16.05.250 Vegetation management.
Vegetation within and adjacent to water bodies provides a valuable function for the health of aquatic ecosystems. Vegetation management involves both a passive and active management system. The intent of both systems is to minimize habitat loss and the impact of invasive plants, erosion, sedimentation, and flooding. “Passive” vegetation management deals with protection and enhancement of existing diverse native plant communities along all shorelines including creeks, streams, wetlands, and lakes. “Active” vegetation management involves aquatic weed control as well as the restoration of altered or threatened shorelines using technology called soil bioengineering. Soil bioengineering reestablishes native plant communities as a dynamic system that stabilizes the land from the effects of erosion. The following regulations apply to any activity, development, or use which results in the removal of or impact to shoreline vegetation, whether or not that activity requires a shoreline permit. Such activities include clearing, grading, grubbing, and trimming of vegetation. These provisions also apply to vegetation protection and enhancement activities.
(1) All vegetation removal activities shall adhere to the requirements of the City’s code pertaining to clearing (Chapter 14.60 CMC), critical areas (Chapter 18.65 CMC), and tree preservation and protection (Chapter 18.45 CMC), unless more restrictive standards are provided for in this chapter. A shoreline exemption letter or substantial development permit is required unless otherwise stated in this section. Unless specified, the term “vegetation” includes trees.
(2) Selective Vegetation Pruning. Pruning of existing trees and vegetation within the shoreline jurisdiction with hand labor and hand-operated equipment consistent with current International Society of Arboriculture (ISA) best management practices guidelines, in accordance with the master program, is allowed without a shoreline permit or approval. A clearing and grading permit, major or minor tree permit, and/or SEPA review may still be required. In no event may a tree or vegetation which is an active nest site for a species of local importance be pruned.
(3) Removal of vegetation within areas classified as critical areas or critical area buffers under Chapter 18.65 CMC, or shoreline buffers under CMC 16.05.280, is subject to the following provisions:
(a) Removal of vegetation in such areas is prohibited unless such removal is determined to be necessary to support a water-oriented use, in connection with an approved alteration, to remove a documented hazard to existing development, or to remove noxious weeds as listed by the State in Chapter 16-750 WAC, and no other feasible alternative exists.
(b) All vegetation removal in such areas shall document how they comply with all of the requirements of CMC 16.05.230(3), Mitigation Sequencing, and Chapter 18.65 CMC.
(c) Vegetation removed in such areas, other than significant trees, shall be replaced at a spatial ratio of 1:1 to replicate the structural habitat and ecological functions provided by native species. Significant trees shall be replaced according to subsection (6) of this section.
(d) All vegetation and significant trees removed from such areas shall be replaced within the same critical area, critical area buffer, or shoreline buffer.
(e) New or expanded lawn areas within shoreline buffers shall be prohibited.
(f) The City shall require a report prepared by a qualified professional to ensure impacts are mitigated.
(4) Outside of areas classified as critical areas or critical area buffers under CMC 16.05.230(2), or shoreline buffers under CMC 16.05.280, removal of vegetation shall only be allowed in association with a permitted shoreline use or development, except that the following activities may be allowed independent of a permitted shoreline use or development:
(a) Removal of noxious weeds as listed by the State in Chapter 16-750 WAC, provided such activity shall be conducted in a manner consistent with best management practices and the City of Covington’s engineering design standards, and native vegetation shall be promptly reestablished in the disturbed area.
(b) Modification of vegetation in association with a legal, nonconforming use or development; provided, that said modification is conducted in a manner consistent with this master program and results in no net loss to ecological functions or critical fish and wildlife habitats. This could include, but is not limited to, the maintenance of an existing developed yard and ornamental landscaping.
(c) Normal and routine maintenance of existing trees, for view maintenance, safety, or other purposes; provided, that said maintenance is consistent with accepted arboricultural practices, does not involve removal of healthy trees, and is not detrimental to the health of any trees.
(d) Maintenance or restoration of view sheds situated on public lands; provided, that said activity is conducted in a manner consistent with this master program and results in no net loss to ecological functions or critical fish and wildlife habitat areas.
(5) Areas cleared of vegetation and not developed shall be subject to the following provisions:
(a) Such areas shall be replanted within one year, and shall be planned and maintained such that, within three years’ time, the vegetation is at least 90 percent reestablished.
(b) Areas cleared of native vegetation shall be replanted with similar species of native vegetation in quantities designed to achieve no net loss of ecological function. Areas cleared of ornamental landscapes, including grass, may be replanted with similar species, unless mitigation is necessary to address project impacts. In all cases of revegetation, native vegetation shall be preferred.
(6) Tree Removal.
(a) When the removal of a healthy tree, or a tree deemed as diseased by a certified arborist that is not considered hazardous, is allowed, all significant trees removed shall be replaced with a Pacific Northwest native tree, a minimum two-inch caliper size, for replacement plantings consistent with the following minimum standards:
|
Significant Tree1 Removed |
Replacement Ratio (replaced: removed) |
|---|---|
|
6 – 10 inches |
1:1 |
|
10 – 16 inches |
2:1 |
|
Greater than 16 inches |
3:1 |
1A significant tree means any healthy tree of six inches caliper or larger.
(b) The removal of trees that are determined by a certified arborist as hazardous, possible threat to public safety, or posing an imminent risk of damage to an existing legally conforming structure, public or private road or sidewalk or other permanent improvement within the shoreline jurisdiction, is allowed subject to the following:
(i) Mitigation. The landowner shall replace any trees that are removed with a Pacific Northwest native tree with a minimum two-inch caliper size replacement trees(s) at a one-to-one ratio (1:1).
(ii) Wildlife Snag as Alternative to Mitigation. A landowner may choose to convert a hazard tree proposed for removal to a wildlife snag as an alternative if recommended by a certified arborist.
(iii) Within stream buffers, hazard trees shall be turned into snags if feasible, and/or resulting woody debris shall be put into the stream channel if it can be done in a manner that does not create a hazard on the site or to downstream properties.
(iv) Native understory vegetation is preserved outside of areas used for structures and their maintenance, active recreation, and shoreline access.
(7) The control of aquatic vegetation shall be subject to the following provisions:
(a) Such activity shall only occur when native plant communities and associated habitats are threatened or where an existing water-dependent use is restricted by the presence of weeds.
(b) Such activity shall occur in compliance with all other applicable laws and standards, including Washington Department of Fish and Wildlife requirements.
(c) Control of aquatic vegetation by mechanical methods is exempt from the requirement to obtain a shoreline substantial development permit only if the bottom sediment or benthos is not disturbed in the process. It is assumed that mechanical removal of accumulated vegetation at a level closer than two feet to the root level, including derooting or rotovating, will disturb the bottom sediment and benthos layer. Such methods shall be considered development for which a shoreline substantial development permit is required.
(d) The use of herbicides and pesticides to remove noxious plants in rivers, streams, wetlands, or ditches shall be subject to the following provisions:
(i) Within critical areas and critical area buffers, such activity shall be prohibited, except where no reasonable alternatives exist and it is demonstrated that such activity is in the public interest. Where such activity is permitted, a conditional use permit shall be required.
(ii) A permit from the Department of Ecology shall be required. Preparation of a SEPA checklist for review by other agencies may also be required.
(iii) Mechanical removal of noxious weeds shall be timed and carried out in a manner to minimize any disruption of wildlife or habitat.
(iv) The individual(s) involved shall obtain a pesticide applicator license from the Washington State Department of Agriculture.
(8) Property owners should use the following BMPs when maintaining residential landscapes:
(a) Avoid use of herbicides, fertilizers, insecticides, and fungicides along banks of streams, drainage channels, and shores of Pipe Lake, as well as in the water.
(b) Limit the amount of lawn and garden watering so that there is no surface runoff.
(c) Dispose of grass clippings, leaves, or twigs properly; do not sweep these materials into the street, into a body of water, or near a storm drain. (Ord. 09-19 § 6 (Exh. C))