Ch. 18.65 Art. VI Fish and Wildlife Habitat Conservation Areas

Article VI. Fish and Wildlife Habitat Conservation Areas

18.65.350 Fish and wildlife habitat conservation areas – Applicability.

(1) This article regulates development in fish and wildlife habitat conservation areas (“FWHCA”) and their associated buffers. FWHCAs in the City include subsections (2) through (6) of this section. All areas within the City meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with best available science, such as the current edition of the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitats and Species.

(2) Streams and Shorelines. Streams and shoreline water bodies shall be classified in accordance with the Washington Department of Natural Resources permanent water typing system (WAC 222-16-030), or as amended, which is hereby adopted in its entirety by reference and summarized as follows:

(a) Type S: streams and water bodies inventoried as “shorelines of the State” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW;

(b) Type F: streams that contain fish habitat;

(d) Type Ns: seasonal nonfish habitat streams.

(3) Naturally Occurring Ponds. Those ponds that are less than 20 acres in size and not regulated as “shorelines of the State.” 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.

(a) Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and NOAA Fisheries 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 for current listing status.

(b) State-designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington identified by the Washington 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 State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status.

(5) 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 State Department of Fish and Wildlife.

(6) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the City of Covington, including but not limited to those habitats and species that, due to the population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element where a species has a primary association, and if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. The City of Covington has determined habitats and species in subsection (5) of this section are habitats and species of local importance. Additional habitats and species of local importance are those identified by the City including:

(a) Land essential for preserving connections between habitat blocks and critical areas, such as wildlife habitat networks or corridors; and

(b) Areas of rare plant species and high quality ecosystems. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))