Chapter 16.20
FISH AND WILDLIFE HABITAT AREAS
Sections:
16.20.040 Habitat assessments.
16.20.050 Habitat management plans.
16.20.060 Additional information.
16.20.100 Habitat areas—Allowed uses and activities.
16.20.010 General authority.
This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.020 Purpose.
The purpose of this chapter is to regulate development and the use of land in order to preserve and protect areas of critical fish and wildlife habitat; and to conform with the Washington State Growth Management Act. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.030 Applicability.
Fish and wildlife habitat areas are those areas identified as being of critical importance to the maintenance of fish, wildlife, or plant species, including:
A. Areas with which federally or state listed species of fish or wildlife have a primary association;
B. State priority habitats and species of local importance as designated by the city;
C. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish and wildlife habitat;
D. Waters of the state, including all water bodies classified by the Washington State Department of Natural Resources water typing classification system as detailed in WAC 222-16-030; to include the Chehalis River, Skookumchuck River, any creeks and their associated wetlands and tributaries;
E. Lakes, ponds, streams, and rivers planted with game fish by a federal, state, or tribal government;
F. State natural area preserves and natural resource conservation areas;
G. Areas of rare plant species and high quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program; and
H. Habitats and species as identified by the Washington State Department of Fish and Wildlife’s Priority Habitats and Species List and Management Recommendations, as written or hereafter amended for the Centralia area. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.040 Habitat assessments.
A. For all nonexempt activities proposed on a site which contains or is within two hundred feet of documented habitat areas listed in CMC 16.20.030, the director shall determine if a professional habitat assessment is necessary. If a professional habitat assessment is required, it shall contain the following criteria:
1. The habitat assessment shall include a discussion and inventory of species or habitats known or expected to be located on or near the site.
2. The habitat assessment shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat.
B. The following areas shall be addressed in the habitat assessment for fish and wildlife habitat areas:
1. The project area of the proposed activity;
2. All fish and wildlife habitat areas and buffers within two hundred feet of the project area; and
3. All shoreline areas, floodplains, and other critical areas, and related buffers within two hundred feet of the project area. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.050 Habitat management plans.
A. If the habitat assessment demonstrates to the satisfaction of the director that fish and wildlife habitat areas are not within two hundred feet or that the proposal would not result in impacts to the habitat, then the development can proceed without further requirements for special fisheries or wildlife studies pursuant to this chapter. Otherwise, a habitat management plan shall be submitted.
B. Habitat management plans shall be prepared by a professional wildlife biologist, fisheries biologist, or professional habitat biologist as determined appropriate by the director. At the discretion of the director, habitat assessments and management plans prepared for federal permits or approvals may be used to fulfill the requirements of this section. Prior to application for a permit, the applicant may elect to waive the habitat assessment and submit a habitat management plan if potential habitat is known to exist.
C. A habitat management plan shall contain an assessment of habitats including the following information at a minimum:
1. Detailed description of vegetation on and adjacent to the project area;
2. Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;
3. A discussion of any federal, state, or local special management recommendations, including Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;
4. A discussion of the project’s effects on fish and wildlife habitat;
5. A discussion of measures, including avoidance, minimization and mitigation, proposed to preserve existing habitats;
6. A discussion of proposed measures which mitigate the impacts of the project;
7. An evaluation of the effectiveness of the proposed mitigation measures;
8. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs; and
9. Any additional information necessary to determine the impacts of a proposal and mitigation of the impacts.
D. Habitat management plans shall be forwarded to the appropriate state and/or federal resource agencies for review and comment. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.060 Additional information.
When appropriate due to the type of habitat or species present or the project area conditions, the director may also require the habitat management plan to include:
A. An evaluation by the Department of Fish and Wildlife or qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and
B. Detailed surface and subsurface hydrologic features both on and adjacent to the site. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.070 Regulations.
A. Any person, corporation, or other legal entity engaging in construction on a site which supports a protected fish and wildlife habitat area as defined by this chapter must first receive approval for proper protection or mitigation by the city using information gathered through the habitat management plan, environmental review process, and/or critical area review.
B. Based on the habitat assessment, habitat management plan, and comments from other agencies, the director may require mitigating measures to reduce the impacts of the proposal on fish and wildlife habitat areas. Mitigating measures may include, but are not limited to:
1. Increased buffers and building setbacks;
2. Enhanced buffers;
3. Reduced project scope;
4. Limitations on construction hours or hours of operation; and
5. Relocation of access.
C. Projects may be denied if the proposal is likely to result in adverse effects to a federally or state listed fish or wildlife species; or will result in extirpation or isolation of other critical fish, wildlife, or plant species or its habitat.
D. The authority of the State Environmental Policy Act shall provide possible mitigation for all areas of wildlife habitat not covered by this chapter. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.080 Buffers.
A. Buffers of undisturbed native vegetation shall be required along all streams, lakes and ponds as classified by the Department of Natural Resources (DNR) water typing classification system (WAC 222-16-030 and 222-16-031). The buffer shall extend landward from the ordinary high water mark of the water body. The width of the buffer shall be established by the chart below. The buffer shall be established by a permanent protective easement, public or private land trust dedication, or similar protective mechanism as approved by the director.
|
DNR Water Type |
Riparian Habitat Width (feet) |
|---|---|
|
Type “S” (1); all waters as inventoried as shorelines of the state |
175 |
|
F (2 and 3); fish habitat waters |
150 |
|
Np (4); perennial nonfish habitat streams |
50 |
|
Ns (5); seasonal nonfish habitat streams |
35 |
B. Buffers of undisturbed native vegetation shall be required by the director as necessary to protect other wildlife habitat areas not within the buffers established under subsection (A) of this section. The buffer shall be established in consultation with state and federal resource agencies.
C. Buffers may be modified (increased or decreased) by the director using best available science and with the recommendations by a qualified professional: wildlife biologist, fisheries biologist, or professional habitat biologist as determined appropriate and showing that the following are satisfied:
1. Fish, wildlife, and plant habitat will not be harmed by the reduction in buffer area based on the proposed use and site development proposed;
2. The buffer area includes enhancement measures to improve the functional attributes of the buffer through the use of plantings of native plant/tree species and/or a restoration project. The improvements must be shown to improve the habitat conditions for wildlife; and
3. A best management practices plan addressing the proper design, layout, construction and use of the site is provided which is sufficient to mitigate impacts to wildlife and habitat areas.
D. The following uses are allowed in wildlife buffers:
1. Activities directly related to the cultural, recreational, scientific and educational aspects of the stream and which have a minimal adverse impact on the buffer and wildlife area. These may include passive recreational facilities, trails, view points, short-term scientific or educational facilities, and sports fishing and hunting;
2. Public utility corridors and large scale public recreational facilities such as trails and parks may be allowed in buffer areas; provided, that the proposal is subject to review under the State Environmental Policy Act, and that the structure and function of impacted fish and wildlife habitat is replaced and restored; and
3. Stormwater management facilities having no other feasible alternative. (Ord. 2232 § 8 (Exh. A), 2009).
16.20.090 Signs.
As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install temporary or permanent signs along the outer perimeter of a habitat conservation area or riparian buffer.
A. Temporary markers may be required around the outer perimeter of the habitat conservation area or riparian buffer and the limits of the areas to be disturbed pursuant to an approved permit or authorization. Markers shall be placed in the field in such a way as to ensure that no unauthorized intrusion will occur, and inspected by the director prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction, and shall not be removed until permanent signs, if required, are in place.
B. Permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. Signs must be posted at an interval of one per lot or every fifty feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director:
Habitat Conservation Area
Do Not Disturb
Contact City of Centralia (360) 330-7662
Regarding Uses and Restriction
(Ord. 2232 § 8 (Exh. A), 2009).
16.20.100 Habitat areas—Allowed uses and activities.
The following activities may be permitted within a riparian habitat area, pond, lake, water of the state, or associated buffer when the activity complies with the provisions set forth in the Centralia shoreline master program, other critical area standards, and the following standards. Those standards that provide the most protection to the protected habitat and species shall apply.
A. Clearing and Grading. When clearing and grading is permitted as part of an authorized activity or as otherwise allowed in these standards, the following shall apply:
1. Grading is allowed only during the dry season, which is typically regarded as beginning on May 1st and ending on October 31st of each year. This period may be extended or shortened by community development on a case-by case basis, determined by weather conditions, soil types and topography.
2. Filling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of an approved wetland alteration.
3. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the project area.
4. The moisture holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces.
5. Erosion and sediment control that meets or exceeds the standards set forth in the Stormwater Manual for Western Washington as adopted by Centralia as it exists now or hereafter amended shall be provided.
B. Shoreline Erosion Control Measures. New, replacement, or substantially improved shoreline erosion control measures may be permitted in accordance with an approved critical area report that demonstrates the following:
1. Natural shoreline processes will be maintained. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within one-quarter mile of the project area.
2. The shoreline erosion control measures will not degrade fish or wildlife habitat conservation areas or associated wetlands.
3. Adequate mitigation measures ensure that there is no net loss of the functions or values of intertidal habitat or riparian habitat as a result of the proposed shoreline erosion control measures.
C. Stream Bank Stabilization. Stream bank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report. An engineered plan and mitigation plan are also required.
D. Boat Launch Ramps—Public or Private. Launching ramps may be permitted in accordance with an approved critical area report that has demonstrated the following:
1. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within one-quarter mile of the site;
2. The ramp will not adversely impact critical fish or wildlife habitat areas or associated wetlands;
3. Adequate mitigation measures ensure that there is no net loss of the functions or values of riparian habitat as a result of the ramp.
E. Docks. Repair and maintenance of an existing dock or pier may be permitted in accordance with an approved critical area report subject to the following:
1. There is no expansion in over water coverage;
2. There is no new spanning of waters between three and thirteen feet deep;
3. There is no increase in the size and number of pilings; and
4. There is no use of toxic materials (such as creosote) that come in contact with the water.
5. New docks on lakes and ponds may be allowed provided there is no use of toxic materials and in accordance with an approved critical area report.
F. Roads, Paved Trails, Bridges, and Rights-of-Way. Construction of paved trails, roadways, roadway expansions and minor road bridging, may be permitted in accordance with an approved critical area report subject to the following standards:
1. There is no other feasible alternative route with less impact on the environment;
2. The crossing minimizes interruption of downstream movement of wood and gravel;
3. Roads in riparian habitat areas or their buffers shall not run parallel to the water body;
4. Paved trails should be located on the outer edge of the riparian area or buffer, except for viewing platforms, designated access points, and crossings;
5. Crossings, where necessary, shall only occur as near to perpendicular with the water body as possible;
6. Mitigation for impacts is provided pursuant to a mitigation plan of an approved critical area report;
7. Stream crossing structures (bridges and culverts) are designed according to the Washington State Department of Fish and Wildlife Fish Passage Design at Road Culverts, 2003, as written or hereafter amended, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000; and
8. Viewing platforms shall not be made of continuous impervious materials.
G. Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife Hydraulic Project Approval:
1. The channel, bank and buffer areas should be replanted with native vegetation in undisturbed riparian condition. For those shorelands and waters designated as frequently flooded areas, a professional engineer licensed in the state of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained.
2. Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated.
H. Pesticides, Fertilizers and Herbicides. Pesticides, herbicides or fertilizers are prohibited in fish and wildlife habitat areas or their buffers, except that those approved by the EPA and approved under a DOE Water Quality Modification Permit for use in fish and wildlife habitat area environments may be used when they are applied by a licensed applicator in accordance with the safe application practices.
I. Land Divisions and Land Use Permits. All proposed divisions of land and developments (industrial, commercial, public facilities and residential developments) which include fish and wildlife habitat areas shall comply with the following procedures and development standards:
1. Land that is located wholly within a habitat conservation area or its buffer cannot be further divided.
2. Land that is located partially in a habitat conservation area or its buffer may be divided; provided, that there is a developable portion of each new lot which meets the minimum lot size as required by zoning and that portion is located outside of the habitat conservation area and its buffer. This site must also have access and a sewage disposal system location that are suitable for development and do not adversely impact the fish and wildlife conservation areas.
3. Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts or an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the final documents or maps.
4. After preliminary approval and prior to final land division approval, the department may require the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the aquatic buffer.
5. New utility lines and facilities may be permitted to cross watercourses in accordance with an approved critical area report, if they comply with the following standards:
a. Fish and wildlife habitat areas shall be avoided to the maximum extent possible;
b. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone, where feasible;
c. The utilities shall cross at an angle less than thirty degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible;
d. Crossings shall be contained within the footprint of an existing road or utility crossing where possible;
e. The utility route shall avoid paralleling the stream or following a down-valley course near the channel; and
f. The utility installation shall not increase or decrease the natural rate of shore migration or channel migration.
J. New public flood protection measures and expansion of existing ones may be permitted, subject to review and approval of a critical area report and the approval of a federal biological assessment by the federal agency responsible for reviewing actions related to a federally listed species.
K. Instream structures, such as, but not limited to, high flow bypasses, sediment ponds, instream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed only as part of an approved watershed basin restoration project approved by the city and upon acquisition of any required state or federal permits. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect habitat conservation areas.
L. Stormwater conveyance facilities may be permitted in accordance with an approved critical area report subject to the following standards:
1. No other feasible alternatives with less impact exist;
2. Mitigation for impacts is provided;
3. Stormwater conveyance facilities shall incorporate fish habitat features; and
4. Vegetation shall be maintained and, if necessary, added adjacent to all open channels and ponds to retard erosion, filter out sediments, and shade the water.
M. New on-site systems and wells are prohibited in critical areas and their buffers. Repairs to failing on-site utility, both sewage and water systems, associated with an existing structure shall be accomplished by utilizing one of the following methods that result in the least impact:
1. Connection to an available public system;
2. Replacement with a new on-site system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed system complies with Lewis County health department regulations; or
3. Repair to the existing system.
N. Activities within the improved right-of-way including but not limited to construction of new utility facilities or improvements or upgrades to existing utility facilities that take place within existing improved right-of-way or existing impervious surface.
O. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems is permitted if the activity does not further alter or increase impact to, or encroach further within the critical area or buffer. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of a regular ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact endangered species.
P. Utility projects which have minor or short duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the functions or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:
1. There is no practical alternative to the proposed activity with less impact on critical areas;
2. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility;
3. The activity involves disturbance of no more than seventy-five square feet. (Ord. 2232 § 8 (Exh. A), 2009).