1. All feasible and reasonable measures as determined by the department have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations;

2. The restored, created or enhanced critical area or buffer will be as viable and enduring as the critical area or buffer area it replaces; and

3. No overall net loss will occur in wetland or stream functions and values. The mitigation shall be functionally equivalent to or greater than the altered wetland or stream in terms of hydrological, biological, physical, and chemical functions.

1. The preferred location of mitigation is on site when ecologically preferable to other identified alternatives. Mitigation may be allowed off site when it is determined by the director that on-site mitigation is not ecologically preferable to other identified alternatives, or, in the case of wetlands, where the affected site is identified as appropriate for off-site mitigation in the Mill Creek Special Area Management Plan (SAMP), April 2000. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site or is consistent with the SAMP. If it is determined that on-site mitigation is not ecologically preferable to other identified alternatives, mitigation shall be provided in the same drainage basin as the permitted activity on property owned, secured, or controlled by the applicant, or provided by the applicant using alternative mitigation options such as mitigation banking or in-lieu fee programs. The mitigation should result in no net loss to the critical area functions impacted and associated watershed. Where mitigation is authorized to be located outside the city limits, the applicant shall assure to the satisfaction of the director that other requirements of this chapter will be met, including but not limited to, monitoring and maintenance.

2. In-kind mitigation shall be provided except when the applicant demonstrates, and the director concurs, that greater functional and habitat value can be achieved through out-of-kind mitigation.

3. When wetland, stream or habitat mitigation is permitted by these regulations, the mitigation project shall occur near an adequate water supply (river, stream, groundwater) with a hydrologic connection to the critical area to ensure a successful mitigation or restoration. A natural hydrologic connection is preferential as compared to one which relies upon manmade or constructed features requiring routine maintenance.

4. Any mitigation plan shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule that assures completion prior to occupancy has been approved by the department.

1. Where wetland alterations are permitted by the director, the applicant shall enhance or create areas of wetlands in order to compensate for wetland losses. The compensation shall be determined according to acreage, function, type, location, timing factors and projected success of enhancement or creation.

2. The following acreage replacement and enhancement ratios shall be implemented; however, the department may vary these standards if the applicant can demonstrate and the director agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other circumstances as determined by the director justify the variation. In no case shall the amount of mitigation be less than the area of affected wetland. The director may at his discretion increase these standards where mitigation is to occur off-site or in other appropriate circumstances.

3. Category IV wetlands can be mitigated by either: (a) meeting one of the replacement ratios listed in the following table; or (b) filled and mitigated consistent with ACC 16.10.100(A)(3)(d).

1. For subdivisions, short subdivisions, and binding site plans, the critical area and its buffer shall be protected long-term by one of the following measures in the following order of preference:

2. For all other developments, the critical area and its buffer shall be protected by execution of an easement dedicated to the city, a conservation organization, or land trust or similarly preserved through a permanent protective mechanism acceptable to the city. The legal description, depicted location, limitations associated with the critical area and its buffer, and access from the public street shall be included within the easement document. The easement provisions shall be reviewed and acceptable to the city prior to recording with the King County recorder or Pierce County auditor. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6476 § 1, 2013; Ord. 5894 § 1, 2005.)