HomeMy WebLinkAboutArticle VI FINAL Mod after 260107Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
The purpose of this article is to:
(1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources.
(2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams and
their associated riparian areas, corridors for Washington State Department of Fish and Wildlife
(WDFW) Priority Species, state or federally listed species and the ecosystem processes on which these areas depend.
(3) Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized.
(4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife
habitat and ensure no net loss of ecological functions and values of such important habitats, including net losses through cumulative impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.610 Classification and designation.
FWHCAs are areas that serve a critical role in sustaining 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. FWHCAs may include, but are not limited to, rare or vulnerable ecological systems, communities, habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and, areas with high relative population density or species richness. FWHCAs does not include such artificial features or structures as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie
within the boundaries of, and are maintained by, a port district, drainage district, or irrigation district or company.
(1) The following are designated as FWHCAs:
(a) Areas where federally listed species (endangered and threatened) and state-listed species
(endangered, threatened, and sensitive species) have a primary association. This may also
include candidate species as listed on WDFW Priority Habitats and Species (PHS) program;
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (chapter 76.09 RCW and title 222 WAC);
(c) Commercial and recreational shellfish areas;
(d) Kelp and eelgrass beds;
(e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas;
(f) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat;
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
(h) State natural area preserves, natural resource conservation areas, and state wildlife areas; and
(i) Species and habitats of local importance designated pursuant to the process delineated in Article IX (Special Reports) of this chapter.
(2) Designated FWHCAs and their associated buffers that are within shoreline jurisdiction are
regulated under the shoreline master program in chapter 18.25 JCC, and in circumstances where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall prevail.
(3) Sources for Identification. The following sources should be used to identify potential FWHCA
locations. These maps are informational only and site evaluations by a qualified professional (i.e.
DNR, WDFW, Ecology, Tribes, etc.) or wildlife biologist shall be used to determine compliance with this article. Sources include, but are not limited to:
(a) Jefferson County Critical Areas mapping;
(b) Washington State Department of Natural Resources (DNR) interim Forest Practice Water
Typing in WAC 222-16-030;
(c) Washington State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD).
(d) Washington State Department of Fish and Wildlife, Priority Habitats and Species maps and lists;
(e) Washington State Department of Fish and Wildlife, forage fish spawning maps;
(f) Washington State Department of Ecology, Coastal Atlas online mapping;
(g) United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation;
(h) United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service Species and Habitat App; and,
(i) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map.
18.22.620 Applicability.
(1) Any development, land disturbing activity or use in a FWHCA or its associated buffer shall be
subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.630 Protection standards.
(1) General. An application for development, land disturbing activity, or use on a parcel of real
property containing a designated FWHCA or its associated buffer shall adhere to the all of the
requirements set forth below.
(2) Types of special reports for FWHCA. When a development, land disturbing activity or use is proposed on lands which may contain a FWHCA or its associated buffer, an on-site habitat evaluation may be required to determine if a FWHCA or its associated buffers occur in the project
area. When required by this section, an applicant shall submit a report documenting the results of
an on-site habitat evaluation conducted by a qualified professional or wildlife biologist pursuant to the special report requirements found in Article IX (Special Reports) of this chapter for review and approval by the DCD. Based on the results of the on-site evaluation, a special report shall be prepared by a qualified professional or wildlife biologist and shall be one of the following:
(a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation
determines that no regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based on requirements
presented in Article IX (Special Reports) of this chapter;
(b) Habitat management plan. This type of report shall be used if the field evaluation determines that any portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat
management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter;
(c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by a qualified professional, agency, or wildlife biologist. The plan shall be reviewed and approved by DCD;
(d) Dive survey. If the proposed use, development, or activity occurs in marine water, a dive
survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. The results of the survey shall be described in a special report and supported by photos taken underwater; or
(e) Use of best available information. If the potential FWHCA is located off of the property
involved and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.
(3) Vegetation retention required within a FWHCA or its buffer. Compliance with all of the following regarding vegetation retention is required:
(a) Vegetation within a FHWCA or its associated buffer shall be retained to the extent
practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA
or an associated buffer shall be approved by DCD;
(b) Altering the habitat conditions (existing functions and values) of a FWHCA or its associated buffers without prior approval by DCD is prohibited;
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be pruned; and
(d) Damage to FWHCA and their associated buffers from land disturbing activity shall be
minimized by installing temporary construction fencing before grading near the buffers, and
the falling of trees away from these areas.
(4) Buffer marking. To ensure that buffers are not impacted by adjacent new development or new land disturbing activity and to provide notice of the location of buffers, DCD may require any of the following:
(a) Showing the location of the critical area and buffer on all approved site plans adjacent to
development or land disturbing activity;
(b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers;
(c) Posting signs along the buffer edge adjacent to the development or land disturbing activity
for commercial, industrial development or uses, or for development or uses on public lands.
This is intended to ensure that the public knows the location of the buffers.
(d) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the FWHCA is not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of
critical areas and their potential associated buffers.
(5) Buffers – standard requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with this chapter based on all of the following requirements:
(a) General buffers.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions, and values of the resource, consistent with the requirements in Tables 18.22.630(1) and 18.22.630(2) of this section.
(ii) A building setback line of five feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within
setback areas.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation (as outline is Section 18.22.230(3)(q) JCC) to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
(b) Standard buffers for FWHCAs.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the FWHCA functions and values at the time of the proposed activity.
When a buffer lacks adequate vegetation to protect critical area functions, the administrator may require additional documentation before allowing a proposal for buffer reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally from the ordinary high-
water mark (OHWM),channel migration zone (CMZ), or from the outer edge of the
FWHCA as identified in the field. The following standard buffer width requirements are established for streams; provided, portions of streams that flow underground may be exempt from these buffer standards at the administrator’s discretion when it can be demonstrated that no adverse effects on aquatic species will occur.
Table 18.22.630(1): Required Buffer Widths for Stream Types*
Stream Type Buffer Width (feet)
Type “S” – Shoreline Streams 150
Type “F” – Fish Habitat Streams:
Urban Growth Areas: LAMIRD
Other (Rural) Areas
150 150
200
Type “Np”– Non-Fish Habitat Perennial Streams 100
100 Type “Ns” – Non-Fish Habitat Seasonal Streams
*Note:
(a) The buffers above shall apply to culverted streams.
(b) The buffers above shall not apply to lawfully established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result in buffers being required.
(c) Stream type shall be determined using the criteria in WAC 222-16-030,
WASHD, or as outlined in Section 18.22.620(3) JCC.
(iii) Buffers for non-stream FWHCAs. The administrator shall determine appropriate
buffer widths for non-stream FWHCAs based on the best available information. Buffer widths for non-stream FWHCAs shall be as follows in Table 18.22.630(2):
Table 18.22.630(2): Required Buffers for Other FWHCAs Types
FWHCA Type Buffer requirement in feet1
Areas where federally listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a primary association
150 from edge of FWHCA
Commercial and Recreational Shellfish Areas 150
Native Kelp and Native Eelgrass Beds
No buffer for non-native kelp and non-native eelgrass beds.
25 from each patch.
Surf Smelt, Pacific Herring, and Pacific
Sand Lance Spawning Areas
150
Non-Shoreline Natural Ponds and Lakes: (Under 20 Acres)2
Lakes and ponds that have a direct surface
connection to a fish-habitat stream segment Lakes and ponds that have only a direct surface connection to a non-fish-habitat
stream segment:
Other lakes and ponds
200
100
50
Shoreline Natural Ponds and Lakes (20
Acres and Larger) (along with any
submerged aquatic beds serving as fish or wildlife habitat)
100
Natural Area Preserves and Natural
Resource Conservation Areas3
N/A
Designated Habitats of Local Importance4 Case by case basis
Footnote 1: measured landward of OHWM unless specified Footnote 2: Includes any submerged aquatic beds serving as fish or wildlife habitat Footnote 3:Buffers shall not be required adjacent to these areas. These areas are assumed to
encompass the land required for species preservation. Footnote 4: The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis.
(6) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffer widths adjacent to a
FWHCA area up to 25 percent when all of the following criteria are met:
(i) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied
during the siting and design of the proposed project. To the extent practicable, that may include consideration all of the following avoidance and minimization measures:
(A) Trees and other existing native vegetation are avoided, and development, land disturbing activities, and uses are placed on existing road grades, utility corridors, or other developed lands if present; or
(B)The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or FWHCA and decreased adjacent to the lower functioning or less-sensitive portion; and
(ii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iii) The development is designed to separate and screen impacts such as noise, glare,
and vegetation trampling of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography
or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130;
(iv) The total area contained in the buffer after averaging is no less than that which would
be contained within the standard buffer area and all increases in buffer dimension are
parallel to the FWHCA;
(v) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
(vi) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, vegetation, or existing legally permitted development;
(vii) The slopes adjacent to the FWHCA within the buffer area are stable;
(viii) Buffer averaging of reduced buffers shall not be allowed; and
(ix) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve
this standard. This plan shall include a 5-year monitoring plan to ensure that standards are met.
(b) The administrator shall have the authority to average buffer widths adjacent to a FWHCA
area up to 50 percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native
plants (e.g., Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard. This plan shall include a 5-year monitoring plan to ensure that standards are met;
(iii) Allows for the natural movement of a stream within its floodplain or channel migration
zone;
(iv) Separates development from potential flooding impacts taking climate resilience measures into consideration;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed
environments;
(vi) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat and protects important wildlife habitat components for species dependent on or associated with wetland, marine, and riverine environments;
(vii) Protects wildlife movement corridors; and
(viii) Does not significantly impact erosion and landslide hazard areas adjacent to the
critical area.
(7) When buffer reduction may be allowed.
The administrator has the authority to reduce standard buffer widths outlined in Table 18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-case basis up to
25 percent. The decision to reduce standard buffer widths of up to 25 percent shall be processed as a Type I land use decision under JCC 18.40.040.
Table 18.22.630(3): Reduced Buffers for FWHCAs
FWHCA Type Reduced Buffer Width (feet)1
Type “F” – Fish Habitat Streams Other (Rural) County Areas: 150
Type “Np”– Non-Fish Habitat Perennial Streams 75 Type “Ns” – Non-Fish Habitat Seasonal Streams
Non-Shoreline Natural Ponds and Lakes (Under 20
Acres) Lakes and ponds that have a direct surface connection to a fish-habitat stream segment:
Lakes and ponds that have only a direct surface
connection to a non-fish-habitat stream segment:
150
75
Footnote 1 measured landward from the OHWM
Applicants for a reduced buffer shall demonstrate in a habitat management plan to the satisfaction of the administrator that all of the following criteria are met:
(a) Buffer averaging is not feasible;
(b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied
during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures:
(i) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present;
(ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of
the buffer or FWHCA;
(iii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with JCC 18.30.130;
(c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area;
(d) The buffer shall not be reduced to less than 75 percent of the standard buffer;
(e) The slopes adjacent to the FWHCA within the buffer area are stable;
(f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer
contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced
condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced
condition at maturity. These plans shall include a 5-year monitoring plan to ensure that
standards are met; and
(g) For overwater development or uses, a reduction of the buffers shall be based on the review of reports, established criteria or through consultation with federal and state agencies.
(8) Buffer reduction process and criteria
Buffer Averaging Permit Process Up to 25% Type I per Section 18.22.630(6)(a) JCC
Up to 50% Type II per Section 18.22.630(6)(b) JCC
*
*
Variances1
Buffer Reduction2 Permit Process
Up to 25% Administrative Type I Variance 18.22.630(7) JCC
Over 25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC 18.22.260
Footnote 1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(9) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a FWHCA. Supporting
documents that may be used to support this determination include but are not limited to:
(a) The FWHCA is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;
(b) The FWHCA serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the FWHCA is susceptible to erosion or landslide; or
(d) The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the slopes
are greater than 30 percent.
(10) Voluntary Restoration. FWHCAs and their associated buffers that have been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration.
Voluntary restoration requires the submission of an enhancement plan or habitat management plan
to DCD for review and approval prior to issuance of a County permit to restore a FWHCA or its associated buffer.
DCD shall provide information or technical expertise, where possible, in facilitating restoration of a FWHCA or its associated buffer to previously existing conditions. This could include, but is not
limited to, referring interested property owners to restoration information, efforts, and funds.
(11) Stream Crossings. Stream crossing may be permitted within FWHCA or their associated buffers only when no practicable or reasonable alternative location is available. Any private or public road expansion or construction which is proposed and shall cross streams classified within this article shall comply with all of the following minimum development standards:
(a) There are no practicable or reasonable alternative location is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;
(c) The design of stream crossings shall meet the requirements of the Washington State
Department of Fish and Wildlife Water Crossing Design Guidelines, as amended. Fish
passage shall be restored if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible;
(d) Crossings shall not occur in salmonid spawning areas unless no other reasonable
crossing site exists;
(e) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks, provided no other reasonable alternative placement exists;
(f)Crossings shall serve multiple properties whenever possible; and,
(g) Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(12) Utilities. Utilities including sewer lines, on-site sewage systems and stormwater facilities (serving one parcel, development or legal lot of record) may be permitted in critical area buffers
only when no practicable or reasonable alternative location is available.
Placement of utilities within FWHCA may be allowed pursuant to all of the following requirements:
(a) A habitat management plan or enhancement plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas
shall be immediately restored, and the restoration of the site through the establishment of
native vegetation;
(b) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the
requirements for installation, replacement of vegetation and maintenance outlined below.
Utilities are encouraged to follow existing or permitted roads where possible;
(c) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction
meets the requirements of this article. Joint use of the sewer utility corridor by other utilities
may be allowed;
(d) New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place;
(e) In addition to meeting the utilities standards a above, new utility corridors (serving more
than one property) proposed within FWHCA or their associated buffers shall require a critical area variance under JCC18.22.250;
(f) Utility corridor construction and maintenance shall protect the environment of FWHCAs as follows:
(i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side; and,
(ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion
of construction or as soon thereafter as possible due to seasonal growing constraints.
The utility shall ensure that such vegetation survives for a three-year period; and,
(g) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used; and,
(h) Utilities should follow best management practices for avian protection.
(13) Bank Stabilization. Bank stabilization within designated FWHCA may be allowed pursuant to all of the following criteria:
(a) No practicable or reasonable alternative location is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;
(c) A stream channel and bank, bluff, and shoreline may be stabilized when naturally
occurring earth movement threatens existing legal structures, public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment; and,
(d) Bluff, bank and shoreline stabilization shall follow the standards of chapter 18.25 JCC
(Shoreline Master Program), geologically hazardous areas provision in this chapter, and chapter 15.15 JCC (Flood Damage Prevention.
(14) Road and Street Expansion. The expansion of legally established private or public road may be allowed in a FWHCA or its associated buffer; provided it complies with all of following
minimum criteria:
(a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;
(b) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and that restoration shall be through the
establishment of native vegetation;
(c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the department
of public works’ guidelines, where minimum necessary provisions may include projected
level of service requirements.
(15) New public or private roads. In addition to meeting the requirements for road and street expansion in subsection 14 of this section, the establishment of a new public or private road is subject to the requirement of a variance under JCC 18.22.250.
(16) Outdoor Recreation, Education, and Trails Construction. Improvements that do not significantly affect the function of the FWHCA or its associated buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) are permitted in a FWHCA and its associated buffer provided they comply with all of the following minimum criteria:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed
areas shall be immediately restored, and that restoration shall be with through the
establishment of native vegetation;(b) Trails and other facilities shall, to the extent feasible, shall be placed on existing road grades, utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags,
and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, and/or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize
the impact to FWHCA and their associated buffers. Trails serving multiple parcels or
subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II Variance. Regional trails shall be limited to a maximum
of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for
non-motorized public access. This shall also include the submission of a mitigation plan prepared by qualified professional addressing the impacts to the FWHCA and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation.
(17) Stream Relocation.
(i) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a variance under JCC18.22.250.
(ii) Relocation of a stream may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and
will not diminish the flow capacity of the stream or other natural stream processes;
provided, the relocation meets state hydraulic project approval requirements, the relocation will not impact the based flood elevation of existing development areas (outside of the project area) within the frequently flooded area, and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington
State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement
or identified in watershed planning documents prepared and adopted pursuant to chapter 90.82 RCW. [Ord. 5-20 § 2 (Appx. A)]
18.22.640 Impact Assessment and Mitigation. The overall goal of mitigation shall be no net loss of ecological functions or values, and no
degradation of natural processes within a FWHCA or its associated buffer.
All unavoidable impacts to FWHCA require mitigation.
(1) FWHCA Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to an FWHCA or its associated buffer. When a proposed development, land
disturbing activity, or use poses adverse impacts to a FWHCA or its associated buffer, the preferred
sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;
(d)Preserving or maintaining FWHCA to reduce or eliminate adverse impacts over time;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
(f) Monitoring the required rectification, preservation, maintenance or compensation, and taking appropriate corrective measures when necessary.
(2) Impact Assessment. All potential impacts to a FWHCA and its associated buffer shall be
identified and described in the habitat management plan. Impact assessments shall be made based
on requirements in Article IX (Special Reports).
(3) Mitigation – Minimum Requirements and Types of Mitigation.
(a) Minimum mitigation requirements are as follows:
(i) Unavoidable impacts to a FWHCA area or buffer shall be mitigated with at least a 1:1
mitigation ratio. The administrator has the authority to require buffer mitigation at a higher
ratio if the area to be adversely affected consists of intact native habitat or the risk of failure is judged unacceptable.
(ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions and values.
(b) FWHCA mitigation shall address the following options:
(i) On-Site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss of functions and values.
(ii) Off-Site Mitigation. The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible, and the mitigation proposal compensates for the
loss of functions and values; or
(B) Off-site mitigation occurs within the same watershed or a connected habitat of a similar nature to the maximum extent practicable and provides equal or better
protection of the FWHCA and compensates for the loss of functions and values; and
(C) There is a willing owner that accepts the proposed mitigation; and
(D) A mitigation agreement or easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation.
(c) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-
lieu fee program may be used to compensate for impacts or alterations to a FWHCA or a
buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to a FWHCA or buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.740(4). [Ord. 5-20 § 2 (Appx. A)