Chapter 17.25
FISH AND WILDLIFE HABITAT AREAS
Sections:
17.25.010 Applicability and identification.
17.25.020 Habitat assessments.
17.25.025 Habitat management plans.
17.25.035 Habitat protection for Puget Sound.
17.25.040 Habitat protection for creeks.
17.25.045 Riparian buffer regulations.
17.25.050 Allowable activities within riparian buffers.
17.25.005 Purpose.
The purpose of this chapter is to protect fish and wildlife habitat areas, particularly habitat areas for threatened and endangered species. Additionally, the purpose of this chapter is to provide protection for creeks and riparian habitat areas.
(Ord. 343 § 1, 2002).
17.25.010 Applicability and identification.
A. Applicability. This chapter applies to regulated activities within fish and wildlife habitat areas.
B. Identification of Fish and Wildlife Habitat areas. Fish and wildlife habitat areas regulated pursuant to this chapter include:
1. Areas which have a primary association with Federally listed endangered, threatened or candidate species and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term; or
2. Areas that have been documented by WDF&W as habitat for State listed endangered or threatened species; or
3. Creeks identified in UPMC 17.25.040.
(Ord. 343 § 1, 2002).
17.25.015 Mapping.
Fish and wildlife habitat areas are identified, to the extent possible, on maps provided by the department. The resources listed below provide additional information on fish and wildlife habitat areas:
A. Puget Sound Environmental Atlas, Puget Sound Water Quality Authority.
B. Coastal Zone Atlas of Washington, Volume VII, Pierce County, Washington Department of Ecology.
C. The following Washington Department of Natural Resources documents and data sources:
1. Stream typing maps.
2. Natural heritage database.
D. The following Washington Department of Fish and Wildlife documents and data sources:
1. Priority habitats and species program list and maps.
2. Wildlife Heritage Database.
3. Streamnet database.
E. Washington Department of Ecology information for Water Resource Index Area 12.
(Ord. 343 § 1, 2002).
17.25.020 Habitat assessments.
A. A habitat assessment shall be required for a site that may contain fish and wildlife habitat areas identified in this chapter. The habitat assessment shall be prepared by a wildlife biologist with a degree in wildlife biology. At a minimum the habitat assessment shall contain the following:
1. A discussion of the species or habitats known or expected to be located on the site.
2. A site plan that clearly identifies and delineates fish and wildlife habitats found on the site.
3. Such other information as the Director determines is necessary to adequately evaluate the impact of the regulated activity on fish and wildlife habitat.
B. If a habitat assessment demonstrates to the satisfaction of the Director that fish and wildlife habitat or species are not located on the site, the development can proceed without further requirements under this section; otherwise, a habitat management plan shall be submitted pursuant to UPMC 17.25.025.
(Ord. 343 § 1, 2002).
17.25.025 Habitat management plans.
A. Where fish and wildlife habitat is present on a proposed development site, a habitat management plan shall be prepared by a wildlife biologist with a degree in wildlife biology. The habitat management plan shall contain at a minimum the following:
1. A discussion of the project’s impacts on fish and wildlife habitat.
2. A discussion of Federal and/or State management recommendations for species or habitats located on the site.
3. A discussion of measures proposed to preserve existing habitats.
4. A discussion of proposed measures that mitigate impacts of the project.
5. A discussion of ongoing management practices that will protect fish and wildlife habitat after the site has been fully developed, including proposed monitoring and maintenance programs.
6. Such further information as the Director determines is necessary to adequately assess the impact of the regulated activity upon the habitat or species.
B. Habitat management plans shall be sent to the WDF&W and appropriate State and Federal agencies for comment.
(Ord. 343 § 1, 2002).
17.25.030 Regulation.
A. Development proposals shall consolidate habitat and vegetated open space in linked corridors to provide connectivity to off-site wildlife habitat.
B. Where habitat for Federally listed endangered or threatened species is present, development proposals must comply with the provisions of ESA. Consultation with Federal agencies may be required. Development proposals in such areas shall be denied unless the applicant can show conclusively that the project would not result in the taking of a Federally listed species.
C. Protection of fish and wildlife habitat shall not be required where such habitat is isolated or severely fragmented due to previous development and urbanization. Where an applicant can demonstrate to the satisfaction of the Director, through submittal of a habitat assessment, that protection of on-site fish and wildlife habitat would not result in a viable long-term population, such protection measures shall not be required. For proposals subject to the Shoreline Master Program provisions in UPMC Title 18, the Director may not waive the requirement for protection of fish and wildlife habitat unless the proposal demonstrates how it will comply with the mitigation sequencing requirements per UPMC 18.25.070(C)(2) and achieve no net loss of shoreline ecological function.
The above language does not apply in the case of Federally listed endangered and threatened species and habitat areas that must be preserved pursuant to subsection (B) of this section.
D. All projects may be conditioned based on agency comments and the Director’s evaluation of impact to fish and wildlife habitat and species. Projects may be denied if the proposal will result in extirpation or isolation of a regulated fish or wildlife population, species or habitat area.
E. Habitat assessments, habitat management plans and the provisions of this section shall not be required for fish habitat areas where all development is outside of prescriptive creek and/or wetland buffers per UPMC 17.25.040.
F. Additional laws and procedures used to implement this chapter shall include but not be limited to the Washington State Environmental Policy Act (Chapter 43.21C RCW), the City’s environmental regulations, the Shorelines Management Act (Chapter 90.58 RCW), the City Shoreline Master Program and Use Regulations, the Federal Endangered Species Act and UPMC Title 22, Administration of Development Regulations.
G. Impacts to fish and wildlife habitat shall be considered and addressed during SEPA environmental review, if required.
(Ord. 630 § 1 (Exh. A), 2013; Ord. 343 § 1, 2002).
17.25.035 Habitat protection for Puget Sound.
Habitat protection for Puget Sound shall be provided through education and existing laws, including but not limited to those referenced in UPMC 17.25.030(F).
(Ord. 343 § 1, 2002).
17.25.040 Habitat protection for creeks.
Regulated activities proposed along creeks shall provide for habitat protection.
A. Habitat protection for creeks shall be provided through riparian buffers.
1. Except as provided in this title, no development activity shall occur in riparian buffers.
2. The riparian buffer shall consist of undisturbed natural vegetation and shall be required along all creeks identified in Table 2. The buffer shall extend landward from the ordinary high water mark on each side of the water body a distance specified in Table 2.
3. The buffers specified in this section are the minimum buffers required. Larger buffers may be required to provide adequate protection for fish and wildlife habitat. Larger riparian buffers may be required when the Department demonstrates that:
a. A larger buffer is necessary to maintain viable populations of existing species; or
b. The adjacent land is susceptible to severe erosion and erosion control measures will not prevent adverse water quality impacts.
4. The riparian buffer of a creek shall not extend landward beyond an existing substantial linear improvement such as an improved road, dike, or levee, when an applicant can show that such existing improvement significantly reduces the impact the proposed activities would have on the creek.
B. Required Riparian Buffer Widths. Buffers shall be required as shown in Table 2.
Table 2 - Riparian Buffer Widths
|
Creek Name |
Buffer Width |
|
Chambers Creek |
200’ |
|
Leach Creek |
100’ |
|
Peach Creek |
75’ |
|
Crystal and Day Creeks |
25’ |
|
Non-Listed Creeks |
10’ |
(Ord. 343 § 1, 2002).
17.25.045 Riparian buffer regulations.
A. Marking of the Buffer Area. The edge of the riparian buffer area shall be clearly staked, flagged and/or fenced prior to and through completion of construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground, during construction.
B. Prior to final approval of any project requiring riparian buffers, the creek and required riparian buffer area shall be placed in a separate fish and wildlife habitat tract, protective easement, public or private land trust dedication, or similarly preserved through an appropriate permanent protective mechanism pursuant to Department approval. The boundary between a fish and wildlife habitat tract, easement, land trust dedication or similarly preserved area and the adjacent land shall be identified with permanent signs. Sign location, size, wording and design specifications shall be subject to Department approval. All protected areas identified above shall remain undeveloped in perpetuity, except as they may be altered pursuant to this title.
C. Building Setback and Construction Adjacent to Buffer. A minimum construction setback of eight feet from the outside edge of the riparian buffer (as shown in Figure 25-1) shall be required for construction of any impervious surface(s) greater than 120 square feet of base coverage. The construction setback shall be required in addition to any buffer required pursuant to this chapter. Clearing, grading, and filling within the eight-foot construction buffer shall only be allowed when the applicant can demonstrate that vegetation within the buffer will not be damaged.
D. Fencing from Farm Animals. Farm animals shall be permanently fenced from creek and buffer areas.
(Ord. 343 § 1, 2002).
17.25.050 Allowable activities within riparian buffers.
The following activities may occur within the riparian buffer, after notification to the department; provided, that BMP’s are implemented and any required permits are obtained.
A. Removal of diseased trees and trees that present a hazard to improvements. Trees that present a hazard to improvements shall only be removed if trimming or other modification would not eliminate the hazard. Dead trees that provide habitat value and do not threaten existing improvements shall not be removed.
B. Repair of existing fences.
C. Reconstruction, repair or maintenance of existing docks and bulkheads as authorized and pursuant to shoreline management regulations, and as approved pursuant to a hydraulic permit from WDF&W and a section 404 permit from Army Corps of Engineers.
D. Construction, reconstruction, repair or maintenance of a pervious path, primarily running perpendicular to the creek, less than four feet in width, for purposes of private access to the shoreline.
E. Construction, reconstruction, repair or maintenance of public trails and accessory facilities. The width of the trail shall be added to the required buffer width where possible.
F. Reconstruction, repair or maintenance of existing roadways, bridges, rights-of-way, and utility lines where no feasible alternative exists, and where the development minimizes impacts on the stream and buffer area.
G. Placement of utility lines where no feasible alternative exists.
H. Construction or reconstruction of single-family, duplex or condominium units on a lot that was platted, or approved pursuant to a planned development district (PDD), prior to adoption of this ordinance. Structures shall be located outside of buffers in effect when the lot was created and shall be subject to fish and wildlife habitat regulations in effect at that time. A completed building permit application for the construction or reconstruction must be submitted within 5 years of final plat or PDD approval, or this exemption does not apply.
I. Enhancements to natural buffers consistent with education and restoration activities (such as re-vegetation or nest boxes).
(Ord. 343 § 1, 2002).