any type less than one thousand (1,000) square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter. (Ord. 2368, 2019)

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