Wetland protection laws and regulations have become a regular part of the permitting process for development, new construction and some remodeling projects. Unless you are applying for a property subdivision or construction permit, chances are you don’t need wetland delineation or mitigation services. However, understanding your real estate value in terms of potential land use might give you some reasons to undergo a Feasibility Study

Are you buying or developing
real estate?

A Feasibility Study is basically a report which answers the questions of what one can or cannot do with their property based on the current federal, state and county regulations. These kinds of reports are typically undertaken when a considering the purchase of a property or planning for new home construction, remodeling or other real estate development projects. The expense of such studies is insurance against spending more money to resolve legal complications or learning the hard way that your plans will not be as easy as you presumed.

Do you need to determine the extent
of wetlands on your property?

Wetland Delineation is a service we offer to identify the exact boundaries of wetlands according to the 1987 U. S. Army Corps of Engineers Wetland Delineation Manual, the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Regions, April 2008, and the Washington State Wetlands Identification and Delineation Manual, March 1997.

In addition to determining the wetland boundaries we can also assess the Wetland Classification according to the 'Washington State Wetland Rating System for Western Washington - Revised', August 2004.

The rating of any given wetland directly affects the size of the buffers around each wetland. The wetland buffer is usually a protected area intended to maintain the ecological values and functions of the wetland especially for its capacity to support wildlife, buffer flooding and improve water quality.

Correctly identifying wetland boundaries and buffers has a direct impact on the land use possibilities for your real estate.

Has the County, State or the US Army Corps Of Engineers told you that you have to “mitigate” for violations in wetland protection regulations?

Wetland Mitigation & Enhancement is a term for actions you might be required to take to make up for an inappropriate impact on wetlands or wetland buffers. Most often mitigation involves Buffer Averaging or requesting an Administrative Variance based upon wetland enhancement.

Enhancement usually amounts to presenting a plan for revegetation with native species plants, but may also include removing fill or filling areas which were excavated without a permit in a wetland or wetland buffer.

A well designed Mitigation Plan can also include the creation of species specific habitat by installing nest boxes, planting food sources, or added value with native species landscaping strategies to make the most of fragrance, beauty, improving wetland bioremediation functions and wild edibles. Developmental projects can involve Mitigation Banking where entirely new wetlands are created where there were none to make up for wetlands lost or severely compromised elsewhere.

Wetland Mitigation usually involves approval of a formal Mitigation Plan and an Installation Report confirming that the plan has been installed according to specifications to release a bond paid by the property owner. Installation is usually followed by a Monitoring Phase which may be anywhere from 2-6 years depending on your local ordinances.

A good Mitigation Plan can be compatible with your own needs and goals while meeting the ecological criteria required by federal, state and local regulations.

If you are required to do
Wetland Mitigation,
have you found out if a Monitoring Phase is required and for how long?

Wetland Monitoring - The process for Wetland Mitigation is defined by local county Critical Areas Ordinances which typically require a deposit in the form of a bond paid to the county equal to the estimated cost of mitigation which is held until the mitigation requirements have been met.

This mitigation bond may be split into an installation bond and a monitoring bond. The installation bond is refunded to the property owner when the installation of any native species or wildlife forage plantings, soil excavation/replacement and wildlife nest boxes has been independently verified.

The monitoring bond is refunded when a predetermined period of monitoring (usually 2-6 years) has proven that the goals of the Mitigation Plan are successfully accomplished. The proposed monitoring phase is usually spelled out in the Mitigation Plan approved for each project and includes the submission of periodic Monitoring Reports to the local regulating agency.

Effective Monitoring of a mitigation project involves identifying the indicators of success or failure as early as possible to ensure the ability to bring the project forward successfully and avoid the costs of replanting or other remediation.