19.37.180 Stream alteration thresholds and compensation.
A. Stream Preservation/Alteration Thresholds.
1. Type S Streams. All Type S streams shall be regulated by the city of Everett shoreline master program.
2. Type F Streams. All Type F streams shall be preserved. The city may only allow alteration of Type F streams under the following circumstances:
a. Where alteration is allowed pursuant to EMC 19.37.050;
b. Stream Crossings. Stream crossings are regulated by the Washington State Department of Fish and Wildlife (WDFW). Stream crossings shall only be permitted as provided by EMC 19.37.050 or to provide access to a lot or a substantial portion of a lot when no other feasible means of access exists. Use of common access points shall be required for abutting lots which have no other feasible means of access. Alteration for the purpose of providing access shall be limited to the minimum number of stream crossings required to permit reasonable access. Bridging may be required when necessary to protect significant stream functions. If a culvert is allowed, the design and installation must be approved by WDFW;
c. When the proposal results in significant restoration of functions to the stream segment and the alteration is approved by the Washington State Department of Fish and Wildlife.
3. Type Np and Type Ns Streams.
a. Except as provided in this subsection, no alteration of a Type Np or Ns stream shall be allowed except as otherwise provided by EMC 19.37.050; or
b. The planning director may, using the review process described in EMC Title 15, Local Project Review Procedures, allow alteration or relocation of Type Np and Ns streams under the following conditions:
(1) Stream and buffer functions in the relocated/altered stream section must be equal to or greater than the functions provided by the stream and buffer prior to relocation/alteration;
(2) The equivalent base flood storage volume shall be maintained;
(3) There shall be no impact to local ground water;
(4) There shall be no increase in water velocity;
(5) There is no interbasin transfer of water;
(6) The relocation shall occur on site and shall not result in additional encumbrances on neighboring properties unless necessary easements and waivers are obtained from affected property owners;
(7) The relocation maintains or enhances existing connections to other critical areas and priority habitats.
c. Stream Crossings. Stream crossings are regulated by the Washington State Department of Fish and Wildlife (WDFW). Stream crossings shall only be permitted as provided by EMC 19.37.050 or to provide access to a lot or a substantial portion of a lot when no other feasible means of access exists. Use of common access points shall be required for abutting lots which have no other feasible means of access. Alteration for the purpose of providing access shall be limited to the minimum number of stream crossings required to permit reasonable access. Bridging may be required when necessary to protect significant stream functions. If a culvert is allowed, the design and installation must be approved by WDFW.
4. Watershed Management Plans. The city shall not allow relocation or alteration of any Type F stream located within an area where an adopted watershed management plan does not allow for stream alteration or relocation, except when allowed by EMC 19.37.050, or to allow access to a lot or substantial portion of a lot when no other feasible means of access exists.
B. Compensating for Stream Impacts. Stream system and buffer alteration, when allowed by this chapter, shall be subject to the following requirements:
1. Each activity/use shall be designed so as to minimize overall stream system or buffer alteration to the greatest extent possible.
2. Construction techniques and field marking of areas to be disturbed shall be approved by the city prior to site disturbance to ensure minimal encroachment.
3. A mitigation plan shall be prepared in accordance with this section.
4. The city may require the applicant to rehabilitate a stream system and its buffer area by removing harmful debris, sediment, nonnative vegetation, or other material detrimental to the area, by replanting disturbed vegetation, by removing tightlined or culverted portions of a stream from pipes/culverts, or by other means deemed appropriate by the city. Rehabilitation or restoration may be required at any time that a condition detrimental to stream functions exists.
5. In approving alteration or relocation of a stream system or its buffer, the city may require that an area larger than the altered portion of the stream and its buffer be provided as compensation for destruction of the functions of the altered stream system and to ensure that such functions are replaced.
6. When stream system relocation or compensation is allowed, the city shall require that the stream relocation be completed prior to allowing the existing stream to be filled or altered.
7. The city may limit certain development activities near a stream to specific months in order to minimize impacts on water quality and wildlife habitat.
8. The city may apply additional conditions or restrictions, or require specific construction techniques, in order to minimize impacts to stream systems and their buffers.
9. Stream compensation shall not occur in areas having high-quality terrestrial habitat.
C. Voluntary Daylighting of Streams in Pipes and Culverts.
1. To encourage daylighting of streams in pipes and culverts, the planning director may modify development standards as set out in subsection C.2 of this section when the applicant submits a plan for daylighting that meets the following criteria:
a. The plan is prepared by a qualified professional;
b. The ecological functions of the daylighted waters and adjacent area are improved so the new riparian corridor is compatible with and protects the ecological functions of the existing riparian corridor upstream and downstream and does not contribute to flooding; ecological functions include preventing erosion, protecting water quality, and providing diverse habitat; and
c. If the plan proposes daylighting the pipe or culvert in a different location on the parcel from its current location or off the parcel, the ecological functions required in subsection C.1.b of this section are provided as effectively as they would be without the relocation.
2. If the director finds the conditions in subsection C.1 of this section are met, the director may modify the following development standards. The modification shall be the minimum to provide sufficient area to meet the standards in subsection C.1 of this section and shall be in the following order of priority:
a. Yard and/or setback requirements on the property may be reduced, unless reducing them is injurious to safety.
b. The stream and adjacent buffer area may count toward required landscaping.
c. The stream and adjacent buffer area may count toward open space requirements for all multiple-family and M-1 zone requirements.
d. Building heights may be increased. (Ord. 3676-19 § 21, 2019; Ord. 2909-06 § 18, 2006.)