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A. Policies.

1. Impact Avoidance. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts, both on site and to the extent that impacts may propagate upstream or downstream.

2. No Net Loss of Ecological Functions. Development should assure there is no net loss of ecological functions and processes relative to the existing condition. This can be accomplished by protecting critical areas designated in Appendix B of this SMP and protecting additional established shoreline buffers in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property.

Shoreline ecological functions that should be protected include but are not limited to: fish and wildlife habitat, wildlife migration corridors, food chain support, and water temperature maintenance. Shoreline processes that should be protected include but are not limited to: water flow; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance.

3. Consider Project and Cumulative Impacts. In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts should be considered.

4. Development Standards Should Protect Functions. Development standards for density, frontage, buffers, impervious surface, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes.

B. Regulations.

1. Mitigation Sequencing. Applicants shall demonstrate all reasonable efforts have been taken to mitigate potential adverse impacts to ecological function resulting from new development and redevelopment in shorelines in the following prioritized order:

a. Avoiding the impact altogether by not taking a certain action or parts of an action;

b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;

d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

g. Lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable.

2. Applicability. The provisions of this section and Appendix B (Critical Areas Regulations) shall apply to any use, alteration, or development within shoreline jurisdiction, whether or not a shoreline permit or written statement of exemption is required. If the provisions of Appendix B (Critical Areas Regulations) and other parts of the master program conflict, the provisions most protective of the ecological resources shall apply, as determined by the town. Shoreline jurisdiction extends to lands necessary for buffers for critical areas, as defined in Chapter 36.70A RCW, pursuant to RCW 90.58.030(2)(d)(ii). See Figure 5-8 in Appendix D.

3. Protection of Buffers. Unless otherwise stated, critical area buffers and shoreline buffers shall be protected and/or enhanced pursuant to Appendix B and all other applicable provisions of this SMP.

4. Mitigation Required for Impacts. Mitigation shall be required for all projects within shoreline jurisdiction, including those waterward of the OHWM, having impacts on ecological functions. Mitigation ratios are specifically established in Appendix B (Critical Areas Regulations) for impacts to wetlands and wetland buffers. All other mitigation must be designed to result in no net loss of ecological functions to the extent feasible. In general, mitigation is required at a ratio greater than one unit of mitigation for one unit of impact by area. However, depending on the nature and extent of impacts and proposed mitigation, a reduction in the ratio may be allowed or an increase in the ratio may be required to meet the no net loss of ecological functions standard if justified in a plan submitted to the town.

5. Location of Mitigation. When mitigation is required, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed sub-basin that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions.

6. Hydrologic Connections. Protect hydrologic connections between waterbodies and associated wetlands.

7. Cumulative Effects. The cumulative effects of individual development proposals shall be identified and evaluated to assure that no net loss standards are achieved. [Ord. 580 Att. A § 4.2, 2019.]