Washington Wetland Banking Regulations: A Comprehensive Guide for Developers and Environmentalists

Introduction

Wetlands play a crucial role in Washington's ecosystem, providing numerous ecological benefits such as flood control, water filtration, and wildlife habitat. To protect these valuable resources, the state has implemented comprehensive wetland banking regulations to mitigate the impacts of development projects. This article aims to provide a thorough understanding of the Washington wetland banking regulations, their implications for developers and environmentalists, and best practices for compliance.

Definitions and Key Concepts

Wetland Banking: A wetland banking program allows developers to deposit "credits" by restoring, enhancing, or creating wetlands. These credits can then be sold to other developers to offset the impacts of unavoidable wetland destruction.

Mitigation: Compensatory actions taken to replace or improve the ecological functions of wetlands that have been impacted by development.

Wetland Mitigation Bank: A privately or publicly owned site with wetlands that have been restored, enhanced, or created to generate wetland credits.

Regulatory Framework

Washington's wetland banking regulations are established under the State Environmental Policy Act (SEPA) and the Washington Administrative Code (WAC). These regulations provide the following framework:

• Developers must avoid and minimize wetland impacts whenever possible.
• If avoidance and minimization are not feasible, developers must mitigate the unavoidable impacts through wetland banking.
• Wetland credits can be purchased from approved mitigation banks or created through on-site restoration.
• The Washington State Department of Ecology (Ecology) oversees the wetland banking program and ensures compliance with regulations.

Key Requirements for Developers

Step 1: Wetland Delineation

Developers must first conduct a wetland delineation to identify and map the wetlands on their project site. This delineation must be performed by a qualified wetland professional.

Step 2: Impact Assessment

Once the wetlands have been delineated, developers must assess the potential impacts of their project on those wetlands. This assessment should consider both direct and indirect impacts, such as fill, excavation, or changes in hydrology.

Step 3: Mitigation Requirements

If the project will impact wetlands, developers must develop a mitigation plan. The mitigation plan should outline the mitigation measures that will be taken to offset the impacts, such as purchasing wetland credits from a mitigation bank or restoring wetlands on-site.

Step 4: Permit Application

Developers must submit their mitigation plan to Ecology for review and approval. Ecology will ensure that the plan meets the state's wetland banking regulations and provides adequate mitigation for the project's impacts.

Benefits of Wetland Banking

• Flexibility: Wetland banking allows developers to mitigate impacts remotely from their project site, providing greater flexibility in project design.
• Time Savings: Purchasing wetland credits from a mitigation bank can save time compared to on-site restoration.
• Cost Effectiveness: Wetland credits can be a cost-effective way to offset unavoidable wetland impacts.

Challenges of Wetland Banking

• Availability of Credits: In some areas, the availability of wetland credits may be limited, which can delay or increase the cost of mitigation.
• Credit Quality: Developers should carefully evaluate the quality of wetland credits before purchasing them to ensure they are providing adequate mitigation.
• Enforcement: Ecology has limited resources to enforce wetland banking regulations, which can lead to non-compliance.

Best Practices for Compliance

• Early Planning: Engage with Ecology early in the project planning process to avoid potential delays.
• Comprehensive Studies: Conduct thorough wetland delineations and impact assessments to ensure accurate mitigation requirements.
• Mitigation Selection: Choose wetland banks with a proven track record and high-quality credits.
• Long-Term Monitoring: Monitor mitigation sites over time to ensure they are meeting their ecological goals.

Case Studies

Story 1: A residential development in Snohomish County required the destruction of 0.5 acres of wetlands. The developer purchased wetland credits from a mitigation bank to offset the impacts. The mitigation bank had restored and enhanced 1 acre of wetlands, providing a net gain of 0.5 acres of wetland habitat.

Lessons Learned: This case study demonstrates the flexibility of wetland banking in allowing developers to mitigate impacts remotely from their project site.

Story 2: A commercial development in Pierce County proposed to impact 2 acres of wetlands. However, Ecology determined that the project could not adequately mitigate the impacts through wetland banking. The developer was required to restore wetlands on-site, which resulted in a significant delay in the project schedule.

Lessons Learned: This case study highlights the importance of early consultation with Ecology and the potential challenges associated with on-site mitigation.

Story 3: A transportation project in King County was able to purchase wetland credits from a mitigation bank to offset the impacts of unavoidable wetland destruction. The mitigation bank provided high-quality credits that met the ecological goals of the project.

Lessons Learned: This case study exemplifies the cost-effectiveness and time savings that wetland banking can offer developers.

Step-by-Step Approach to Wetland Banking

1. Conduct wetland delineation.
2. Assess potential wetland impacts.
3. Develop a mitigation plan.
4. Submit mitigation plan to Ecology for approval.
5. Purchase wetland credits from an approved mitigation bank or restore wetlands on-site.
6. Monitor mitigation sites over time to ensure compliance.

Comparison of Wetland Banking with On-Site Mitigation

Frequently Asked Questions

1. What are the most important factors to consider when selecting a wetland bank?
- Track record and experience
- Credit quality
- Location and availability of credits
- Cost

2. How does Ecology ensure that wetland credits are adequate to offset wetland impacts?
- Ecology reviews mitigation plans and requires monitoring reports to demonstrate the success of mitigation sites.

3. What are the consequences of non-compliance with wetland banking regulations?
- Fines, penalties, and project delays

4. Can developers create their own wetland mitigation banks?
- Yes, but this requires significant time, expertise, and financial resources.

5. What role do environmentalists play in wetland banking?
- Environmentalists provide input on mitigation plans and monitor mitigation sites to ensure compliance with regulations.

6. How can I obtain more information about wetland banking in Washington?
- Washington State Department of Ecology website: https://ecology.wa.gov/wetlands

Conclusion

Washington's wetland banking regulations provide a flexible and cost-effective mechanism for developers to mitigate the impacts of unavoidable wetland destruction. By understanding the regulations, following best practices, and collaborating with environmentalists, developers can ensure compliance and protect the state's valuable wetland resources.