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A developer in Snohomish County wants to fill a portion of a wetland on a parcel to create a level building pad for a new commercial structure. The county's Critical Areas Ordinance (CAO) designates the wetland as a Category II wetland. Under Washington's Growth Management Act (GMA) and typical CAO requirements, which of the following outcomes is MOST likely?

Correct Answer

C) The developer will be required to avoid the wetland, minimize impacts, and likely provide compensatory mitigation, such as wetland replacement at a specified ratio.

Under Washington's Growth Management Act (RCW 36.70A), counties and cities are required to adopt Critical Areas Ordinances (CAOs) that protect wetlands and other critical areas. For a Category II wetland, local CAOs typically require the applicant to follow a mitigation sequence: first avoid impacts, then minimize unavoidable impacts, and finally provide compensatory mitigation (such as wetland replacement at ratios like 2:1 or higher) for any remaining impacts. Filling a wetland for a building pad is a significant impact that triggers this full mitigation sequence.

Answer Options
A
The developer may fill the wetland without restriction because commercial development is a permitted use under state law.
B
The developer must obtain only a state environmental policy act (SEPA) checklist approval before filling, with no additional local review required.
C
The developer will be required to avoid the wetland, minimize impacts, and likely provide compensatory mitigation, such as wetland replacement at a specified ratio.
D
The developer may fill the wetland provided the total area filled does not exceed one acre, which is the state exemption threshold under the GMA.

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Related Topics & Key Terms

Key Terms:

critical_areas_ordinancewetlandsgrowth_management_actmitigation_sequencecategory_II_wetland

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