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Section 28. TMC Section 18.45.090 is hereby reenacted to read as follows: <br />18.45.090 Wetlands Uses, Alterations and Mitigation <br />A. No use or development may occur in a wetland or its buffer except as specifically <br />allowed by TMC Chapter 18.45. Any use or development allowed is subject to review and <br />approval by the Director. Where required, a mitigation plan must be developed and must <br />comply with the standards of mitigation required in this chapter. Where unauthorized <br />alterations occur within a critical area or its buffer, the City will require the applicant to <br />submit a critical area study, that includes mitigation, subject to approval. The applicant <br />shall be responsible for implementing the mitigation and for additional penalties as <br />determined by the Director. In addition, federal and/or state authorization is required for <br />direct impacts to waters of the United States or the State of Washington. <br />B. ALTERATIONS. <br />1. Alterations to wetlands are discouraged and are limited to the minimum <br />necessary for project feasibility. Requests for alterations must be accompanied by a <br />mitigation plan, are subject to Director approval, and may be approved only if the following <br />findings are made: <br />a. The alteration complies with mitigation sequencing requirements (TMC <br />Section 18.45.075); <br />b. The alteration will not adversely affect water quality; <br />c. The alteration will not adversely affect fish, wildlife, or their habitat; <br />d. The alteration will not have an adverse effect on drainage and/or storm <br />water detention capabilities; <br />e. The alteration will not lead to unstable earth conditions or create an <br />erosion hazard or contribute to scouring actions; <br />f. The alteration will not be materially detrimental to any other property; <br />g. The alteration will not have adverse effects on any other critical areas; <br />and <br />h. Complies with the maintenance and monitoring requirements listed <br />within this section. <br />2. Alterations are not permitted to Category I and II wetlands unless specifically <br />exempted under the provisions of this chapter. <br />3. Alterations to Category III and IV wetlands are allowed only where <br />unavoidable and adequate mitigation is carried out in accordance with the standards of <br />this section. <br />w:\Legislative Development\Critical Areas update 2-25-20 <br />MD:bjs Review and analysis by Barbara Saxton Page 22 of 87 <br />