Ord 2625 - TMC Title 18 Chapters - Critical Areas Regulations

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e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan, along with financial guarantee in accordance with this chapter. Buffer averaging shall not adversely affect water quality. g. No adverse affect to water temperature or shade potential will occur to the watercourse using methodology per 2011 Washington State Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL) assessment or as amended. 2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if it complies with the following: a. The buffer is interrupted by a paved public or private road; legally constructed buildings or parking lots. This waiver does not apply to accessory structures such as sheds and garages; b. The existing legal improvement creates a substantial barrier to the buffer function; c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; and d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions. This waiver does not apply if large trees or other significant native vegetation exists. e. Enhancement of remaining buffer is required if feasible. 3. Buffers for all types of watercourses will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a watercourse study by a qualified professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the watercourse that can be mitigated by an increased buffer width; or b. The area serves as habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. Section 30. TMC Section 18.45.110 is hereby reenacted to read as follows: 18.45.110 Watercourse Alterations and Mitigation A. WATERCOURSE ALTERATIONS. No use or development may occur in a watercourse or its buffer except as specifically allowed by this chapter. Any use or development allowed is subject to the standards of this chapter. w:\Legislative Development\Critical Areas update 2-25-20 MD:bjs Review and analysis by Barbara Saxton Page 30 of 87