22.80.110 Fish and wildlife habitat conservation areas standards

22.80.110 Fish and wildlife habitat conservation areas standards.

A. General Standards. Fish and wildlife habitat conservation areas may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the qualitative functions and values of the habitat. All new structures and land alterations shall be prohibited from habitat conservation areas, except in accordance with this chapter.

No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval.

Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical areas report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.

B. Conditions. The zoning administrator shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffer, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include:

1. Establishment of buffer zones;

2. Preservation of critically important vegetation;

3. Limitation of access to the habitat area, including fencing to deter unauthorized access;

4. Seasonal restrictions of construction activities;

5. Establishment of a duration and timetable for periodic review of mitigation activities; and

6. Requirement of a performance bond, when necessary, to ensure completion.

C. Mitigation. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biological functions and shall include mitigation for adverse impacts upstream and downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.

D. Best Available Science. Any approval of alterations or impacts to habitat conservation area shall be supported by the best available science.

E. Native Growth Protection Easement/Critical Area Tract. As part of the implementation of approved development applications and alterations, fish and wildlife habitat conservation areas and any associated buffers that remain undeveloped pursuant to the critical areas regulations, in accordance with MMC 22.80.080, Protection and mitigation measures, shall be designated as native growth protection easements (NGPE).

When the subject development is a formal subdivision or a short subdivision, the fish and wildlife habitat conservation area(s) and any associated buffers shall be placed in a critical areas tract instead of an NGPE, as described in MMC 22.80.080, Protection and mitigation measures.

1. Buffer areas shall be established for areas of activity in, or adjacent to, habitat conservation areas when needed to protect such areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, function and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and type and intensity of human activity proposed to be conducted nearby, and shall be consistent with the management recommendations issued by the State Department of Fish and Wildlife.

2. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the seasonal period.

1. No development shall be allowed within a habitat conservation area or any associated buffer with which state or federally endangered, threatened, or sensitive species have a primary association.

2. Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such areas shall be protected through the application of protection measures in accordance with a critical areas report prepared by a qualified professional and approved by the city. Approval of alteration of land adjacent to the habitat conservation area or any associated buffer shall not occur prior to consultation with the State Department of Fish and Wildlife and the appropriate federal agency, if applicable.

3. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).

1. Activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, the following:

a. Activities shall be timed to occur only during the allowable work window as designated by the State Department of Fish and Wildlife;

b. An alternative alignment or location for the activity is not feasible;

c. The activity is designed so that it will minimize the degradation of the functions or values of the fish habitat or other critical areas; and

d. Any impact to the functions and values of the habitat conservation area are mitigated in accordance with an approved critical areas report.

2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent juveniles migrating downstream from being trapped or harmed.

3. Fills, when authorized, shall minimize the adverse impacts to anadromous fish and their habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses. (Ord. 005/2019 § 10 (Exh. B))