23.60A.028

A. Mitigation 1. If mitigation actions pursuant to subsections 23.60A.152.A and 23.60A.158.B.1.e (Step E) or under Chapter 25.05 (SEPA) are required, the Director is authorized to allow the payment of fees in lieu of some or all of the mitigation required, if the applicant requests. Fees shall be paid into a fund for ecological restoration, creation, rehabilitation, and/or enhancement projects in the Shoreline District. 2. A program under subsection 23.60A.028.A.1 shall be developed and operated consistent with the federal standards for in-lieu fee programs set out in 33 CFR 332 (or as amended). B. Other habitat units. 1. If habitat units are required under this Chapter 23.60A for purposes other than subsection 23.60A.028.A.1, the Director may authorize payment for habitat units in lieu of applicant provided habitat units, if the applicant requests. Such fees shall be paid into a fund for ecological restoration, creation, rehabilitation, and/or enhancement projects in the Shoreline District. 2. If the value of habitat units changes as a result of the review required in 23.60A.028.A.2, the same changes shall be made to the habitat units under this subsection 23.60A.028.B. (Ord. 124105 , § 3, 2013.)