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Wetlands_CodeAmendments_2018Guidance.pdfEdmonds Page 1/13 23.50.010 Designation, rating and mapping -Wetlands. A. Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal delineation manual and applicable regional supplements as set forth in WAC 173-22-035, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city of Edmonds meeting the wetland designation criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. B. Wetland Ratings. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland RatinSystem for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met. Ir'o.l.,.,,1IS 'ShAll l.o -At@ a a: , t@ thO IA'aS iljgtol Stave levels.P@PaAM@fit Of EG9I@g5'W@tIafid FatiHg sYsAP-'M found in the-, 2014 Washington Staw W@tlaad Rating Syst@m for - parameters ;vithin this deeium@at, we-tiands that A_Fe_- Fate -A- f0f @eelogieal _f4JM0AiA_ As V.'ith high@st Point totals (23 points or- higher-) perform @eolegieal P-1-M-0-4-i-ANHIS V.44-h- Watear- 14ow, watear- quality and habitat at highest !@;,@Is, we-41A4;d'; thAt Ar-ear-Atead with lewpa'st Point totals (15 Points funetion's Atlowe-4 le,ved_s. AIP-41--ands t-h-at ffl:e, 4F-ated with points h-P-41A,ow-m- 1_6 -and 22 points perform oeologioal fime-Ain-fls -at rAnder-Ate, to high 1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. 2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points). 3. Category 111. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category 11 wetlands. 4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. 5. Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant's knowledge. 1. The City of Edd-r-Ane-ndds NATP-41and Rating Gaty-'g-p.— The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 2/13 C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S. Department of Agriculture, National Resources Conservation Service may be useful in helping to identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city of Edmonds, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. E. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the approved federal wetland delineation manual and applicable regional supplements. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in this section. Consistent with guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. G. Edmonds Marsh. The city has a 23-acre Edmonds marsh wetland which in addition to a wildlife habitat and natural resource sanctuary is also classified by the state as a priority habitat. H. Other Significant Wetland. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 3/13 1. Good Hope Pond. 2. Mouth of Shell Creek. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part II. Allowed Activities — Wetlands 23.50.020 Allowed activities — Wetlands. The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include: A. 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. B. 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. C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water 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 ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed. D. 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. Noxious weeds listed on the Washington State Noxious Weed Control Board list must be handled and disposed of according to a noxious weed control plan appropriate to that species. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 20041. Part M. Additional Report Requirements — Wetlands 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 4/13 E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland RatinjSystem for Western Washin t� on: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. a. For wetlands that score 6 points or more for habitat function, the buffers in subsection F. Le can be used if both of the following criteria are met: i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed byqualified biologist. If no option for providing a corridor is available, subsection F. Le may be used with the required measures in subsection F.1.f alone. ii. The measures in subsection F. Lf are implemented, where applicable, to minimize the impacts of the adiacent land uses. b. For wetlands that score 3-5 habitat points, only the measures in subsection F.l.f are required for the use of subsection F.Le c. If an applicant chooses not to apply the mitigation measures in subsection F. Lf, or is unable to provide a protected corridor where available, then subsection F.1.g must be used. d. The buffer widths in subsection F. Le and subsection F.1.fg assume that the buffer is vegetated with a native plant community ppropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. e. Wetland Buffer Requirements for Western Washington if subsection F.l.f is Implemented and Corridor Provided Buffer Width (in Feet) Based on Habitat Score 51 W d Cate or 3-5 6-7 8-9 Category I: Based on total score 75 110 225 Category L- Bogs and wetlands of 190 225 high conservation value The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 5/13 Category L 75 110 225 Forested Category L- 225 Interdunal (buffer width not based on habitat scores) Category L 150 Estuarine and Coastal (buffer width not based on habitat scores) Lagoons Category IL 75 110 225 Based on score — — Category IL 110 Interdunal wetlands (buffer width not based on habitat scores) Category 110 II: Estuarine and IL — (buffer width not based on habitat scores) stal Lagoons CoaCategory III (all) 60 110 225 Category IV (all) 40 £ Required Measures to Minimize Impacts to Wetlands (All measures are required if applicable to a specific proposal). Disturbanc Required Measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation planting adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outter wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limitinguse se of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use low intensity development techniques (for more information see stormwater ordinance and manual) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 6/13 Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for ecoregion • Place wetland and its buffer in a separate tract to protect with a conservation easement Dust • Use best management practices to control dust g. Wetland Buffer Requirements for Western Washington if subsection F. Lf is NOT Implemented or Corridor NOT provided Buffer Width (in Feet) Based on Habitat Score Wetland Cate or joc- 3-5 6-7 8-9 Category I: 100 150 300 Based on total score Category Bogs and wetlands of 250 300 high conservation value Category 100 150 300 Forested Category 300 Interdunal (buffer width not based on habitat scores) Category 200 Estuarine and Coastal (buffer width not based on habitat scores) Lagoon Category IL- 100 150 300 Based on score Category IL- 150 Interdunal wetlands (buffer width not based on habitat scores) Category 150 IL- Estuarine and Coastal (buffer width not based on habitat scores) Lagoons Category III (all) 80 150 300 Category IV (all) 50 The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 7/13 Wetland Category Minimum RuMr- Width (Wedand seer -es 3 4 hnbitat points) Hu€€ p M'Wth 4; R-Mr--Width (Wednnd seores 6--7- habitat poin4o Ru€€er-Kidt-h-- CWefland seer -es 8 9 habitat points) CWedand seer -es habitat points) Ragpd. PA; total spape Category L Begs and wetlands efhigh senservat envad-I '.g , o0a 199 a , o0a Category 1: F va 7-5€t 1 n5a 5 ft 225 ft Category 1: £stuaring , c0a 1 c0w 150 1t 150 fa Category M Based an SeOFe 73-€t 105 165 ft Category TT ) ! /mil i 10514 Y-V.i--it 165 it Categofy4) 4 f-H 444 Ate# 444 The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 8/13 DUA Use hest ,«.1...1geme.,t ..faetices t.......,#ol dugt Tl:..raptie ft of pof-.idor.... Ti ai4;t.1:,... options to og site „ s that .1 .4..7:..t1,rbAd 3. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site - specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; or c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with this subsection (F)(3) may substitute. d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. 4. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 5. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. 6. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses. 1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this title. 2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on site. 3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard wetland buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 9/13 a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off site, after averaging is no less than that which would be contained within a standard buffer; and d. The buffer width at any single location is not reduced by more than 25 percent to less than cn percent of the standard buffer width. 4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards including but not limited to: i. Percent vegetative cover; ii. Percent invasive species cover; iii. Species richness; and iv. Amount of large woody debris. 5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 10/13 b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability, are generally located only in the outer 25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing legally established development has reduced the width of the wetland buffer, trails may be placed in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director may allow trails within the inner 25 percent of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. d. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or IV wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Storm water management facilities are not allowed in buffers of Category I or II wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Storm Water Management, including Minimum Requirement No. 8, Wetland Protection. H. Signs and Fencing of Wetlands. 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Protected Wetland Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restrictions The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 11/13 b. The provisions of subsection (H)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife. 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances; provided, that the director may waive this requirement: a. As part of any development proposal for single-family plats, single-family short plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area; provided, that breaks in permanent fencing may be allowed for access to permitted buffer uses (subsection (G)(5) of this section); b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averaging is employed as part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. I. Additions to Structures Existing within Wetlands and/or Wetland Buffers. 1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: a. Outside of the standard wetland buffer; b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section; c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section; d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to -impact); e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm water low impact development (LID) techniques and other measures are included as part of the wetland/buffer enhancement plan. 2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the sequencing in subsection (I)(1) of this section (i.e., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 12/13 J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are met: 1. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; 2. The proposed development within the footprint of existing development is sited as far away from the wetland edge as is feasible; 3. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an undue burden given the scale of the proposed development; 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in a wetland buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. K. Exemptions and Allowed Uses in Wetlands. The following wetlands may be exempt from the requirement to avoid impacts (ECDC 23.40.120.B.1), and they may be filled if the impacts are fully mitigated based on the remaining actions in ECDC 23.40.120.13.2 through 6. If available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements in ECDC 23.50.030 must be submitted. 1. All isolated Category IV wetlands less than 4,000 square feet that: a. Are not associated with riparian areas or their buffers b. Are not associated with shorelines of the state or their associated buffers c. Are not part of a wetland mosaic d. Do not score 6 or more points for habitat function based on the 2014 update to the Washington State Wetland Rating Svstem for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology) e. Do not contain a Priority Habitat or a Priority Areal for a Priority Species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter 23.90 ECDC. 2. Wetlands less than 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. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Edmonds Page 13/13 The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018.