Chapter 17.15
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
17.15.040 Fish and wildlife habitat conservation areas.
17.15.050 Fish and wildlife habitat buffers.
17.15.060 Classification and mapping.
17.15.080 Habitat management plan.
17.15.085 Performance standards.
17.15.090 Establishing buffers.
17.15.100 Building setback and construction near buffer.
17.15.110 Fencing from farm animals.
17.15.120 Allowable activities in the buffer.
17.15.140 Sensitive area management tracts.
17.15.150 Protection of sensitive area management tracts.
17.15.160 Marking during construction.
17.15.170 Permanent marking of management tract.
17.15.180 Additional requirements.
17.15.010 Intent.
It is the intent of this chapter that areas of critical fish and wildlife habitat be protected and preserved from degradation due to incompatible land use in or adjacent to the areas. The creation of isolated pockets of habitat and the resultant isolation of species populations should be avoided. The natural geographic distribution of critical fish and wildlife habitat should be maintained. (Ord. 1115 § 2, 1992).
17.15.020 Definitions.
A. “Best management plan” is a plan which is developed for a property by the conservation district of U.S. Department of Agriculture, soil conservation service which specifies best management practices for control of animal wastes, stormwater runoff, and erosion.
B. “Buffer” is an area contiguous with a critical area that is required for the integrity, maintenance, function, and structural stability of the area.
C. “Fish and wildlife habitat conservation and protection” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created.
D. “Fish and wildlife habitat conservation areas” are those areas identified as being of critical importance to the maintenance of fish, wildlife, and plant species, including: areas with which endangered, threatened, and sensitive species have a primary association; state priority habitats and areas associated with state priority species, as identified by the State Department of Fish and Wildlife; waters of the state; and habitats of local importance.
E. “Habitat assessment” is a report prepared by a professional wildlife biologist with a degree in wildlife biology, which identifies the presence of fish and wildlife habitat conservation areas in vicinity of the proposed development.
F. “Habitat management plan” is a report prepared by a professional wildlife biologist with a degree in wildlife biology, which discusses and evaluates the measures necessary to maintain fish and wildlife habitat conservation areas on or near a proposed development site.
G. “Habitats of local importance” are areas, ranges, or habitats within which a species has a primary association, which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. Examples include areas of high relative density of species richness, breeding habitat, winter range, and movement corridors. These areas may also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands.
H. “Species of local concern” are species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are a game species. (Ord. 1566-05 § 37, 2005; Ord. 1115 § 3, 1992).
17.15.030 General.
A. The provisions of this chapter apply to all lands within the city that are identified as critical fish and wildlife habitats, fish and wildlife habitats of local importance, or fish and wildlife habitat buffers.
B. Fish and wildlife habitat areas are those areas identified as being critical to the maintenance of fish, wildlife, and plant species. (Ord. 1115 § 4, 1992).
17.15.040 Fish and wildlife habitat conservation areas.
Fish and wildlife habitat conservation areas include:
A. Areas with which federally or state designated endangered, threatened, and sensitive species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
1. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service shall be consulted as necessary for current listing status.
2. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the State Department of Fish and Wildlife that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species), and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and shall be consulted as necessary for current listing status.
B. State priority habitats and areas associated with state priority species, as identified by the State Department of Fish and Wildlife.
C. Waters of the state including rivers, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031.
D. Habitats of local importance include the following:
1. Areas with which state-listed monitor or candidate species or federally listed candidate species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
2. Special Habitat Areas. These areas include specific habitat types which are infrequent in Fife or Pierce County and may provide specific habitats which certain animals and plants require, such as breeding habitat, winter range, and movement corridors. These areas include, but are not limited to, the following:
a. Oak woodlands and associated prairies;
b. Prairies;
c. Aspen stands;
d. Meadows;
e. Riparian and Category I and II wetland areas.
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and animal habitat.
4. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
5. State natural area preserves and natural resource conservation areas.
6. Areas established by the Puyallup Tribe of Indians tribal government as habitat areas of tribal importance for economic, social, cultural, and ceremonial reasons.
7. Areas for which city policy supports the reestablishment of historical fisheries. (Ord. 1566-05 § 38, 2005; Ord. 1115 § 5, 1992).
17.15.050 Fish and wildlife habitat buffers.
Fish and wildlife habitat buffers are areas of undisturbed natural vegetation required to ensure the retention of habitat areas. The width of the buffers shall be determined on a case-by-case basis by the community development director based on the required habitat assessment and on the criteria established in this chapter. (Ord. 1566-05 § 39, 2005; Ord. 1115 § 6, 1992).
17.15.060 Classification and mapping.
Fish and wildlife habitat areas are identified in the following documents:
A. Washington State Department of Natural Resources official water type reference maps, as amended;
B. Washington State Department of Fish and Wildlife priority habitats and species maps;
C. Department of Natural Resources State Natural Area Preserves and Natural Resources conservation area maps;
D. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors Reports published by the Washington Conservation Commission; and
E. Maps adopted by the city showing habitats of local importance. (Ord. 1566-05 § 40, 2005; Ord. 1115 § 7, 1992).
17.15.070 Habitat assessment.
In addition to the general critical areas report requirements of FMC 17.05.085, a habitat assessment shall be required for all regulated activity proposed on a site which contains or is within 1,000 feet of a designated fish and wildlife habitat area. The habitat assessment will be prepared by a professional wildlife biologist with a degree in wildlife biology. At a minimum, habitat assessment shall contain the following:
A. A discussion of species or habitats known or expected to be located on or within 1,000 feet of the site, including: state or federal endangered, threatened, or sensitive species; or species of local importance; and
B. A site plan which clearly identifies and delineates fish and wildlife habitats found on or within 1,000 feet of the site; and
C. A detailed description of vegetation on and adjacent to the project area; and
D. Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; and
E. A discussion of any federal, state, or local special management recommendations, including Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; and
F. Such other information as the community development director determines is necessary to adequately evaluate the impact of the regulated activity on fish and wildlife habitat. (Ord. 1566-05 § 41, 2005; Ord. 1115 § 8, 1992).
17.15.080 Habitat management plan.
A. If the habitat assessment demonstrates to the satisfaction of the community development director that fish and wildlife habitat are not located on or within 1,000 feet of the site, then the development can proceed without further requirements for special wildlife studies; otherwise, a habitat management plan shall be submitted. The habitat management plan will be prepared by a professional wildlife biologist with a degree in wildlife biology. The habitat management plan shall contain at a minimum the following:
1. A discussion of the project’s effects on fish and wildlife habitat;
2. A discussion of any federal, state, or local management recommendations which have been developed for species or habitats located at the site;
3. A discussion of measures proposed to preserve existing habitats and restore any habitats which were degraded prior to the current proposed land use activity;
4. A discussion of proposed measures which mitigate the impacts of the project;
5. An evaluation of the effectiveness of proposed mitigation measures;
6. A discussion of ongoing management practices which will protect fish and wildlife habitat after the project site has been fully developed, including proposed monitoring and maintenance programs; and
7. Such further information as the community development director determines is necessary to adequately assess the impact of the regulated activity upon the habitat.
B. Habitat management plans will be sent to the Washington Department of Wildlife, the Puyallup Indian Tribe and other appropriate state and federal agencies for comment.
C. All projects may be conditioned based on agency comments and the community development director’s evaluation of potential impacts to fish and wildlife habitats. Projects may be denied if the proposal will result in extirpation or isolation of a critical fish, wildlife, or plant species associated with a fish and wildlife habitat. (Ord. 1566-05 § 42, 2005; Ord. 1115 § 9, 1992).
17.15.085 Performance standards.
A. Endangered, Threatened, and Sensitive Species.
1. No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association.
2. Whatever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with the critical area report prepared by a qualified professional and approved by the city. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Department of Fish and Wildlife and the appropriate federal agency.
3. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are proposed adjacent to a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional. Activities are considered adjacent to bald eagle sites when they are within 800 feet, or within a quarter mile (2,640 feet) and in a shorelines foraging area. The city shall verify the location of eagle management areas for each proposed activity. Approval of the activity shall not occur prior to approval of the habitat management plan by the Department of Fish and Wildlife.
B. Anadromous Fish (Fish That Spawn and Rear in Freshwater and Mature in the Marine Environment).
1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:
a. Activities shall be timed to occur only during the allowable work window as designated by the Department of Fish and Wildlife for the applicable species;
b. An alternative alignment or location for the activity is not feasible;
c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; and
d. Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report.
2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.
3. Fills, when authorized by the Fife shoreline master program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use. (Ord. 1566-05 § 43, 2005).
17.15.090 Establishing buffers.
Based on the information provided in the habitat management plan and such other relevant information available to the community development director, buffers consisting of undisturbed natural vegetation shall be required to insure retention of habitat areas. Buffer widths shall be established on a case-by-case basis by the community development director. In determining buffer widths the director shall consider, at a minimum, the following factors:
A. The buffers proximity to specific site conditions which indicate a necessity to have a larger buffer such as landslide hazard areas or wetlands;
B. The need to protect an important documented wildlife migratory corridor or nesting area;
C. The presence of site specific conditions which indicate a necessity to reduce the buffer width, such as the existence of public utilities (when no feasible alternative route exists); and
D. The possibility of reducing the buffer width if a conservation district best management plan has been established for the site and the plan protects fish and wildlife habitat to the satisfaction of the director. (Ord. 1115 § 10, 1992).
17.15.100 Building setback and construction near buffer.
A minimum setback of 15 feet from the buffer shall be required for construction of any impervious surface(s) greater than 100 square feet in base coverage. Pervious surfaces and bioretention facilities are allowed within the 15-foot setback from the buffer as long as there is no disturbance within the buffer. Clearing, grading and filling near the buffer shall be allowed only if the applicant can demonstrate that vegetation within the buffer will not be damaged. The edge of the buffer shall be clearly staked and flagged before construction begins. (Ord. 1954 § 26, 2016; Ord. 1115 § 11, 1992).
17.15.110 Fencing from farm animals.
Permanent fencing shall be required to prevent farm animals, if present, from entering the buffer. (Ord. 1115 § 12, 1992).
17.15.120 Allowable activities in the buffer.
The following activities are allowed within the buffer upon approval from the community development director and only if he determines the activity will not adversely impact the species for which the buffer was created:
A. Noxious weeds, as listed in Chapter 16-750 WAC, may be removed from or destroyed within the buffer, provided that the following conditions are met:
1. Cleared areas created by such weed removal shall be revegetated to the satisfaction of the department;
2. Methods and time schedule for removal of such noxious weeds shall be approved by the department after consultation with other responsible agencies.
B. Previously cleared lands may be revegetated. The director may specify plant types and time schedules for such re-vegetation.
C. Removal of dead or diseased trees that pose a threat to property if approved by the director.
D. The repairing of fences.
E. The cleaning and repair of drainage and irrigation ditches; provided that:
1. Vegetation is not disturbed beyond that necessary to accomplish the cleaning or maintenance;
2. The water body does not support salmonids;
3. Ditches supporting salmonids may be maintained if a best management plan is developed and implemented to the satisfaction of the director. (Ord. 1115 § 13, 1992).
17.15.130 Granting permits.
A permit shall only be granted if the permit for the proposed activity, as conditioned:
A. Is consistent with the purposes and intent of this chapter; and
B. Avoids adverse impacts to habitats or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and
C. Is compatible in design, scale, and use, with other development or potential development in the area; and
D. Utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the habitat; and
E. All approvals shall be supported by the best available science. (Ord. 1566-05 § 44, 2005; Ord. 1115 § 14, 1992).
17.15.140 Sensitive area management tracts.
As a condition of any permit issued pursuant to this chapter, the permit holder shall be required to create a separate sensitive area management tract containing the areas determined to be habitats. Sensitive area management tracts are legally created tracts containing habitats, and compensation areas that shall remain undeveloped in perpetuity, except for allowed activities pursuant to this chapter. Sensitive area management tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. (Ord. 1115 § 15, 1992).
17.15.150 Protection of sensitive area management tracts.
The director shall require, as a condition of any permit issued pursuant to this chapter, that the sensitive area management tracts be protected and maintained in perpetuity by a sensitive area management easement which must be recorded with the Pierce County auditor prior to the commencement of any activity pursuant to the terms of the permit. In addition, an entity that will be responsible for the maintenance and protection of the sensitive area tract must be designated as part of the permit. (Ord. 1115 § 16, 1992).
17.15.160 Marking during construction.
The location of the outer extent of the habitat and the areas to be disturbed pursuant to an approved permit shall be marked in the field to prevent unnecessary disturbance by individuals and equipment during the development or construction of the permitted activity. Such field marking shall be approved by the community development director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. (Ord. 1115 § 17, 1992).
17.15.170 Permanent marking of management tract.
The boundary of a sensitive area management tract must be permanently identified by signs, the location, size, and wording of which must be approved by the building official. These signs should be worded as follows:
Protection of this natural habitat area is in your care. Alteration or disturbance is prohibited by law. Please call the city of Fife department of community development for more information.
(Ord. 1115 § 18, 1992).
17.15.180 Additional requirements.
The community development director may attach such additional conditions to the granting of a permit as deemed necessary to assure the preservation and protection of affected habitat and to assure compliance with the purposes and requirements of this chapter. These conditions include, but are not limited to fencing, educational signage, and other passive recreational amenities. (Ord. 1115 § 19, 1992).
17.15.190 Deed restrictions.
The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing sensitive area management tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area management tract except for allowed activities and regulated activities allowed by a permit issued pursuant to this chapter. (Ord. 1115 § 20, 1992).