18.65.390 Other fish and wildlife habitat conservation areas – Development standards.
The following standards apply to development proposals and alterations on sites containing fish and wildlife habitat conservation areas, in accordance with the wildlife management plan developed by the Washington State Department of Fish and Wildlife for such species. Where the habitat does not include any other critical area or critical area buffer, compliance with the wildlife management plan shall constitute compliance with this chapter.
The Director shall require protection of an active breeding site of any species with habitat that is identified as requiring protection; provided, that the Washington State Department of Fish and Wildlife has adopted management recommendations. The City shall follow those adopted management recommendations that are published in Priority Habitats and Species Program Management Recommendations for Region IV, current edition. If management recommendations have not been adopted, the City shall base protection administrative rules and any decisions on best available science as presented in a qualified professional’s report prepared by applicant, at applicant expense.
(1) General Requirements. Habitat conservation areas are subject to the following provisions:
(a) The Department shall require the establishment of buffer areas for development activities in, or adjacent to, habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity and functions of the habitat. Required buffer widths shall consider the management recommendations identified in this section and reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Development activities may be further restricted and buffers may be increased during the specified season;
(b) Where applicable, a fish and wildlife habitat corridor shall be established as required in CMC 18.65.350;
(c) A habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not reduce the quantitative and qualitative functions and values of the habitat, except in accordance with this chapter;
(d) Removal of any native vegetation or woody debris from the habitat conservation area may be allowed only as part of an approved habitat management plan, critical areas report, and/or alteration plan;
(e) Low impact uses and development activities which are consistent with the purpose and function of the habitat conservation area and do not detract from its integrity may be permitted within the conservation area depending on the sensitivity of the habitat area. Examples of uses and development activities which may be permitted in appropriate cases include trails that are pervious, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements and other similar uses and development activities; provided, that any impacts to the habitat resulting from such permitted facilities shall be fully mitigated;
(f) Whenever development activities are proposed in or adjacent to a habitat conservation area with which State or Federally endangered or threatened species have a primary association, such area shall be protected through the application of measures in accordance with a critical areas report prepared by a qualified professional with guidance provided by the appropriate State and/or Federal agencies;
(g) Plant, wildlife, or fish species not indigenous to the coastal region of the Pacific Northwest shall not be introduced into habitat conservation areas unless authorized by this chapter and by any required State or Federal permit or approval;
(h) Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical areas report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed;
(i) The Director shall condition approvals of development activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary, to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:
(i) Establishment of buffer zones;
(ii) Preservation of critically important vegetation;
(iii) Limitation of public access to the habitat area, including fencing to deter unauthorized access;
(iv) Seasonal restriction of development activities;
(v) Establishment of a duration and timetable for periodic review of mitigation activities; and
(vi) Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation; and
(j) Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biologic functions, and shall include mitigation for adverse impacts from the proposed development as appropriate. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per-function basis. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))