20D.140.20 Fish and Wildlife Habitat Conservation Areas.

20D.140.20-010 Classification and Rating of Fish and Wildlife Habitat Conservation Areas.

The Growth Management Act identifies fish and wildlife habitat conservation areas. These areas include:

ß Areas with which species of concern have a primary association.

# Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

# State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species), and WAC 232-12-011 (state threatened and sensitive species). The Washington State Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status. Included, also, are state candidate species which include fish and wildlife species that the Washington Department of Fish and Wildlife will review for possible listing as endangered, threatened, or sensitive.

ß State priority habitats and areas associated with state priority species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the Washington State Department of Fish and Wildlife.

ß Habitats and species of local importance. Habitats and species of local importance are those identified by the City of Redmond, including those that possess unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators. The City Council shall formally designate habitats and species of local importance, if any, through the Development Guide amendment process.

ß Naturally occurring ponds under 20 acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

ß Waters of the state. Waters of the state includes lakes, rivers, ponds, streams, inland waters, underground waters, and other surface waters and watercourses within the jurisdiction of the State of Washington, as classified in WAC 222-16-031.

ß Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.

ß Land essential for preserving connections between habitat blocks and open spaces.

To promote consistent application of the standards and requirements of this chapter, fish and wildlife habitat conservation areas within the City of Redmond shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance.

(1) Core Preservation Areas. Core preservation areas include those areas of the City which are already protected through other regulatory mechanisms. They include native growth protection easements, Class I streams and their buffers, and Class II through IV streams and other areas similarly protected. They may also include lands where development rights have been sold and some lands with recorded open space easements, depending on the purpose of the easement. The core preservation area includes wetlands and streams and their associated buffers as they become identified at a site-specific level.

(2) Species Protection. Species of concern, priority species, and species of local importance shall be protected through management recommendations. “Species of concern” includes those species listed as state endangered, threatened, sensitive, or candidate, as well as those species listed or proposed for listing by the federal government. Priority species are those species considered to be priorities for conservation and management and are identified in the Washington Department of Fish and Wildlife Priority Habitat and Species (PHS) List. In Redmond, “species of local importance” refers to the Great Blue Heron.

(3) Quality Habitat Areas. As sites are assessed for development, the Department shall evaluate each site for the presence of quality habitat using the following methodology. Sites will be qualitatively scored based upon several parameters indicative of habitat qualities. These parameters include size, community diversity, interspersion (spatial patterns), continuity, forest vegetation layers, forest age, and invasive plants. This assessment will allow the City to identify remaining quality habitat in the City, to protect remaining quality habitat by imposition of the performance standards outlined in RCDG 20D.140.20-070 so long as there is no significant adverse economic impact to the developer, and to provide incentives to preserve such quality habitat.

(4) Riparian Stream Corridors. Riparian stream corridors include Class I through IV streams and adjacent riparian habitat areas (stream buffers). Streams shall be designated Class I, Class II, Class III, and Class IV according to the criteria in this subsection. When more than one classification is present in short alternating segments on the property in question it will be classified according to the stream class which is more restrictive.

(a) “Class I” are those streams identified as “Shorelines of the State” under the City of Redmond Shoreline Master Program.

(b) “Class II” are those natural streams that are not Class I and are either perennial or intermittent and have salmonid fish use or the potential for salmonid fish use.

(c) “Class III” are those natural streams that are not Class I or Class II and are either perennial or intermittent and have one of the following characteristics:

(i) Nonsalmonid fish use or the potential for nonsalmonid fish use; or

(ii) Headwater streams with a surface water connection to salmon bearing or potentially salmon bearing streams (Class I or II).

(d) “Class IV” are those natural streams that are not Class I, Class II, or Class III. They are either perennial or intermittent, do not have fish or the potential for fish, and are nonheadwater streams.

(e) Intentionally Created Streams. These are manmade streams defined as such in these regulations, and do not include streams created as mitigation. Purposeful creation must be demonstrated to the Committee through documentation, photographs, statements and/or other evidence. Intentionally created streams may include irrigation and drainage ditches, grass-lined swales, or other artificial watercourses unless they are used by salmonid fish or created for the purpose of stream mitigation.

(5) Classification of fish and wildlife habitat conservation areas shall be determined by the Department based on consideration of the following factors:

(a) Maps adopted pursuant to this chapter, including the fish and wildlife habitat conservation area core preservation areas map and stream classification map. This map shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of fish and wildlife habitat conservation areas and streams shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City’s map and the criteria or standards of this section, the criteria and standards shall prevail;

(b) Department of Fish and Wildlife priority habitat and species maps;

(c) Anadromous and resident salmonid distribution maps contained in the habitat-limiting factors reports published by the Washington State Conservation Commission;

(d) Federal and state information and maps related to species of concern;

(e) Application of the criteria contained in these regulations; and

(f) Consideration of the technical reports submitted by qualified consultants in connection with the applications subject to these regulations. (Ord. 2278; Ord. 2259)

20D.140.20-020 Stream Buffers.

(1) Stream buffers shall be sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which include, but are not limited to, protection of instream fish habitat through control of temperature and sedimentation in streams; preservation of fish and wildlife habitat; and connection of riparian wildlife habitat to other habitats.

(2) Stream buffers shall be measured from the ordinary high water mark.

(3) The following stream buffers are established for streams:


Riparian Stream Corridor Classification	Stream Buffer Width (feet)
Class I
ß Sammamish River north of PSE powerline crossing	ß 150′ inner buffer + 50′ outer buffer
ß Sammamish River south of PSE powerline crossing	ß 150′
ß Bear Creek west of Avondale Road	ß 150′
ß Bear Creek east of Avondale Road	ß 150′ inner buffer + 50′ outer buffer
ß Evans Creek	ß 150′ inner buffer + 50′ outer buffer
Class II	100′ + 50′ outer buffer
Class III	100′
Class IV
ß Perennial	ß 36′
ß Intermittent	ß 25′

(4) Increased Stream Buffer Widths. The recommended stream buffer widths may be increased as follows:

(a) When the Department determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat areas;

(b) When the frequently flooded area exceeds the recommended stream buffer width, the stream buffer shall extend to the outer edge of the frequently flooded area;

(c) When the stream buffer is within a landslide hazard area or its buffer, the stream buffer shall be the recommended distance, or the landslide hazard area buffer, whichever is greater. Similarly if the stream buffer is within an erosion hazard area, the stream buffer shall be the recommended distance or the extent of the erosion hazard area.

(5) Reduced Stream Buffer Widths. Stream buffer widths must meet the required width as described in the table in subsection (3) of this section. This does not refer to stream buffer width averaging. See below provisions under which stream buffer width averaging is permitted.

(6) Stream Buffer Width Averaging. The Director may allow the recommended stream buffer width to be reduced in accordance with best available science only if:

(a) The width reductions will not reduce stream or habitat functions, including those of nonfish habitat;

(b) The width reduction will not degrade the habitat, including habitat for salmonid fisheries;

(d) The total area contained in the stream buffer area after averaging is no less than that which would be contained within the standard stream buffer area; and

(e) The buffer width is not reduced to less than 25 percent of the standard stream buffer width or 25 feet, whichever is greater.

(7) For Class I and II streams, buffer averaging may be applied to the inner buffer. The following provisions apply to the inner buffer:

(a) The width of the inner buffer shall not be reduced below 75 percent of the required inner buffer width at any point;

(b) Encroachment shall not occur into the buffer of an associated wetland;

(d) There is a net improvement in overall buffer ecological functions; and

(e) Averaging shall not preclude the opportunity for future recovery of structure and function.

(8) For Class I and II streams, maximum clearing and grading within the outer 50-foot buffer is 35 percent of the outer buffer area. Nothing in this provision shall be construed to require remediation of existing situations where the current clearing and grading is in excess of 35 percent. No net effective impervious surface may be created within this area.

(9) No structures or improvements shall be permitted within the stream buffer, including buildings, decks, and docks, except as otherwise permitted or required under the City’s adopted Shoreline Master Program, or under one of the following circumstances:

(a) When the improvements are part of an approved rehabilitation or mitigation plan; or

(b) For construction of new roads and utilities, and accessory structures, when no feasible alternative location exists; or

(i) Constructed of permeable materials;

(ii) Designed to minimize impact on the stream system;

(iii) Of a maximum trail corridor width of five feet; and

(iv) Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the stream;

See also RCDG 20D.150.180, Shoreline Access, for trail construction in shorelines of the state;

(d) Footbridges; or

(e) Minor educational facilities, such as informational signs; or

(f) Storm water conveyance systems.

(10) Businesses currently located in the stream buffers may continue to operate. A nonconforming use may be expanded provided the expansion does not create significant additional impacts to the stream buffers. Nonconforming structures may be maintained and repaired and may be enlarged or expanded provided said enlargement does not extend the structure closer to the riparian stream corridor.

(11) Nothing in this section shall be construed to require the removal of existing structures within stream buffers. (Ord. 2259)

20D.140.20-030 Alteration of Fish and Wildlife Habitat Conservation Areas – Generally.

Alteration of fish and wildlife habitat conservation areas may only be permitted subject to the criteria in RCDG 20D.140.20-050 and 20D.140.20-060, 20D.140.30-030, 20D.140.40-030, 20D.140.50-030, and 20D.140.60-040. (Ord. 2259)

20D.140.20-040 Alteration of Riparian Stream Corridors.

(1) Relocation of a Class I, II, or III riparian stream corridor in order to facilitate general site design will not be allowed. Relocation of these riparian stream corridors may take place only when it is part of an approved mitigation or rehabilitation plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.

(2) Bridges shall be used to cross Class I streams.

(3) Culverts are allowable only under the following circumstances:

(a) Only in Class II, III, and IV streams;

(b) When fish passage will not be impaired;

(c) When the design criteria of the Washington State Department of Fish and Wildlife, Design of Road Culverts for Fish Passage, 2003, are met; and

(d) The applicant or successors shall, at all times, keep any culvert free of debris and sediment to allow free passage of water and, if applicable, fish.

(4) Streambank 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 areas report.

(5) Construction of roads and minor road bridging may be permitted in accordance with an approved critical areas report subject to the following:

(a) There is no other feasible alternative route with less impact on the environment;

(b) The crossing minimizes interruption of downstream movement of wood and gravel;

(d) Crossings, where necessary, shall only occur as near to perpendicular with the waterbody as possible;

(e) Mitigation for impacts is provided pursuant to an approved mitigation plan; and

(f) Road bridges are designed according to the Department of Fish and Wildlife Design of Culverts for Fish Passage, 2003, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000.

(6) The City may require that a stream be removed from a culvert as a condition of approval, unless the culvert is not detrimental to fish habitat or water quality, or removal would be detrimental to fish or wildlife habitat or water quality. (Ord. 2259)

20D.140.20-050 Alteration of Fish and Wildlife Habitat Conservation Areas.

(1) Alterations of core preservation areas shall be avoided, subject to RCDG 20D.140.10-190, Reasonable Use Provision, and RCDG 20D.140.10-200, Public Project Reasonable Use Provision.

(2) Species Protection. Species management recommendations for development impacting species of concern, priority species, and species of local importance shall be implemented. Management recommendations are based on the following factors: species recommendations of the Washington State Department of Fish and Wildlife; recommendations contained in the wildlife study submitted by a qualified consultant; and the nature and intensity of land uses and activities occurring on the site and on adjacent sites.

(3) Alteration of Quality Habitat Areas. Fish and Wildlife Habitat Conservation Area Performance Standards, RCDG 20D.140.20-070, shall apply to quality habitat areas unless application of such standards would result in a significant adverse economic impact on the owner or developer. (Ord. 2259)

20D.140.20-060 Riparian Stream Corridor Performance Standards.

(1) Use plants indigenous to the region (not introduced or foreign species);

(2) Use plants adaptable to a broad range of water depths;

(3) Plants should be commercially available or available from local sources;

(4) Plant species high in food and cover value for fish and wildlife must be used;

(5) Plant mostly perennial species;

(6) Avoid committing significant areas of the site to species that have questionable potential for successful establishment;

(7) Plant selection must be approved by a qualified consultant;

(8) Substrate should consist of a minimum of one foot, in depth, of clean (uncontaminated with chemicals or solid/hazardous wastes) inorganic/organic materials;

(9) Planting densities and placement of plants should be determined by a qualified consultant and shown on the design plans;

(10) The planting plan must be approved by the Department;

(11) Confine stockpiling to upland areas and ensure contract specifications should limit stockpiling of earthen materials to durations in accordance with City clearing and grading standards, unless otherwise approved by the Committee;

(12) Planting instructions shall be submitted which describe proper placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;

(13) Apply controlled release nonphosphorus fertilizer at the time of planting and afterward only as plant conditions warrant (determined during the monitoring process);

(14) Install an irrigation system, if necessary, for the initial establishment period;

(15) Construction specifications and methods must be approved by a qualified consultant and the Department;

(16) Construction management should occur by a qualified consultant and be inspected by the City; and

(17) Limit the use of pesticides near streams. (Ord. 2259)

20D.140.20-070 Fish and Wildlife Habitat Conservation Area Performance Standards.

The following standards shall apply to all sites where a species protected under this chapter has been identified. These standards shall also apply to sites where quality habitat has been identified unless application of any of these standards would result in a significant adverse economic impact on the owner or developer.

(1) Relevant performance standards from RCDG 20D.140.20-060 and 20D.140.30-040, as determined by the Department, shall be incorporated into mitigation plans.

(2) The following additional mitigation measures shall be reflected in mitigation planning:

(a) Consider habitat in site planning and design;

(b) Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;

(d) Where possible, consolidate habitat and vegetated open space in contiguous blocks;

(e) Locate habitat contiguous to other habitat, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas;

(f) Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;

(g) Emphasize heterogeneity and structural diversity of vegetation in landscaping;

(h) Remove and/or control any noxious weeds or animals as defined by the City; and

(i) Preserve significant trees, preferably in groups, consistent with RCDG 20D.80.20 and with achieving the objectives of these standards.

(3) Landscape plan shall be submitted consistent with the requirements of RCDG 20D.80.10-040 and with the goals and standards of this chapter. The plan shall reflect the report prepared pursuant to RCDG 20D.140.10-060. (Ord. 2259)