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HomeMy WebLinkAboutd FWHCA 06-05-25 no commentsFish & Wildlife Habitat Conservation Areas June 2, 2025 Page 1/13 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. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 2/13 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 disturbing activity 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. Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 3/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (c) An enhancement plan of degraded FWHCA or their associated buffers may be prepared by a qualified individual, agency, or 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 report and supported by photos taken underwater. (e) 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 Section 18.22.230 JCC, 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. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 4/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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. (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 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) or from the edge of the FWHCA as identified in the field. The following 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. 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 Type “Np”– Non-Fish Habitat Perennial Streams 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, or as amended. (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: Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 5/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. 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 from the OHWM • Lakes and ponds that have only a direct surface connection to a non-fish-habitat stream segment: 100 feet from the OHWM • 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. [Ord. 5-20 § 2 (Appx. A)] (6) Averaging Buffer Widths. Type I buffer averaging: The administrator shall have the authority to average standard buffer widths on a case-by case basis up to 25 percent when the applicant demonstrates criteria (a) to (h) are met. (a) 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 of the following avoidance and minimization measures: Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 6/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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 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. (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 Chapter 18.30.130 JCC. (b) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the FWHCA. (c) 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. (d) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, or vegetation. (e) The slopes adjacent to the FWHCA within the buffer area are stable. (f) Buffer averaging of reduced buffers shall not be allowed. (g) 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. These plans shall include a 5-year monitoring plan to ensure that standards are met. Type II Buffer averaging up to 50 percent shall review a Type II land use decision and shall require the criteria (a) to (f) above, and the modified FWHCA buffer shall meet the following additional criteria: (a) a habitat management plan shall be submitted (b) 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. These plans shall include a 5-year monitoring plan to ensure that standards are met. (c) Allows for the natural movement of a stream within its floodplain or channel migration zone. (d) Separates development from potential flooding impacts. (e) Limits visual, auditory, and direct intrusion between critical areas and developed environments. (f) Protects important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 7/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (g) Protects wildlife movement. (h) Does not significantly impact erosion and landslide hazard areas adjacent to the critical area. (7) Reducing Buffer Widths. 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 as a Type I land use decision. Table 18.22.630(3): Reduced Buffers for FWHCAs FWHCA Type Reduced Buffer Width (feet) Type “F” – Fish Habitat Streams Other 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) (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: 150 • Lakes and ponds that have only a direct surface connection to a non-fish-habitat stream segment: 75 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. To the extent practicable, that may include consideration of 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 Chapter 18.30.130 JCC. (c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 8/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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. (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) Additional Buffer reductions: Buffer reductions in excess of those allowed through buffer averaging or addressed in Table 18.22.630(3) will be subject to a Type III variance outlined in Section 18.22.250 or critical areas stewardship plan (CASP) . A Variance shall be required if any of the CASP provisions cannot be met. Below is the reduction process and criteria for FWHCA & Wetlands Buffer Averaging Permit Process Up to 25% Type I permitting process Up to 50% Type II permitting process * * Variances1 Buffer Reduction2 Permit Process Up to 25% Administrative Type I Variance Over 25% Type III CA Variance Footnote 1. CASPs can be utilized instead of variances 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 Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 9/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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. 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 buffer. DCD 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. (11) Stream Crossings. Stream crossing may be permitted within the FWHCA buffer only when no practicable or reasonable alternative location is available 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) There are no practicable or reasonable alternative for the stream crossing. (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 the enhanced with through the establishment of native vegetation. (c) 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 showing that, for the site under review, the alternatives would be less disruptive to the habitat. (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) may be permitted in FWHCA buffers only when no practicable or reasonable alternative location is available. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the following standards: (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 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. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 10/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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 fish and wildlife habitat conservation areas or their associated buffers shall require a Type III Critical Area Variance. (f) 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) 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 the enhanced with 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. (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) 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 buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation. Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 11/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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. In addition to meeting the development standards for road/street expansion above, the establishment of a new public or private road is subject to Critical Area Variance. (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) 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 the enhanced with through the establishment of native vegetation. 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) Private trails, serving one parcel or legal lot of record, may be permitted within the wetland buffer provided that they do not exceed three feet in width and are designed to minimize the impact to wetlands and their associated buffers. Trails serving multiple parcels or subdivision shall not exceed six 6 feet in width in the wetland buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles. (e) The size, configuration and surfacing of regional and public trails within a wetland buffer shall be determined through a Type II Administrative Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist. addressing 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.(17) Stream Relocation. (a) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a Type III 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)] Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 12/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. 18.22.640 Impact Assessment and Mitigation. (Can be moved to ~18.22.260)& combined with wetland??) 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. (2) Impact Assessment. All potential impacts to FWHCAs and buffers must 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. (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 Fish & Wildlife Habitat Conservation Areas June 2, 2025 Page 13/13 The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024. (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)