Chapter 16.56
WILDLIFE HABITAT AREA
Sections:
16.56.040 Relationship to framework ordinance.
16.56.060 Mapping and documentation.
16.56.070 Habitat assessments.
16.56.080 Habitat management plans.
16.56.010 Short title.
The ordinance codified in this chapter, together with any amendments, shall be known as the “Fish and Wildlife Habitat Area Ordinance.” (Ord. 2071 § 32, 2003: Ord. 1546 § 1 (part), 1992)
16.56.020 General authority.
This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 1546 § 1 (part), 1992)
16.56.030 Purpose.
The purpose of this chapter is to regulate development and the use of land in order to preserve and protect areas of critical and endangered fish and wildlife habitat; and to conform with the Washington State Growth Management Act. (Ord. 2071 § 33, 2003: Ord. 1546 § 1 (part), 1992)
16.56.040 Relationship to framework ordinance.
The provisions of this chapter shall apply in conjunction with SMC 16.40.030 through 16.40.200. (Ord. 1546 § 1 (part), 1992)
16.56.050 Applicability.
Fish and wildlife habitat areas are those areas identified as being of critical importance to sustain needed habitats and species for the functional integrity of the ecosystem and which, if altered, may reduce the likelihood that the species will persist over the long term; these areas may include:
A. Designated critical habitat for federally or state-listed endangered, threatened, or sensitive species of fish, wildlife, or plants;
B. Areas containing priority habitat and species as identified by the Washington State Department of Fish and Wildlife that are of local importance;
C. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;
D. The portion of the special flood hazard area within 200 feet of the OHWM of any lake, river or stream;
E. 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;
F. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
G. State natural area preserves and natural resource conservation areas and state wildlife areas as designated by either the Washington State Department of Natural Resources or the Washington State Department of Fish and Wildlife. (Ord. 2596S § 6, 2017: Ord. 2596 § 6, 2017: Ord. 2532 § 7, 2015: Ord. 2071 § 34, 2003: Ord. 1546 § 1 (part), 1992)
16.56.060 Mapping and documentation.
Fish and wildlife habitat areas shall be identified in the following documents:
A. The Washington Department of Natural Resources water typing maps;
B. The Washington Department of Wildlife Priority Habitats and Species (PHS) Program;
C. The Washington Department of Natural Resources Natural Heritage Program and Aquatic Resources Program;
D. The effective Flood Insurance Rate Map (FIRM); and
E. Other appropriate documents prepared by state or federal agencies, which include but are not limited to U.S. Fish and Wildlife Service, National Marine Fisheries Service, Washington Department of Fish and Wildlife, or Washington Department of Natural Resources, or documents prepared by qualified professional consultants for the city. (Ord. 2596S § 7, 2017: Ord. 2596 § 7, 2017: Ord. 2532 § 8, 2015: Ord. 2071 § 35, 2003: Ord. 1546 § 1 (part), 1992)
16.56.070 Habitat assessments.
A habitat assessment, prepared by a professional fisheries or wildlife biologist, shall be submitted for all nonexempt activities proposed on a site which contains or is within: (A) 300 feet of documented habitat for threatened, endangered, or sensitive fish or wildlife species as identified by documents listed under SMC 16.56.060; (B) a wetland, wetland buffer, stream, or stream buffer; or (C) the portion of the mapped special flood hazard area within 200 feet of the OHWM of any lake, river or stream. Sites subject to a habitat assessment are hereinafter referred to as “potential habitat sites.” 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.
The habitat assessment shall include a discussion and inventory of species or habitats known or expected to be located on a potential habitat site. The director or designee may modify the assessment area based on the species-specific recommendations from a state or federal agency with expertise regarding the particular habitat or species applicable to the potential habitat site. (Ord. 2596S § 8, 2017: Ord. 2596 § 8, 2017: Ord. 2532 § 9, 2015: Ord. 2071 § 36, 2003: Ord. 1546 § 1 (part), 1992)
16.56.080 Habitat management plans.
A. If the habitat assessment demonstrates to the satisfaction of the director that fish and wildlife habitat areas are not present within the potential habitat site, 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. The purpose of the habitat management plan is to provide for the implementation, monitoring, and maintenance of permanent mitigation and restoration measures for fish and wildlife habitat. Habitat management plans shall be prepared by a professional wildlife biologist or fisheries 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.
B. The habitat management plan for sites within 300 feet of documented habitat for threatened, endangered, or sensitive fish or wildlife species (SMC 16.56.070(A)), or sites containing a wetland, wetland buffer, stream, or stream buffer (SMC 16.56.070(B)), shall contain at a minimum:
1. Site description and project description;
2. An inventory of fish and wildlife habitat on and adjacent to the site and discussion of the project’s effects on fish and wildlife habitat;
3. A discussion of any federal, state, or local special management recommendations which have been developed for species or habitats located on and adjacent to the site;
4. A discussion of measures to preserve existing habitats and restore habitats which were degraded prior to the proposed land use activity. Restoration plans shall include at a minimum the following:
a. Planting and soil specifications;
b. Success standards;
c. Contingency plans; and
d. Invasive species control plan;
5. A discussion of proposed measures which avoid, minimize, and mitigate the impacts of the project;
6. An evaluation of the effectiveness of the proposed mitigation and restoration measures;
7. A discussion of ongoing management practices which will protect fish and wildlife habitat after the project site has been fully developed, including proposed monitoring and maintenance programs;
8. An assessment of habitat recommendations proposed by resource agencies and their applicability to the proposal;
9. Any additional information necessary to determine the impacts of a proposal and mitigation of the impacts including use of low impact development, minimization of impervious surfaces, etc.;
10. When applicable, field verification of the DNR stream type shall be required that identifies flow alterations, locates fish passage barriers, and determines the presence of fish. Field verification of all intermittent or non-fish bearing streams should occur, when practicable, during the wet season months of October to March; and
11. Identification of any applicable data sources.
C. The habitat management plan for sites within the portion of the mapped special flood hazard area within 200 feet of the OHWM of any lake, river or stream (SMC 16.56.070(C)) shall contain:
1. Site description and project description;
2. A description of the habitat functions within the site;
3. A discussion of the effects of the project on:
a. Water quality and water quantity;
b. Flood storage capacity;
c. Channel migration and bank stability;
d. Riparian vegetation;
e. Habitat forming processes (such as large wood recruitment) and habitat isolation;
f. Refuge for fish from higher velocity floodwaters;
g. Spawning substrate;
4. A discussion of the degree to which the project includes bank armoring and channel straightening, and the effects of those activities on habitat functions;
5. A discussion of proposed measures which avoid, minimize, and mitigate the impacts of the project. Restoration plans shall include at a minimum the following:
a. Planting and soil specifications;
b. Success standards;
c. Contingency plans; and
d. Invasive species control plan;
6. An evaluation of the effectiveness of the proposed mitigation and restoration measures;
7. Any additional information necessary to determine the impacts of a proposal and mitigation of the impacts including use of low impact development, minimization of impervious surfaces, etc.; and
8. Identification of any applicable data sources.
D. Habitat management plans shall be forwarded to state and/or federal resource agencies with expertise regarding the particular fish or wildlife identified in the HMP for review and comment.
E. Annual monitoring reports shall be provided to the city by the property owner until the mitigation and/or restoration has been in place for at least 10 years and the success standards have been met. The city shall forward the monitoring reports annually to the federal agencies with expertise regarding the particular fish or wildlife identified in the HMP along with the following:
1. A list and map of the location of development permits issued in the last calendar year;
2. The implementation status of habitat management plans; and
3. The status of the habitat improvements. (Ord. 2596S § 9, 2017: Ord. 2596 § 9, 2017: Ord. 2532 § 10, 2015: Ord. 2071 § 37, 2003: Ord. 1546 § 1 (part), 1992)
16.56.090 Regulations.
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 critical habitat and/or fish or wildlife areas. Mitigating measures may include, but are not limited to, increased buffers, building setbacks, enhanced buffers, reduced project scope, limitations on construction hours, limitations on hours of operation, and relocation of access. Projects may be denied if the proposal will result in extirpation or isolation of other critical fish, wildlife, or plant species or their habitat. The authority of the State Environmental Policy Act shall provide possible mitigation for all areas of fish or wildlife habitat not covered by this chapter. (Ord. 2596S § 10, 2017: Ord. 2596 § 10, 2017: Ord. 2532 § 11, 2015: Ord. 2071 § 38, 2003: Ord. 1546 § 1 (part), 1992)
16.56.100 Buffers.
A. Based on the information provided in the habitat management plan, buffers of undisturbed native vegetation shall be provided to ensure retention of fish and wildlife habitat areas.
B. Buffers established for fish and wildlife habitat areas shall be established by the director in order to provide adequate protection of the resource. The buffer shall be established in consultation with state and federal resource agencies. Buffers established by other regulations in this title shall be given substantial weight towards addressing the mitigation of fish and wildlife and habitat impacts.
C. Buffers, consisting of undisturbed native vegetation, shall be required along all streams, lakes and ponds as classified by the DNR water typing classification system (WAC 222-16-030). The buffer shall extend landward from the ordinary high water mark of the water body. The buffer shall not extend landward beyond a public right-of-way that contains an improved street. The buffer shall be separated from adjacent private property by a physical barrier such as, but not limited to, a pathway, berm, vegetation, or fence. The barrier shall be designed to allow for the movement of fish and wildlife and shall be approved by the director. 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. An easement shall also be provided by the underlying property owner that grants the city access to the buffer for the placement of further conservation/restoration measures.
|
DNR Water Type |
Buffer Width in Feet |
|---|---|
|
F |
100 |
|
Np |
50 |
|
Ns |
25 |
D. For projects in areas subject to the requirements of the Sumner Shoreline Master Program, the buffer widths and applicable regulations shall be established in the Sumner Shoreline Master Program.
E. Buffers for Type Np and Ns streams which are not required by other regulations may be modified by the director upon a 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 species. The improvements must be shown to improve the habitat conditions for wildlife;
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;
4. Under no circumstance shall the buffer be reduced below those shown in the table below:
|
DNR Water Type |
Buffer Width in Feet |
|---|---|
|
Np |
25 |
|
Ns |
20 |
F. Buffers for Type F streams which are not required by other regulations may be modified upon approval of a variance per SMC 16.40.120 and a showing that the following are satisfied:
1. The subject parcel is less than 200 feet in depth as measured perpendicular from the ordinary high water mark;
2. The buffer is not reduced below 75 feet and there is not net loss of buffer function;
3. The impervious surface of the reduced portion of the buffer shall not exceed 10 percent unless the following measures are taken:
a. The removal of an equivalent amount of existing impervious surface within the sub-basin of the Type F stream; and
b. The permanent setting aside and habitat restoration of area(s) where impervious surface has been removed;
4. Appropriate federal agencies shall be consulted if requirements of subsection (F)(2) or (3) of this section are not possible and appropriate state agencies may be consulted;
5. Fish, wildlife and plant habitat will not be harmed by the reduction in buffer area based on the proposed use and site development proposed;
6. The buffer area includes enhancement measures to improve the functional attributes of the buffer through the use of plantings of native plant species. The improvements must be shown to improve the habitat conditions for wildlife and shall be monitored per SMC 16.56.080(C);
7. 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;
8. Monitoring of mitigation actions is required to verify long-term functional improvement of the enhanced buffer area per SMC 16.56.080(C).
G. The following uses are allowed in fish and 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 regional 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 mitigated; and that appropriate federal and state agencies are notified of the project. (Ord. 2532 § 12, 2015: Ord. 2071 § 39, 2003: Ord. 1906 §§ 5, 6, 1999; Ord. 1546 § 1 (part), 1992)