HomeMy WebLinkAboutITEM VIII-A-1K
TY OF
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AWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Date:
Ordinance No. 6295 amending City of Auburn floodplain and flood hazard
regulations currently specified in Chapter 15.68 (Flood Hazard Areas) of the Auburn
March 10, 2010
Cit Code and referenced in T,itles 14, 16, 17, and 18 of the Auburn Cit Code.
Department:
Attachments:
Budget Impact:
Planning and Development
(1) Ordinance No. 6295
(2) City of Auburn Regulatory Floodplain Map
N/A
(3) Floodplain Habitat Assessment and Mitigation
Regional Guidance, FEMA, January 2010
(4) Regional Guidance for Hydrologic and
H draulic Studies, FEMA, Januar 2010
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6295.
Background Summary:
On November 17, 2008, Auburn City Council enacted a moratorium on development within the Federal
Emergency Management Agency (FEMA) identified 100-year floodplain. This moratorium was enacted as
a result of a finding (Biological Opinion) issued by the National Marine Fisheries Service (NMFS) that
administration of the National Flood Insurance Program (NFIP) jeopardizes species protected under the
Endangered Species Act (ESA). As a result of the NMFS finding, FEMA and communities participating in
the NFIP are required to implement a series of actions, including adoption of regulations to ensure
compliance with the ESA. The purpose of the moratorium was to give these federal agencies time to
complete a model floodplain ordinance and other technical assistance for local jurisdictions, and in the
interim, to limit liability to private parties and the City.
The City of Auburn has participated in the ongoing review of a model floodplain ordinance and related
guidance documents being developed by FEMA, and has provided numerous review comments since mid
2009. Based on the City's understanding of the new NFIP requirements gained through participation in
the NFIP model ordinance development process, staff is recommending that the City move forward at this
time to adopt amendments to Titles 14, 15, 16, 17, and 18 relating to the City's floodplain development
regulations to incorporate the ESA requirements contained in the NMFS Biological Opinion.
Adoption of floodplain regulation amendments that meet the requirements of the NMFS Biological Opinion
will address the underlying reason for the enactment of the floodplain development moratorium and allow
for the moratorium to be discontinued.
On February 18, 2010, the City of Auburn submitted the proposed amendments to the Washington
Department of Commerce and requested expedited state agency regulatory review pursuant to RCW
36.70A.106. On March 8, 2010, the City received notification from the Washington Department of
Commerce that its request for expedited review had been granted.
On February 19, 2010, the City of Auburn issued a duly noticed SEPA Determination of Non-Significance
File No. SEP10-0007 for the proposed amendment of floodplain and flood hazard regulations specified in
Chapter 15.68 (Flood Hazard Areas) of the Auburn City Code and referenced in Titles 14, 16, 17, and 18
of the Auburn City Code.
On February 23, 2010, the Auburn Planning Commission held a duly noticed public hearing, and upon
conclusion of the hearing and the Commission's further discussion and deliberation did then recommend
by positive motion vote to forward the proposed amendments to the City Council for consideration and
ado tion action.
AU$URN *MORE THAN YOU IMAGINED
On March 1, 2010, the Public Works Committee reviewed and discussed the proposed amendments at a
regular meeting of the Committee. Committee members requested that staff refine and clarify Section 11
of the draft ordinance entitled "Effect of subsequent amendments". The ordinance was subsequently
revised to address the refinements requested by the Public Works Committee, to include amendment of
the City of Auburn Fee Schedule for floodplain development permits and associated reviews, and to
include a provision for third party review of habitat impact assessments and mitigation pians.
On March 8, 2010, the Planning and Community Development Committee reviewed the proposed
amendments and approved forwarding Ordinance No. 6295 (Attachment #1) to the full City Council for
adoption. A proposed City of Auburn Regulatory Floodplain Map as referenced in the proposed
amendments is attached as Attachment #2.
On March 9, 2010, the Federal Emergency Management Agency issued a model ordinance relating to
floodplain management and the Endangered Species Act and associated regional guidance documents
for public review, with a public comment period of March 9, 2010 to April 5, 2010. The FEMA regional
guidance addressing habitat mitigation and hydrologic and hydraulic studies are referenced in the
proposed amendments, copies of which are included as Attachments #3 and #4.
L0315-2
A3.11.12
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
(D Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services
❑ Finance 0 Parks
❑ Human Services [D Planning & CD
❑ Fire 0 Planning
❑ Park Board El Public Works
Z Legal ❑ Police
* Planning Comm. ❑ Other
Z Public Works ❑ Human Resources
Action:
Committee Approval: OYes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman
Staff: Sn der
Meetin Date: March 15, 2010
Item Number: VIII.A.1
AUBURN* MORE THAN YOU 1MAGINED
ORDINANCE NO. 6 2 9 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, RELATING TO
FLOODPLAIN MANAGEMENT REGULATIONS;
ADOPTING REGULATIONS INCORPORATING FEDERAL
HABITAT PROTECTION REQUIREMENTS INTO
EXISTING REGULATIONS, ESTABLISHING
REQUIREMENTS FOR A FLOODPLAIN DEVELOPMENT
PERMIT, UPDATING RELATED PROVISIONS OF LAW,
AND AMENDING CHAPTERS 14.03 AND 15.68, AND
SECTIONS 16.10.010, 16.10.070, 17.04.300, 17.09.050,
AND 17.14.110 OF THE AUBURN CITY CODE, AND
CREATING NEW SECTIONS 17.04.305, 17.04.335 AND
18.70.025 OF THE AUBURN CITY CODE, AND
REPEALING SECTION 17.04.045 OF THE AUBURN CITY
CODE CONNECTED THEREWITH
WHEREAS, the City is required, as a condition of continued eligibility in the
National Flood Insurance Program (NFIP) to adopt floodplain management regulations
that meet the requirements of the federal flood plain management criteria for flood-
prone areas in the Code of Federal Regulations (44CFR 60.3) ; and
WHEREAS, the City currently regulates floodplain management by using a
combination of specific floodplain management regulations, critical area regulations,
shoreline management regulations, and State Environmental Policy Act (SEPA)
regulations; and
WHEREAS, in October, 2008, the City received notice from the Federal
Emergency Management Administration (FEMA) and the National Marine Fisheries
- Service (NMFS) that those agencies had collaborated on a position paper that seeks to
prevent continued degradation of existing floodplain, and to promote low impact
development in floodplain areas of the region that could effect endangered species; and
Ordinance No. 6295
March 10, 2010
Page 1 of 44
WHEREAS, FEMA and NMFS took the position that if a permitting agency, such
as the City of Auburn, grants permits in floodplain areas within its boundaries that are
later determined to adversely impact the floodplains and/or endangered species, the
permitting agency will be liable for the resulting "take" on endangered species; and
WHEREAS, in response to the position taken by the federal agencies, the City
imposed a moratorium on development in floodplains within the City, which moratorium
continues to be in effect; and
WHEREAS, FEMA, in consultation with NMFS, began working on a model
ordinance that, if substantively adopted by local jurisdictions, would allow those
jurisdictions to resume permitting development in the floodplain. The provisions of the
model ordinance are intended to help ensure that impacts on the floodplain and on
habitat were properly evaluated and, if necessary, mitigated; and
WHEREAS, the federal agencies invited several local jurisdictions, including
Auburn, to participate in a focus group during the development of this model ordinance;
and
WHEREAS, although federal agencies incorporated some of the suggestions
from the local jurisdictions, the substantive requirements that the local jurisdictions must
adopt are mandated by the federal agencies and are not subject to modification by the
local jurisdictions.
WHEREAS, the federal agencies must approve the City's incorporation of the
substantive terms of the model ordinance; however, the provisions of model ordinance
provide sufficient guidance to allow the City to resume processing development permits
in the floodplain in compliance with the interim measure required by NMFS; and
Ordinance No. 6295
March.10, 2010
Page 2 of 44
WHEREAS, It is the Council's intention to adopt the below stated regulations as
interim regulations until such time as the federal agencies approve them as permanent
measures, at which time they shall become permanent regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. Chapter 14.03 of the Auburn City
Code be and the same hereby is amended to read as follows:
Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.001 Generally.
14.03.010 Type I decisions.
14.03.020 Type II decisions.
14.03.030 Type III decisions.
14.03.040 Type IV decisions.
14.03.050 Type V decisions.
14.03.060 Legislative nonproject decisions.
14.03.001 Generally.
Project permit decisions are classified into five types, based on whether a
director, the hearing examiner or the city council makes the decision and the process by
which that decision is made. (Ord. 4835 § 1, 1996.)
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not
subject to environmental review under the State Environmental Policy Act (SEPA)
codified at Chapter 43.21C RCW. Type I decisions include, but are not limited to, the
following project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permiY,
D. Utility permit;
E. Special permit;
F. Excavation permit;
G. Land clearing permit; .
H. Grading permit;
' I. Floodplain development sea#rsl-zeae permit;
J. Public facility extension agreement; Ordinance No. 6295
March 10, 2010
Page 3 of 44
K. Right-of-way use permit;
L. Lot line adjustment;
M. Home occupation permit;
N. Temporary use permit (administrative);
0. Administrative use permit;
P. Short subdivision (plat);
Q. Mobile home closure plans. (Ord. 5746 § 2, 2003; Ord. 4835 § 1, 1996.)
14.03.020 Type II decisions.
Type II decisions are administrative decisions made by the city which include
threshold determinations under SEPA. Type II decisions include, but are not limited to,
the following project applications:
A. Building permit;
B. Grading permit;
C. Land clearing permit;
D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat).
G. Floodplain development permit. (Ord. 4835 § 1, 1996.)
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing examiner
following a recommendation by staff. Type III decisions include, but are not limited to,
the following project applications:
A. Temporary use permit;
B. Substantial shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit;
F. Preliminary plat;
G. Conditional use permit;
H. Surface mining permit. (Ord. 6184 § 3, 2008; Ord. 4835 § 1, 1996.)
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following
a recommendation by the hearing examiner. Type IV decisions include, but are not
limited to, the following project applications:
Rezone (site-specific). (Ord. 6184 § 4, 2008; Ord. 4835 § 1, 1996.)
14.03.050 Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council following arecommendation by staff. Type V decisions include, but are not limited to, the following
project applications:
Final plat. (Ord. 6184 § 5, 2008; Ord. 4835 § 1, 1996.)
Ordinance No. 6295
March 10, 2010
Page 4 of 44
14.03.060 Legislative nonproject decisions.
Legislative nonproject decisions made by the city council under its authority to
establish policies and regulations are not classified as a"type" of project permit
decision. Legislative nonproject decisions include, but are not limited to, the following
legislative actions:
A. Amendments to the text and map of the comprehensive plan or
development regulations.
B. Amendments to the zoning map (rezones) on a city-wide or area-wide
basis. (Ord. 4835 § 1, 1996.)
Section 2. Amendment to City Code. Chapter 15,68 of the Auburn City
Code be and the same hereby is amended to read as follows:
Chapter 15.68
FLOOD HAZARD AREAS'
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives
15.68.010 . Reserved.
15.68.020 Fiad+rlgs-ef-#aet- Reserved.
15.68.030 Statement of purpose.
15.68.040 Methods of reducing flood losses.
Article II. Definitions
15468.050 Interpretation of language.
15468.060 Definitions.
Article III. General Provisions
15.68.070 Land to which this chapter applies.
15.68.080 . Reserved.
15.68.090 Penalties for noncompliance.
15.68.100 Abrogation and greater restrictions.
15.68.110 I nterpretation.
15.68.120 Warning and disclaimer of liability.
15.68.125 Appeals.
Article IV. Administration •
' Prior Legislation: Ords. 4214 and 4220.
Ordinance No. 6295
March 10, 2010
Page 5 of 44
15.68.130 Establishment of and requirement to obtain floodplain development
permit.
15.68.135 Floodplain development permit application.
15.68.136 Floodplain development permit exqiration.
15.68.140 Repeale6f- DesiQnation of floodplain administrator.
15.68.141 Duties of the floodplain administrator.
15.68.150 Duties and responsibilities of the sity--eag+neeF public works
department.
15.68.151 Duties and responsibilities of the o
planninq and development department.
Article V. Provisions for Flood Hazard Protection
15.68.160 f8Reral standards-Standards of the
d'wisiea public works department.
15.68.161 6eneral standards Standards of the '
planninp and development department.
15.68.170 Spesi#ie- Additional standards of the '
planninq and development department.
15.68.180 Floodways and communitv acknowledqement of FEMA map
amendments.
15.68.190 Development within areas of special flood hazard.
15.68.200 Compensatory storage equipment.
Article I. Statutor-y , ' , Purpose ac}d-Abjestives
' 15.68.010 RESERVED
T-he f Mh 4-.4 f 1A/ach'nn4r.n hac s#n1e Inw .Jelenn40rl 4h
; 15.68.020 RESERVED Fiad+ngs-effast.
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I II FI • .
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. 6161 § 1, 2008; ' , 1996; Ord. . , .
Ordinance No. 6295
March 10, 2010
Page 6 of 44
15.68.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
A. To protect human life, and-health, and to protect property;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in areas of
special fiood hazard;
F. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
A. Minimize the need for publicly funded and hazardous rescue efforts to
save those who are isolated by flood waters;
B. Minimize expenditure of public money for costly flood damage repair and
flood control projects;
C. Minimize disruption of commerce and governmental services;
D. Minimize damage to pubiic facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located;
E. Maintain a stable tax base by providing for the sound use of floodprone
areas so as to minimize future flood blight areas;
F. Ensure that those who occupy areas subject to flooding and channel
migration assume responsibility for their actions;
G Qualifv the Citv of Auburn for participation in the National Flood Insurance
Proqram thereby qivinq citizens and businesses the opportunitv to purchase flood
insurance;
H Maintain the qualitv of water in rivers streams and lakes and their
floodplains so as to protect public water supplies areas of the Public Trust, and wildlife
habitat protected bv the Endangered Species Act;
I Retain the natural channel shoreline, and floodplain creation processes
and other natural floodplain functions that orotect create and maintain habitat for
threatened and endanqered species.
J Prevent or minimize loss of hvdraulic qeomorphic, and ecoloqical
functions of floodplains and stream channels. (Ord. 6161 § 1, 2008; Ord. 4820 § 1,
1995; Ord. 4357 § 2(1.3), 1989.)
15.68.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and
provisions for:
Ordinance No. 6295
March 10, 2010
Page 7 of 44
A. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
B. ReGuiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may
increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will
_ unnaturally divert floodwaters or which may increase flood hazards in other areas.
F Identifyinq the Requlatory Floodplain the Special Flood Hazard Area, and
the Protected Area and the supportinq technical data needed to delineate those areas.
G. Establishinq a permit requirement so that all human development that maV
affect flood hazards water qualitv and habitat is reviewed before it is constructed.
H. Settinq minimum protection standards for all development to ensure that
the development will not increase the potential for flood damaqe or adverselv affect
natural floodplain functions.
I Settinq minimum standards to protect new and substantiallv improved
structures from flood damaqe.
J Specifvinq additional habitat protection criteria. Some srriall-proiects do
not need a floodplain permit (see ACC 15.68.130B C); whereas other proiects require a
floodplain permit but do not repuire the habitat impact assessment required in this
chapter (see ACC 15.68q 130D) For all other development qroiects the applicant must
assess their impact on those factors that contribute to increased flood hazard and
deqradation of habitat. If the assessment concludes that there witl be an adverse
' impact the permit will be denied unless the proiect is redesiqned to mitiqate th-e
adverse imqacts. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.4),
1989.)
Article II. Definitions
15.68.050 Interpretation of language.
Unless specifically defined in this article, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage and to
give this chapter its most reasonable application. (Ord. 6161 § 1, 2008; Ord. 4820 § 1,
1995; Ord. 4357 § 2(2.0), 1989.)
15.68.060 Definitions.
As used in this chapter:
B. ° 91=__ '~...o„ ae°:,.~__-- on ..F eu Z,,.,o +tiq
, .,~ro.~ -
P
Ordinance No. 6295
March 10, 2010
Page 8 of 44
G. "Are; ef SP re6luTr;wa-:-:aaard"-tlae l,.,d fhe fl,.,,.,.,l.,o.. .;+biRa
neSq.,,,.,ii„ s ah.,.,.,s ....i de6 +he ierrors o„r v
s A. "Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year. Also referred to as the "100-year flood." The
area sublect to the base flood is the Special Flood Hazard Area (SFHA) desiqnated on
Flood Insurance Rate Maps as Zones "A " includinq AE AO AH and A1-99.
B. "Base Flood Elevation" means the elevation of the base flood above the
datum of the effective FIRM.
1. The base flood elevation for the SFHAs of the City shall be as delineated
on the 100 vear flood profiles in the Flood Insurance Study for the Citv.
2. The base fiood elevation for each SFHA delineated as a"Zone AH" or
"Zone AO" shall be that elevation (or depth) delineated on the Flood Insurance Rate
Map. Where base flood depths are not available in Zone AO, the base flood elevation
: shall be considered to be two feet above the hiqhest qrade adiacent to the structure.
~ 3. Where base flood elevation data are not provided on the Flood Insurance
Studv for the CitV base flood elevation data available from a Federal, State, or other
authoritative source shall be used, if available. Where base flood elevation data are not
available from other authoritative sources applicants for approval of new subdivisions
and other proposed developments (includinp proposals for manufactured home parks
and subdivisions) qreater than 50 lots or 5 acres whichever is the lesser, shall include
such data with their permit applications. This data must be approved bv the Floodplain
Administrator.
€C. "BasemenY" means any area of the bu+ldiag -structure having its floor
subgrade (below ground level) on all sides.
D "Channel Migration Area" means the area within the lateral extent of likelv
, stream channel movement due to stream bank destabilization and erosion, raqid stream
incision and shifts in location of stream channels plus 50 feet.
1 The channel miqration area shall be the total area occupied by the River
Channel the Severe Channel Migration Hazard Area and the Moderate Channel
Migration Hazard Area as delineated in the .Green River Channel Migration Studv
published by Kinq County dated December 1993 plus 50 feet.
2 Where more than one channel miqration zone has been delineated, the
floodplain administrator shall use the delineation that has been adoqted for other local
requlatory purposes.
E "Critical Facilitv" means a facility necessary to protect the public health,
safety and welfare durinq a flood. Critical facilities include but are not limited to,
schools nursinq homes hospitals police fire and emerqencV operations installations,
water and wastewater treatment plants electric power stations and installations which
prnriure use or store hazardous materials or hazardous waste (other than consumer
products containinq hazardous substances or hazardous waste intended for household
use .
Ordinance No. 6295
March 10, 2010
Page 9 of 44
F. "DevelopmenY" means any manmade change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment or
; materials,_,-subdivision of land removal of more than 5% of the native veqetation on the
propertY or alteration of natural site characteristics.
G. "Drv Floodproofinq" means anv combination of structural and non
structural measures that prevent flood waters from enterinc7 a structure.
H. "Elevation Certificate" means the official form (FEMA Form 81-31) used to
provide elevation information necessarv to ensure compliance with provisions of this
ordinance and determine the proper flood insurance premium rate.
1. "Equivalent Elevation" means havinq similar relationship to ordinary hiqh
water and to the best available 10-vear, 50-vear and 100-year water surface profiles.
J. "FEMA" means the Federal Emerqency Manaqement Aqencv, the aqencv
responsible for administerinq the National Flood Insurance Proqram.
K. "Fish and Wildlife Habitat Conservation Area" means lands needed to
maintain species in suitable habitats within their natural qeoqraphic distribution so that
isolated subpopulations are not created. These areas are desiqnated bv the Citv
pursuant to the Washinqton State Growth Manaqement Act (WAC 365-190-080).
6L. "Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
kIM. "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
IN. "Flood Insurance Study" means the official report(s) provided by the
Federal Insurance Administration that includes flood profiles, the FloodBeundary -
Fleedway Insurance Rate Map, and the water surface elevation of the base flood.
0. "Flood Protection Elevation (FPE)" means the elevation above the datum
of the effective FIRM to which new and substantiallv improved structures must be
protected from flood damaqe.
dP. "Floodway" means the channel of a fiveF stream or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot. The
floodwav shail be as delineated on the Flood Insurance Rate Map. Where floodway data
are not provided on the Flood Insurance Studv for the CitY floodwav data available from
a Federal State or other authoritative source shall be used if available. Where
floodwav data is not available from another authoritative source applicants for approval
of new subdivisions and other proqosed developments (includinq proposals for
manufactured home parks and subdivisions) qreater than 50 lots or 5 acres, whichever
is the lesser, shall include such data with their permit applications. This data must be
approved bV the Floodqlain Administrator. This provision does not aqply to applications
for permits for small proiects on larqe lots such as constructinq a sinqle famiiv home.
Q. "Historic Structure" means a structure that:
Ordinance No. 6295
March 10, 2010
Page 10 of 44
1. Is listed on the National Reqister of Historic Places the Washinqton
, Heritage Register, or the Washinqton Heritacle Barn Reqister, or has been desiqnated a
landmark or been issued a Certificate of Appropriateness under the City's Historic
Preservation Ordinance.
2. Has been certified to contribute to the historical siqnificance of a
reqistered historic district.
R. "Hvporheic Zone" means a saturated layer of rock or sediment beneath
and/or adiacent to a stream channel that contains some proportion of channel water or
that has been altered bv channel water infiltration.
S. "Impervious Surface" means a hard surface area which causes water to
run off the surface in qreater quantities or at an increased rate of flow from the flow
present under natural conditions prior to development. Common impervious surtaces
include but are not limited to roof tops walkwaVS patios driveways, parkinq lots or
storaqe areas concrete or asphalt pavinq, qravel roads, packed earthen materials, and
oiled macadam or other surFaces which similarly impede the natural infiltration of
stormwater.
KT. "Lowest floor" means the lowest floor of the lowest enclosed area
(including basement) measured at the walking surface of the floor. An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area is not considered a building's lowest
floor; previded; as lonq as that sush-enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of this chapter found in
ACC15.6Q,1o-' 15.68.170A(7).
W. "Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For floodplain
management purposes, the term "manufactured home" also includes park trailers, travel
trailers, and other similar recreational vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar recreational vehicles.
AAV. "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
W "Market value" shall mean the current assessed value as established bV
, the most recent tax roll of the County Assessor in which the propertv is located. An
applicant mav at tbe applicanYs expense provide an appraisal to determine market
value.
X "Native Veqetation" means plant species that are indiqenous to the
communitv's area and that reasonably could be expected to naturallv occur on the site.
Y "Natural Floodplain Functions" means the contribution that a floodplain
makes to support habitat includinq but not limited to providinq flood storaqe and
convevance reducinq flood velocities reducinq sedimentation filterinq nutrients and
impurities from runoff, processinq orqanic wastes, moderatinq temperature fluctuations,
and providinq breedinq and feeding qrounds for aquatic or riparian species.
PJZ. "New construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in this chapter.
Ordinance No. 6295
March 10, 2010
Page 11 of 44
AA. "Protected Area" means the lands that lie within the boundaries of the
floodway, the riparian habitat zone and the channel miqration area. In riverine areas,
where a floodwav has not been desiqnated in accordance with this Chapter, the
Protected Area is comprised of those lands that lie within the boundaries of the riparian
, habitat zone the channel miqration area, and the SFHA.
968. "Recreational vehicle" means a vehicle:
1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreation, camping, travel, or seasonal use.
CC. "Requlatory Floodplain" means the area of the Special Flood Hazard Area
and all Protected Areas within the City of Auburn. It also includes newly desiqnated
Sqecial Flood Hazard Areas and Protected Areas that are delineated pursuant to City
Law.
DD. "Riparian" means of adiacent to or livinq on the bank of a stream, take,
pond sound, or other water bodv.
EE. "Riparian Habitat Zone" means the water bodv and adiacent land areas
that are likelv to suppoR aquatic and riparian habitat as detailed in this chapter. The size '
and location of the riparian habitat zone is dependent on the tvpe of water body. The
riparian habitat zone includes the water body and adiacent lands measured
perpendicularlv from ordinarv hiqh water on both sides of the water bodv:
1 Marine and lake shorelines and Type S streams that are desiqnated
"shorelines of the State:" 250 feet.
2 Tvpe F streams (fish bearinq) streams greater than 5 feet wide and marine
shorelines: 200 feet.
3 Tvpe F streams less than 5 feet wide and lakes: 150 feet.
4 TvPe N(nonsalmonid-bearinq) perenniai and seasonal streams with
unstable slopes: 225 feet.
5 All other Tvpe N(nonsalmonid-bearinq) perennial and seasonal streams:
150 feet.
In addition the riparian habitat mav zone include additional land areas that the
Floodplain Administrator determines are likely to support aquatic and riparian habitat.
FF "Special Flood Hazard Area (SFHA)" means the land subiect to inundation
by the base flood. Special Flood Hazard Areas are identified bv the Federal Emerqencv
Manaqement Aqency in the scientific and enqineerinq reports entitled "Flood Insurance
Studv for Kinq County Washinqton and Incorporated Areas" dated May 16 1995 and
any revisions thereto and "Flood Insurance Studv for Pierce Countv Washinqton and
Unincorporated Areas" dated Auqust 19 1987 and anv revisions thereto and
desiqnated on associated Flood Insurance Rate Maps with the letters "A" includinq AE
. AO, AH A1-99.
PGG. "Start of construction" includes substantial improvement, and means the
dat, «ti h,.;!,±•..g p,.,... t , :ssue~++ • ^ rr^.,i~+~~+ +he actual start of construction, repair,
'
Ordinance No. 6295
March 10, 2010 Page 12 of 44
reconstruction, addition, placement or other improvement
Ne,.,,.t date that occurred before the permiYs expiration date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundation or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement the actual start of construction means
the first alteration of anV wall ceilinq floor, or other structural part of a buildinq, whether
or not that alteration affects the external dimensions of the buildinq.
~ 4HH. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
II. "Substantial Damaqe: means damage of anY oripin sustained by a
structure wherebY the cost of restorinq the structure to its before damaqed condition
would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
RJJ. "Substantial improvemenY" or "substantially improved" means any repair,
reconstruction, addition replacement or improvement of a structure, the cost of which
equals or exceeds 50 percent of the assessed market value of such structure
rr
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damaQe-oGGUFFed.-Fo.-t;;e--puFpases ef this definitien, 's hc#on4'aI 'mnrnvcmcn4"
the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damaqe " repardless of the actual
repair work done.
The term does not, however, include either:
1. Any project for improvement of a structure to semp4y-with correct existing
violations of state or local health, sanitary, or safety code specifications whieh are-seleEy
that have been identified bv the local code enforcement official and that are the
minimum necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
SKK. "Variance" means a grant of relief from the requirements of this chapter
which permits construction in a.manner that would otherwise be prohibited by this
chapter.
LL "Water Tvqinq" means a system for classifyinp water bodies accordinq to
their size and fish habitat characteristics. The Washington Department of Natural
Ordinance No. 6295
March 10, 2010
Page 13 of 44
Resources' Forest Practices Water Typinq classification svstem is herby adopted bv
reference. The svstem defines four water tvpes:
1. Tvpe "S" = Shoreline: Streams that are desiqnated "shorelines of the
State " includinq marine shorelines
2. Type "F" = Fish: Streams that are known to be used by fish or meet the
physical criteria to be potentially used bv fish.
3. Tvqe "Np" = Non-Fish Perennial streams
4. Tvpe "Ns" = Non-Fish Seasonal streams
MM. "Zone" means one or more areas delineated on the FIRM. The followinq
zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised
of the A Zone.
(a) A: SFHA where no base flood elevation is provided.
(b) A#: numbered A Zones (e.q. A7 or A14) SFHA with a base flood
elevation.
(c) AE: SFHA with a base flood elevation.
(d) AO: SFHA subiect to inundation by shallow floodinq usually resultinq from
sheet flow on slopinq terrain with averaqe depths between one and three feet. Aver-
ac7e flood depths are shown.
(e) AH: SFHA subiect to inundation bv shallow floodinq (usually areas of
ponding) with averaqe depths between one and three feet. Base flood elevations are
shown.
(f) B the area between the SFHA and the 500-vear flood of the primary
source of floodinq. it may also be an area with a local shailow floodinq problem or an
area protected bv a levee.
(q) C: an area of minimal flood hazard as above the 500-vear flood level of
the primary source of floodinq. B and C Zones may have floodinq that does not meet
the criteria to be mapped as a Special Flood Hazard Area esqeciallv pondinq and Iocal
drainape problems.
(h) D area of undetermined but possibie flood hazard.
(i) X: the area outside the mapped SFHA.
Shaded X: the same as a Zone B, above. (Ord. 6161 § 1, 2008; Ord.
4820 § 1, 1995; Ord. 4357 § 2(2.1 - 2.17), 1989.)
Article III. General Provisions
15.68.070 Land to which this chapter applies.
This chapter shall apply to the Regulatorv Floodqlain
hazards within the jurisdiction of the city. (See Ex"•b•+ " a"^^"°d 'h° ^Fd
(J'f' rl ' 4h' L.-. 4 rl ' r..ierl L.ere'.. h.. reFerenn , the
z-ene-Citv of Auburn Requlatorv Floodplain Map on file in the Office of the citv Clerk).
(Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.)
15.68.080 Reserved.
Ordinance No. 6295
March 10, 2010
Page 14 of 44
~1562450/R1 `I,-.II h_ 4he bas's for ron Ia4inn m4'I CIDM ico ~cc o!1 4ho#
15.68.090 Penalties for noncompliance.
No $t 4 e Ia..d sh.,ll hereafler L.e n nc4rwGierd innnlerl ev40nrler! _...or+oll
or alteFed-development shall be undertaken without full compliance with the terms of
this chapter and other applicable regulations. Violation of the provisions of this chapter
by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall be enforced pursuant to the
provisions of Chapter 1.25 ACC. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4502
§ 20, 1991; Ord. 4357 § 2(3.3), 1989.)
15.68.100 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail. (Ord. 6161 § 1, 2008; Ord. 4820 §
1, 1995; Ord. 4357 § 2(3.4), 1989.)
15.68.110 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberaliy construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
D Maps referred to in this Chapter are for reference onlv unless sqecified if
the map does not specificallv indicate that it is the primarv source of requlation the text
of the applicable Code section shall control over anv contrarV information qrovide on a
rnap. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(15), 1989.)
15.68.120 Warning and disclaimer of liability.
The degree of €leed-propertv and habitat protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods and movement of channels outside of
mapped channel miqration areas can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes. This chapter does not imply that land
outside the areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This chapter does not impiv that land outside the
regulated areas or development permitted within such areas will be free from flood or
Ordinance No. 6295
March 10, 2010
Page 15 of 44
erosion damaqe. This chapter shall not create liability on the part of the city, any officer
or employee thereof, ^r +tio F.„+,,.al l..s e nA,,, ..•6+ra+,,.,, for any #leed damages to
, propertv or habitat that results from reliance on this chapter or any administrative
decision lawfully made thereunder. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord.
4357 § 2(3.6), 1989.)
15.68.125 Appeals.
A. The Hearinq Examiner shall hear and decide appeals and requests for
variances from the requirements of this chapter.
B. The Hearinq Examiner shall hear and decide appeals when it is alleqed
there is an error in any requirement decision or determination made bv the floodplain
administrator in the enforcement or administration of this chapter.
C. Those aqqrieved by the decision of the Hearinq Examiner mav appeal
such decision to the Superior Court.
D. Upon consideration of the factors of this Chapter and the purposes of this
chapter, the Hearinq Examiner may attach such conditions to the qrantinq of variances
as it deems necessaN to further the purposes of this chapter.
Article IV. Administration
15.68.130 Establishment of and requirement to obtain floodplain development permit.
A. A Floodplain development permit shall be obtained before construction or
development begins within the Requlatorv Floodplain
15.68.080. The permit shall be for all StFUGtUFes
rqanufaGtUred , development
15.68.060 as defined in this
chapter.
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B A development prolect is not subject to the requirements of this chapter if
it is located on land that can be shown to be
1. Outside the Protected Area and
2 Hiqher than the base flood elevation.
Ordinance No. 6295
March 10, 2010
Page 16 of 44
The fioodplain administrator shall inform the applicant that the proiect mav still be
subiect to the flood insurance purchase requirements uniess the owner receives a
Letter of Map Amendment from FEMA.
C. Non-Development Activities. Activities that do not meet the definition of
"developmenY" in this chapter are allowed in the Requlatory Floodpiain without the need
for a floodplain development permit under this chapter, provided all other Federal, State,
and local repuirements are met. The followinq are examples of activities not considered
development or "man-made chanqes to improved or unimproved real estate."
1. Routine maintenance of landscapinp that does not involve qradinq,
excavation, or fillinq;
2 Removal of noxious weeds and hazard trees and reqlacement of non-
native veqetation with native veqetation;
3 Normal maintenance of structures such as re-roofinq and replacinq
sidinq as lonq as such work does not qualifv as a substantial improvement;
4. Normal maintenance of above qround public utilities and facilities, such as
replacinq downed power iines;
5 Normal street and road maintenance includinq fillinq potholes, repavinq,
and installing siqns and traffic siqnals but not includinq expansion of paved areas.
6 Normal maintenance of a levee or other flood control facility prescribed in
the operations and maintenance plan for the levee or fiood control facilitv; and
7 Plowinq and other normal farm practices (other than structures or fillinq)
on farms in existence as of the effective date of this ordinance.
D Activities Allowed With a Floodplain Permit. The followinq activities are
allowed in the Requlatorv Floodplain without the analysis required in Section
15 68 160C or the habitat impact assessment required under ACC 15.68.130K,
providinq all other requirements of this ordinance are met includinq obtaininq a
floodplain development permit:
1 Repairs or remodelinq of an existinq structure provided that the repairs or
remodelinq are not a substantial improvement or a repair of substantial damaqe.
Provided further, that no habitat impact assessment shall be required if the repair or
remodel does not expand the existinq buildinq envelope.
2 Expansion of an existinq structure that is no qreater than ten percent
bevond its existinq footprint provided that the reqairs or remodelinq are not a
substantial improvement or a repair of substantial damaqe. This measurement is
counted cumulatively from the effective date of this ordinance. If the structure is in the
floodway there shall be no chanqe in the dimensions perpendicular to flow.
3 Activities with the sole purpose of creatinq restorinq or enhancinq natural
functions associated with floodplains streams lakes estuaries marine areas, habitat,
and riparian areas that meet Federal and State standards provided the activities do not
include structures qradinq fill or impervious surfaces.
4 Development of open sqace and recreational facilities such as parks
trails and huntinq qrounds that do not include structures qrading fill impervious
surfaces or removal of more than 5% of the native veqetation on the propertv.
E. Other Activities
Ordinance No. 6295
March 10, 2010
Page 17 of 44
All other activities not listed in 15.68.130C or D are allowed, as lonq as thev meet
ali the other requirements of this ordinance includinq the analysis required in Section
15.68.160 and the habitat impact assessment and any mitiqation repuired under Section
15.68.135K and Section 16.58.135L and a floodqlain development permit is issued.
. , 1986. (Ord.
6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.)
15.68.135 Floodplain Development Permit Application.
Application for a floodqlain development permit shall be made on forms furnished
by the floodplain administrator and shall include but not be limited to,
A. One or more site plans, drawn to scale, showinp:
1. The nature, location dimensions and elevations of the propertv in
question,
2. Names and location of all lakes, water bodies, waterwavs and drainaqe
facilities within 300 feet of the site,
3. The elevations of the 10- 50- 100- and 500-vear floods, where the data
are available. Additionallv for propertv located within the SFHA base flood elevations
for shall be induded as required in ACC 15.68.060.B.3
4. The boundaries of the Requlatorv Floodplain SFHA floodwav, riparian
habitat zone and channel miqration area delineated in accordance with this chapter,
5. The proposed drainaqe svstem includinq but not Iimited to storm sewers,
overland flow qaths detention facilities and roads,
6. Existinq and proposed structures fill pavement and other imqervious
surfaces and sites for storaqe of materials
7. All wetlands,
8. Desiqnated fish and wildlife habitat conservation areas, and
9 Existinq native veqetation and proposed reveqetation (see ACC
15.68.161 D).
B if the proposed proiect involves reqradinq excavation, or fillinq, the site
plan shall include proposed post-development terrain at one foot contour intervals
C If the proposed project includes a new structure substantial improvement, or
repairs to a substantially damacaed structure that will be elevated the application shall
include the FPE for the buildinq site and the proposed elevations of the followinq:
1 The top of bottom floor (includinq basement crawlsqace or enclosure
floor
2. The top of the next hiqher floor
3. The top of the slab of an attached qarape
4 The lowest elevation of machinerv or equipment servicinq the structure
5 The lowest adiacent (finished) qrade next to structure
6 The hiqhest adiacent (finished) qrade next to structure
7 The lowest adiacent qrade at the lowest elevation of a deck or stairs,
includinp structural support
D If the proposed qrolect includes a new structure substantial improvement,
or repairs to a substantiailv damaqed nonresidential structure that will be drv
Ordinance No. 6295
March 10, 2010
Page 18 of 44
fioodproofed the application shall include the FPE for the buildinq site and the elevation
in relation to the datum of the effective FIRM to which the structure will be drv
floodproofed and a certification bv a reqistered professional enqineer or licensed
architect that the drv floodproofinq methods meet the floodproofing criteria in this
chapter.
E. The application shall include a description of the extent to which a stream,
lake or other water bodv includinq its shoreline will be altered or relocated as a result
of the proposed development.
F. The application shall include documentation that the applicant has applied
for all necessary permits required by Federal, State, or local law. The application shall
include acknowledgment that the applicant understands that the final certificate of
occupancv will be issued oniv if the applicant has received the required Federal, State,
and local permits.
G. The application shall include acknowledqment bv the applicant that
representatives of anv Federai, State or local unit of qovernment with requlatory
authoritv over the proiect are authorized to enter upon the propertv to inspect the
development.
H. If the project includes subdivision. of land the application shall include
acknowledqment that the applicant understands that the final certificate of occupancy
will be issued only if the applicant has filed a Notice to Title recordinq the fact that part
of the property is in the SFHA riparian habitat zone and/or channel miqration area, as
appropriate.
1. The riparian habitat zone shall be delineated on the site plan by the
applicant at the time of appiication for sub-division approval or floodplain development
permit for all development proposals within 300 feet of anv stream or shoreline.
J. If the proiect is located in the Requlatory Floodplain and includes activities
not listed in ACC 15.68130C and D the application shall include a Habitat Impact
Assessment. If that Assessment determines that impacts would result from the proiect,
the application shall also include a Habitat Mitiqation Plan.
K. Habitat Impact Assessment
Unless allowed under ACC 15.68.130C or D an application to develop in the
Requlatory Floodplain shall include an assessment of the impact of the proiect on water
quality and aquatic and riparian habitat. The assessment shall be either:
1 A Bioloqical Evaluation or Bioloqical Assessment that has received
concurrence from the US Fish and Wildlife Service or the National Marine Fisheries
Service pursuant to the Endanqered Species Act; or
2. An assessment preqared in accordance with Reqional Guidance on
Floodplain Habitat Assessment and Mitiqation FEMA Repion X, 2010. The assessment
shall determine if the proiect would adversely impact:
(a) The primary constituent elements identified when a species is listed as
threatened orendanqered,
(b) Essential Fish Habitat desiqnated bv the National Marine Fisheries
Service
(c) Fish and wildlife habitat conservation areas,
(d) Veqetation communities and habitat structures,
Ordinance No. 6295
March 10, 2010
Page 19 of 44
(e) Water pualitv,
(f) Water quantity includinq flood and low flow depths, volumes and
velocities,
(q) The channel's natural meanderinq pattern,
(h) Spawning substrate if appficable and/or
(i) Floodplain refuqia, if applicable.
L. Habitat Mitiqation Plan
1. If the assessment conducted under ACC 15.68.135K concludes the
proiect is expected to have an adverse impact on water qualitv and/or aquatic or
riparian habitat or habitat functions the applicant shall provide a plan to mitipate those
impacts in accordance with Reqional Guidance on Floodpiain Habitat Assessment and
Mitiqation FEMA Reqion X, 2010.
(a) If the proiect is located outside the Protected Area the mitiqation plan
shall include such avoidance minimization restoration or compensation measures as
are appropriate for the situation.
(b) If the proiect is located in the Protected Area the mitiqation plan shall
include such avoidance restoration or compensation measures as are needed to
ensure that there is no net loss of habitat function due to the proiect. Minimization
measures are not allowed in the Protected Area unless they, in combination with other
measures result in no net loss of habitat function.
2. The plan's habitat mitigation activities shall be incorporated into the
proposed proiect. The floodplain development permit shall be based on the redesiqned
project and its mitiqation components.
M. Third-Party Review.
For the habitat impact assessment required in ACC 15.68.135(K) or the habitat
mitiqation plan required in ACC 15.68.135 (L) the Citv may require third-party review
when the professional opinions of the applicant's representative and the Citv's reviewers
cannot be reconciled Third-partv review requires the applicanYs habitat impact
assessment habitat mitiqation plan andtor additional technical studies to be reviewed
by an independent third party paid for bv the applicant but hired by the City. Third-partv
review shall be conducted bv a qualified consultant as defined in the Floodqlain Habitat
Assessment and Mitiqation Rec7ional Guidance. FEMA Reqion X, 2010.
15.68.136 Floodplain Development Permit Expiration.
If there has been no start of construction a floodplain development permit shall
expire 180 davs after the date of issuance. Where the applicant documents a need for
an extension bevond this period due to conditions beyond the applicanYs control the
floodplain administrator mav authorize one or more extensions.
15 68.140 Desiqnation of the Floodplain Administrator.2
NOTE: The City Code Section 15.68.140, entiNed Designation of the city of Aubum engineering division, was
repealed by Ord. 6161. (See also Ord. 4820 § I, 1995; Ord. 4357 § 2(4.2), 1989J
Ordinance No. 6295
March 10, 2010
Page 20 of 44
The Director of the planninq and development department, or the Director's
desipnee is hereby appointed to administer and implement this Chaqter bv qrantinq or
denyinq floodplain development permit applications in accordance with its provisions.
~ 15.68.141 Duties of the Floodplain Administrator.
Duties of the floodpiain administrator shall include but not be limited to:
A. Review all floodplain development permits to determine that the qermit
requirements of this ordinance have been satisfied.
B. Review all floodplain development permits to determine that all necessary
permits have been obtained from those Federal State or local governmental apencies
from which prior approval is required includinq those local, State or Federal permits that
mav be required to assure compliance with the Endanqered Species Act and/or other
appropriate State or Federal Iaws.
C. Review all floodplain development permits to determine if the proposed
development is located in the Protected Area. If located in the Protected Area, ensure
that the applicable provisions of this chaqter are met.
D. Ensure that all development activities within the Requlatory Floodplain of
the City meet the requirements of this ordinance.
E. Inspect all development proiects before durinq and after construction to
ensure compiiance with all provisions of this ordinance includinq proper elevation of the
structure.
F. Maintain for public insqection all records pertaininq to the provisions of this
chapter.
G Submit reports as required for the National Flood Insurance Propram.
H. Notify FEMA of any proposed amendments to this ordinance.
I Cooperate with State and Federal aqencies to improve flood and other technical data and notifv FEMA of anv new data that would revise the FIRM.
J Make interpretations where needed as to the exact location of the
boundaries of the Requlatorv Floodpiain the SFHA and the Protected Area (e.q., where
there appears to be a conflict between the mapqed SFHA boundary and actual field
conditions as determined by the base flood elevation and qround elevations).
15.68.150 Duties and responsibilities of the Git=;-°^s:,^.ee public works department.
~-~^g:r.eer-public works department regarding flood hazard areas
Duties of the °
shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements
of this chapter have been satisfied;
2. Review all development permits to determine that all necessary permits
have been obtained from those federal, state or local governmental agencies from
which prior approval is required;
3. Review all development permits to determine if the proposed development
is located in the floodway. If located in the fioodway, assure that the encroachrrient
provisions of ACC 15.68160C are met.
Ordinance No. 6295
March 10, 2010
Page 21 of 44
B. Use of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with ACC 15.68.M060B, the city engineer shall obtain,
review, and reasonably utilize any base flood elevation and floodway data available
from a federal, state or other sources in order to administer AGG .
156FI I R&this chapter.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data has not othenvise been +s-provided
in accordance with this chapterRSG
15.68.159B, obtain and record the actual elevation (in relation to mean sea level) of the
lowest habitable floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement; This information shall
be recorded on a current FEMA Elevation Certificate (FEMA Form 81-31), siqned and
sealed bV a professional land survevor, currentlv licensed in the State of Washinqton.
2. For all new or substantially improved floodproofed structures:
~a-~ Verify and record the actual elevation (in relation to mean sea level), and
jb-I Maintain the floodproofing certifications required in AGG
this chapter.
3. Maintain for public inspection all records pertaining to the provisions of this
chapter. This information shall be recorded on a current FEMA Floodqroofinq Certificate
(FEMA Form 81-65) professional enqineer, currentiv iicensed in the State of
Washinqton.
D. Alteration of Watercourses.
1. Notify adjacent communities and the Department of Ecology prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
2. Require that maintenance is provided within the aitered or relocated
portion of said watercourse so that the flood-carrying capacity is not diminished. If the
maintenance proqram does not call for cuttinq of native veqetation, the svstem shall be
oversized at the time of construction to compensate for said vepetation qrowth or anv
other natural factor that may need future maintenance.
E. Interpretation of FIRM Boundaries. Make interpretations where needed as
to exact location of the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation.
F. Appeals of determinations made pursuant to this chapter shall be filed with
the city's public works director within 20 working days after the final city engineer
decision is issued. The public works director shall have 15 working days to review the
appeal, determine whether to uphold of modify the city engineer's decision, and notify
the applicant of such determination. The decision of the public works director shall be
final. The city engineer's and director's decision shall be granted consistent with the
standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance
Program (44 CFR 59-76). (Ord. 6182 § 4, 2008; Ord. 6161 § 1, 2008; Ord. 4820 § 1,
1995; Ord. 4357 § 2(4.3), 1989.)
Ordinance No. 6295
March 10, 2010
Page 22 of 44
15.68.151 Duties and responsibilities of the planninq
and development department.
Duties of the planning and development deqartment shall
include, but not be limited to:
A. Permit Review.
1. Review all building-related development permits to determine that the
permit requirements of this chapter have been satisfied including building, addition and
alteration permits;
2. Review all building-related development permits to determine that all
necessary permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required; and
3. Review all building-related projects to determine that the procedures for
building projects within a special flood hazard area have been applied.
B. Informatiori to be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance
Study or required as in ACC 15.68.150(B) obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or
substantialiy improved structures, and whether or not the structure contains a
basement;
2. For all new or substantially improved floodproofed structures:
Ja.-Z Verify and record the actual elevation (in relation to mean sea level); and
jb-1 Maintain the floodproofing certifications required in AGG . this
chapter;
3. Maintain for public inspection all building-related records pertaining to the
provisions of this chapter. (Ord. 6161 § 1, 2008.)
Article V. Provisions for Flood Hazard Protection
15.68.160 G°^°Fv! °!a^daFStandards of the '
public works department.
A. Utilities.
1. Ail new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
2. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from the
systems into floodwaters.
3. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
4. All new streets shall be designed to ensure the lowest finished surface
elevation is a minimum of one foot higher than the adjacent 100-year flood elevation.
5 All new development shall be designed and located to minimize the impact
on flood flows flood storaqe water qualitv, and habitat.
(a) Stormwater and drainaqe features shali incorporate low impact
development techniques that mimic pre-development hVdroloqic conditions, such as
Ordinance No. 6295
March 10, 2010
Page 23 of 44
stormwater infiltration, rain qardens qrass swales, filter strips, disconnected impervious
areas permeable pavement and veqetative roof svstems.
(b). If the proposed proiect will create new impervious surfaces so that more
than 10 percent of the portion of the lot in the Requlatorv Floodplain is covered by
impervious surface the applicant shall demonstrate that there will be no net increase in
the rate and volume of the stormwater surface runoff that leaves the site.
6. The site plan required in this chapter shall account for surface drainaqe to
ensure that:
(a). Existinq and new buildinqs on the site wili be protected from stormwater
runoff and
(b). The proiect will not divert or increase surface water runoff onto
neiqhborinq properties. '
7. Utilities
(a) All new and replacement water supplv systems shall be desiqned to
minimize or eliminate infiltration of flood waters into the svstems;
(b) Water wells shali be located outside the floodwav and shall be protected
to the FPE;
(c) New and replacement sanitary sewaqe svstems shall be desiqned to
minimize or eliminate infiltration of flood waters into the svstems and discharqes from
the svstems into flood waters;
(d) Onsite waste disposal svstems shall be located to avoid impairment to
them or contamination from them durinq floodinq. A habitat impact assessment shall be
conducted in accordance with ACC 15.68.135K as a condition of approval of an onsite
waste disposal sYStem to be located in the Requlatory Floodplain.
B. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize
flood damage. ~
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize flood
damage.
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
#
C. Floodway Standards
1. In addition to the other requirements of this ordinance, a proiect to develop
in the floodwav as delineated pursuant to this Chapter shall meet the followinq criteria:
(a) The applicant shall provide a certification by a reqistered professional
enqineer demonstratinq throuqh hydroloqic and hydraulic analvses performed in
accordance with standard enqineerinq practice that the proposed development would
not result in any increase in flood levels durinq the occurrence of the base flood
discharqe.
Ordinance No. 6295
March 10, 2010
Page 24 of 44
(b) Construction or reconstruction of residential structures is prohibited within
desiqnated floodwavs except for the followinq. The followinq exceptions must still meet
all other requirements in the ordinance.
(i) Repairs reconstruction, or imqrovements to a residential structure which
do not increase the qround floor area providinq the cost of which does not exceed 50
percent of the market value of the structure either. (a) before the repair, or
reconstruction is started, or (b) if the structure has been damaqed, and is beinq
restored before the damaqe occurred. AnV prolect for improvement of a structure to
correct existinq violations of State or local health sanitaryor safetv code specifications
which have been identified bV a local code enforcement ofFicial and which are the
minimum necessarv to assure safe livinq conditions, or to an historic structure, may be
excluded from the 50 percent calculations.
(ii) Repairs replacement reconstruction or improvements to existinq
farmhouses located in desiqnated floodwavs and located on desiqnated aqricultural
lands that do not increase the buildinq's total square footaqe of encroachment and are
consistent with all requirements of WAC 173-.158-075.
(iii) Repairs replacement reconstruction or improvements to substantially
damaqed residential dwellinqs other than farmhouses that do not increase the buildinp's
total spuare footaqe of encroachment and are consistent with all repuirements of WAC
173-158-076;or
(iv) Repairs reconstruction or improvements to residential structures
identified as historic structures that do not increase the buildinq's dimensions.
2. In riverine Special Flood Hazard Areas where a floodway has not been
delineated pursuant to this chapter, the applicant for a project to develop in the SFHA
shall provide a certification bv a reqistered professional enqineer demonstratinq throuqh
hydrologic and hvdraulic analvses performed in accordance with standard enqineerinq
practice that the proposed development and all other past or future similar
developments would not cumulativelv result in an increase of flood levels durinq the
occurrence of the base flood discharqe bv more than one foot. (Ord. 6161 § 1, 2008;
Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.1), 1989.)
15.68.161 G°^°Fa' °'^^d^FStandards of the ' •
planninp and develoqment department.
In all areas of special flood hazard the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This requirement is in addition to other
anchorinq requirements for resistinq wind forces. (Reference FEMA's "Manufactured
Home Installation in Flood Hazard Areas" guidebook for additional techniques.)
B. Construction Materials and Methods.
Ordinance No. 6295
March 10, 2010
Page 25 of 44
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or located so as
to prevent water from entering or accumulating within the components during conditions
of flooding.
C. Review of Building Permits. Where elevation data is not available either
through the Flood Insurance Study or from another authoritative source H4SS
applications for building, permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical data, high water marks, photographs
of past flooding, etc., where available. Failure to elevate at least.two feet above grade in '
these zones may result in higher insurance rates.
D. Native Veqetation
The site plan required for development in the requlatorv floodpiain shall show
existinq native vegetation.
1. In the riparian habitat zone native veqetation shall be left undisturbed,
except if in connection with an activitv allowed in the Requlatorv Floodplain without a
permit and except for activities with the sole purpose of creatinq, restorinq or enhancinq
natural functions associated with floodplains streams lakes estuaries, marine areas,
habitat and riparian areas that meet Federal and State standards. provided the
activities do not include structures radin fill, or im ervious surfaces.
2 Outside the riparian habitat zone removal of native veqetation shall not
exceed 35 qercent of the surface area of the portion of the site in the Requlatory
Floodplain Native veqetation in the riparian habitat zone portion of the propertV can be
counted toward this requirement.
3 If the proposed proiect does not meet the criteria of this chapter, a habitat
impact assessment shall be conducted pursuant to ACC 15.68.135K and if indicated bv
that assessment a habitat mitiqation plan shall be prepared and implemented pursuant
to ACC 15.68.135L. (Ord. 6161 § 1, 2008.)
15.68.170 Spesi#iG -additional standards of the
planninq and deveiopment deqartment.
In all areas of special flood hazard where base flood elevation data is proVided
as set forth in AGG . . this chapter, the following provisions are
required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more above base
flood elevation. Enclosed crawl space areas no taller than three feet, measured from the
lowest ground within the crawl space to the bottom of the structural system directly
supporting the floor slab or sheathing above, shall not be considered as a basement.
Ordinance No. 6295
March 10, 2010
Page 26 of 44 .
2. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic and hydrodynamic
flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
Ja-1 A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided;
~b-J The bottom of all openings shall be no higher than one foot above grade;
~c-.J Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters,
3. The structure shall be aliqned qarallel with the direction of flood flows.
4. The structure shail be anchored to prevent flotation, collapse, or lateral
movement of the structure.
5. All materials below the FPE shall be resistant to flood damaqe and firmiv
anchored to prevent flotation. Materials harmful to aquatic wildlife, such as creosote, are
prohibited below the FPE.
6. Electrical heatinq ventilation duct work, plumbincl, and air-conditioninp
equipment and other service facilities shall be elevated above the FPE. Water, sewaqe,
electrical and other utility lines below the FPE shall be constructed so as to prevent
water from enterinq or accumulatinq within them durinq conditions of floodinq.
7 Fuliv enclosed areas below the lowest floor that are subiect to floodinq are
prohibited Provided that those areas mav be used only for parking storaqe or buildinq
access and onlv if thev are desiqned to automaticallv equalize hvdrostatic flood foroes
on exterior walis by allowinq for the entrv and exit of floodwaters. Desiqns for meetinq
this requirement shall either be certified bv a reqistered professional enqineer or
licensed architect or meet or exceed the followinq minimum criteria:
a A minimum of two openinqs havinq a total net area of not less than one
square inch for every square foot of enclosed area subject to floodinq shall be provided.
b The bottom of all openinqs shall be no hiqher than one foot above qrade.
c Openinqs may be equipped with screens louvers or other coverinqs or
devices provided that they permit the automatic entrv and exit of floodwaters.
B. Nonresidential Construction. New construction and substantial
improvement to any commercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated one foot or more above the level of
the base fiood elevation„ ef-,As an alternative to elevation a new or substantial
improvement to a nonresidential structure and its +^^°'~~~heF woth~attendant utility and
sanitary facilities, mav be dry floodproofed in A Zones. The proiect shall meet the
following requirements:
1. Be floodproofed so that below one foot above the base flood level the structure ,
is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by a registered professional engineer or a registered
professional architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of this subsection based on
Ordinance No. 6295
March 10, 2010
Page 27 of 44
their development and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in ACC 15.68.150(C)(2);
4. Nonresidential structures that are elevated, not floodproofed, must meet
the same standards for space below the lowest floor as described in subsection (A)(2)
of this section;
5. Applicants floodproofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g., a building constructed to one foot above the, base flood level
will be rated as one foot below that level).
C. Manufactured Homes. All manufactured homes to be placed or
substantially improved within zones A1-30, AH, and AE shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is one foot
or more above the base flood elevation and be securely anchored to an adequately
anchored foundation system.
D. Recreational Vehicles. Recreational vehicles placed on sites are required
to either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use, on wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Meet the requirements of subsection C of this section and the elevation
and anchoring requirements for manufactured homes.
E. Hazardous Materials. No new development shall create a threat to public
health public safety, or water quality. Ghemicals explosives qasoline propane,
buovant materials animal wastes fertilizers flammable lipuids pollutants or other
rnaterials that are hazardous toxic or a threat to water qualitv are prohibited from the
Requlatorv Floodplain. This prohibition does not apply to small quantities of these
materials kept for normal household use or to materials kept in approved containers
above the FPE or in a dN fioodproofed non-residentiai buildinq.
F Small Structures. A low cost buildinq such as a detached qaraqe,
boathouse pole barn or storaqe shed that is no larqer than 500 square feet and is not used for human habitation mav be exempt from the elevation requirement of this
chapter, provided:
1. It is used only for parkinq or storaqe;
' 2 It is constructed and placed on the buildinq site so as to offer minimum
resistance to the flow of floodwaters;
3 It is anchored to prevent flotation which mav result in damaqe to other
structures;
4 All portions of the structure below the FPE must be constructed of flood-
resistant materials;
5. Service utilities such as electrical and heatinq equipment meet the
standards of this chapter;
6 It has openinqs to allow free flowaqe of water that meet the criteria of this
chapter;
7. The proiect meets all the other requirements of this chapter.
Ordinance No. 6295
March 10, 2010
Page 28 of 44
G. Location of structures. Structures and other develoqment shall be located
to avoid flood damaqe.
1. If a lot has a buildable site out of the Requlatory Floodplain, all new
structures shall be located in that area.
2. If a lot does not have a buildable site out of the RegulatoN Floodplain, all
' new structures pavement and other development must be sited in the location that has
the least impact on habitat by locatinq the structures as far from the water bodv as
possible or placinq the structures on the hiphest land on the lot.
H. Critical Facilities.
1. Construction of new critical facilities shall be, to the extent possible,
located outside the limits of the Requlatorv Floodplain.
2 Construction of new critical facilities shall be permissible if no feasible
alternative site is available, qrovided
(a) Critical facilities shall have the lowest floor elevated three feet above the
base flood elevation or to the heiqht of the 500-year flood whichever is hipher. If there
is no available data on the 500-vear flood the permit aqplicants shall develop the
needed data in accordance with FEMA mappinq quideiines.
(b) Access to and from the critical facilitV shall be protected to the elevation of
the 500-year flood. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.2),
1989.)
15.68.180 FmiaGdways Community Acknowledgement of FEMA Map
Amendments.
A PFohobot ,
~
i ,
s , ,
sa#
persent;
Ordinance No. 6295
March 10, 2010
Page 29 of 44
S. I# sabsestOor~^^,-A-a' t';:s sesE^,o^os satis#+ed, all aewGGRstF61Gtia;--aRd
B-Notwithstanding any other provision of this chapter, the city may permit
encroachments within the adopted regulatory floodway upon receipt of approval of the
Federal Insurance Administrator and completion of the conditions of this section.
1. Prior to a developer being authorized to encroach upon the adopted
regulatory floodway to an extent which will cause base flood elevation increases in
excess of those permitted in subsection A of this section, the developer shall provide,
for city review and submission to the Federal Insurance Administrator, the following:
a. A request for conditional approval of map change and the appropriate
initial fee as specified by Section 72.3 of 44 CFR Ch. I Federal Emergency
Management Agency or a request for exemption from fees as specified by Section 72.5
of 44 CFR Ch. I Federal Emergency Management Agency. Sections 72.3 and 72.5 of 44
CFR Ch. I Federal Emergency Management Agency are herein adopted by reference in
their entirety including any future amendments thereto;
b. An evaluation of alternatives which would not result in a base flood
elevation increase above that permitted under subsection A of this section
demonstrating why these alternatives are not feasible;
c. Documentation of individual legal notice to all impacted property owners
within and outside of the community, explaining the impact of the proposed action on
their property;
d. Written concurrence of the chief executive officer of any other
communities impacted by the proposed actions;
e. Written certification that no structures are located in areas which would be
impacted by the increased base flood elevation;
f. A request for revision of base flood elevation determination according to
the provisions of Section 65.6 of 44 CFR Ch. I Federal Emergency Management
Agency. Section 65.6 of 44 CFR Ch. I Federal Emergency Management Agency is
herein adopted by reference in its entirety;
g. A request for floodway revision in accordance with the provisions of Section
65.7 of 44 CFR Ch. I Federal Emergency Management Agency. Section 65.7 of 44 CFR
Ch. I Federal Emergency Management Agency is herein adopted by reference in its
entirety.
B. Citv review of chanqes to flood hazard data.
1 All requests to revise or chanqe the flood hazard data includinq requests
for a Letter of Map Revision and a Conditional Letter of Map Revision shall be reviewed
bv the floodplain administrator.
(a) The floodplain administrator shall not siqn the Communitv
Acknowledqement Form for anv requests based on fillinq or other development, unless
the applicant for the letter documents that such fillinq or development is in compliance
with this ordinance.
(b) The floodplain administrator shall not approve a request to revise or
chanqe a floodway delineation until FEMA has issued a Conditional letter of Map
Revision that approves the chanqe.
Ordinance No. 6295
March 10, 2010
Page 30 of 44
2LcJ- Upon receipt of the Federal Insurance Administrator's conditional approval
of map change and prior to the approval of the proposed encroachments, the developer
shall compensate the city for all costs incurred by the city which are associated with:
aM- The city's adoption of floodplain management ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting the post-project
condition;
bo- The city's submittal of evidence to the Federal Insurance Administrator of
the city's adoption of said revised floodplain management ordinances.
3. Within three months of completion of the proposed encroachments, the
developer shall be responsible for providing certified record drawings and/or technical or
scientific data to the city for submittal to the Federal Insurance Administrator.
2. If an applicant disaqrees with the requlatorv data prescribed bv this
ordinance he/she may submit a detailed technical studv needed to replace existinp
data with better data in accordance with FEMA mappinq guidelines or Reqional
Guidance for NFIP-ESA Hvdroloqic and Hvdraulic Studies FEMA Reqion X, 2010. If the
data in question are shown on the published FIRM, the submittal must also include a
request to FEMA for a Conditional Letter of Map Revision.
3 All new hvdroloqic and hydraulic flood studies conducted pursuant to this
chapter shall consider future conditions and the cumulative effects from anticiqated
future land use chanqes in accordance with Reqional Guidance for NFIP-ESA
Hydroloqic and Hydraulic Studies FEMA Region X 2010. If there is an studv in
existence on the date this provision becomes effective that meets the rest of this
chapter's criteria it mav be used even if it does not account for future conditions. (Ord.
6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.)
15.68.190 Developments within areas of special flood hazard
Notwithstanding any other provision of this chapter, the city may permit
developments within areas--erspecial flood hazard areas. Prior to approval for a
development which will increase the water surFace elevation of the base flood by more
than one foot, a developer must comply with the requirements set forth in ACC
15.68.180(D). (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4), 1989.)
15.68.200 Compensatory storage equipment.
A. Development proposals shall not reduce the effective base flood storage
elevation. VVhere fill, grading or other activities that may displace the effective base
flood storage volume are proposed, compensatory storage shall be required.
Compensatory storage shall:
1. Provide equivalent volume at equivalent elevations to that being displaced;
2. Hydraulically connect to the source of the flooding;
3. Provide compensatory storage in the same construction season as when the
displacement of flood storage volume occurs. Allowances may be granted on a case-by-
case basis to allow sequential construction if the timing of the work cannot meet
wintertime/flood construction schedules; and
4. Occur on site or, if approved by the city engineer, at a hydraulically connected
off-site location.
Ordinance No. 6295
March 10, 2010
Page 31 of 44
5. Provide documentation of a restrictive easement acceptable to the engineering
division to ensure continued existence of the compensatory flood storage.
6 The newly created storaqe area shall be praded and vepetated to allow fish
access durinq flood events without creatinq fish strandinq sites.
B. Certification by a registered professional engineer may be required as
documentation that the compensatory storage requirement shall be met by the
development proposal. (Ord. 6161 § 1, 2008.)
Section 3. Amendment to Citv Code. Section 16.10.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
16.10.010 Purpose and intent.
A. The city of Auburn contains numerous areas that can be identified and
characterized as critical or environmentally sensitive. Such areas within the city include
wetlands, streams, wildlife habitat, significant trees, geologic hazards, ground water
protection areas, and flood hazards.
B. The city finds that these critical areas perform a variety of valuable and
beneficial biological and physical functions that benefit the city and its residents.
Alteration of certain critical areas may also pose a threat to public safety or to public and
private property or the environment. The city therefore finds that identification,
regulation and protection of critical areas are necessary to protect the public health,
safety and general welfare. The city further finds that the functions of critical areas and
the purpose of these regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include maintaining
water quality; storing and conveying storm water and flood water; recharging ground
water; providing important fish and wildlife habitat; and serve as areas for recreation,
education and scientific study, and aesthetic appreciation.
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable
water temperatures; provide habitat for wildlife; and protect wetland resources from
harmful intrusion.
The primary goals of wetland regulation are to avoid adverse wetland impacts; to
achieve no net loss of wetland function and value - acreage may also be considered in
achieving the overall goal; to provide levels of protection that reflect the sensitivity of
individual wetlands and the intensity of proposed land uses; and to restore and/or
enhance existing wetlands, where possible.
2. Streams. Streams and their associated riparian corridors provide
important fish and wildlife habitat; help to maintain water quality; store and convey storm
water and flood water; recharge ground water; and serve as areas for recreation,
education and scientific study and aesthetic appreciation. Stream buffers serve to
moderate runoff volume and fiow rates; reduce sediment, chemical nutrient and toxic
pollutants; provide shading to maintain desirable water temperatures; provide habitat for
wildlife; and protect stream resources from harmful intrusion.
Ordinance No. 6295
March 10, 2010
Page 32 of 44
The primary goals of stream regulation are to avoid adverse impacts to streams
and associated riparian corridors; to achieve no net loss of functions and values of the
larger ecosystem in which the stream is located; to protect fish and wildlife resources; to
protect water quality through appropriate management techniques; and, where possible,
to.provide for stream enhancement and rehabilitation.
3. Wildlife Habitat. Wildlife habitat provides opportunities for food, cover,
nesting, breeding and movement for fish and wildlife; maintains and promotes diversity
of species and habitat; coordinates habitat protection with elements of the open space
system; helps to maintain air and water quality; helps control erosion; serves as areas
for recreation, education, scientific study, and aesthetic appreciation; and provides
neighborhood separation and visual diversity within urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse impacts to
critical habitats for fish and wildlife; to achieve no net loss of functions and values of the
larger ecosystem in which the wildlife habitat is located; to implement the goals of the
Endangered Species Act; to promote connectivity between habitat areas to allow for
wildlife movement; to provide multi-purpose open space corridors; and where possible
to provide for fish and wildlife habitat enhancement and rehabilitation that reflect the
sensitivity of the species.
4. Ground Water Protection Areas. Ground water protection areas provide a
source of potable water and contribute to stream discharge/flow. Such areas contribute
to the recharge of aquifers, springs and/or wells and are susceptible to contamination of
water supplies through infiltration of pollutants through the soil.
The primary goals of ground water protection regulations are to protect ground
water quality by maintaining the quantity of recharge; avoiding or limiting land use
activities that pose potential risk of aquifer contamination; and to minimize or avoid
adverse impacts to ground water protection areas through the application of
performance standards, and to comply with the requirements of the Federal Safe
Drinking Water Act and Washington Administrative Code that require Group A public
water systems to develop and implement a welihead protection program.
5. Geologic Hazard Areas. Geologic hazard areas include lands or areas
characterized by geologic, hydrologic and topographic conditions that render them
susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property by regulating and/or limiting land uses where
necessary, and to conduct appropriate levels of analysis and ensure sound engineering
and construction practices to address identified hazards.
6. Flood Hazard Areas. Floodplains help to store and convey storm water
and flood water; recharge ground water; provide important areas for riparian habitat;
and serve as areas for recreation, education, and scientific study. Development within
floodplain areas can be hazardous to those inhabiting such development, and to those
living upstream and downstream. Floods also cause substantial damage to public and
private property that resuits in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition
development within the i Regulatorv Floodplain to avoid substantial
risk of damage to public and private property and that results in significant costs to the
Ordinance No. 6295
March 10, 2010
Page 33 of 44
public and individuals; to avoid significant increases in peak storm water flows or loss of
flood storage capacity; ^^d o^l°"'°^+ +h° ^h ^i 4he n..,µ nnou r.eek n,,.,,a
GGntrol , to protect critical habitat for fish and wildlife, and to
meet the purposes set forth in Chapter 15.68 of the Auburn Citv Code. Requirements
for the identification assessment alteration and mitiqation of flood hazard areas are
contained in Chapter 15.68 ACC.
C. This chapter of the Auburn City Code and other sections as incorporated
by reference contain standards, procedures, criteria and requirements intended to
identify, analyze, and mitigate potential impacts to the city's critical areas, and to
enhance and restore degraded resources where possible. The general intent of these
regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to
specified critical areas resulting from regulated activities may be minimized, rectified,
reduced and/or compensated for, consistent with the requirements of this chapter.
D. It is the further intent of this chapter to:
1. Comply with the requirements of the Growth Management Act (Chapter
36.70A RCW) and implement rules to identify and protect critical areas and to perform
the review of development regulations required by RCW 36.70A.215;
2. Develop and implement a comprehensive, balanced and fair regulatory
program that avoids impacts to critical resources where possible, that requires that
mitigation be performed by those affecting critical areas, and that thereby protects the
public from injury, loss of life, property or financial losses due to flooding, erosion,
landslide, seismic events, soil subsidence, or steep slope failure;
3. Impiement the goals and policies of the Auburn comprehensive plan,
including those pertaining to natural features and environmental protection, as well as
goals relating to land use, housing, economic development, transportation, and
adequate public facilities;
4. Serve as a basis for exercise of the city's substantive authority under the
State Environmental Policy Act (SEPA) and the city's environmental review procedures,
where necessary to supplement these regulations, while also reducing the city's reliance
on project-level SEPA review;
5. Provide consistent standards, criteria and procedures that will enable the
city to effectively manage and protect critical areas while accommodating the rights of
property owners to use their property in a reasonable manner;
6. Provide greater certainty to property owners regarding uses and activities
that are permitted, prohibited, and/or regulated due to the presence of critical areas;
• 7. Coordinate environmental review and permitting of proposals involving
critical areas with existing development review and approval processes to avoid
duplication and delay pursuant to the Regulatory Reform Act, Chapter 36.706 RCW;
8. Establish conservation and protection measures for threatened and
endangered fish species in compliance with the requirements of the Endangered
Species Act and the Growth Management Act requirements to preserve or enhance
anadromous fisheries, WAC 365-195-925;
9. Alert members of the public, including appraisers, assessors, owners,
potential buyers or lessees, to the development limitations of critical areas and their
required buffers.
Ordinance No. 6295
March 10, 2010
Page 34 of 44
E. Best Available Science. The city has considered and included the best
available science in developing these regulations, consistent with RCW 36.70A.172 and
WAC 365-195-900, et seq. This has been achieved through research and identification
of refevant technical sources of information, consultation with experts in the disciplines
covered by this chapter, and consultation and requests for technical information
regarding best available science from state and federal resource agencies.
Preparation of this chapter has included the use of relevant nonscientific
information, including consideration of legal, social, policy, economic, and land use
issues. This reflects the city's responsibilities under numerous laws and programs,
including other provisions of the Growth Management Act, and the need to weigh and
balance various factors as part of decision making to accomplish municipal objectives.
This may result in some risk to the functions and values of some critical areas. The city
will also use its authority under the State Environmental Policy Act (SEPA) to identify, .
consider and mitigate, where appropriate, significant adverse effects on critical
resources not otherwise addressed by the regulations of this chapter.
The city intends to review and monitor implementation of its critical areas
regulations and to use an adaptive management approach. It will make adjustments to
the regulations, as appropriate, in response to changing conditions, new information
about best available science, or empirical data indicating the effectiveness of its
regulatory program. This will occur in the context of the city's ongoing review and
revision of its comprehensive plan and development regulations pursuant to the Growth
Management Act.
Additional information, both scientific and nonscientific, regarding compliance
with WAC 365-195-915(c), including identification of risks to resources, is contained in
the findings and conclusions and the overall record supporting adoption of Auburn's
criticai areas regulations. (Ord. 5894 § 1, 2005.)
Section 4. Amendment to Citv Code. Section 16.10.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-application conference is availabie and
encouraged prior to submitting an application for a project permit.
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmentai
Policy Act (SEPA) checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for review when
the city believes that a critical area may be present. The purpose of the report is to
determine the extent, characteristics and functions of any critical areas located on or
potentially affected by activities on a site where regulated activities are proposed. The
report will also be used by the city to determine the appropriate critical area
classification and, if applicable, to establish appropriate buffer requirements.
2. Report Contents. Reports and studies required to be submitted by this
chapter shall contain, at a minimum, the information indicated in the provisions of this
Ordinance No. 6295
March 10, 2010
Page 35 of 44
chapter applicable to each critical area. The director may tailor the information required
to reflect the complexity of the proposal and the sensitivity of critical areas that may
potentially be present.
C. Consultant Qualifications and City Review. All reports and studies required
of the applicant by this section shall be prepared by a qualified consultant as that term is
defined in these regulations. The city may retain a qualified consultant paid for by the
applicant to review and confirm the applicanYs reports, studies and plans if the following
circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical
area review permit for development proposals. To the extent possible, the city shall
consolidate and integrate the review and processing of critical area-related aspects of
proposals with other land use and environmental considerations and approvals. Any
permits required by separate codes or regulations, such as flood plain development
zsne-sea#eI permits or shoreline substantial development permits, shall continue to be
required. (Ord. 5894 § 1, 2005.)
Section 5. Amendment to Citv Code. Section 17.04.300 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.04.300 Regulatory floodway.
"Regulatory floodway" means
.the channel of a stream or
other watercourse and the adiacent Iand areas that must be reserved in order to
discharqe the base flood without cumulativelv increasinq the water surface elevation
more than one foot at any point.
Section 6. Amendment to Citv Code. Section 17.09.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.09.050 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall
contain sufficient square footage and lot dimensions to meet the requirements of ACC
Title 18. Each lot to be served by an on-site sewage disposal system shall be a
minimum of 15,000 square feet in area and shall also meet the minimum lot area
requirements of the county department of health rules and regulations. Land contained
in access easements, tracts or panhandles shall not be included in lot area or lot
dimension calculations for the purposes of this section.
Ordinance No. 6295
March 10, 2010
Page 36 of 44
B. Every lot within a short subdivision shall be capable of being reasonably
served by public or private sewage disposal, water, storm drainage facilities and streets.
The city will not approve a short subdivision for which a building permit cannot be
issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainage facilities adjacent to or within the short subdivision shall be in conformance
with adopted city ordinances, standards and policies. Easements for utilities
recommended by such plans shall be provided to the city, with the exact location of
such easements to be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of
special flood hazard or regulatory floodway, conformance with adopted city flood hazard
area ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be
submitted, as part of the short subdivision application, unless waived by the city
engineer.
3. The qroposed subdivision shall have one or more new lots in the Requlatory
Floodplain set aside for open space use throuqh deed restriction, easement, subdivision
covenant or donation to a public aqency. The densitv of the development in the portion
of the development outside the Requlatorv Floodplain mav be increased in accordance
with applicable land use and subdivision requlations.
4. If a parcel has a buildable site outside the Requlatory Floodqlain, it shall not be
subdivided to create a new lot that does not have a buildable site outside the Requlatorv
Floodplain. This provision does not applv to lots set aside from development and
preserved as open space.
E. Adjacent Streets. When any public street lying adjacent to the property
being short subdivided has insufficient width or for any other reason does not conform
to minimum street standards, in accordance with the city design and construction
standards, sufficient additional right-of-way shall be dedicated to the city and
appropriate improvements shall be made by the subdivider to conform the abutting half
of the street to such standards consistent with Chapter 12.64A ACC. Deferral of such
improvement requirements shall be in conformance with the city of Auburn design and
construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained
public street. All lots within a short subdivision shall either border on an opened,
constructed and maintained public street or shall be served by a private street, access
easement, tract or panhandle having direct access to such a public street. Where
private streets and access easements are provided, they shall be improved or
guaranteed to the city of Auburn and be in conformance with the city of Auburn design
and construction standards.
2. All private streets, access easements and panhandles shall be capable of
meeting the fire access requirements of Chapter 15.36A ACC and the development
standards of Chapters 17.14 and 18.31 ACC, in addition to any other requirements of
this title, including, but not limited to, an adequate surface for access and minimum
Ordinance No. 6295
March 10, 2010
Page 37 of 44
turnaround requirements on dead-end streets or access easements as specified by the
fire department.
3. All proposals shall ensure that all buildabie lots shalt have at least one access
road cdnnected to land outside the Requlatorv Floodplain with the surface of the road at
or above the FPE.
G. Dedication of Streets. Dedication of a public street or streets may be
required, whenever the city engineer finds that one or more of the following conditions
applies:
1. The general alignment of a proposed private street, access easement or
panhandle follows the general alignment of a future arterial as shown in the
comprehensive plan; or
2. The general alignment of a proposed private street, access easement or
panhandle can be reasonably modified to provide a desirable through-connection
between two or more existing or planned public streets or arterials; or
3. A public, street would be necessary to provide adequate access to
adjacent property not subject to the proposed short subdivision.
H. Fire Hydrants. All lots within a short subdivision shall be capable of being
served by a fire hydrant as required by Chapter 13.16 ACC. Property zoned RC,
residential conservancy, may be exempt, provided the requirements of ACC 13.16.030
are met. (Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008; Ord. 6006 § 3, 2006. Formerly
17.14.055)
Section 7. Amendment to Citv Code. Section 17.14.110 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.14.110 Floods and flood control. .
The city may disapprove a proposed subdivision because of flood, inundation or
swamp condition if the city finds that such condition poses a threat to the public health,
safety or general welfare or causes a public nuisance.
Where any portion of the proposed subdivision lies within the
Requlatorv Floodplain, the hearing examiner shall impose a
condition on the preliminary plat requiring the subdivider to conform to the city'sfleed
hazaFd--area Floodplain Development requirements as set forth in Chapter 15.68 of the
Auburn Citv Code. In such cases, no development permit associated with the proposed
subdivision shall be issued by the city until said flood hazard area regulations have
been met.
The city may require dedication of land to any public body and/or the construction ,
of improvements and may impose other conditions necessary to protect against flooding
or inundation.
Section 8. New Section to Citv Code. Section 17.04.305 of the Auburn
City Code be and the same hereby is created to read as follows:
Ordinance No. 6295
March 10, 2010
Page 38 of 44
17.04.305 Regulatory Floodplain.
"Regulatory Floodplain" means the area of the Special Flood Hazard Area and all
Protected Areas within the City of Auburn. It also includes newly designated Special
Flood Hazard Areas and Protected Areas that are delineated pursuant to City
Ordinance.
Section 9. New Section to Citv Code. Section 17.04.335 of the Auburn
City Code be and the same hereby is created to read as follows:
17.04.335 Special Flood Hazard Area.
"Special Flood Hazard Area (SFHA)" means the land subiect to inundation by the
base flood. Special Flood Hazard Areas are identified bv the Federal Emerqency
Management Aqencv in the scientific and enqineerinq reports entitled "Flood Insurance
Study for Kinq Countv Washinqton and Incorporated Areas" dated Mav 16, 1995, and
anv revisions thereto and "Flood Insurance Studv for Pierce County Washinqton and
Unincorporated Areas" dated Auqust 19 1987 and any revisions thereto, and
desiqnated on associated Flood Insurance Rate Maps with the letters "A" includinq AE,
AO, AH, A1-99.
Section 10. New Section to Citv Code. A New Section 18.70.025 of the
Auburn City Code be and the same hereby is created to read as follows:
18.70.025 Variances in Regulatory Floodplains
A. Subject to conditions, safeguards and procedures provided by this section,
the hearing examiner may be empowered to hear and decide applications for variances
from the terms of Chapter 15.68; provided the hearing examiner may approve a
variance only if the request conforms to all of the criteria in ACC 18.70.025.6. In
reviewing applications for a variance, the Hearing Examiner shall consider all technical
evaluations, ali relevant factors, standards specified in other sections of this ordinance,
and:
1. The danger to life and property due to flooding or erosion damage;
2. The danger that materials may be swept onto other lands to the injury of
others;
3. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
4. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable, expected at
the site;
5. The susceptibility of the proposed facility and its contents to flood or
erosion damage and the effect of such damage on the individual owner;
Ordinance No. 6295
March 10, 2010
Page 39 of 44
6. The availability of alternative locations for the proposed use which are not
subject to flooding or channel migration and are not in designated fish and wildlife
habitat conservation areas;
7. The relationship of the proposed use to the comprehensive plan, growth
management regulations, and floodplain management program for that area;
8. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water systems, and streets and bridges;
9. The potential of the proposed development project to destroy or adversely
modify a fish and wildlife habitat conservation area; and
10. The potential of the proposed development project to affect, or be affected
by, channel migration; and
11. Shall not result in a violation of this ordinance.
B. The examiner must enter findings of fact and conclusions of law which
support the following criteria and any conditions. No variance shall be granted to the
requirements of Chapter 15.68 ACC unless the applicant demonstrates that:
1. The development project cannot be located outside the Regulatory
Floodplain;
2. An exceptional hardship would result if the variance were not granted;
3. The relief requested is the minimum necessary;
4. The applicanYs circumstances are unique and do not represent a problem
faced by other area properties;
5. If the,project is within a designated floodway, no increase in flood levels
during the base flood discharge would result;
6. The project will not adversely affect fish or wildlife habitat;
If the issue is not specific to the property, but is a problem faced by other
properties, the remedy should be a revision to the ordinance rather than a variance. •
7. There will be no additional threat to public health, safety, beneficial stream
or water uses and functions, or creation of a nuisance;
8. There will be no additional public expense for flood protection, lost
environmental functions, rescue or relief operations, policing, or repairs to streambeds,
shorelines, banks, roads, utilities, or other public facilities; and
9. All requirements of other permitting agencies will still be met.
C. Variances requested in connection with restoration of a historic site,
building or structure may be granted using criteria more permissive than the above
requirements, provided:
1. The repair or rehabilitation is the minimum necessary to preserve the
historic character and design of the site, building or structure; and
2. The repair or rehabilitation will not result in the site, building or structure
losing its historic designation.
D. Variances to the provisions of ACC 15.68.161 and 15.68.170 may be
issued for a structure on a small or irregularly shaped lot contiguous to and surrounded
by lots with existing structures constructed below the FPE, providing the other variance
criteria are met. The applicant for such a variance shall be notified, in writing, that the
structure (i) will be subject to increased premium rates for flood insurance up to
Ordinance No. 6295
March 10, 2010
Page 40 of 44
amounts as high as $25 for $100 of insurance coverage and (ii) such construction below
the FPE increases risks to life and property. Such notification shall be maintained with a
record of all variance actions.
E. Variances pertain to a physical piece of property. They are not personal in
nature and are not based on the inhabitants or their health, economic, or financial
circumstances.
Section 11. Repeal of Section of Citv Code. Section 17.04.045 of the
Auburn City Code (Definitions - Area of special flood hazard.) is repealed in its entirety.
TEXT OF REPEALED SECTION
17.04.045 Area of special flood hazard.
"Area of special flood hazard" means the land within the floodplain in a
community subject to a one percent or greater chance of flooding in any given
year, as indicated in the Flood Insurance Rate Map (FIRM) program entitled
Flood Boundary and Floodway Map. (Ord. 6239 § 1, 2009.)
Section 12. Incorporation of Guidelines. The "Floodplain Habitat
Assessment and Mitigation Regional Guidance", developed by the Federal Emergency
Management Agency drafted and dated January 2010, and any subsequent
amendments or versions promulgated by the Federal Emergency Management Agency,
and the "Regional Guidance for Hydrologic and Hydraulic Studies, developed by the
Federal Emergency Management Agency drafted and dated January 2010, and any
subsequent amendments or versions promulgated by the Federal Emergency
Management Agency shall be on file with the City Clerk, and incorporated herein by this
reference, for use in connection herewith.
Section 13. Ministerial Corrections. The Code Reviser is authorized
and directed to change all references to "Flood Control Zone Permits" in the Auburn City
Code to "Floodplain Development Permit."
Ordinance No. 6295
March 10, 2010
Page 41 of 44
Section 14. Repeal of Moratorium. The moratorium on the filing, receipt,
and approval of applications for development in the floodplain created by Resolution .
4416 and extended by Resolutions 4442, 4476, and 4535 is hereby terminated as of the
effective date of this Ordinance. ,
Section 15. Fee schedule. The City of Auburn Fee Schedule shall be
amended to include the following fees:
Planning Department Fees
Floodplain development permit (when other City of Auburn development permits
required) $0
Floodplain development permit (stand alone permit; no other City of Auburn
development permits required) $50.00
Habitat Impact Assessment Report Review Fee (stand alone submittal).. $250.00
Habitat Mitigation Plan Review Fee (stand alone submittal) $250.00
Combined Habitat Impact Assessment /Mitigation Plan Review Fee $500.00
and shall be further amended to delete the following fee:
Public Works Department Fees
6. Flood Control Zone Permit: (Per Ordinance No. 5819)
Base permit fee $50.00
The City Clerk is authorized to insert amend the City of Auburn Fee Schedule
consistent with this section without any further action by the City Council.
Section 16. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation. This authority specifically includes making non-substantive changes to the
Ordinance No. 6295
March 10, 2010
Page 42 of 44
municipal code sections amended in this ordinance in order to comply with the direction
of the federal agencies reviewing this ordinance.
Section 17. Severabilitv. The provisions of this Ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 18. Effective date. This Ordinance shall take effect and be in force
as interim regulations five days from and after its passage, approval and publication as
provided by law. If the City receives approval of the ordinance from the federal
agencies, provisions herein shall automatically be effective as permanent regulations,
with the effective date the same as the effective date of the interim regulations.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6295
March 10, 2010 •
Page 43 of 44
,
APPROVE S TO FORM:
~Daniel B. Hei , City Attorney
Published:
Ordinance No. 6295
March 10, 2010
Page 44 of 44
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Floodplain Habitat
Assessment and Mitigation
Regional Guidance
2010
h
.y
t ~ FEMARegion 10
Regional Guidance
for
Floodplain Habitat Assessment and Mitigation
Produced by FEMA - Region 10
January 2010
~x 4
FEMA
Region 10
For additional information or copies of this guidance:
Federal Emergency Management Agency
Attn: Mitigation Division
Federal Regional Center, Region 10
130 228th St. SW
Bothell, WA 98021-9796
(425) 487-4600
www. fema. gov/regionx/nfipesa. shtm
Contents
Introduction 1
B ackground . 1
Definitions 1
When to Conduct a Habitat Assessment 2
Allowed Activities 4
Conducting the Assessment 6
Step 1. Describe the Project Area 6
.
1. 1. Project Area Description
. 6
1.2. Project Area Map
. 7
Step 2. Describe the Project Area's Habitat 8
2.1. Background Research . 8
2.2. Protected Species Identification 9
2.3. Site Investigation .
10
2.4. Habitat Narrative . .
11
2.5. Habitat Area Map
12
Step 3. Describe the Project
13
3 1. Final Project...............................................................................................
13
3.2. Construction Process
14
3.3. Protection Measures
14
Step 4. Assess the Impact
15
4.1. Types af Impacts
15
4.2. Report Format
17
4.3. Effects Deterntination
17
4.4. Assessment Report 18
Habitat Assessment and Mitigation - i- January 2010
Preparing the Mitigation Plan 18
Step 5. Review Mitigation Alternatives (Mitigation Sequencing) 19
5.1. Avoidance 19
5.2. Minimization 20
5.3. Restoration 20
5.4. Compensation 21
5.5. Select the Best Approach(es) 21
Step 6. Prepare the Mitigation Plan 22
6.1. Objective 22
6.2. Format 23
6.3. Minimum Standards 24
Reviewing Habitat Assessments and Mitigation Plans 24
References and Resources
26
Federal and State Regulations 26
Maps and Databases 26
Water Quality and Quantity 27
Mitigation 27
Additional References.......... 28
Habitat Assessment and Mitigation - ii - January 2010
Acknowledgements
This guidance document was developed by Region X of the Federal Emergency
Management Agency, as part of its continuing effort to improve floodplain
management practices and assist communities in meeting the requirements of the
Endangered Species Act.
It was prepared with the advice and assistance of a special advisory committee
that included representatives from:
- City of Auburn
- City of Carnation
- City of Everett
- Island County
- Jefferson County
- King County
- City of Lacey
- Lummi Nation
- City of Monroe
- Pierce County ,
- San Juan County
- Snohomish County
- City of Tukwila
- Washington State Department of Ecology
- Whatcom County
- ;The National Marine Fisheries Service
This document was drafted by French & Associates, Ltd., Steilacoom, ESA
Adolfson, Seattle, and PBS&J, Seattle, through an arrangement with the Insurance
Services Office and the Community Rating System.
Habitat Assessment and Mitigation - iii - January 2010
Habitat Assessment and Mitigation - iv - January 2010
Introduction
Background
This Regional Guidance is written for communities in the Puget Sound Basin. It will assist them
in meeting the requirements and criteria of the Endangered Species Act (ESA) as clarified in the
Biological Opinion issued by the National Marine Fisheries Service (NMFS) on September 22,
2008. This Regional Guidance is intended for environmental planners, wildlife, floodplain,
stream, and wetland scientists, and other qualified habitat professionals.
This document is designed to support the NFIP-ESA Model Qrdinance, which was also prepared
by FEMA Region X. The Model Ordinance includes a Bialogical Opinion Checklist which
provides a summary of what is required of communities by the Endangered Species Act. For
further details on the Biological Opinion's requirements;'see the Model Ordinance Introduction
section and the Biological Opinion text in Appendix E of the Model" Ordinance.
Communities have the option of adopting the Model Ordinance or ensuring that their existing
regulations fulfill all the Biological Opinion's requirements. Sections in the Model Ordinance are
referenced in this guidance to help the reader match the requirements with the Biological
Opinion and NFIP regulations. Additional references included in this assessment are listed at the
end of the document.
This guidance was prepared with technical input from local officials, engineers, natural resources
scientists, and planners. It is designed to assist qualified habitat professionals, representing both
permit applicants and permit officials to ensure that new development will not adversely affect
the habitat of protected threatened and endangered species in floodprone areas, including those
areas associated with stream, lake, and marine water bodies.
Although the Biological Opinion addresses ESA listed salmonid species and Southern Resident
killer whales, the ModeT' Ordinance and this guidance were developed to address potential
impacts to all ESA listed species.
Definitions
Four terms are used in this guidance and the Model Ordinance that may not be the same terms
used in a community's regulatians: "Regulatory Floodplain", "Special Flood Hazard Area" (or
"SFHA"), "Protected Area;" and "development." These terms are introduced in the Definitions
section of the Model Ordinance (Section 2). The first three are defined in more detail in Sections
3.1, 3.2 and 3.4 of the Model Ordinance.
The Regulatory Floodplain is comprised of the SFHA and the Protected Areas, where:
• The SFHA is the area subject to flooding by the base flood (as determined and mapped
for each community by FEMA within flood insurance studies and accompanying Flood
Insurance Rate Maps (FIRMs)); and
Habitat Assessment and Mitigation - 1- January 2010
• The Protected Area is comprised of those lands that lie within the boundaries of the
floodway, the riparian habitat zone, and the channel migration area.
An example of how the Regulatory Floodplain, SFHA, and Protected Area interrelate is shown
on the next page. A community's ordinance may use a different term to delineate the same or a
larger area in order to reach the same objective of addressing adverse effects to aquatic and
riparian habitat in the most sensitive areas. However, as these terms are used throughout this
guidance, please refer to the full definitions included in Sections 2 and 3 of the Model Ordinance
in order to ensure full consistency with the Biological Opinion.
A fourth term is also used throughout this document. In Section 2,`the Model Ordinance defines
"development" as
any man-made change to improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, gradang ',:paving, excavation or drilling operations,
storage of equipment or materials, subdivision of land, removal of more than 5% of the native
vegetation on the property, or alteration of nafui-al-site characteristics.
When to Conduct a Habitat Assessment
Whenever a development project is proposed in the Regulatpry Floodplain, the property owner
must obtain a floodplain development permit fxom the community (Section 4.1). Certain types of
projects can be permitted relatively quickty (see "A1lowed Activities" on page 4). Applicants for
projects that are not listed, as exempt from conducting i;habitat assessment by the community's
floodplain management ordinance znust assess the iiiapact of the proposed development on
flooding and habitat.
An adverse impact on flooding is prevented through the ordinance requirements for a floodway
or encroachment analysis (Section 7.5) and eompensatory storage (Section 7.6).
The impact of a project on habitat is more complicated because there is often little or no
information en the site's natural featuresand different projects will have different impacts.
Therefore a habitat assessment is needed'toidentify those features and determine how the
proposed project will affect them (Section 7.7 in the Model Ordinance).
There are only two cireumstances^where a habitat assessment would not be required:
1. Projects that are listed as exempt from conducting a habitat assessment in the
community's floodplain management ordinance; and
2. Projects that have undergone Section 7 consultation under the Endangered Species Act
(ESA) in order to obtain a federal permit.
It should be noted that projects requiring a federal permit under Section 404 of the Clean Water
Act would likely need a consultation process through the U.S. Army Corps of Engineers Regula-
tory Branch. The Section 404 permit process includes consultation with the US Fish and Wildlife
Service (USFWS), and/or NMFS. Such consultation is required as required under Section 7 of
the ESA.
Habitat Assessment and Mitigation - 2- January 2010
Source: Pierce County, 2007, GeoEngineers, 2005; USDA, 2006 (Air Photo)
Habitat Assessment and Mitigation - 3- January 2010
This graphic shows the relative locations of the floodway, riparian habitat zone, and the channel migration area, the
determinants of the Protected Area. The Regulatory Floodplain includes all of the SFHA and all of the Protected Area.
Enforcing the ordinance throughout the Regulatory Floodplain is needed to comply with the Endangered Species Act.
A community can receive CRS credit if the Regulatory Floodplain extends beyond the SFHA.
If a permit applicant has prepared a Biological Evaluation or a Biological Assessment and has
received concurrence from USFWS or NMFS, the project is deemed to comply with the ESA. In
such cases, the additional habitat assessment requirements of this guidance are not required (see
Section 7.7.A of the Model Ordinance).
Once it is determined that a habitat assessment is needed, a step by step assessment process is
recommended in this guidance. This process is summarized in the flow chart on the following
page. Steps 1- 4 comprise the basic habitat assessment.
If the assessment finds an adverse effect, then the permit applicant must prepare a plan that
identifies steps the permit applicant will talce to mitigate that iinpact (Section 7.8 in the Model
Ordinance and Steps 5- 6 in this document) and must implement the mitigation plan.
It is recommended that applicants start with conceptuat developrhen;t plans and conduct a
preliminary impact assessment before they invest in detailed project'plans and specifications.
Continued communication with community staffwill also help identii~ problems and solutions
before too much time and/or money is spent on a project that may require additional mitigation
measures.
A permit applicant should weigh the (
should one be needed, against the cos
It may cost less in time and money to
Allowed Activities
A habitat assessment is.not neede(
community's floodplain managerr
identifies two types, of activities t}
must check the cammunity's floa(
different list.
Section 7.1 ofthe Model Ordinani
"developmenti" and therefore do n
State and local requirements are rt
such as re-roofing and replacing s
need a permit). The Model Ordina
may be different.
st; of preparing the assessment and the mitigation plan,
)f locating the project outside the Regulatory Floodplain.
mply avoid the SFHA and the Protected Area.
is not required for certain activities, as specified by the
rdinance. The Model Ordinance, in Sections 7.1 and 7.2,
t proceed without the habitat assessment. The reader
agement ordinance because it may have a slightly
clarifies that some activities are not considered
need a floodplain development permit, provided all other
t. An example would be normal maintenance of structures,
ing (provided they are not part of a larger project that would
-e's list is not included here, because the community's list
Section 7.2 of the Model Ordinance lists other activities which are allowed in the Regulatory
Floodplain without the floodway analysis or the habitat impact assessment required under
Sections 7.5 and 7.7, providing they meet all the community's other requirements and a
floodplain development permit is issued. Again, the Model Ordinance's list is not included here,
because the community's list may be different and takes precedence.
Habitat Assessment and Mitigation - 4- January 2010
ls the project in the
Regulated Floodplain?
(-YES -__--I---------- N0
Has a Biological Evaluativn been prepared
for the project and have NMFS andlor llSFWS
defermined concurrence with the project
under Sect+on 7 of the ESA?
vEs
No
~
J$ the rJevetopmenf project
an atlavued activify?
Canduct the Assessment YES-~
Skep 1: De$cr'sbe the Project Area NQ
Step 2: nescribe the Mabitai
Step 3: Describe the Pcoject
Siep 4: Assess the lmpact
Witl fhe projecf cause
an adverse impact?
Prepare the Miiiga#ian Ptan Np
YES
Step 5: Review Mrtigatian Alternatives
Step 6: Prepare the Mitigation Pian
Redssign the projeat
to incarparate the plan's
' mitigation measures
!s the pfan acceptable?
YES
N4
~
Redesign the projec# or
the mitigation measures
Rroceed with the project,
ge#ting al[ required permifs
Habitat Assessment Flow Chart
Habitat Assessment and Mitigation - 5- January 2010
Conducting the Assessment
The following steps should be taken to adequately identify and address the impacts a proposed
project may have on habitat within the Regulatory Floodplain. In circumstances where an
approved habitat assessment (Steps 1 through 4) determines that no impacts to habitats
associated with ESA listed species will occur, development of a mitigation plan is not necessary.
However, for any activity requiring a habitat assessment within the Regulatory Floodplain, it is
highly likely that impacts to habitats associated with ESA listed species will occur. When habitat
impacts are identified, a mitigation plan must be prepared for the project, in accordance with
Steps 5 and 6.
Step 1. Describe the Project Area
The project area is generally the parcel being
to a larger area, such as when a road to the pz
produce two documents:
1.1. Project Area Description
If a Washington State Joint Aquatic `I
prepared for the project, it will incluc
habitat assessment. The Washington
www.nws.usace.army.mil/Publi,cMer
-veloped:'In some cases, the project may extend
-el is'to be built ar impraved. Step 1 should
Permit Application (JARPA) form has been
roject area description information needed for the
:PA form template can be found at:
fm?sitename=REG&pagename=Home_Page
If the information is already being provided in a Washington State JARPA, the community may
accept the application form as sufficient for the'project area description. If a Washington State
JARPA has not been prepared for the project, the project area description should include the
following information:
- Location information:
o Street address
o City and County
o Township, section, and range
o Latitude and longitude
o Tax parcel number(s) of the project location
o Type of ownership of the project (Federal, State, or locally owned public lands; tribal
lands; privately owned lands)
- Water resource information:
o Watershed name
o Water resource inventory area (WRIA). Information on Puget Sound basin WRIAs
can be found at the Washington State Department of Ecology's watershed planning
webpage (http://www.ecy.wa.gov/watershed/index.html) and mapping webpage
(http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm)
Habitat Assessment and Mitigation - 6- January 2010
o Water bodies in which work will occur, including water typing. For more information
on water typing and a map that designates the types for major water bodies, see the
Washington State Department of Natural Resources water typing webpage
(www.dnr.wa.govBusinessPermits/Topics/ForestPracticesApplications/Pages/fp_wat
ertyping.aspx)
o Water bodies bordering or adjacent to the project location, including water typing.
o Shareline Management Areas associated with shorelines of the state, as managed by
the State Shoreline Management Act and local Shareline Master Programs. Shoreline
Management Area information should include the Shoreline Environment designation
and a description of the approximate extent of jurisdiction. To identify associated
Shoreline Management Areas and Shoreline Environment designations, review the
jurisdiction's Shoreline Master Program and contact the local permitting official.
o Critical Areas associated with streams, designated pursuant to the Growth
Management Act and the local critical areaordinance. Critical areas management
information should include the critieal areas designation and a description of the
extent of jurisdiction.
- Fish and Wildlife Habitat Conservation Areas (name and: short description). Fish and
Wildlife Habitat Conservation Areas are designated by local governments pursuant to the
Growth Management Act. They should include waters of the state (i.e., Type S streams
and shorelines), habitats for species that are endangered or threatened (including
designated critical habitats and areas wherethe presence of listed species is documented),
habitats for species of local importance, and natural area preserves. The community
should have a list of designated Fish and Wildlife Habitat Conservation Areas and/or
criteria for designating them:
1.2. Project Area Map
The second item needed~for Step 1 is a map, drawn to scale that delineates the following:
- Parcel boundaries
- Area ofthe finished project (including roads)
- Any additional area(s) that will be disrupted during construction (including access routes,
staging areas, and areas ta be re-graded or filled)
- All water bodies'
- Site topography, soils and geology
- Fish and Wildlife Habitat Conservation Areas
- Existing native vegetation by vegetation community zones. For example, a map could
distinguish areas with existing coniferous forest cover vs. areas with existing shrub cover
vs. areas with existing meadow cover.
- Boundaries of the following regulatory areas (see Section 3 of the Model Ordinance)
o Special Flood Hazard Area
o Floodway
Habitat Assessment and Mitigation - 7- January 2010
o Riparian habitat zone
o Channel migration area
- Depths of the 10 and 100-year floods at representative locations. This need only be
provided where flood data are available from existing studies or the community.
Step 2. Describe the Project Area's Habitat
During Step 2 of the habitat assessment, the applicant describes the existing habitat conditions of
the project area. Tasks 2.1 and 2.2 of Step 2 are largely based on existing scientific information
on the species use and habitat in the project vicinity.
2.1. Background Research
Step 2 should start with an examination of ex
or endangered species and their habitats in ar
inventories already available. The following :
- The community's planning (
inventory maps, best availab
Habitat Conservation Areas,
management plans, and wate
)urces of information relevant to threatened
i0arlthe project area. There may be thorough
iur`ces should be checked:
nental proteetivn department for critical areas
consistency studies, designated Fish and Wildlife
Master Program, flood control and floodplain
habitat studies
- The community's parks, and/or natural resources departments for natural area studies
- National Mar.irie Fisheries Service critical habitat maps
(www.nmfs.noaa.gov/pr/species/criticalhabitat.htm)
- US Fish and Wildlife Serviee (critical habitat maps (http://criticalhabitat.fws.gov/)
- USFWS Natianal Wetland'Inventory maps (www.fws.gov/wetlandsn
- USFWS and NMFS habitat recovery plans, when published for ESA listed species in the
project vicinity '
o ;USFWS: www.fws.gov/pacific
o NMFS: www.nwr:noaa.gov
- US Department of Agriculture, Natural Resource Conservation Service soil survey maps
(http://websoilsurvey.nrcs.usda.gov/app~
- Washington Departmerit of Fish and Wildlife Priority Habitats and Species Database
(http://wdfw.wa.gov/hab/phslist.htm)
- Washington State Department of Ecology Water Quality Assessment
(www.ecy.wa.gov/programs/Wq/303d/2008/index.html)
Habitat Assessment and Mitigation - 8- January 2010
2.2. Protected Species Identification
The review of the existing research should identify all federally-listed species and designated
critical habitats, Essential Fish Habitat (EFH, defined by the Magnuson-Stevens Fishery
Conservation and Management Act) and affected EFH species, and Fish and Wildlife Habitat
Conservation Areas in, overlapping, or within 200 feet of the project site. The table below is an
example of how this information could be presented.
accurrence of Listed Species and Critical Habitat in or N
ear the Project Area.
` (Sample Display)
Critieal
' Habitat
Cammon Name
Scientific' Name '
ESA' Status
Jurisdic#ion
' Present
Puget Sound Evolutionarily
Oncorhynchus
Threatened'
NMFS
Yes
Significant Unit (ESU)
tshawytscha
'
Chinook Salmon
Puget Sound Distinct
O. mykiss
Threatened
NMFS"
None
Population Segment (DPS)
Steelhead
Coastal-Puget Sound DPS
Saluelinus .
Threatened
USFWS
Yes
Bull Trout
confluentus
To determine what listed or proposed species and EFH rnay occur in the action area, check with
NMFS (www.nwr.noaa.gov) and the USFWS (www.fws.gov/westwafwo/speciesmap.html) to
obtain a county list of federally listed/designated and proposed species and critical habitat.
EFH species to, be considered in freshwater systems commonly include three species of Pacific
salmon: pank, coho and Chinook salmon. If;the project area includes estuarine and marine
systems, numerous species of goundfish and coastal pelagic fishes may also need to be
considered:
This task shouXd summarize the biological and ecological information that will be needed for the
habitat assessment. Appropriate information on the species' life history, its habitat and
distribution, and other data on factors necessary to its survival, should be included to provide
background for analyses in later sections. It is important to note that even though the September
2008 Biological Opinion foeused on salmon and EFH, all threatened or endangered species in
the project area need to be addressed in the assessment.
Existing documents can be referenced, where appropriate. Sources of existing species status
information include current NMFS Status Reviews, EFH information, current NMFS and
USFWS recovery plans, and Washington State Department of Fish and Wildlife management
recommendations (see the References section for links to these information sources). Another
source is the locally developed best available science documentation reports, which are required
to be prepared by each Puget Sound community for their critical areas standards under the
Growth Management Act.
Habitat Assessment and Mitigation - 9- January 2010
The Corps of Engineers' ESA Consultation Initiation Template and NMFS' Consultation
Initiation Template and User's Guide provide similar guidance. This section's narrative could
follow the format and guidance provided in Section III.B Description of Species in these
Templates. Both the Corps and NMFS use the following outline:
i. Biological requirements
ii. Factors of decline
a. Historical pressures on the species
b. Current pressures on the species
c. Limiting factors for recovery of the species
iii. Local empirical information (if available)
a. Current local population information
b. Ongoing monitoring programs (if any)
c. Population trend of the species
Example Primary Constituent Elements
(Chinook salmon and steelhead trout, 50 CFR Part
226, Federal Register / Vol. 70, No. 170 ! Friday,
September 2, 2005)
Following the description of the protected I . Freshwater spawning sites with water quantity
ecies, there should be a summarof the habltat and quality conditions and substrate supporting
sP Y spawning, incubation and larval development.
needs for each species. This section of,the z. Freshwater rearing sites with water quantity and
narrative needs to identify and describe the key floodplain connectivity
factors that are important for the protected 3. Freshwater migration corridors free of
species. These should include the primary, obstruction
constituent elements identified,in the final rules 4. Estuarine areas free of obstruction
that list thCeatened and endangeted SpeCies. 5. Nearshore marine areas free of obstruction
Primary constituent elements are the,key habifat 6. Offshore marine areas with water quality
components required for an ESA listed species,' conditions and torage, including aquatic
as identified in the final cr'ttical habitat rules and ! invertebrates and fishes, supporting growth and
published in the Federal Regisferfor listed maturation.
species; (see example in the box). :
2.3. Site Investigation
Tasks 2.1. and 2.2. give the appiicant guidance on where to look and what to look for regarding
species potentially present at the site. Following completion of the first parts of Step 2, a site
visit is needed to determine if there are habitat areas with which identified species have a
"primary association". "Habitats of primary association" include critical components of the
habitats which, if altered, mayreduce the likelihood that the listed species will maintain and
reproduce over the long term. A site visit and determination of site-specific conditions is
necessary to determine what actual impacts to ESA listed species, EFH, and associated habitats
may occur.
Habitats of primary association include, but are not limited to, winter ranges, migration ranges
and corridors, breeding sites, nesting sites, regular large concentrations, communal roosts,
roosting sites, staging areas, and foraging areas. This process must identify those areas discussed
in Step 2.2 as being primary constituent elements for each ESA listed species within the project
area. For example, identification of Chinook salmon habitat areas of primary association should
Habitat Assessment and Mitigation - 10 - January 2010
look for those constituent elements listed in the box above. This field work must include adjacent
lands and waters, upstream and downstream of the site.
The description of the project area habitat and conditions should also identify existing
modifications to the project site within the Regulatory Floodplain, including existing structures,
roads, impervious areas and graded or filled areas. Any existing modification that is impairing
habitats of primary association and habitat functions identified and described in the next section
should be described. Including activities to restore habitat in these modified areas could help the
assessment conclude that there will be no adverse effects to habitat due to the project (see also
Task 33 of Step 3).
The Washington Department of Fish and Wildlife's Managetnent Recommendations for
Washington's Priority Habitats: Riparian (see References and Resources section of this
guidance) describes common land uses and modifications that irnpair riparian habitats. The
References section lists guidance materials related to other common"floodplain and aquatic
habitat types.
2.4. Habitat Narrative
The findings of the field investigation are used to prepare a description of the habitat areas of
primary association that will need to be protected. The narrative for this part of the assessment
report needs to describe the presence and quality of the natural features that relate to the primary
constituent elements for all species and habitat areas identified in Tasks 2.2 and 2.3. As
described in the final paragraph of Task 2.2, primary constituent elements are the key habitat
components required for an ESA listed species, as identified in the final rules and published in
the Federal Register when species are listed.
It is possible that there may be limited information available from the sources identified in Tasks
2.1 and 2.2. The habitat narrative should note where this occurs and clarify where statements are
based an scientific reports and data and where they are based on the professional opinion of the
author.
The habitat narrative includes an assessment of the components and processes for each of the
habitats of primary association identified during the site investigation. The narrative should
identify what components and processes have a high level of function and what components and
processes are impaired hy previous site and/or area (i.e. watershed level, basin level)
modifications. The narrative should include the following headings for each identified habitat
area to ensure that the assessment will cover all items required by the Biological Opinion
(Appendix A, part 3) and Section 7.7.13 of the Model Ordinance:
A. The primary constituent elements. These are identified in the final rules that designated
critical habitat for listed threatened and endangered species (see the NMFS and USFWS
critical habitat map links within the References and Resources section to access final
rules for ESA listed species). For example, for an inland site with Chinook salmon habitat
(see box, previous page), the first three sections of the habitat narrative would cover
freshwater spawning sites, freshwater rearing sites, and freshwater migration corridors.
Habitat Assessment and Mitigation - 11 - January 2010
B. Water quality. Discussion of existing water quality should identify water quality levels
within project area water bodies and compare existing levels to state standards. The
standards for freshwater surface water quality in Washington State are set by WAC 173-
201a and are detailed by the Department of Ecology (www.ecy.wa.gov/
programs/wq/swqs/criteria.html). Information in Washington State's Water Quality
Assessment (303(d)) should be supplemented with any known site specific information
(information on 303(d) is found at www.ecy.wa.gov/Programs/wq/303d/index.html).
Local and county environmental managers or land use planners should be contacted to
assist in identifying relevant water quality information.
C. Water quantity. Site flood dynamics and hydrology should be assessed. Flood and low
flow depths, volumes, velocities, and flow paths have ari important effect on the way
habitat is formed. The habitat narrative should describe;these factors with an emphasis
placed on the effects of flood events on habitats. "T`ributary streams, seeps, stormwater
outfalls, waterways that pass through the projeet site, and other water sources should be
identified and described. This discussiah niay rely on and reference other flood and site
hydrology studies prepared for the project and should be focused on how flood dynamics
and hydrology impact local habitat areas. Generally aqualitative assessment of water
quantity should be sufficient, although projects where'more significant impacts to water
quantity conditions may occur should include quantitative assessment of existing
conditions.
D. Vegetation communities and habitat structures,' This should include a discussion of
riparian vegetatioh and woody debris; along the banks and throughout the mapped
channel migrationarea. Freshwater riparian conditions should be characterized consistent
with the guidance in Management Recommendations for Washington 's Priority Habitats:
Riparian. Characterization of marine shoreline conditions should be consistent with
guidance from the Washington State Departments of Fish and Wildlife and Ecology
(Land' Use Flanningfar Salmon, Steelhead and Trout), and with other Puget Sound
nearshore guidance materials listed in the References and Resources section of this
guidance.
E. Spawning substrate (only needed for ESA listed fish species)
F. Floodplain refugia (only needed for ESA listed fish species)
2.5. Habitat Area Map
Once all habitat areas of primary association are identified and described, they should be
delineated on a map. The map should be to the same scale as the project area map (Task 1.2) to
facilitate comparison of the habitat to be protected with the extent of the Regulatory Floodplain,
the Protected Area, the riparian habitat zone, and other relevant features, such as watercourses
and wetlands.
Habitat Assessment and Mitigation - 12 - January 2010
Step 3. Describe the Project
There are two key parts of the project that need to be described at this stage of the assessment
report: the final project, i.e., what the area will look like and how it will be used when the
project is completed, and the construction process that will be followed to get there. The final
project should be covered first. Measures taken by the developer to prevent or minimize damage
to the habitat areas should also be included and highlighted.
As with Task 1. 1, if a Washington State Joint Aquatic Resources Permit Application (JARPA)
form has been prepared for the project, it will include all project description information required
for the habitat assessment. JARPA is under the Washington State Governor's Office of
Regulatory Assistance. More information and the JARPA form template can be found at:
www.ora.wa.gov/resources/permitting.asp.
If the information is already being provided in a Washington State rARPA that includes the level
of detail described in this guidance, the community'may accept the application form as sufficient
for the project description.
If a Washington State JARPA has not been prepared for the project, the project area description
should include the information included in Tasks 3.1 and 32 of this section.
3.1. Final Project
All features present when GonstruQtion is finished should be described. This includes:
- A summary of the, project, including all features that will be present when construction is
finished
- Project category (industrial, commercial, residential, institutional, transportation,
recreational, ma'tntenance, environmental enhancement)
- All structures, incIuding boat launches, fences, docks, and pilings, etc.
- Roads, bridges, culverts, trails, and pavements
- All structures or facilities fhat would impact water bodies or wetlands, including
aquaculture, buoys, mining, bank stabilization, channel modifications, culverts, dams,
levees, ditches, f shways, moorage, outfall structures, etc.
- Above and undergroundutilities
- Water supply
- Wastewater disposal
- Stormwater management facilities
- Non-native landscaping
Habitat Assessment and Mitigation - 13 - January 2010
The level of detail for these descriptions may be generalized for those features located outside
the identified habitat areas. The features need to be shown on one or more maps that will
facilitate relating the project to the project area map (Task 1.2) and the habitat area map (Task
2.5).
There should also be a description of:
- The ongoing activities that will be conducted at the site
- Ongoing activities that will affect adjacent areas, such as an increase in traffic, an
increase in stormwater runoff from the site, increased noise, and changes air quality.
3.2. Construction Process
At a minimum, this section should cover the followingpoints:
- Land clearance (areas to be cleared and native vegetation that will be removed)
- Any work in water, including a description af the methods and materials used
- Grading and filling
- Stormwater management measures taken during construction
- Utility installation (including any:on-site wastewatertreatment)
- Methods and techniques for consfruction of structures, including buildings, roads,
bridges, paved areas, retaining walls,` shoreline rnodification5;and types of equipment.
- Construction phasing and anticipated construction timing.
- Mobilization and staging plans.
- Temporary canstruction access and staging areas.
Maps and a timeline are needed to show where anct when each activity will occur.
3.3. Protection.Measures
There are several Federal, State, and local regulatory requirements for developments to include
measures that minimize their impact on the environment. Others may be initiated by the permit
applicant. These should be,described here. They could include:
- Preserving a setback area from any disturbances
- Drainage/erosion control plan during construction
- Post-construction stormwater/drainage plan
- Use of low impact development techniques (which may eliminate or reduce runoff from
areas to be developed)
Habitat Assessment and Mitigation - 14 - January 2010
- Actions to implement wetland mitigation plans
- Compensatory storage provisions to replace lost floodplain storagel
Those protection measures that benefit the construction process, such as a sedimentation basin,
should be included in the construction process timeline.
Step 4. Assess the Impact
The impact assessment must analyze the direct and indirect effects of the action on the aquatic,
riparian, and floodplain habitat areas identified in Step 2, as well as effects of future actions
reasonably certain to occur. Primary factors to be considered in the assessment of impacts
include:
- Proximity of the action to identified habitat axeas - Distribution, timing, and nature of the effeet'
- Duration
- Disturbance frequency, intensity, and severity
4.1. Types of Impacts
The References section at the end of this document lists resources that have additional guidance
for the assessment of impaets.
Direct effects: According to ESA xules and regulations, direct effects occur at or very close to
the time of the action itself. Examples could include construction noise disturbance, loss of
habitat, or sedimentation that results from the construction activity. The discussion should
include information on the ternporal and spatial limits'of the effects, species tolerances, severity
of effect, mortality and other forms of take, and expected habitat loss as a result of the proposed
action.
Direct impacts a project may have on a habitat area include, but are not limited to:
- Permanent clearing and grading of any habitat area;
- Temporary clearing and grading of any habitat area during construction;
- Permanent structures, pavements, etc., constructed within or placed within a habitat area;
I Compensatory floodplain storage requirements are included in Section 7.6 of the Modei Ordinance. This section
requires that compensatory storage areas must be graded and vegetated to allow fish passage during flood events
without creating fish stranding sites. Areas of compensatory flood storage should be designed to create floodplain
habitat whenever feasible. Compensatory storage should not be used in areas prone to avulsions because lowering
floodplain elevations or digging pits in these areas may increase the probability of an avulsion.
Habitat Assessment and Mitigation - ]5 - January 2010
- Modification of a stream channel or side channel including bank stabilization measures
and removal ar changes to large woody debris (other than stream restoration efforts); and
- Diversion of water that will change the hydrology of the area
Indirect effects: Indirect effects are also caused by or result from the proposed action, however
they are likely to occur later in time. They may occur outside of the area directly affected by the
action. Indirect impacts include, but are not limited to:
- Disrupting high or low stream flows, including impacts from stormwater runoff;
- Contributing to sedimentation that fills in substrate;
- Blocking a corridor that connects habitat areas;
- Increases in water body temperature and other water quality parameters through removal
of riparian vegetation;
- Disturbance of riparian vegetation (for example, clearing vegetataon to the edge of a
forested riparian area);
- Moving or removing large woody debris;
- Destabilizing banks and modifying channel migration'processes; and
- Modifying wetland areas through"disturbance of adjacent vegetation or modification of
hydrology.
Interdependent and inte"rrelated actions: Determining whether other activities are interrelated
to, or interdependent With, the proposed project shquld`be determined by asking the question:
Would the other activities occur in the absence of the proposed project (i. e., do they depend on
the project for their justiftcation or have no independent utility without the project)? If the
answer to these questions is "no," then the activities are interrelated or interdependent and should
be analyzed with the effects of the' action.
Cumulative effects: Under the ESA, cumulative effects include the future effects of State, tribal,
local, or private actions that arereasonably certain to occur in the action area. Permit officials are
required to review the cumulative effects of a project. If one project has a minimal impact and
looks like it should be approved, there must still be a review of the impact of allowing all
similarly situated properties to construct similar projects. The result of everyone doing what
appears to be a minor project could have a major impact on aquatic and riparian habitat. The
permit applicant should keep this in mind during this assessment.
Habitat Assessment and Mitigation - 16 - January 2010
4.2. Report Format
The outline below is a variation on the NMFS and Corps guidance in Section V. Effects of the
Action in their Consultation Initiation Templates.
A. Direct effects
1. First primary constituent element (e.g., freshwater spawning sites2);
2. Second primary constituent element (e.g., freshwater rearing sites);
3. Third primary constituent element (e.g., freshwater migration corridors);
4. Essential Fish Habitat designated by the National Marine Fisheries Service;
5. Fish and Wildlife Habitat Conservation Areas;
6. Vegetation communities and habitat structures;'
7. Water quality;
8. Water quantity, including flood and low flow depths, volumes and velocities;
9. The channel's planform pattern and,migration processes;
10. Spawning substrate, if applicable; arrdlor
11. Floodplain refugia, if applicable
B. Indirect effects (see the list an the previous page and include consideratiari of indirect
effects to items A.1 through A:11, above, that are applicable to the proposed project.
C. Effects from interdependent and interrelated actions
D. Effects from ongoing project activities (e.g. operations and maintenance)
E. Effects determination
F. Summary
4.3. Effects Determination
An effect determinationneeds to be made for each.identified habitat area. Determinations for
each area can then be used to make an overall project effect determination. For example, if there
are no effects to all the identified habitat areas, then the overall determination would be that the
project would have no effect. However, if some habitat areas are affected, then the project would
be determined to patentially have an effect. In such instances, effects determinations for each
identified habitat area would infarm efforts to mitigate any adverse effects. It is important to
document how the effects determinations were reached.
NMFS, USFWS, and the Corps use the following effects determination criteria:
- No Effect (NE): the project has no effect whatsoever to the listed species or designated
critical habitat.
Z Primary constituent elements are key habitat components for ESA listed species as specified in the Federal
Register at the time of critical habitat designation for listed species. See the discussion on page 10 of this guidance
for further information.
Habitat Assessment and Mitigation - 17 - January 2010
- May Affect, Not Likely to Adversely Affect (NLAA): the effects to the listed species or
designated critical habitat are insignificant andlor discountable. A determination of
NLAA would be made for those activities that have only a beneficial effect with no short
or long-term adverse effects.
- Likely to Adversely Affect (LAA): the effects of the project will result in a short -ar
long-term adverse effects on the identified species or designated habitat area.
If the effects determination is NLAA, the report should indicate what minimization and
conservation measures would help eliminate or minimize the impact. For example, the permit
applicant could time certain construction work to occur when the species are not present in the
project area. If such measures do not eliminate the potential adverse effect(s), then mitigation
measures will be needed in the mitigation plan (steps 5- 6), "
4.4. Assessment Report
If the assessment concludes No Effect (NE) orMay'Affect, Not Likely ' "to,Adversely Affect
(NLAA) (with minimization and conservation rzieasures), then the reportshould be prepared and
submitted to the community's permit office. For NLAA determinations that include
minimization and conservation measures, the assessment must include enough detail to show
how the measures are related to potenrial, project impacts.
The assessment report should include all the in£ormation needed to support the effects
determination and the rationale for reaching,the conclusion(s). It could be organized to follow
Steps 1- 4 as outlined in this document. Tlie level of detail should be commensurate with the
level of anticipated impaets. Projects with significant impacts or potential for significant impacts
(due to project type and/or project`Iocation) require more detailed review and analysis.
If the assessment concludes: Likely to Adversely Affect (LAA) or NLAA and there are no
minimization:or conservation measures inctuded in the project design, then the assessment will
need to, proceed to Step 5.
Preparing the Mitigation Plan
The following sections (Steps 5 and 6) provides guidance on preparing a mitigation plan,
including reference ta other habitat-specific restoration and mitigation guidance materials
developed for the Puget Sound region. The final objective of floodplain habitat mitigation should
be to ensure that there is no adverse effect to habitat, in terms of features, area, and/or function.
Step 6, Task 6.1 of this guidance provides additional guidance on mitigation objectives,
including specific requirements for mitigation within Protected Areas and the Regulatory
Floodplain.
For many development proposals, permit conditions and mitigation actions required to meet
other local and state permit requirements may also provide mitigation for the impacts determined
through Step 4 ofthis guidance. In such instances, permit conditions and mitigation actions may
overlap to serve as mitigation for impacts to floodplain habitats as required by the local flood-
plain management ordinance. The conditions and mitigation proposed, however, must be
Habitat Assessment and Mitigation - 18 - January 2010
sufficient to mitigate for all floodplain habitat impacts in order to meet the objective of no
adverse effect to habitat.
Step 5. Review Mitigation Alternatives (Mitigation Sequencing)
5.1. Avoidance
There are four majar types of alternative mitigation approaches to rectify an adverse effect. They
are listed in order of preference and effectiveness: avoidance, minimization, restoration, and
compensation. They may work independently or in combination. The final objective is to provide
sufficient and appropriate mitigation to compensate for habitat impacts, in terms of features,
area, and/or function.
Avoidance is the preferred approach. It is recommended that a development project stay out
of the Regulatory Floodplain rather than implement'activities needed to mitigate the project's
adverse effect on aquatic and riparian habitat. T'herefore, at this stage, the permit applicant
should give serious consideration to relocating or redesigning the proposed project to avoid
floodplain habitat impacts and the need for a mitigation plan.
The community may want to encourage thepermit applicant to avoid the Regulatory Floodplain
with additional incentives. Puget Sound communities curreritly use many strategies to encourage
conservation of certain areas by allowing for development at a more intense level in other areas.
These are usually provisions of a zoning ordinance or separate development regulations. There
are three approaches, amangst athers, that Puget Sound jurisdictions use to encourage
conservation:
1. Providing density incentives to individual property owners: A density incentive or
density credit system would allow; specified land uses to occur at a more intense level
within a portion of a parcel outside of the floodplain as compensation for conservation of
floodprone areas'within the parcel. For example, if a 20 acre parcel is zoned for one acre
lots and half of the parcel is in the Regulatory Floodplain, the community might consider
allowing the 10 "dry" acres to be developed with half acre lots, allowing the development
to still construct 20 homes. This would allow for a higher density of development in a
portion of the property and'would require the remaining, high habitat value floodplain to
be conserved as a dedicated tract. This strategy is similar to clustering development
methods, such as is often'used in planned unit developments. Under both approaches, the
overall project does not exceed the development density allowed by the zoning district.
2. Transferable development rights: Transferable development rights (TDR) systems have
been in limited use by certain jurisdictions within the Puget Sound region in recent years.
TDR systems allow for the transfer of development density from one parcel of land (with
some conservation value, such as a floodplain or wetland) to another parcel or area that is
planned for higher density development. Implementation and administration of TDR
systems has proven challenging in many circumstances, due to the required coordination
in establishing density receiving and density giving areas, and in negotiating density
Habitat Assessment and Mitigation - 19 - January 2010
credit values. However, a community, regional, or watershed based TDR system may be
a successful strategy for floodplain avoidance.
3. Tax relief far conservation lands: Tax relief is a financial incentive that has proven to
discourage development of sensitive lands. King County has an established system of
providing property tax relief far lands that are established as conservation areas. All
projects must meet certain criteria and approval is not automatic. Such a system could
provide an additional venue to encourage conservation of floodplain lands.
5.2. Minimization
If the entire project cannot avoid the Regulatary Floodplain; it may be that it can be designed to
minimize the areas of impact by keeping more disruptiue parts of the project out of identified
high value habitat areas. For example, while water access may be necessary for the project, the
design might place all buildings and pavements out;of'the riparian habitat zone. Here are some
ideas for this approach: . '
- Site the project footprint away from the higlier value habitat areas.
- Designate buffer areas that are npt disturbed during or after construction (note that
Section 7.4 of the Model Ordihance prohibits disturbing native vegetation in the riparian
habitat zone without mitigation).
- Include vegetation enhancement measures around the site's active use areas.
Many adverse effects,are due to tlie disruption caused by construction. Here are some ideas to
avoid these types of problems
- Perform all work in dry weather and/or during the dry season
- Incorporate erosion and sedimentation cantrol measures
- Use vegetable oil-based hydraulic fluids in all equipment working in water
- Prepare and train crews ;on a spill:prevention and pollution control plan
- Store, `stage, and refuel equipment outside the riparian habitat zone
- Inspect equipment daily for leaks
- Time specific phases of work to occur during "species work windows," when the species
are not present or will not be affected
5.3. Restoration
A project's plans should include restoring or improving areas disrupted by the construction
process. Wetlands, channels, and riparian areas can be repaired or rebuilt after the land clearance,
grading and filling is done. All areas temporarily cleared should be re-vegetated with native
plants.
Habitat Assessment and Mitigation - 20 - January 2010
In some cases, restoration projects can be
improvements to conditions that existed
before the project. The box to the right
provides an example, where a Jefferson
County stream was enhanced during a
bridge replacement project.
5.4. Compensation
Restoration measures can mitigate the
impact of temporary disruption, as when
an area is torn up for construction but
intended to remain as open space. Res-
toration can produce an equal or better
habitat at the same location.
Permanent changes to the land and water
that cannot be avoided will need to be
When the Tarboo Creek bridge was replaced in 2004,
Jefferson County used the opportunity to restore the
stream to be more like it was before earlier bridges were
built. A long, narrow culvert was replaced with a deeper
channel, a wider opening, and woody debris. The former
bridge and high stream velocities impeded travel of some
species of fish, including salmonids. The new
arrangement improves fish passage and carries higher
compensated for. Compensation should flood flows without overtoppinq the road. I~
always produce an equal or better habitat,
even though it will be in a different location (which may or may not be on the owner's property).
It should be noted that the compensation measure must account for the habitat functions and
elements identified in Step 2. Some functions, such'as a freshwater migration corridor, will not
work in a different location.
The applicant should also keep in mind that the area required for compensation is generally
greater than the area of impact. Because of the length of time it takes to successfully create a
stream side channel, wetland, ;or upland floodplain habitat area, greater acreage should be
provided to compensate.for the lost habitat area., (See the Auburn Narrows compensation
example, next page.)
5.5. Select the Best Approach(es)
Selecting the best mitigation approaches for the proposed project is an iterative process. It should
consider avoidance as the preferred choice. If work must be done in a sensitive area, it should
consider the costs of restaratian and compensation. If those costs are too high, avoidance should
be reconsidered.
Selecting the best mitigation approach can and should be done in conjunction with the local,
State, and Federal regulatory offices. Involvement of their knowledgeable staff allows discussion
of the approaches and evaluation of preliminary project designs. This can save a lot of work
designing the mitigation project. Early and periodic meetings with appropriate regulatory
agencies can increase the likelihood of the mitigation plan meeting all regulatory requirements
and can reduce potential costs and schedule delays during the approval process.
Habitat Assessment and Mitigation - 21 - January 2010
- ESA Adolfson
Step 6. Prepare the Mitigation Plan
6.1. Objective
As noted in Step 5, the objectiveof the mitigation plan is to assure that sufficient and appropriate
mitigation is prQVided to compensate for habitat impacts, in terms of features, acreage, or
function. lf the assessment cannat' conclude that the project will have No Effect (NE) or May
Affect, Not Likely to Adversely Affect (NLAA), then the mitigation plan needs to identify
activities that will result inNE or'NLAA. The plan document needs to be of sufficient detail to
demonstrate how this is done, using avoidance, minimization, restoration, and/or compensation
measures. '
Objectives for mitigation are differentiated for those impacts occurring within Protected Areas
and those impacts occurring within the remainder of the Regulatory Floodplain. Mitigation
within the Protected Area must include such avoidance, restoration, and/or compensation
measures as needed to ensure that there is no adverse effect to habitat function due to the project.
The fourth type of mitigation alternative, minimization measures, are not allowed in the
Protected Area, unless they, in combination with other measures, result in no adverse effect to
habitat function (Model Ordinance Section 7.8.A.2).
Habitat Assessment and Mitigation - 22 - January 2010
Auburn Narrows floodplain restoration project along the Green River, King County. This project was
funded by a developer of a nearby site in order to compensate for the adverse effect of a floodplain
development. The project included creation of side-channel habitat, off-channel habitat, and riparian
habitat.
The following are strategies by which the mitigation objective for Protected Areas may be
achieved:
- Doubling or tripling the area of compensatory mitigation to increase the mitigation ratio
(area of habitat impacts : area of compensatory mitigation provided).
- Identifying additional areas of previously degraded habitat within the project area and
developing and implementing a plan to restore them.
- Implementing restoration actions which are targeted as a high priority by an adopted and
approved species recovery plan, when such actions are identified within the site and/or
within the same basin or reach area, and approved by laeal, state, and federal permitting
agencies.
For all mitigation, the final plan (construction level detail) should not be drafted until the local
permitting office(s), in coordination with state and federal agencies, as necessary, has agreed that
the conceptual mitigation plan would meet the o,bjective. Coordination with local permitting
officers will ensure that the scope of the planned rnitigation will be cornrrtensurate with the scale
of the impacts and will meet the objectives identified above.
6.2. Format
Many communities have tried and true formats for environmental assessments. It may be easier
for all involved to keep to that format. Otherwise, Chapter 2 of Wetland Mitigation in
Washington State Part 2: Developing Mitigation Plan.s has detailed guidelines on what to
include in a mitigation plan. There is a recotnmended outline in Appendix C of that publication
which is geared to larger projects involving complex habitat impacts and mitigation. Smaller less
complex projects involving small impacts may not require all the information in the outline
because it may not be relevant ar applicable.
Here is an example rnitigation plan outline;
1. Intro,duction, background, etc. -
2. The praject area, with map (taken fxom Step 1 of the assessment)
3. The project area's habitat, with map (taken from Step 2 of the assessment)
4. Project description (taken from Step 3 of the assessment)
5. Impact on habitat (taken from Step 4 of the assessment)
6. Alternatives considered (taken from Step 5, this should note why some alternatives,
especially avoidance, were not selected)
7. Mitigation concept (an overall explanation of the measures)
8. Construction measures
a. Grading plan, with existing and post-construction topographical maps
b. Construction methods (e.g. equipment to be used)
c. Construction schedule
Habitat Assessment and Mitigation - 23 - January 2010
9. Permanent measures
a. Surface water management
b. Vegetation plan
c. Permanent buffer areas
d. Etc.
10. Post-construction monitoring and maintenance plan
11. Bond arrangements
6.3. Minimum Standards
At a minimum, the mitigation plan's components 7, 8,
mitigation guidance requirements of the Seattle Distric
Mitigation in Washington State Part 2: Developing N
d 11 should be consistent with the
:orps of Engineers and Wetland
Plaiis (see Reference section)
and with the community's critical areas regulations. If there are
requirements, the standards that provide the higbest level of env
greatest likelihood of mitigation success take precedence.
Reviewing Habitat Assessments and Mitiga
This section provides guidance for the loeal p
to ensure that habitat assessments and mitigat
company and meet the intent of the Model Or
Establishing a List of Qualified Consul-
tants: The community could providea list
of qualified consultants to developers and
land owners who have experience in the
area. Another strategy for ensuring that
qualified consultants are used.could include
developing qualification criteria for authors
of habitat assessments and mitigation plans;
see the box to the right for an example of
one community's criteria. Public Comment Period: After habitat
assessments and mitigation'plans are
submitted, the permitting official may
ies between these
irotection and the
pfficial. 'Ihe following strategies may be used
[ans are prepared by a qualified individual or
ice and this guidance.
Example Qualification Criteria
The following qualification criteria could be used by a
community to ensure that habitat assessments and
mitigation plans are prepared by a qualified consultant:
Reporfs and plans shall be prepared by persons who
have a minimum of a bachelor's degree in wildlife or
fisheries habitat biology, or a related degree in a
biological field from an accredited co!lege or unrversity
with a minrmum of four years experience as a
practicing fish or wildlife habitat biologist.
When used, qualifying criteria should include specifica-
tions for all wildlife, fisheries, habitat, and environmental
professionals that could be relied upon to address the
broad array of habitats and conditions that occur in
floodprone areas.
require a public comment period before
assessment conclusions and/or mitigation plans are approved. This approach could include a
requirement that public notice be posted in a publication of record. The intent of the public
comment period would be to ensure that interested third parties would have ample opportunity to
review and comment on proposed projects. This could alert the local permit official to issues or
impacts not adequately addressed by an assessment or mitigation plan.
Habitat Assessment and Mitigation - 24 - January 2010
Third Party Review: The community may establish a system of third party review(s) by
qualified consultants or agencies. Third party review is frequently implemented by local
jurisdictions in the Puget Sound region for other environmental permits and approvals. The cost
of third party review could be passed on to the applicant. This may require establishment of a
third party review system in the ordinance.
Establishing a system of third party review could augment internal review within the local
jurisdiction. Another option for certain jurisdictions could be formalizing a system of internal
review where qualified staff would determine the adequacy of submittal materials.
Review Checklists: Permit staff could develop a review cheeklistfor assessment and mitigation
plan submittals. A checklist would likely need to be tailored to specific types of development
activity due to the site- and habitat-specific nature of habitat assessments and mitigation plans.
Habitat Assessment and Mitigation - 25 - January 2010
References and Resources
Federal and State Regulations
"Endangered Species Act - Section 7 Consultation, Final Biological Opinion," National Marine
Fisheries Service, September 22, 2008
Model Ordinance for Floodplain Management Under the National Flood Insurance Program
and the Endangered Species Act, FEMA 2010.
NFIP Floodplain Management Requirements A Study Guide * Desk Reference for Local
Officials, FEMA 480, 2005, www.fema.gov/library/viewReco'`rd.do?id=1443
Mitigation guidance and JARPA Permit information, Army Corps of
http://www.nws.usace.army.mil/PublicMenu/Menu,cfin?sitename=RE(',&pagename=Forms
CRS Credit for Habitat Protection, FEMA, 2010, http://training.fema.gov%EMIWeb/CRS/
Maps and Databases
Critical habitat maps:
- NMFS: http://www.nmfs.noaa.gov/pr/speciesfcriticalhabitat.htm
- US Fish and Wildlife Service: http:!/criticalhabitat.fws.gov/Forest Water Typing System: Washington Department of Natural Resources
www.dnr.wa.govBusinessPermitsfl'opics/ForestPracticesApplications/Pages/fp_watertyping.aspx
A FramewoNkfor Delineating Channel Migratidn Zones. Washington State Department of
Ecology and Washington Sfate Department of Transportation, Ecology Publication # 03-06-027,
2003. http:l/www.ecy.wa.gov/biblio/0306027.htm1
National Wetlandlnventory maps for the Puget Sound Region, U.S. Fish and Wildlife Service,
http://www.fws.gov/wetlands/
Priority Habitats and Species (`FHS) Database, Washington Department of Fish and Wildlife,
http://wdfw.wa.gov/hab/phslist.htm
Washington Natural Heritage Database, Washington Department of Natural Resources,
http://www.dnr.wa.gov/Research Science/Topics/NaturalHeritage/Pages/amp_nh.aspx
Washington State Soil Survey data, see the USDA Natural Resource Conservation Service maps
or online Web Soil Survey, http://websoilsurvey.nres.usda.gov/app/
Engineers, Seattle District.
Habitat Assessment and Mitigation - 26 - January 2010
Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for
Floodplain Management under the National Flood Insurance Program and the Endangered
Species Act, FEMA Region X, 2010, www.fema.gov/about/regions/regionx/NFIP_ESA/
hydrologicandhydraulicstudies.pdf
Water Quality and Quantity
How to Meet Ecology's Construction Stormwater General Permit Requirements: A Guide for
Construction Sites, Washington State Department of Ecology, 2008,
http://www.ecy.wa.gov/biblio/9937.html
Standards for freshwater surface water quality in Washington State, Department of Ecology
http://www.ecy.wa.gov/programs/wq/swqs/criteria.htmi
Stormwater Management Manual for Western Washington, Washington State Department of
Ecology, 2005, http://www.ecy.wa.gov/programslwq/stormwater/manual.html
Washington State Water Quality Assessment, Washington State Department of Ecology,
http://www.ecy.wa.gov/programs/wq/303d/2008/index.html
Water level data:
- US Geological Survey: http://wa.water.usgs.gov/datal
- Washington Departrnent of Ecology:
http://www.ecy.wa.gov/pragrams/eap/flouv/shu_main.html
Mitigation Engineering with Nature - Alternative Techniques to Riprap Bank Stabilization, FEMA Region
X, 2009
Floodplain and riparian corridors: Washington Department of Fish and Wildlife (Bolton and
Shelberg, 2001) http://wdfw.wa.gov/hab/ahg/floodrip.htm)
Habitat Conservation Planning Handbook, US Fish & Wildlife Service and National Marine
Fisheries Service, 1996,`http://www.fws.gov/endangered/hcp/hcpbook.html
Land Use Planning for Salmon, Steelhead, and Trout: A Land Use Planners Guide to Salmonid
Protection and Recovery, Washington State Department of Fish and Wildlife and Washington
State Department of Ecology, 2009, http://wdfw.wa.gov/habitat/plannersguide/index.html
Management Recommendations for Washington's Priority Habitats: Riparian, Washington
Department of Fish and Wildlife, 1997; http://wdfw.wa.gov/hab/ripxsum.htm
Protection and Restoration of the Nearshore Ecosystems of the Puget Sound, Puget Sound
Nearshore Partnership, 2004, http://www.pugetsoundnearshore.org/technical_reports.htm
Habitat Assessment and Mitigation - 27 - January 2010
Stream Habitat Restoration Guidelines, Washington Department of Fish and Wildlife, 2004,
http://wdfw.wa.gov/hab/ahg/shrg/index.htm
Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans, Washington
Department of Ecology, US Army Corps of Engineers, and US Environmental Protection
Agency, 2006, http://www.ecy.wa.gov/biblio/0606011b.html
Additional References
Invasive species information: Washington State Noxious Weed Control Board.
http://www.nwcb.wa.gov/weed-list/weed-list.htm
Low Impact Development, Puget Sound Partnership. Available:
www.psp.wa.gov/stormwater.php
Landscape Planning for Washington's Wildlife: Managing for Biodiversity of Developing Areas,
Washington Department of Fish and Wildlife, 2009, http://wdfw.wa.gov/hab/phsrecs.htm
Habitat Assessment and Mitigation - 28 - January 2010
Regional Guidance for
Hydrologic and Hydraulic Studies
In support of the Model Ordinance for
Floodplain Management and the Endangered Species Act
2010
`)t~~C3d~tr~,
FEMARegion 10
Regional Guidance for
Hydrologic and Hydraulic Studies
in support of the
Model Ordinance for Floodplain Management
under the National Flood Insurance Program
and the
Endangered Species Act
Produced by FEMA - Region 10
January 2010
r
FEMA
Region 10
For additional information or copies of this guidance:
Federal Emergency Management Agency
Attn: Mitigation Division
Federal Regional Center, Region 10
130 228th St. SW
Bothell, WA 98021-9796
(425) 487-4600
www. fema.gov/regionx/nfipesa. shtm
NFIP-ESA H&H Guidance - ii - January 2010
Contents
Introduction 1
B ackground 1
Hydrologic and Hydraulic Study Guidance 1
Future Conditions Floodplain Studies 3
Background 3
Types of Future Conditions 4
When to Analyze Future Conditions 6
Future Conditions Hydrologic Analysis 7
Future Conditions Hydraulic Analysis 7
Future Conditions Summary 8
CRS Credit for Future Conditions Mapping 8
Hydraulic Models 10
Current Models 10
Regional Guidance . 11
CRS Credit for Hydraulic Modeling 12
Channel Migration Zones 13
Background . . 13
$iological Opinion Requirements
Regional Guidance
CRS Credit for Mapping Channel Migration Zones
Appendix A. References
Appendix B. Flow Control-Exempt Surface Waters
13
14
16
A - 1
B - 1
NFIP-ESA H&H Guidance - iii - January 2010
Acknowledgements
This guidance document was developed by Region X of the Federal Emergency
Management Agency, as part of its continuing effort to improve floodplain
management practices and assist communities in meeting the requirements of the
Endangered Species Act.
It was prepared with the advice and assistance of a special advisory committee
that included representatives from:
- City of Lacey
- Lummi Nation
- City of Monroe
- Pierce County
- San Juan County ;
- Snohornish County
- City of Tukwila
- Washington State Department of Ecology
- Whatcom County
- The National Marine fisheries Service
While sorne comments were not incorporated, the reviews of each agency in a
common endeavor to make'this a useful guidance tool are appreciated.
This document was drafted by French & Associates, Ltd., Steilacoom, ESA
Adolfson, Seattle, and PBS&J, Seattle, through an arrangement with the Insurance
Services Office and the Community Rating System.
NFIP-ESA H&H Guidance - iv - January 2010
Introduction
Background
This Regional Guidance is written for communities in the Puget Sound Basin to assist them in
meeting the requirements and criteria of the Endangered Species Act (ESA) as clarified in the
Biological Opinion issued by the National Marine Fisheries Service on September 22, 2008. The
primary audience for this guidance is engineers and other technical staff involved with mapping
flood hazards.
This guidance was prepared with input from local officials, engineers, natural resources
scientists, and planners. It will assist local officials and developers determine the most
appropriate ways to prepare flood hazard data that meet the requirements of the National Flood
Insurance Program (NFIP) and the ESA.
This document is designed to support the NFIP=ESA Model Ordinance, which was also prepared
by FEMA Region X.
Hydrologic and Hydraulic Study Guidance
FEMA develops flood data and publishes flood hazard maps to support the NFIP. The data are
summarized in Flood Insurance Studies and the maps are known as Flood Insurance Rate Maps
(FIRMs). These products define the Special Flood Hazard Area (SFHA), which is the area
predicted to be inundated by a flood having a 1-percent probability of being equaled or exceeded
in any given year (also referred to as the 100=year ftood or base flood). The SFHA designates the
minimum area that a community in the NFIP must regulate. The "Regulatory Floodplain," as
defined in the model ordinance, is the SFHA plus those areas of riparian habitat and channel
migration areas that eXtend beyond the SFHA.
There are normally three major phases to a FEMA flood study of a stream or river:
1. Assess the flows (usually involving a hydrologic study)
2. Determine flood elevations and the floodway (via a hydraulic analysis)
3. Map the floodglain (SFHA) and floodway
Flood studies conducted for the NFIP are prepared by mapping partners, including state and
regional agencies and local governments. FEMA's mapping criteria are spelled out in Guidelines
and Specifications for Flood Hazard Mapping Partners (called Guidelines and Specifications in
this document), which are available at http://www.fema.gov/plan/prevent/fhm/gs_main.shtm.
Guidelines and Specifications includes technical appendices which are updated as necessary. The
primary technical appendix that relates to the issues discussed in this Regional Guidance is
Appendix C: Guidance for Riverine Flooding Analyses and Mapping (FEMA, 2002).
NFIP-ESA H&H Guidance - 1- January 2010
This Regional Guidance is intended to supplement existing guidance for communities who wish
to prepare studies in consideration of special ESA provisions for Washington State as explained
in the Biological Opinion. The Biological Opinion identified three specific areas where study
techniques need to be adjusted to provide better hazard data:
- Use foreseeable future land use changes to establish future base flood elevations,
- Use unsteady one-dimensional or two-dimensional hydraulic models to analyze complex
riverine systems when applicable, and
- Include the channel migration area as part of the regulatory floodplain.
These three subjects are covered in the following three sectie►ns. Communities are not required to
use this guidance and it does not define the only approaches to fpllow. However, communities
that do follow this guidance will meet the ESA requirements as spelled out in the Biological
Opinion, and have a more effective program to reduce the dangers and damage caused by floods
and migrating stream channels.
Each section also includes a discussionof how each of the three, major elements of
this guidance relate to potential Community Rating,System (CRS) credits. More
NfIP/CRS
information on the CRS can be found in Appendix D of the NFIP-ESA`Model
Ordinance and at http://www.fema.gov/b`usiness/nfip/crs.shtm.
NFIP-ESA H&H Guidance - 2- January 2010
Future Conditions Floodplain Studies
Background
Flood Insurance Rate Maps serve several purposes:
- They guide local floodplain management programs,
- They establish insurance premium rates, and
- They are used to determine when a flood insurance
mandatory purchase requirement.
After a review of the legal issues, FEMA's counsel
purposes need to be based on the current conditions
report, Modernizing FEMA's Flood Hazard Mappir
Future-Conditions Hydrology for the National Floo
icy is required under the
FIRMs used for the last two
In 2001, FEMA issued a
?commendations for Using
ogram. That report noted:
As discussed in Flood Insurance Study Guidelines and Specifications for Study Contractors "(FEMA
37, January 1995), flood hazard determinations should be based on conditions that are planned to
exist in the community within 12 months following completion of the draft Flood Insurance Study
(FIS) report. Examples of future canditions to be considered in the context of FEMA 37 are public
works projects in progress, including channel modifications; hydraulic control structures, storm-
drainage systems, and other flood protection projects. These are changes that will be completed in the
near future for which completion can be predicted with a reasonable degree of certainty and their
completion can be confirrned priar to the NFIP map becoming effective....
The current procedure for flood insurance rating is that structures shown within the existing
conditions 1-percent-annual-chance'(100-year) floodplain are subject to a mandatory purchase
requirement. Due to statutory constraints at this time, FEMA can not use future-conditions data for
flood insurance purposes. Therefore, there will be no change in the use of existing conditions data for
establishing flbod insurance rates. Through community participation in the CRS, reduced flood
insurance rates are available for those communities that enforce more stringent regulatory standards
than=required by the NFIP, [pages 2-3, 5]
While the SFHA on a FIRM cannot be based on future conditions, local floodplain management
programs are welcome to use future conditions maps, as long as the regulatory floodplain is at
least as large as the currently effective SFHA. In fact, Recommendations for Using Future-
Conditions Hydrology concludes with a recommendation that FIRMs display the future
conditions floodplain for infarmational purposes. This has been done where requested by the
community.
The 2008 Biological Opinion stated:
The FEMA will also revise map modeling methods to consider future conditions and the cumulative
effects from future land-use change, to the degree that such information is available (e.g. zoning,
urban growth plans, USGS Climate study information). Future conditions considered should include
changes in the watershed, its floodplain, and its hydrology; climate change, and other conditions that
affect future flood risk. The FEMA shall ensure that jurisdictions use anticipated future land use
changes when conducting hydrologic and hydraulic calculations to determine flood elevations. [page
158]
NFIP-ESA H&H Guidance - 3- January 2010
This section shows how the Biological Opinion requirements can be met within FEMA's current
mapping guidance.
Types of Future Conditions
The term "future conditions" has a number of possible meanings in the context of mapping flood
hazards. From a flood study perspective, there are two general types of changes that can be
expected to occur in the future:
- Changes in the amount of rain and snow that feed floods (climate change), and
Changes in the watersheds that absarb the rain and snowmelt (land-use changes)
Changes in precipitation: Changes in precipitation due to clirnate change are possible. Climate
varies at many timescales, from daily cycles to the.glacial-interglaczal patterns that occur over
many thousands of years. Changing climate pat~~itts can be difficult'to discern because of
significant year to year variation and the short 6bse'ivational record.
Flood studies are necessarily dependent on past
precipitation and flow records, which do not provide '
N,aiurai GroeYnd Cover information on flows generated under different climatic
conditions. Therefore, existing information is nat clear as to how to alter peak flow predictions to account for a ch,anging ` Ke
climate (see for example Brekke et al., 2009Elsner et=al.,
2009, Rosenberg et al., 2009). Further, the magnitude of 25
W 25%
changes in peak flows due to changing climatic cantlitions
is expected to be much smaller than changes resulting from 10-20% Paked Surfaces
alterations to land use, described below. Therefore, no
specific consideration of changes in peak flow due to'
climate change is ineluded in this guidance. ~~n«
21%
FEMA is curxently developinga report that will assess how 36-SWN~ pa,~~~~~faces a changing climate will affect the NFIP. The report will WAR60.17kAII&I
include estimates of how climate change could impact inland floodplains and coastlandc,° The report's findings will
be incorporated into future versions of this guidance.
These graphics show the relative
increase in runoff from a watershed
Changes in the watershed: Changes in land use and land as it is urbanized and the amount of
cover (e.g., conversion of forest or agricultural land to urban impervious surfaces increase.
land uses) can have significant impacts on the volume of - lvAt Toolkit, ASFPM, 2003
surface water runoff resulting from a given precipitation
event. Changes in land cover typically increase peak flows
by greater than 50 percent in small Puget Sound watersheds, and change the timing of peak flows
(see the graphic, Booth et al., 2002, Grant et al., 2008).
NFIP-ESA H&H Guidance - 4- January 2010
Forest harvest patterns in managed forest land can also influence runoff patterns. Harvest
patterns include re-growth, so it is assumed that future change from these processes is limited,
since the bulk of these impacts are already accounted for in past flow measurements.
Land-use and land-cover changes in the watershed are anticipated to have the most significant
impacts on peak flows. Therefore, the technical aspects of this guidance are focused on
anticipating and planning for flows generated from a more developed landscape.
Other physical changes in the floodplain include infrastructure changes, such as bridge
replacement, or land use conversion. If such changes are happening or scheduled within 12
months of a flood insurance study being undertaken, FEMA already requires their inclusion in a
new flood study.
Development in the floodplain also has the potential to result in cumulative affects on flood
storage. Far example, if the fringe is filled, the base'flood elevation could rise by up to one foot.
To comply with the Biological Opinion, communities will need to prevent filling of the
floodplain or include mitigation measures such as compensatory storage'so that man-made
changes in the floodplain do not affect future flows. In addition low impact development
techniques are required for any development allowed within,the floodplain. Therefore,
development within the floodplain should not have an impact on downstream flood peaks.
On the other hand, there could be natural ehanges in the floodplain that are not necessarily
addressed in Guidelines and,Specifications. Local critical area regulations encourage preserving
the natural and beneficial functions of the floodplain. As riparian plant communities develop,
they may provide greater rougfiness along the channel banks and overbank areas, increasing
flood elevations in those areas.
Restoration projects, including levee setbackprojects, have the potential to change flooding
patterns. If an analysis finds that they do affect base flood elevations or the floodway or SFHA
boundaries, a CLOMR from FEMA is required. As more projects are completed, they may have
a cumulative impact on flood elevations. However, due to their expense, the few restoration
projects that have been compleYed cover relatively short reaches. The distribution and effects of
such future projects are difficult to predict. This Regional Guidance does not provide a
mechanism to capture this type of;future condition.
Conclusion: Development in the watershed has a predictable and measurable impact on the
flow regime. This guidance recommends that communities evaluate changes to the base flood
from expected future watershed development based on the development patterns laid out in their
local long range land use plans. At the request of the community, FEMA will reflect the results
of the community-initiated future conditions study on FIRMs when they are revised. The
flooding extent determined by future conditions analysis and mapping can be depicted as a
shaded X Zone on the FIRM, instead of the 500-year floodplain.
NFIP-ESA H&H Guidance - 5- January 2010
When to Analyze Future Conditions
There are two situations where it is not necessary to analyze and map future conditions:
Larger rivers: In general terms, the larger the river system, the less potential impact there
will be from changing land cover (see for example Grant et al., 2008, Herrera, 2004).
These larger systems where future conditions analysis is not required are the "flow
control-exempt" water bodies listed in the Washington State Department of Ecology's
Stormwater Management Manual for Western Washington. The list of these waters is in
Appendix I-E of the Ecology manual and Appendix B of this Regional Guidance. The list
should be updated in future versions of the Ecology rnanual.
2. No change expected: Future conditions do notneed to be investigated in areas where the
contributing basin has already been developed arid these conditions are reflected in
existing floodplain mapping. For instancez if tli'e contributing vvatershed is in, and is
expected to remain in agriculture or managed forest, these basins do not need to be
analyzed for future conditions.
It is most important to capture future conditions for smaller streams that are located in or near
areas that are likely to urbanize, such as in or near a city or its urban growth area. For smaller
watersheds that are currently undeveloped or only partially developed, it is important to
investigate potential changes in peak flows when more than fourpercent of the overall watershed
will become effective impervious surface (Booth et al:, 2002). As ageneral rule, future
conditions hydrology should be determined for all cases where over ten percent of a stream's
contributing basin is eonverted fram existing forest lands or has an increase in impervious
surface.
These criteria aresummarized in Table 1.
'
Analyze future
Situation
conditions
hydrology?
Study is for a large, flow control-exempt, water body
No
The watershed is developed up to the levels shown in the land
use or comprehensive ptan
No
The watershed is managed forest or agriculture with no potential
for conversion
No
> 4% of the watershed will become effective impervious surface,
or a>10 % increase is likely if existing condition is >4%
Yes
All other situations
Yes
Table 1. When to analyze for future conditions
NFIP-ESA H&H Guidance - 6- January 2010
Future Conditions Hydrologic Analysis
To develop a reasonable estimate of the future conditions 1 percent annual chance flow, it is
necessary to rely on rainfall runoff simulations with altered land use conditions. Gauge analysis
has the benefit of using measured data, but the data only reflect past land use, not the future.
All of the currently accepted hydrology models for peak flow determination (available at
http://www.fema.gov/plan/prevent/thm/en_hydroshtm) can be used to estimate future conditions
by changing land cover/use parameters. Some models, such as HSPF and SWMM, will be more
amenable to this type of analysis than others. All runoff models should be calibrated to past flood
events before they are used for base flood determination.
Future land use conditions can be developed using cornprehensive plans developed by
communities to comply with the Washington Growth Nlariagement Act. These plans specify the
type of land uses and, sometimes, percentage of lot caverage allowed during a foreseeable
planning horizon, such as 20 years.
It is recommended that a conservative assumption be used that all of the areas in the watershed
will be developed as planned. This information can be used in the hydrologic model's land use-
to-land cover relationships to describe a build-out condition within the watershed.
Stormwater management regulations usually`require stormwater management facilities that will
minimize the impact of development on runoff. The 2005 Ecology manual requires that post-
development flow quantities be managed using flow frequencies ranging from 50 percent of the
2-year recurrence interval flow to the 50-year recurrence intervaLflow.
The influence of stormwater management facilities on the 1 percent annual chance flood is
considered to be negligible for the fallawing reasons:
- They are required to have ouerflows sufficient to pass the post-development 100-year
flow,
- They can fail due to extreme flood conditions or deficiencies in design, installation, or
maintenance,
- Basic retention and detention regulations don't address timing, so there's no assurance
that future flooding will not be increased by the facilities, and
- The basic analytical teohnique is to ignore all private facilities because of long-term
maintenance issues. `
Future Conditions Hydraulic Analysis
No changes to the existing hydraulic analyses techniques are necessary to develop future
conditions floodplain mapping based on land use changes as described above. The same models
and approach used for existing conditions can continue to be used with different flows developed
in the hydrologic analysis, with the exception of anticipating development of vegetation.
NFIP-ESA H&H Guidance - 7- January 2010
Future conditions discharges are input into the hydraulic model to determine the future-
conditions flood hazards. Certain hydraulic parameters may also need to be adjusted based on
expected land-use and land-cover changes, as determined by the community.
Vegetation: It is a good floodplain management practice to consider the continuing
establishment of riparian vegetation along channel banks and in the floodplain. This
development could have significant influence on the study's roughness coefficient. For example,
using values from Chow, 1959, a central roughness coefficient (Manning's n) for cultivated land
with no crops is 0.030, and a central value for medium to dense brush in winter is 0.070 (in
Sturm, 2001). The influence of the roughness coefficient on velocity calculations is linear, so
doubling this value will certainly influence the hydraulic caleuiatio'ns, the resulting base flood
elevation, and the extent of flooding.
Future conditions hydraulic modeling should consider the potential~for riparian and floodplain
vegetation to establish and continue to develop. Ttierefore, future conditions can assume a full
riparian forest community (e.g., >50 years old).'.,Agricultural areas can be considered to remain in
production and do not require adjustments.
Not all areas will be allowed to develop to full riparian forest: If a community has an operations
and maintenance plan (ar similar) that irieludes vegetation rnaintenance (e.g., to comply with
PL84-99), then future vegetation development needs to be as prescribed in the plan.
Future Conditions Summary
Communities should; analyze the future conditions flood hazards,by using the rainfall runoff
models and hydraulic rnodels desctibed in Guidelin'es and Specifications. Future conditions are
generally impacted by changes to the land cover conditions. These estimates should be predicted
by local land use or comprehensive pians. In summary;
• The use of standard rainfall runoff models with changed land cover conditions to
simulate future waCershed develqpment should be encouraged to predict future peak
flows and base flood elevations.,These estimates should assume full build out as
predicted by local land use plans.
• Modelers should also cansider increasing roughness coefficients within the hydraulic
analysis to simulate the continued growth of vegetation within the study area.
CRS Credit for Future Conditions Mapping
~
NFIP/CR$
The Community Rating System (CRS) is summarized in the separate publication,
CRS Credit for Habitat Protection and explained in more detail in the CRS Coordinator's
Manual. Credit toward reducing flood insurance premiums is provided in communities that
implement floodplain management measures that are above and beyond the minimum require-
ments of the National Flood Insurance Program.
NFIP-ESA H&H Guidance - 8- January 2010
As discussed above, floodplain management regulations using a floodplain map based on future
conditions is above and beyond the guidance in FEMA's Guidelines and Specifications for Flood
Hazard Mapping Partners. This can be credited by the CRS, provided:
- The hydrologic and hydraulic study techniques used are recognized in Guidelines and
Specifications. A technique that is not discussed there may be submitted to the FEMA
Regional Office for consideration for CRS credit.
- The study and floodplain map is adopted for use in the community's development
regulations. New buildings constructed in the regulatory floodplain must be protected to
the future condition's base flood elevation.
- A community may submit the study to FEMA for incorporation into the next scheduled
DFIRM update for that community.
- At each CRS cycle verification visit (generally every five years), the community must
document whether its regulatory floodplain data still reflect future conditions. For
example, a study based on a 20-year land use plan prepared in 1995 will no longer reflect
future conditions in 2015.
Regulatory floodplain maps based on future conditioris hydroiogy are credited under Section
411.c. "Future conditions hydrology" is defined in the CRS Coordinator's Manual as changes in
watershed land use as discussed in the previouspages. If another technique is used to reflect
future conditions, an appropriate explanation can be submitted for consideration.
The amount of credit is based on the type of FIRM zone and the amaunt of the Special Flood
Hazard Area shown on the FIRM that is affected by the new study.
NFIP-ESA H&H Guidance - 9- January 2010
Hydraulic Models
Several elements of the Biological Opinion address the selection of appropriate hydraulic
analysis techniques. This section reviews how this can be done.
Current Models
FEMA maintains a list of currently accepted hydraulic models for use in floodplain delineation
on its website at: http://www.fema.gov/plan/prevendfhm/en_hydra.shtm. The currently accepted
hydraulic models for floodplain mapping fall into one of three general categaries: steady one-
dimensional (1D), unsteady 1D, ar unsteady two-dimensional' (2D). Key features of each type of
model are shown in Table 2.
The importance of proper engineering judgment
model is underscored throughout Appendix C to
should continue to be the primary factor driving
rmining themost appropriate hydraulic
'ines and Specications. This judgment
selection.
Model
Type
Description
Geometry
Advantages
Disadvantages
Steady 1 D
Unchanging flow
Cross section
• Easiest to set up.and run
• Simplifies flow processes
assumed to travel
. Efficient mapping tool
to 1 D unchanging in time
entirely in the
• Does not capture
downstream direCtion
complex overbank flow
processes
• Does not address
overbank storage
Unsteady
Changing flow (e.gi,
Cross section
. More accurate timing of
• Simplified flow processes
1 D
inflaw hyd[ograph)`
peak; especially where
to 1 D
assurned to travel
multipfe sources of water
. Requires specific data
entirely in the dawn-
converge
input to represent
stream direction
. Overbank and structure
significant water flux into
flows can be simulated
and out of overbank
using approximations at
storage areas
locations entered by the
. Less stable than steady
user
models
• Takes floodplain storage
. Requires additional data
into account
development,
hydrographs
Unsteady
Changing flow
3D Digital
. More realistic simulation of
• More data intensive to
and steady
assumed to travel
elevation
complex flow patterns
build DEM
2D
both downstream and
model (DEM)
(e.g., strongly meandering
. More prone to instability
laterally across the
streams, overbank flows
channellfloodplain
,
flow compression at bridge
. Needs h dro raph for all
9
piers)
major tributa
es
Table 2. General characteristics of the three common types of hydraulic models
NFIP-ESA H&H Guidance - 10 - January 2010
Another consideration for the selection of models is the level of precision that is required for the
results. In many instances, a less precise hydraulic method will still provide sufficient detail for
mapping floodplains, especially if appropriately conservative assumptions are made during the
modeling and mapping steps.
Regional Guidance
Guidelines and Specifications suggests the use of steady 1D models, except when conditions are
too complex for these models to provide satisfactory answers. More complex hydraulic
approaches are used when there is reason to believe that a steady 1D model will not produce a
reasonable estimate of the base flood elevation. This guidance ean"be found in Section C.3.4 of
Guidelines and Specifications.
This Regional Guidance provides more specific
intended to supersede the technical requirement
revised Appendix C to Guidelines and Specificc
br applying different models, but is not
lying a specific model provided in the
:a 11 ;lm.. - U 141W> .
An unsteady 1 D model was used by the Corps of Engineers to develop flood mapping for the Upper
Chehalis River. The Chehalis valley near Chehalis and Centralia is a hydraulically complex area that
includes the confluences of several major tributaries and significant floodplain storage volume. One
product is this map showing flood depths. The use of an unsteady 1 D approach in this location has
additional benefits in terms of supporting the design and analysis of potential flood mitigation
measures.
- NHC
NFIP-ESA H&H Guidance - 11 - January 2010
Assessing the hydraulic aspects of the channel and floodplain: Several elements of the
Biological Opinion focus on requiring that the NFIP include measures to avoid, minimize, and
mitigate potential impacts to floodplain storage and physical habitat provided within the channel
and floodplain system. It calls for more complex hydraulic analyses to support the identification
of impacts and the determination of appropriate mitigation. Unlike steady-state hydraulic
models, unsteady-state models account for floodplain storage. In situations where storage is a
concern, unsteady-state models should be considered. The application of an unsteady 1D model
will assist in:
- The identification of upstream and downstream im
floodplain alterations, and
- The development of appropriate and effective miti;
Some hydraulic systems are best represented by a E
- Locations with uncertain and potentially;cli~- Bridges or other locations where flows expE
- Estuaries with flow reversals
For example, the use of a 2D model is comrnon for
design of fish habitat improvement projects. Flow :
component which cannot be captured with a lD ap]
more appropriate choice to eapture post-pr4ject cor
include the use of enginee'redlog jams to create m,c
~ CRS Credit far Hydraulic Modeling
(RS credit is available for some higher
provided where it is standard praetice to use annrot
stage, velocity, duration) of
measures.
include:
e flow paths >ignificant lateral flow compression
nalyses at bridge piers and for the
iing bridge piers has a strong lateral
Similar,ly, a 2D model will be the
for habitat restoration projects that
standards. However, this credit is not
hydraulic analysis techniques for a
NFIP-ESA H&H Guidance - 12 - January 2010
Channel Migration Zones
Background
Dynamic physical stream processes can
cause channels to move or "migrate" over
time. The area within which a river
channel is likely to move over a period of
time is referred to as the channel migra-
tion zone (CMZ). Channel migration is a
severe hazard that converts normally dry
ground to a river bed, often by undercut-
ting and destroying buildings, roads, and
infrastructure. The hydraulic models
approved in Guidelines and Specifica-
tions do not reflect possible changes in
the channel bed during floods.
The NFIP-ESA Model Ordinance uses (I Washington, January 2007 I
the term "channel migration area," which
is defined as the mapped CMZ plus SQ feet. That is the area subject to the regulatory
requirements of the ardinance. This Regional Guidance deals with the hydrologic and hydraulic
aspects of mapping the CMZ. Once the CMZ is mapped, the area'subject to regulations can be
quickly delineated.
While a CMZ does nat aecount for dynamic changes in the channel bed during floods, it does
delineate areas subject to the hazard. The CMZ is not mapped as part of a Flood Insurance Study
and is not included on FIRMs, ;but it is appropriate to regulate and include within a community's
mapping database.
Biological Opinion Requirements
Identifying the extent of the C1VIZ is referenced in several parts of the 2008 Biological Opinion:
The FEMA will ensure that effects from habitat alterations that are reasonably certain to occur but
might occur later in tirne, such as changes in storm water quantity, quality, and treatment, decreased
riparian vegetation, lost large woody debris, increased bank armoring, and impaired channel
migration, are also mitigafed. [page 152]
Bank stabilization measures along salmonid bearing streams, channel migration zones, and along
estuarine and marine shorelines must be minimized to the maacimum extent possible. [page 224]
No activity is allowed that limits the natural meandering pattern of the channel migration zone,
however, natural channel migration patterns may be enhanced or restored [page 224]
The Biological Opinion calls for higher regulatory standards within the Regulatory Floodplain,
which includes the CMZ (page 154). Special rules apply in the Protected Area, which includes
the channel migration area (CMZ plus 50 feet). FEMA does not require the development of CMZ
NFIP-ESA H&H Guidance - 1 3 - January 2010
Keeping inappropriate development out of the CMZ will
prevent flood-related damage such as this. - Packwood,
mapping, but if mapping has been completed and adopted for local regulatory purposes before
September 22, 2008, then this designation shall be used to define the channel migration area.
If a community chooses to map and regulate the CMZ, the mapping should be developed
consistent with this Regional Guidance.
Regional Guidance
There are several methods of delineating a CMZ, ranging from approximate to more rigorous
technical methods. The Washington State Department of Ecology,released a CMZ delineation
method in 2003, A Frameworkfor Delineating Channel Migt-ation Zones (Rapp and Abbe, 2003)
(referenced here as the 2003 Framewark). The 2003 Framerk was devised to pravide a
technical framework far delineating the likely CMZ and is intended to be implemented by
experienced fluvial geomorphologists.
The 2003 Framework is the method cited in the, Baological Opinion as the basis for determining
the location of the CMZ. It is also the method recommended for use by this Regional Guidance.
Key elements of the method are described here, but this discussaon is not intended to provide all
of the detail offered in Rapp and Abbe 2003.
The `design life' (how long into the future the GMZ mapping is intended to capture) of the CMZ
mapping is an important consideration that will influence the applicability and use of the study
for use as the Regulatory Floodplain. The Biological Qpinion speeifies that a 100 year timeframe
be used. This 100 year tiirie' fiarne should be considered differently th'an the "100-year"
tertninology typically used in floodplain management.In floodplain terminology "100-year" is
shorthand for an event with a one percent chance of occurring in any given year.
In CMZ delineation, a 100 year de,sign life. would establish the area the channel could occupy
assuming thatcurrent elimatic conditions and channel processes continue to occur for the next
100 years. T`he 100 year design life can be expressed as the potential valley area that the channel
can migrate within over 100 years. It is recognized that the relative hazards of migration can
significantly vary within the overall C1VIZ. Communities have, and will, implement variable
regulations within the CMZ. The 2003 Framework, identifies four generalized components of CMZ delineation. This approach
allows for a more detailed description of physical processes and provides a method to build on
each data collection step. In rnost cases, all of these components will need to be accounted for to
establish a CMZ delineation. These components are described in Table 3 on page 15 and shown
graphically on page 16.
A number of data sources are available to support this work, as shown in Appendix D of Rapp
and Abbe 2003 and Appendix A of this Regional Guidance. The 2003 Framework assumes that
these sources will be used in conjunction with some level of field data collection. There is a
significant amount of interpretation necessary to accomplish mapping of the various components
of the CMZ. Judgments need to be made about data quality at each step, as the resolution of the
mapping will always be limited by a finite amount of data.
NFIP-ESA H&H Guidance - 14 - January 2010
Element
Description
Notes
Include in the~
mapped CMZ.
Historical Migration Zone
The collective area the channel
Dependent on extent and quality
(HMZ)
occupied in the historical record
of past records, including
Government Land Office maps,
Also referred to as the
and past aerial photographs
Yes
Historical Channel
Occupation Tract (HCOT)
see for example
GeoEngineers, 2003
Avulsion Hazard Zone
The area not included in the
Dependent,on field measure-
(AHZ)
HMZ that is at risk of avulsion
ments and Identifcation of
,
over the timeline of the CMZ
vertical charrnel vanation, bank
stratijraphy, and the presence
Yes
and,locafion,of relict channels
and secondary „flowpaths on the
floodplain
Erosion Hazard Area
The area not included in the
The EHA can result from either
(EHA)
HMZ or the AHZ that is at riSk of
erosion of the stream bank, or
bank erosion from stream flaw or
slope failures of the bank that
Yes
mass wasting over the timefine :
occur after erosion of the toe
of the CMZ
Disconnected Migration
The portion of the CMZ where
Care needs to be taken to
Area (DMA)
man-made structures, such as
assess`(1) whether the man-
major levees and Interstate
made structures will actually
highways, physicaliy eliminate
prevent channel movement (e.g.,
channel migration. in some
are levees sufficiently engi-
cases, a levee protects>an area
neered?) and (2), whether the
`that is so important, it will
struGture, higfiway, or protected
warrant restoring a migrated
area' is so important that there is
channel to its earlier locafion.
no doubt that after a flood, the
Case-by-case
channel would be restored to its
previous location. Clear evi-
dence of the presence of a DMA
would include: Corps certified
levees and a local adopted
maintenance agreement that
states that flood fighting would
occur and any damage repaired
to prevent channel migration.
Table 3. Elements of the overall CMZ (Rapp and Abbe, 2003).
Note 1- In the case where there are features of aquatic habitat existing landward of the levee footprint,
the study should show how the habitat would not be impacted by the selection of the levee as a boundary
to CMZ hazards.
The resultant mapping can include a hazard-based treatment of likely CMZ areas. The approach
allows far a ranking of, for example, severe, high, moderate, and low hazard areas throughout the
CMZ. This ranking is allowed to be subjective, depending on the mapper's experience and
confidence after working through all of the delineation steps. The use of these designations is
optional and the criteria used to establish them can be determined by each community.
NF[P-ESA H&H Guidance - 15 - January 2010
While the map should show the 100-year design life channel migration zone, the community
may adopt only the high hazard portion for its channel migration development regulations. For
the purposes of the NFIP-ESA Model Ordinance, the Regulatory Floodplain is based on the
channel migration area, which is the channel migration zone adopted by the community for its
development regulations, plus 50 feet.
CRS Credit for Mapping Channel Migration Zones
rt~i
Mapping channel migration zones is covered under the CRS credit for uncertain flow
path hazards, found in the Special Hazards Supplement to the CRS Coordinator's Manual. A
stream subject to channel migration is considered a movable bed stream. A separate supplement
is scheduled to be published in 2010. Credit points for mapping a CMZ are provided if the cornmunity also has special development
regulations that protect new development from migrating stream channels. The NFIP-ESA
Model Ordinance does not include such regulaticins, as the CMZ is only used to help delineate
the Protected Area. Therefore, for CRS credit, the community must have additional CMZ
regulatory standards as well as a map prepared in"accordance,with these guidelines.
GC1~
• ~
Example figure of CMZ elements (Rapp and Abbe, 2003)
NFIP-ESA H&H Guidance - 16 - January 2010
, 19aO Active Channel ~ 195[} Active Chariiiel M 1960 Active Ghanrre)
1970 Active Gharinel 9980 Active Chanltel 1990 Active Ci1annel
20€70 Active Chanrtel Histarical MigratioriZor:e --•AvulsionHazard Zorte
- - - • Erosion Hazard Area (Erosion Setback + Geatechnical Seiback)
O€sconnected i~igrat=on Area Final CMZ Delirieatior7
The credit for CMZ mapping is provided if the local history of migration is "reflected in the
mapping process. For full credit, mapping must be based upon floodplain soils and historic
channel migration that indicate the probable extent of future migration." (Special Hazards
Supplement, page 30.) Any mapping that implements the 2003 Framework or similarly credible
methods will receive full credit under this element of the CRS.
Half the CMZ mapping credit can be provided when there are no studies that meet the criteria
above. Half credit is provided if a community uses a locally developed standard building setback
for unstudied streams in lieu of a detailed study by a developer. Such a locally developed setback
standard must be based upon data from the general area regulated,
NFIP-ESA H&H Guidance - 17 - January 2010
Appendix A. References
Booth, D.B., D. Hartley, and C. R. Jackson. 2002. "Forest Cover, Impervious-Surface Area, and
the Mitigation of Stormwater Impacts." Journal of the American Water Resources Association.
Vol. 38: 835-845.
Brekke, L.D., Kiang, J.E., Olsen, J.R., Pulwarty, R.S., Raff, D.A., Turnipseed, D.P., Webb,
R.S.S., and White, K.D. 2009. Climate Change and Water Resources Management- A Federal
Perspective. U.S. Geological Survey Circular 1331. http://pubs.ugsg.gov/circ/1331/
Elsner, M.M., Cuo, L., Voisin, N., Deems, J.S., Hamlet, A.F,, Vaho, J.A., Mickelson, K.E.B.,
Lee, S-Y., and D.P. Lettenmaier. 2009. "Implications of 21" Century Climate Change for the
Hydrology of Washington State." Washington Climate.,Change Impacts Assessment Report.
FEMA. 2003. Guidelines and Specifications for Flood Hazard Mapping Partners. Volume 1:
Flood Studies and Mapping.
FEMA. 2002. Guidelines and Specifications for Flaad Hazard Mapping Partners. Appendix C.
Guidance for Riverine Flooding Analyses and Mapping.
FEMA. 2008. Draft Guidelines and Specications for Flood Hazard Mapping Partners.
Appendix C. Guidance for Riverine Flooding AnaZyses and Mapping.
Federal Emergency Management Agency (FEMA). 2001. Modernizing FEMA's Flood Hazard
Mapping Program: Reeommendations for Using Future-Conditzons Hydrology for the National
Flood Insurance ProgNam.
FEMA. 2007. National Flobd Insuranee Program Cammunity Rating System Coordinator's
Manual. FIA-I5/2007. http://www..fema.gov/library/viewRecord.do?id=2434
FEMA 2006. Special Hazards Supplement to the CRS Coordinator's Manual.
http://training.fema.gov/emiweb/CRS/index.htm
FEMA, 2010, CRS Credit for Habitat Protection, http://training.fema.gov/EM1Web/CRS/
FEMA 2010. Model Ordinance for Floodplain Management Under the National Flood
Insurance Program and the: Endangered Species Act
GeoEngineers, 2003. "Geomorphic Evaluation and Channel Migration Zone Analysis Puyallup,
Carbon, and White Rivers." Prepared for Pierce County Public Worka and Utilities
Environmental Services, Water Progams Division. June 19, 2003.
Grant, G.E., Lewis, S.L., Swanson, F.J., Cissel, J.H., McDonnell, J.J. 2008. Effects ofForest
Practices on Peak Flows and Consequent Channel Re.sponse: A State-of-Science Report for
Western Oregon and Washington. Gen. Tech. Rep. PNW.GTR-760, Portland, OR: U.S.
Department of Agriculture, Forest Service, Pacific Northwest Research Station.
NFIP-ESA H&H Guidance A- 1 January 2010
Herrera Environmental Consultants, Inc. Northwest Hydraulic Consultants, 2004. "Discharge of
Stormwater to High Order Streams: Determining Exempt Reaches." Prepared for Washington
State Department of Transportation. April 13, 2004.
Mote, P., Petersen, A., Reeder, S., Shipman, H., and L.W. Binder. 2008. Sea Level Rise in the
Coastal Waters of Washington State. University of Washington Climate Impacts Group and the
Washington State Department of Ecology. January 2008.
NMFS (National Marine Fisheries Service). 2008. Endangered Species Act - Section 7
Consultation Final Biological Opinion and Magnuson-Stevens Fishery Conservation and
Management Act Essential Fish Habitat Consultation. Impletrienfation of the National Flood
Insurance Program in the State of Washington Phase One Document - Puget Sound Region.
September 22, 2008. ,
Rapp, C.F and T.B. Abbe. 2003. A Framework for Delineating channel migration zones.
Ecology Final Draft Publication #03-06-027. h#tp:l/~www.ecy.wa.govfbililio/0306027.htm1
Rosenberg, E.A., Keys, P.W., Booth, D.B., Hartley, D., Burkey,;J., Steinemantyi, A.C., and
Lettenmaier, D.P. 2009. Precipitation Extremes and the Impdcis of Climate Change on
Stormwater Infrastructure in Washington State. Implications'of 21 St century climate change for
the hydrology of Washington State. Washington Climate Change Impacts Assessment Report.
March 2009.
Sturm, T.W. 2001. Open Channel Hydraulics, McGraw Hill, New York, NY.
Washington State Department of Ecology 2004. Stormwater Management Manual for Eastern
Washington. Publication Number 04-10-076.
Washington State' Department of Ecology 2005. Stormwater Management Manual for Western
Washington. Publication Numbers 05-10-029 through 05-10-033.
NFIP-ESA H&H Guidance A- 2 January 2010
Appendix B. Flow Control-Exempt Surface Waters
(Appendix I-E to Stormwater Management Manual for Western Washington)
Stormwater discharges that are otherwise subject to Minimum Requirement #7 - Flow Control,
to waters on this list must meet the following restrictions to be exempt from Minimum
Requirement #7.
- Direct discharge to the exempt receiving water does not result in the diversion of
drainage from any perennial stream classified as Types 1; 2, 3, or 4 in the State of
Washington Interim Water Typing System, or Types,`tS", Y`F", or "Np" in the Permanent
Water Typing System, or from any category I, II, or II~ wetland; and
- Flow splitting devices or drainage BMP's are applied to route natural runoff volumes
from the project site to any downstream Type 5 stream or category IV wetland:
- Design of flow splitting devices or diair~age BMP's will be based on continuous
hydrologic modeling analysis. The design will assure, that flows delivered to Type 5
stream reaches will appraximate, but in na case exceed, durations ranging from 50%
of the 2-year to the 50-yeat° peak flow.
Flow splitting devices or drair
will also be designed using co"
wetland hydrologic canditions
agencies witfi'permitting juris(
- The project site must be drained b
manmade conveyance elernents (e
to the ordinary high water line of 1
ge BMP's that deliver flow to category IV wetlands
inuous hydrologic modeling to preserve pre-project
inless specifcally,waived or exempted by regulatory
etion; and `
a conveyance system that is comprised entirely of
pipes, ditches, outfall protection, etc.) and extends
e exempt receiving water; and
- The conveyance system between the project site and the exempt receiving water shall
have a'hydraulic capacity sufficient to convey discharges from future build-out
conditions (under current zoning) of the site, and the existing condition from non-project
areas from which runoff is or will be collected; and
- Any erodible elements of the manmade conveyance system must be adequately stabilized
to prevent erosion uriderthe conditions noted above.
NFIP-ESA H&H Guidance B- 1 January 2010
Exempt Surface Waters List
Alder Lake
Aston Creek
Baker Lake
Baker River
Bogachiel River
Calawah River
Carbon River
Cascade River
Cedar River
Chehalis River
Chehalis River, South Fark
Cispus River
Clearwater River
Columbia River
Coweman River
Cowlitz River
Crescent Lake
Dickey River
Dosewallips River
Downstream of confluence with George Creek
Baker RiverBaker Lake downstream of the confluence with Noisy
Creek
0.4 miles downstream of Dowans Creek
Downstream of confluence with South Fork Calawah River
Downstream of confluence with S
Downstream of Found Creek
Downstream of confluence witli.T
1,500 feet downstream of confluei
1,000 feet upstream
Downstream of conf
Downstream of conl
Downstream of Can
Downstream of conl
Downstream of coni
Cowlitz River
Downstream of coni
Downstream of coni
Prairie Creek
:)r Creek
with Stowe Creek
:h Lake Creek
e with Cat`Cre
e with Christri
border
e with Gobble
Clear Fork
with Coal Creek
with Rocky Brook
Dungeness River
pownstream of confluence with Gray Wolf River
Elwha River
pownstream of confluence with Goldie River
Grays River
pownstream of confluence with Hu11 Creek
Green River (WRIA 26 -
`Cowlitz) 3.5 miles upstream of Devils Creek
Hoh River
1.2 miles downstream of Jackson Creek
Humptulips River
pownstream of confIuence with West and East Forks
Kalama River
2.0 miles downstream of Jacks Creek
Lake Cushman
Lake Quinault
Lake Shannon
Lake Sammamish
Lake Union & Union Bay King County
Lake Washington, Ship Canal, & Salmon Bay
Lake Whatcom
Lewis River pownstream of confluence with Quartz Creek
Lewis River, East Fork
Lightning Creek
Little White Salmon River
Mayfield Lake
Muddy River
Naselle River
Newaukum River
Nisqually River
Nooksack River
Downstream of confluence with Big Tree Creek
Downstream of confluence with Three Fools Creek
Downstream of confluence with Lava Creek
Downstream of confluence with Clear Creek
Downstream of confluence with Johnson Creek
Downstream of confluence with South Fark Newaukum River
Downstream of confluence with Big Creek
Downstream of confluence of North Fork and Middle Forks
NFIP-ESA H&H Guidance B- 2 January 2010
Nooksack River, North Fork
Nooksack River, South Fark
North River
Ohanapecosh River
Puyallup River
Queets River
Quillayute River
Quinault River
Riffe Lake
Ruby Creek
Creeks
Satsop River
Satsop River, East Fork
Sauk River
Sauk River, North Fark
Silver Lake
Skagit River
Skokomish River
Skokomish River, South Fork
Skokomish River, North Fork
Skookumchuck River
Skykomish River
Downstream of confluence with Glacier Creek, at USGS gauge
12205000
0.1 miles upstream of confluence with Skookum Creek
Downstream of confluence with Vesta Creek
Downstream of confluence with Summit Creek
Half-mile downstream of confluence with Kellog Creek
Downstream of confluence with Tshletshy Creek
Downstream of Bogachiel River
Downstream of confluence with North Fork Quinault River
Ruby Creek at SR-20 crossing dctwi~stream of Granite and Canyon
Downstream of confluence of Middle and East Forks
Downstream of confluence with Decker Creek
Downstream of confluenceof South Fork. and North Fork
North Fork Sauk River at Bedal Campgroun,d
Cowlitz Countv :
Downstream of Canadian bor
Downstream of confluetilce oi
Downstream of confluence w
Downstream-of confluence w
1 mile upstream ofBucoda at
Downstream, of South Fork
Drth and South Fork
Vance Creek
McTaggert Creek
,507 mile post 11.0
Skykomish River, South Fork Downstream of confluence of Tye and Foss Rivers
Snohomish River
pown stream of confluence of Snoqualmie and Skykomish Rivers
Snoqualmie River
Downstream of.confluence of the IVliddle Fork
Snoqualmie River, Middle Fork
Downstream of confluence with Rainy Creek
Sol Duc River
Downstream of confluence of North and South Fork Soleduck River
Stillaguamish River '
Downstream of confluence of North and South Fork
Stillaguamish River, North Fork
7.7 highway miles west of Darrington on SR 530, downstream of
confluence with French Creek.
Stillaguarnish River, South Forle -
Downstream of confluence of Cranberry Creek and South Fork
Suiattle River
Downstream of confluence with Milk Creek
Sultan River
0.4 miles upstream of SR2
Swift Creek Reservoir
Thunder Creek
Downstream of the confluence with Neve Creek
Tilton River
Downstream of confluence with North Fork Tilton River
Toutle River
North and South Fork Confluence
Toutle River, North Fork
Toutle River, South Fork
White River
Willapa River
Wind River
Wynoochee Lake
Wynoochee River
Downstream of confluence with Hoffstadt Creek
Downstream of confluence with Thirteen Creek
Downstream of confluence with Huckleberry Creek
Downstream of confluence with Mill Creek
Downstream of confluence with Cold Creek
Downstream of confluence with Schafer Creek
NFIP-ESA H&H Guidance B- 3 January 2010