17.150.022 No net loss of ecological functions.
(1) Shoreline land uses and activities that may have adverse impacts on the environment should be minimized during all phases of development (e.g., design, construction, management and use) to ensure no net loss of ecological functions and processes. Permitted uses are designed and conducted to minimize, insofar as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water quality (including temperature) maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance.
(2) An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order:
(a) Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action.
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts.
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment.
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action.
(e) Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments. Preference shall be given to measures that replace the impacted functions on site or in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans may be authorized.
(f) Monitoring the adverse impact and taking appropriate corrective measures.
(3) Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions.
(4) Guidelines for ecological preservation and restoration shall include the following:
Stillaguamish River Reach A from the SR 532 bridge to the “Railroad Parcel,” priorities for ecological preservation and restoration include preservation of the wetland on the water side of the railroad and preservation and enhancement of the wetlands on the land side of the railroad including restoring connections to the tidally influenced river. Standard critical area buffers apply to the wetlands.
Stillaguamish River Reach B is subject to critical area buffer of native vegetation extending 40 feet from the OHWM. The existing configuration of the shoreline shall be regraded to provide a shoreline profile more typical on natural conditions that will accommodate native vegetation.
Stillaguamish River Reach C on the Twin City Foods site contains an existing nonconforming use important to the economic base of the city. As long as the use continues, no requirements for critical area buffers apply. If the site is redeveloped in the future such that building modification or replacement takes place, water frontage is subject to a critical area buffer of native vegetation extending 40 feet from the OHWM.
Stillaguamish River Reach D from Twin City Foods to Irvine Slough, the city owned parcel is subject to bank modification and native vegetation restoration consistent with its primary function of providing public access. The private parcels separated from the water by the intervening city owned parcel may accommodate water-oriented use in conjunction with the city owned parcel, although they meet the criteria for non-water-dependent use of being isolated from the shoreline by an intervening parcel under separate ownership.
Stillaguamish River Reach E east of Irvine Slough to the city limits is subject to critical area buffer of native vegetation extending 40 feet from the OHWM on the Stillaguamish River and 35 feet on Irvine Slough up to 25 percent of the lot area. Any reduction to achieve the 25 percent of land area should be on Irvine Slough buffers. The existing deteriorated bulkhead shall be removed and replaced with a regraded shoreline more typical of natural conditions that will accommodate native vegetation. The existing smokestack may be maintained in the buffer as a visual landmark.
Stillaguamish River Reach F consisting of the public sewage treatment facility is not subject to ecological preservation and restoration, beyond existing vegetation buffers as an essential public facility.
Church Creek Reach A from the city limits to Pioneer Highway is subject to critical area buffer requirements, including both stream and steep slope buffers.
Church Creek Reaches B and C north of Pioneer Highway are subject to critical area buffer requirements, including stream, wetland and steep slope buffers. (Ord. 1373 § 46, 2014).