HomeMy WebLinkAbout2483 Environmentally Sensitive Areas, Definition of WetlandsOrdinance No...0-~ 0_-x
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, SECTION
020, DEFINITION OF "WETLANDS," OF THE PORT TOWNSEND
MUNICIPAL CODE
WHEREAS, pursuant to Washington's Growth Management Act (GMA), the City
regulates land use impacts on wetland areas through the Environmentally Sensitive Areas
Ordinance, Chapter 19.05 PTMC; and
WHEREAS, in the 1995 state legislative session, the legislature amended the definition
of "wetlands" within the GMA to make the definition consistent with other state and federal
definitions. This legislation is ESB 5776, Ch. 382, Laws of 1995; and
WHEREAS, the City Council hereby amends the definition of ~"wetlands" within Chapter
19.05 PTMC to bring the City's definition into compliance with the statewide definition. The
Council finds that this change is purely procedural in nature, implementing SEPA-exempt state
legislation, and having no sffl)stantive impact upon the City's regulation of wetland areas,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Chapter 19.05, S~tion 020 Definitions, "Wetlands," of the Port Townsend
Municipal Code is hereby amended and shall be codified by the City's Code Reviser to read as
follows:
19.05.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Wetlands" means those areas that are inundated or Saturated 'by ground or surface water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands include bogs, swamps, marshes, .ponds and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland sites, including, but not
limited to, irrigation and drainage ditches, grass.lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds and landscape amenities, or those, wetlands
created after, july 1~ 1990, that were unintentionally created as a result of construction of a
road, street, or highway. ~ ,,v Wetlands may include those artificial wetlands
intentionally created from nonwetland areas created to mitigate conversion of wetlands if
5776. Ch. 382. Laws of 19953
(RCW 36.70A.030(17), as amended by ESB
(Ord.,/~.r § 1, 1995; Ord. 2319 § 1, 1992).
Section 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Read for the first, second, and third
of Port Townsend, Washington, at a regular
October, 1995.
by the City Council of the City
held this ] g r/"day of
Attest:
~ting' CitY Clerk
:1~] ~M~PM~n,/~ity Attorney'
10[06/95 [95-046] Ord\{Wetlands.doc}
M. Clise, Mayor
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