1. Type S and F Streams. Activities and uses shall be prohibited in Type S and F streams except as provided for in the public agency and utility exception, reasonable use exception, and variance provisions of this title (see MMC 22.80.050, Applicability, exemptions, exceptions, and allowed uses).

2. Type Np and Ns Streams. Activities and uses that result in unavoidable and necessary impacts may be permitted in Type Np and Ns streams and buffers in accordance with an approved critical areas report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives.

3. Stream Crossings. Stream crossings shall be minimized, but when necessary they shall conform to the following standards as well as other applicable laws (see the State Department of Fish and Wildlife, or Ecology):

4. Relocations. Type Np streams beyond one-quarter mile of a stream providing fish habitat and Type Ns streams may be relocated with appropriate floodplain protection measures under the following conditions:

5. Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. The criteria for stream crossings shall also apply.

6. Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Crossings shall be contained within the existing footprint of an existing road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than sixty degrees to the centerline of the channel. The criteria for stream crossing shall also apply.

7. Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams if allowed or approved by other ordinances or other agencies with jurisdiction.

8. Stream Channel Stabilization. Stream bank stabilization shall only be allowed when it is shown, through a stream bank stability assessment conducted by a qualified fluvial geomorphologist or hydraulic engineer, that such stabilization is required for public safety reasons, that no other less intrusive actions are possible, and that the stabilization will not degrade in-stream or downstream channel stability. Stream bank stabilization shall conform to the Integrated Streambank Protection Guidelines developed by the Washington State Department of Fish and Wildlife, 2002 or as revised.

1. The stream does not flow directly into a stream used by salmonids;

2. The stream is not in a critical drainage basin;

3. All buffer, building setback line, and floodplain distances are identified on the appropriate documents of title;

4. The stream channel and buffer are maintained as a vegetated open swale without altering the channel dimensions or alignment and are recorded in a drainage easement to the city of Monroe that requires that the channel remain open and vegetated for water quality and hydrologic purposes;

5. All clearing proposed within the stream and its buffer shall occur between April 1st and September 1st, or as further restricted by timing limits established by the State Department of Fish and Wildlife, and shall meet all erosion and sedimentation requirements of the city;

6. There are no downstream flooding or erosion problems within one-half mile of the site;

7. The stream is not within an erosion hazard area; and

8. No existing water wells are within or adjacent to the stream.

1. Type S streams shall have a buffer extending from the OHWM as required by the city of Monroe shoreline master program.

2. Type F streams shall have a two-hundred-foot buffer on each side of the channel.

3. Type Np streams, within one-quarter mile of a stream with salmonids, shall have a buffer of one hundred fifty feet on each side of the channel.

4. Type Np streams, beyond one-quarter mile of a stream with salmonids, shall have a buffer of seventy-five feet on each side of the channel.

5. Type Ns streams shall have a fifty-foot buffer on each side of the channel.

6. Unclassified streams shall be assigned a rating based on the critical areas report and field verification, and the appropriate buffer shall apply.

1. Unclassified uses;

2. The stream is in a critical drainage basin as designated by the city of Monroe;

3. The stream reach adjacent to the development proposal serves as critical fish habitat for spawning and rearing;

4. The stream serves as habitat for endangered, threatened, rare, sensitive, or monitor species listed by the federal government or the state of Washington;

5. The land adjacent to the stream and its associated buffer and included within the development proposal is classified as an erosion hazard area; or

6. A trail in excess of ten percent of the buffer width is proposed for inclusion in the buffer.

1. The applicant has demonstrated that mitigation sequencing efforts have been appropriately utilized: avoid, minimize, and lastly mitigate;

2. The proposed buffer reduction shall be accompanied by a mitigation plan that includes enhancement of the reduced buffer area;

3. The reduction will not adversely affect directly or indirectly the critical area and/or buffer in the short or long term;

4. The reduction will not adversely affect water quality;

5. The reduction will not destroy, damage or disrupt a significant habitat area; and

6. The reduction is necessary for reasonable development of the subject property.

1. Maintain or improve stream channel dimensions, including depth, length, and gradient;

2. Restore disturbed stream buffer areas with native vegetation;

3. Create an equivalent or improved channel bed;

4. Create equivalent or improved biofiltration; and

5. Replace disturbed stream and stream buffer habitat features and areas.

1. Baseline Information. Provide existing conditions information for both the impacted critical areas and the proposed mitigation site, as described in MMC 22.80.070(C), General Critical Area Report Requirements, and (E), Additional Stream Report Requirements.

2. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

3. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met. They may include water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria.

4. Detailed Construction Plan. These are the written specifications and descriptions of mitigation technique. This plan should include the proposed construction sequencing, grading and excavation details, erosion and sedimentation control features, a native planting plan, and detailed site diagrams and any other drawings appropriate to show construction techniques or anticipated final outcome.

5. Monitoring and/or Evaluation Program. The mitigation plan shall include a program for monitoring construction of the compensation project, and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring, and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for five years or a period necessary to establish that performance standards have been met.

6. Contingency Plan. This section identifies potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates projected performance standards have not been met.