3.11.200 Consideration of Proposals for Wetland Mitigation

As a condition of a permit issued or as an enforcement action under this ordinance, the Wetland Ordinance Administrator may require that the applicant engage in the restoration or creation of wetlands in order to offset, in whole or in part, the losses resulting from an applicant's or violator's actions. Prior to considering a proposal for wetland mitigation, the Wetland Ordinance Administrator shall make all of the following findings:

(a) The long- and short-term effects of the action upon the wetland and associated aquatic ecosystem, and the reversible or irreversible nature of the impairment or loss;

(b) The type and benefit of the wetland functions and associated resources lost;

(c) The type, size, and location of the wetland altered, and the effect it may have upon the remaining system or watershed of which the wetland is a part;

(d) Observed or predicted trends with regard to the gains or losses of this type of wetland in the watershed, in light of natural and human processes;

(e) The cost and likely success of the possible compensation measures in relation to the magnitude of the proposed project or violation;

(f) The degree to which the applicant has demonstrated a good-faith effort to incorporate measures to minimize and avoid wetland impacts within the proposed project;

(g) That all feasible and prudent efforts have been made to avoid the loss of protected wetland;

(h) That all practical means have been considered to minimize effects on protected wetland;

(i) That it is practical to replace the protected wetland that could not be avoided; and

(j) That all alternatives for preserving protected wetlands and watercourses have been evaluated and found to be impractical, inappropriate, or ineffective.