2751u
ORDINANCE NO.2751
AN ORDINANCE AMENDING CHAPTER 19.06 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "CLASSIFICATION AND DESIGNATION OF WETLANDS AND
REGULATIONS FOR THE CONSERVATION AND PROTECTION OFWETLANDS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 19.06 of the Moses Lake Municipal Code entitled "Classification and Designation of
Wetlands and Regulations forthe Conservation and Protection of Wetlands"is amended as follows:
19.06.050 Definitions:
A. Alteration - any activity which materially affects the existing condition of land improvements
B.Applicant -means the person,party, firm,corporation,or other legal entity that proposes any
activity.The applicant is either the owner of the land on which the proposed activitywould be
located,or the designated representative.
C. City -means the City of Moses Lake
D. Clearing -means the removal of brush,grass,ground cover, or other vegetative matter from
a site which exposes the surface of the site.
E.Compensatory Mitigation -means mitigation for wetland losses or impacts resulting from
alteration of wetlands and/or their buffers.It includes,but is not limited to,creation,
enhancement,and restoration
I I F. Creation -means the producing or forming of a wetland through artificial means from an
upland (non-wetland)site.
G.Designated Wetland -means those lands identified through the classification process
established by this chapter.
H.Development -means alteration (see definition for Alteration)
I.Earth/Earth Material -means naturally occurringrock, soil,stone,sediment,organic material,
or combination thereof.
J.Enhancement -means actions performed to improve the condition of existing degraded
wetlands and/or buffers so that the functions they provide are of a higher quality (e.g.,
increasing plant diversity, increasing wildlife habitat, installing environmentally compatible
erosion controls, removing non-indigenous plantor animal species,removing fill materialor
garbage,etc.).
K.Erosion-meansthe wearing away of the earth's surface as a result of the movement ofwind,
water,or ice.
L.Excavation -means the manual and or mechanical removal ofearth material or fill.
M.Existing and Ongoing Agricultural Activities -means those activities conducted on lands
defined in RCW 84.34.020 (2),and those activities involved in the production of crops and
livestock,including but not limited to operation and maintenance of farm and stock ponds or
drainage ditches,irrigation systems,changes between agricultural activities, and normal
operation,maintenance orrepairofexisting serviceable structures,facilitiesorimproved areas.[^_J Activities which bring an area into agricultural use are not part of an ongoing activity.An
operation ceasesto be on going when the area on which itwasconducted has been converted
to a non-agricultural use or has lainidle more than five (5)years and so longthat modifications
to the hydrological regime are necessary to resume operations,unless the idle land is
registered in a federal or state soils conservation program.
ORDINANCE NO.2751
PAGE2 January27, 2015
N.Fill/Fill Material -means a deposit of earth material,placed by human or mechanical means,
and which is not defined as solid waste according to RCW 70.95.([**}
O.Filling -means the act of placing fill material on any surface.
P. Grading -means any excavating,filling,clearing,leveling, or contouring of the ground surface
of a site.
Q.In-Kind Mitigation-means to replace wetlands with substitutewetlands whose characteristics
and functions and values are intended to replicate those destroyed or degraded by a regulated
activity.
R. Mitigation -means to avoid,minimize,or compensate for adverse wetland impacts.
S.Out-of-Kind Mitigation -means to replace wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
T.Permanent Erosion Control -means continuous on-site and off-site control measuresthat are
needed to control conveyance or deposition of earth, turbidity,or pollutants after development,
construction,or restoration.
U.Restoration -means the re-establishment of a viable wetland from a previously filled or
degraded wetland site.
V.Significant Impact -means a meaningful change or recognizable effect to the ecological
function and value of a wetland,which is noticeable or measurable,resulting in a loss of
wetland function and value.
W.Single-Family Residence or Dwelling -means abuilding or structure,or portion thereof,which ^"^
is designed forand used to providea place of residence forhuman habitation.
X. Site -means any parcel orcombination of contiguous parcels, or right-of-wayorcombination
of contiguous rights-of-way under the applicant's ownership or control where the proposed
project impacts a wetland(s).
Y.Slope -means an inclined earth surface,the inclination of which is expressed as the ratio of
horizontal distance to vertical distance.
Z.Substrate -means the soil,sediment,decomposing organic matter,or combination,located
on the bottom surface of the wetland.
AA.UtiiitvLine-means pipe,conduit,cable,orothersimilarfacility by which services are conveyed
to the publicor individualrecipients.Such services shall include, but are not limited to,water
supply, electric power, gas, and communications.
BB.Wetland(s)-means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps,marshes,bogs,and similar areas.Wetlands do not
include those artificialwetlands intentionally created from non-wetland sites,including but not
limited to,irrigation and drainage ditches,grass lined swales,canals,detention facilities,
retention facilities,wastewater treatment facilities, farm ponds,and landscape amenities or
those wetlands created after July 1,1990,that were unintentionally created as a result of the
construction of a road,street,or highway.Wetlands may include those artificialwetlands
intentionally created from non-wetland areas to mitigate the conversion of wetlands.
CC.Wetland Buffer Zone -means a designated area contiguous or adjacent to a wetland that is
required forthe continued maintenance,function, and structural stability of the wetland.
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ORDINANCE NO.2751
PAGE 3 January 27,2015
DD.Wetland Specialist - isa person witha minimum ofa four (4) year degree in wildlife sciences,
biology,environmental science, or an equivalent academic background who also has
experience in performing wetland delineations, analysis ofwetland functions and values and
project impacts, and wetland mitigation and restoration techniques. The person must be
familiar with the approved federal Wetland Delineation Manual and applicable regional
supplements, the WashingtonState Wetland Rating SystemforEastern Washington,and the
City of Moses Lake Wetlands Ordinance.
19.06.120 Wetlands Classification and Ratings Guidelines:A wetland rating and classification shall be
established based upon a completed delineation report prepared by a wetland specialist to
determine boundary, size,function,and value. Guidelines for preparing a wetland delineation
report are defined in Section 19.06.150 of this chapter and the approved federal wetland
delineation manual and applicable regional supplements.Guidelines for rating wetlands are
defined in the Washington State Department of Ecology Wetland Rating System for Eastern
Washington,October2014,as revised.Wetlandsshallbe classified in accordance with thisrating
system.
19.06.150 Wetlands Analysis Report Reguirements:
A.Awetlandanalysis reportshallbe prepared bya gualified wetlandspecialist in accordance with
the approved federal Wetland Delineation Manualand applicable regional supplements and
submitted to the Community Development Department for reviewfor any proposals adjacent
to or within an affected wetland area.
B. Within the time frame established in Moses Lake Municipal Code Title 20,the Community
Development Department shall determine the appropriate wetland category,buffering
requirement,and potential mitigation based upon the recommendation of the wetlands report
analysis.The wetland analysis report shall be forwarded for review and comment to agencies
with expertise or jurisdiction on the proposal,including,but not limited to:
1.Washington State Department of Fish and Wildlife
2.Washington State Department of Natural Resources
3.U.S.Fish and Wildlife Service
4.Washington State Department of Ecology
5.United States Army Corps of Engineers
Comments received from review agencies within thirty (30)days of circulating the wetland analysis
report shall be considered by the Community Development Department.
Section 2. This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the CityCouncil and signed by its Mayoron January 27,2015.
Dick Deane,Mayor
APPROVED AS TO FORM
Robert Taylor,Finance Director