Updated 11/07

Wetlands

Introduction

Wetlands are fragile ecosystems that serve important beneficial functions, such as assisting in the reduction of erosion, siltation, flooding, ground and surface water pollution, and providing wildlife, plant, and fisheries habitats. Wetlands include swamps, marshes, bogs, and similar areas. Wetlands are identified as critical areas in the Washington State Growth Management Act (RCW 36.70A.030(5) and RCW 36.70A.060).

In Washington State, wetlands are rated according to a system that organizes wetlands into four categories based on wetland functions, sensitivity to disturbance, rarity, and ability to replace them. Wetland delineation involves determining the edge of a wetland based on three parameters: water, plants, and soil.

Strategies for saving wetlands and other critical areas include limiting uses and avoiding development in some areas, transferring development density to another site or a non-sensitive portion of a large site, and public purchase of valuable or unique wetlands. Buffer areas around wetlands and along streams are also used to protect the functions of these critical areas. Mitigation of impacts on wetlands and other critical areas involves reducing the adverse impacts of a project to an acceptable level. In addition to critical areas regulations, nonregulatory and incentive programs are also used to protect wetlands.

Laws and Regulations

Statutes

Growth Management Act
- RCW 36.70A.030(5) - Definitions
- RCW 36.70A.060 - Natural resource lands and critical areas - Development regulations
- RCW 36.70A.172 - Critical areas - Designation and protection - Best available science to be used
- RCW 36.70A.175 - Wetlands to be delineated in accordance with manual
RCW 90.58.380 - Adoption of wetland manual
Chapter 90.84 - RCW Wetlands Mitigation Banking

Administrative Regulations

Chapter 173-22 - WAC Adoption of Designations of Shorelands and Wetlands Associated with Shorelines of the State
WAC 173-26-221(2)(c)(i) - Shoreline master program provisions, Wetlands
WAC 173-158-080 - Wetlands management in flood plains
WAC 173-183-710 - Wetlands vulnerability classification
WAC 173-183-700 - Vulnerability of freshwater wetland environments to oil spills
Chapter 173-201A WAC - Water Quality Standards for Surface Waters of the State of Washington
WAC 365-190-080 - Critical areas
WAC 365-195-410 - Critical areas
WAC 365-195-900 - 365-195-925 - Part Nine, Best Available Science

General Wetlands Resources

Center for Watershed Protection, Wetlands and Watersheds Articles series - Note: model ordinance for local wetlands protection to be developed in Fall 2007
King County Introduction to Wetlands - Good general introduction to wetlands and their functions
County Five Star Restoration Projects Best Practices Guide, National Association of Counties, 2001 - Profiles four successful county watershed management and wetland protection restoration projects and describes the Five Star Restoration Program and restoration opportunities for counties. (See Chapter 3: Case Study Examples.)
Critical Areas, related MRSC page
Flexibility in Environmental Regulation, related MRSC page
Onsite Density Transfer for Critical Areas, related MRSC page
Flexible Buffer Widths, related MRSC page
Wetland Mitigation Banking, related MRSC Web page
Incentive Programs - Critical Areas, related MRSC Web page

Federal Wetlands Resources

U.S. Environmental Protection Agency, Wetlands - General information about wetlands and federal regulations
U.S. Environmental Protection Agency Region 10 Wetlands
U.S. Army Corps of Engineers Seattle District, Waters and Wetlands Information
U.S. Army Corps of Engineers, Wetland Delineation Manual, Wetlands Research Program Technical Report Y-87-1, January 1987

Washington State Wetlands Resources

Washington State Department of Ecology, Wetland Protection and Management - See Table of Contents for specific topics
Washington State Department of Community, Trade and Economic Development, Wetlands
Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, Washington State Department of Ecology, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, March 2006. See Chapter 2 - Background on Wetlands and Chapter 5 - Types of Compensatory Mitigation
Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans, Washington State Department of Ecology, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, March 2006
Wetland Permits, Environmental Permit Handbook, Washington State Department of Ecology
Best Available Science for Wetlands Home page, Washington State Department of Ecology
Wetlands in Washington State - Volume 1: A Synthesis of the Science, Washington State Department of Ecology, March 2005. Under the Growth Management Act, local governments are required to use the best available science when reviewing and revising their policies and regulations on wetlands. The state departments of Ecology and Fish and Wildlife developed this comprehensive synthesis of the science regarding freshwater wetlands to assist local governments.
Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands, Washington State Department of Ecology, April 2005
Washington State Wetland Rating System for Eastern and Western Washington
Washington State Department of Ecology and Frequently Asked Questions, Wetland Rating System for Western Washington, Jan. 2006
How Ecology Regulates Wetlands - An Introduction to: Regulatory Authority, Wetland Definitions and Delineation, Wetland Characterization and Function Assessment, Wetland Mitigation, Buffers, and More. McMillan, A., Washington State Department of Ecology, 1998. An introduction to the Department of Ecology's regulatory authority, wetland definitions and delineation, wetland characterization and function assessment, wetland mitigation, buffers, etc.
Washington State Wetlands Identification and Delineation Manual, Washington State Department of Ecology, 1997. Delineation manuals are used to determine the edge of a wetland based on three parameters: water, plants, and soil.
"Legal Issues in Stormwater and Wetlands Regulation," by Allan Bakalian, Hanson Baker Ludlow Drumheller, 2006 (PowerPoint presentation)
Washington's Wetland Resources, by R.C. Lane and William A. Taylor (Excerpted from U.S. Geological Survey Water-Supply Paper 2425, 1996)

Local Ordinances and Wetlands Information

Bainbridge Island Wetlands
Clark County Code Ch. 13.36, Wetland Protection Ordinance
Model Code Provisions for Wetlands, Washington State Department of Community, Trade and Economic Development (excerpt from Critical Areas Assistance Handbook, Appendix A, 2003)
Kent Wetlands and Environment - Brochures and Information
King County Wetland Topics
King County Wetland Delineation Report Criteria, 2005
Kitsap County Wetland Areas
Mukilteo Municipal Code Ch.17.52B, Wetland Regulations - Recommended as an example for other cities
Redmond Community Development Guide Section 20D.140.30, Wetlands
Thurston County Best Available Science - Wetlands, Draft, 2005

Wetland Permit Application Forms

Bellingham Wetland Stream Permit Application and Procedures
Island County Wetland Data Sheet
Island County "Best Available Science for Wetlands of Island County: Review of Published Literature," by Paul R. Adamis, May 2007
King County - Wetland Considerations for Development Proposals in Unincorporated King County
King County Critical Areas Ordinance Users Manual, Part II, Wetlands
"Kirkland's Streams, Wetlands, and Wildlife Study," The Watershed Company, 1998
Lacey Wetland Development Application
Lake Forest Park Wetlands, Customer Information Bulletin
Pierce County Single-Family Wetland Certification Process
Sequim Wetland Permit Application
Tenino Single-Family Wetland Certification
Tumwater Wetland Permit Application

Wetland Mitigation Banking - Related MRSC Web page

Wetland Consultants

Many local governments hire wetland experts to prepare and update wetlands ordinances. Local governments also require developers to do special studies of wetlands located on a proposed development site. Some jurisdictions have prepared lists of preferred wetlands consultants.