HomeMy WebLinkAbout7d. Proposed JC FWHCAJefferson County Code Page 1/10
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.10.060 F
"Fish habitat" means habitat which is used by any fish at any life stage at any time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management and includes off-channel habitat. [recommend adding this definition from WAC 222-16-030(5)(h)]
18.22.600 Purpose.
The purposes of this article are 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 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 such important habitats, including net losses through cumulative impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.610 Classification/designation. Fish and wildlife habitat conservation areas (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, and 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 constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an 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.
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (Chapter 76.09 RCW and WAC Title 222).
(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.
Jefferson County Code Page 2/10
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(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 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. [Ord. 5-20 § 2 (Appx. A)]
(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 shall be used to determine compliance with this article. Sources include, but are not limited to:
(a) Jefferson County Critical Areas Mapping
(b) Washington Department of Fish and Wildlife, Priority Habitats and Species maps and lists
(c) Washington Department of Fish and Wildlife, forage fish spawning maps
(d) Washington Department of Ecology, Coastal Atlas online mapping
(e) United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation
(f) United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service Species and Habitat App
(g) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map
18.22.620 Regulated activities. (1) Any land use or development activity that is subject to a development permit or approval requirements of this code shall be subject to the provisions of this article. These include, but are not limited to, activities that are directly undertaken or originate in a FWHCA or FWHCA buffer, unless otherwise exempted under JCC 18.22.230.
18.22.630 Protection standards. (1) General. Application for a project or use on a parcel of real property containing a designated FWHCA or buffer shall adhere to the requirements set forth below.
(2) Types of FWHCA Reports. When a development, use, or activity is proposed on lands which may contain a FWHCA or a buffer, an on-site habitat evaluation may be required to determine if FWHCAs or 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 pursuant to the special report requirements found in Article IX (Special Reports) of this chapter for county review and approval. Based on the results of the site evaluation, a report shall be prepared by a qualified professional and either be:
(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 affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a 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 proposed project occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(c) 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 report and supported by photos taken underwater.
(d) If the potential FWHCA is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.
(3) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA or a buffer shall require review and approval by the department.
(b) Altering the habitat conditions of FWHCAs or buffers without prior review and approval by the department 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.
(d) Damage to vegetation retained during initial clearing activities shall be minimized by directional felling of trees to avoid critical areas and vegetation to be retained.
(4) Buffer Marking. To ensure that buffers are not impacted by adjacent development or land disturbing activity, DCD may require the following:
(a) the location of the critical area and buffer shown on all approved site plans adjacent to proposed development or land disturbing activity.
(b) 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) For permitted commercial or industrial development or uses, or if the activity is proposed on public lands, the administrator may require signs be posted along the buffer edge adjacent to the proposed development or land disturbing activity. This is intended to ensure that the public knows the location of the buffers.
(d) DCD has the authority to require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the critical area or its associated buffer is not identified in the development permit or on the county’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their associated buffers.
(5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with the following:
(a) Buffers Generally.
(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 5 feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(iii) Utilities including sewer lines and on-site sewage systems may be permitted in FWHCA buffers only
when no practicable or reasonable alternative location is available.
(iv) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to enhance
views or provide access may be permitted as long as the function and character of the buffer are not diminished.
(v) Lighting shall be directed away from the FWHCA.
(b) Prescriptive FWHCA Buffers.
(i) The standard and alternate 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 or alternate standard buffer shall be measured landward horizontally from the ordinary high water mark (OHWM) or from the edge of the FWHCA as identified in the field. Nevertheless, the required buffer shall include any adjacent regulated wetland(s), landslide hazard areas or erosion hazard areas and required buffers but shall not be extended across paved roads or other lawfully established structures or hardened surfaces. The following standard and alternate standard buffer width requirements are established; 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.
(iii) The required FWHCA buffer shall include any adjacent regulated wetland(s), landslide hazard areas or erosion hazard areas and required buffers
(iv)The required FWHCA shall not extend across paved roads or other lawfully established structures or hardened surfaces.
Table 18.22.630(1): Stream Buffers*
Stream Type Buffer Width (feet)
Type “S” – Shoreline Streams 150
Type “F” – Fish Habitat Streams • Urban Growth Areas: 150
• LAMIRDs: 150 • Other County Areas: - 200 standard - 150 alternate standard for parcels smaller than 5 acres if at least 80% of the alternate standard buffer on the subject parcel is well vegetated or is enhanced to be at least 80% well vegetated
Type “Np”– Non-Fish Habitat Perennial Streams • 100 standard • 75 alternate standard for parcels smaller than 5 acres if 80% of the alternate standard buffer on the subject parcel is well vegetated or is enhanced to be at least 80% well vegetated Type “Ns” – Non-Fish Habitat Seasonal Streams greater than or equal to 20% grade
Type “Ns” – Non-Fish Habitat Seasonal Streams less than 20% grade
*Note: (a) The buffers above shall apply to culverted streams.
Jefferson County Code Page 5/10
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Stream Type Buffer Width (feet)
(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, or as amended. (d) A “well 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 “well vegetated buffer” contains no more than 10% non-native or invasive species, and will have at least 70% areal cover of trees and shrubs in its existing or proposed enhanced condition at maturity.
(iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths for other FWHCAs based on the best available information. Buffer widths for nonstream FWHCAs shall be as follows:
Table 18.22.630(2): Buffers for Other FWHCAs
FWHCA Type Buffer Requirement
Areas where federally listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a primary association
Buffers shall be 150 feet from the edge of the FWHCA; provided, local and site specific factors shall be taken into consideration and the buffer width based on the best available information concerning the species/habitat(s) in question or the opinions and recommendations of a qualified professional with appropriate expertise.
Commercial and Recreational Shellfish Areas Buffers shall extend 150 feet landward from OHWM of the marine shore.
Kelp and Eelgrass Beds Buffers apply to areas where native kelp and eelgrass species occur only, and buffers shall extend 22 feet from each patch. There is no buffer for nonnative kelp and eelgrass beds.
Surf Smelt, Pacific Herring, and Pacific Sand Lance Spawning Areas Buffers shall extend 150 feet landward from OHWM of the marine shore.
Non-Shoreline Natural Ponds and Lakes (Under 20 Acres) (along with any submerged aquatic beds serving as fish or wildlife habitat)
• Lakes and ponds that have a direct surface connection to a fish-habitat stream segment: - 200 feet standard from the OHWM - 150 feet alternate standard from the OHWM for parcels smaller than 5 acres if at least 80% of the alternate standard buffer on the subject parcel is well vegetated or is enhanced to be at least 80% well vegetated • Lakes and ponds that have only a direct surface connection to a non-fish-habitat stream segment: - 100 feet standard from the OHWM - 75 feet alternate standard from the OHWM for parcels smaller than 5 acres if at least 80% of the alternate standard buffer is well vegetated or is enhanced to be at least 80% well vegetated • Other lakes and ponds: 50 feet from the OHWM
Shoreline Natural Ponds and Lakes (20 Acres and Larger) (along with any submerged aquatic beds serving as fish or wildlife habitat)
Buffers shall extend 100 feet from the OHWM; provided, where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply.
Natural Area Preserves Natural Resource Conservation Areas Buffers shall not be required adjacent to these areas. These areas are assumed to encompass the land required for species preservation.
Designated Habitats of Local Importance The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis.
*Note: (a) A “well 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 “well vegetated buffer” contains no more than 10% non-native or invasive species, and will have at least 70% areal cover of trees and shrubs in its existing or proposed enhanced condition at maturity.
Jefferson County Code Page 6/10
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
FWHCA Type Buffer Requirement
A restoration plan and/or habitat management plan shall be submitted to DCD for review and approval for the enhancement of a degraded buffer to meet the well vegetated buffer standards.
[Ord. 5-20 § 2 (Appx. A)]
(6) Reducing Buffer Widths. Upon submission of a habitat report prepared by a qualified professional that demonstrates a buffer reduction does not adversely affect the existing functions and values of the FWHCA, the administrator shall have the authority to reduce standard and alternate standard buffer widths on a case-by-case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.640 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met:
(a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area.
(b) The buffer shall not be reduced to less than 75 percent of the standard or alternate standard buffer, unless it can be demonstrated through a special report prepared by a qualified professional that there will be no net loss of FWHCA functions or values.
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent.
(7) Averaging Buffer Widths. Upon submission of a habitat report prepared by a qualified professional that demonstrates a buffer reduction does not adversely affect the existing functions and values of the FWHCA, the administrator shall have the authority to average standard and alternate standard buffer widths on a case-by case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.640 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the following criteria are met:
(a) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard or alternate standard buffer and all increases in buffer dimension are parallel to the FWHCA.
(b) 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.
(c) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, or vegetation.
(d) The buffer width averaging does not reduce the buffer to less than 75 percent of the standard or alternate standard width or 50 percent for single-family residential development.
(e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent.
(f) Buffer averaging shall not be allowed if FWHCA standard or alternate standard buffers are reduced.
(8) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to a critical areas stewardship plan (CASP) provided the proposal can meet all CASP provisions. A Reasonable Use Variance and a habitat management plan shall be required if any of the CASP provisions cannot be met.
(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;
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(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 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 prior to the alteration. Jefferson County shall provide information or technical expertise, where possible, in
facilitating restoration of a FWHCA or buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. Voluntary restoration requires
a permit, and prior to issuance of a county permit to restore a FWHCA or buffer, the property owner shall agree to undertake restoration activities or authorize such activities to occur, through an appropriate, approved legal device, such as a conservation easement that is granted to a conservation program, or by legal, written agreement with restoration agencies or groups. The legal device shall be recorded at the Jefferson County Auditor’s Office. This
provision shall be limited to actions taken prior to June 1994 or lawfully conducted under a previous county critical areas ordinance; it shall not be used for violations or compliance cases conducted by a current or previous property
owner.
(11) Stream Crossings. Any private or public road expansion or construction which is proposed and must cross
streams classified within this article shall comply with the following minimum development standards:
(a) A habitat report 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 enhanced with through the establishment of native vegetation.
(b) The design of stream crossings shall meet the requirements of the Washington Department of Fish and Wildlife. Fish passage shall be provided 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.
(c) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists;
(d) 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;
(e) Crossings shall serve multiple properties whenever possible; and
(f) 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. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the following standards:
(a) A habitat report 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 enhanced with 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
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
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) Utility corridor construction and maintenance shall protect the environment of FWHCAs.
(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.
(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.
(f) 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.
(g) Utilities should follow best management practices for avian protection.
(13) Bank Stabilization. Bank stabilization within designated fish and wildlife habitat areas may be allowed pursuant to the following standards:
(a) A habitat report 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 enhanced with through the establishment of native vegetation.
(b) 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.
(c) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master program, geologically hazardous areas provision in this chapter, and the flood damage prevention ordinance.
(14) Road/Street Expansion. The expansion of a legally established private or public road may be allowed in a FWHCA or its buffer provided it complies with the following minimum development standards:
(a) A habitat report 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 enhanced with through the establishment of native vegetation.
(b) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;
(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. Minimum necessary provisions may include projected level of service requirements.
(15) New public or private roads. The establishment of a new public or private road is subject to Critical Area Variance.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(16) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly
affect the function of the FWHCA or its buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs and FWHCA buffers provided they comply with the following minimum development standards:
(a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas;
(b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat;
(c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat; or
(d) Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles.
(17) Stream Relocation.
(a) Relocation of streams, or portions of streams requires a Critical Area Variance.
(b) 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 and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington 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 functions, natural processes, value, and area within a FWHCA or a FWHCA buffer.
All unavoidable impacts to FWHCA require mitigation.
(1) FWHCA Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to FWHCAs or buffer. When a proposed use or development activity poses potentially significant adverse impacts to a regulated FWHCA or its buffers, 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) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when necessary.
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(2) Impact Assessment. All potential impacts to FWHCAs and buffers must be identified and described in the habitat
report. 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.
(ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions, natural processes, and area.
(b) FWHCAs mitigation shall include the following options:
(i) On-Site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss or degradation to existing habitat.
(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 or degradation of existing habitats and species; or
(B) Off-site mitigation occurs within a connected habitat of a similar nature to the maximum extent practicable and provides better protection of the FWHCA or a significant ecological and functional improvement to the FWHCA; and
(C) There is a willing landowner that accepts the proposed mitigation; and
(D) A mitigation agreement/easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation area.
(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 FWHCAs or buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.740(4). [Ord. 5-20 § 2 (Appx. A)]
Article VII. Wetlands