Standards for mitigation sequencing
Seattle Mun. Code § 23.60A.158
in effectA. Regulations set out in this Chapter 23.60A are minimum requirements that shall be supplemented by mitigation sequencing in this Section 23.60A.158 when needed to achieve no net loss of ecological functions. Mitigation under this Section 23.60A.158 is not intended to duplicate mitigation for the same ecological function that is required under other City regulations or under state and federal permits: coordination among local, state and federal regulatory agencies and Indian Tribes, as applicable, shall occur when determining required mitigation for shoreline substantial development permits. B. Mitigation sequencing 1. The mitigation sequence below shall be undertaken in the following priority: a. Step A. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Step B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; c. Step C. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; d. Step D. Reducing or eliminating the impact over time by preservation and maintenance operations; e. Step E. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and f. Step F. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 2. Lower priority measures shall be applied only if the higher priority measure is infeasible or inapplicable. C. Each development, shoreline modification, or use comprising the mitigation proposed to meet the requirements of subsections 23.60A.158.B.1.b through 23.60A.158.B.1.f (Steps B through F) shall comply with the standards for the shoreline environment where the mitigation action will occur and with all applicable regulations. D. Mitigation and Monitoring Plan 1. As part of any application for approval of development, shoreline modification, or use that requires mitigation under subsections 23.60A.158.B.1.b through 23.60A.158.B.1.f (Steps B through F), the applicant shall submit a mitigation and monitoring plan that meets the standards set out in this subsection 23.60A.158.D unless the applicant demonstrates based on competent scientific evidence that no net loss of ecological function will occur as the result of the development, shoreline modification or use, its construction, or its management. 2. The required level of detail in the mitigation and monitoring plans and the length of time required for monitoring shall be determined by the Director after considering the location, size and type of the proposed shoreline development, modification and/or use and the type of mitigation proposed. 3. The mitigation and monitoring plan shall include the following information: a. An inventory of the existing ecological functions where the impact will occur; b. An analysis of the project's impacts on the existing ecological functions necessary to support existing shoreline resources; c. Management recommendations received from federal, state, or local agencies that have been developed for the protection of ecological function including protection of avian, terrestrial, wetlands or aquatic species and habitat on the site and their applicability to the proposal; d. Proposed management practices that will protect ecological function both during construction and during the management of the site; e. Measures to avoid and minimize impacts to preserve ecological functions and existing habitats; f. Proposed measures that will compensate for the impacts of the project remaining after applying avoidance and minimization measures, to ensure no net loss of shoreline ecological functions; g. Vegetation species, planting and soil specifications and a minimum of 5 years of monitoring for plans that include vegetation planting; h. Identify success criteria and the evaluation of mitigation effectiveness to ensure no net loss of ecological functions; i. Contingency actions to be taken if the mitigation fails to meet established success criteria; contingency actions should include additional monitoring if the mitigation fails; j. Performance bonds not to exceed a term of five years may be required to ensure compliance with the conditions except for public agencies; and k. Any additional information as determined by the Director that is necessary to determine the impacts of a proposal and mitigation of the impacts. 4. If off-site mitigation is proposed by the applicant, the applicant shall provide proof of the off-site owner's consent; any restrictions, conditions, or easements that are tied to the parcel through off-site mitigation shall be set out in both the permit and in a covenant and recorded. 5. Where practicable, replacement mitigation shall be required to be completed prior to impact and, at a minimum, prior to occupancy. E. Bonds. Except for projects undertaken by public entities, the applicant shall provide performance and maintenance bonds, as applicable, or other security to the City to assure that work is completed, monitored, and maintained. F. The monitoring plan approved by the Director shall be part of the permit or approval issued by the City. G. If SEPA or mitigation requirements of this Chapter 23.60A requires providing habitat units, the provisions of Sections 23.60A.027 and 23.60A.028 apply. (Ord. 124105 , § 3, 2013.)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026