Chapter 14.09
FISH AND WILDLIFE HABITAT
CONSERVATION AREAS
Sections:
14.09.010 Purpose.
14.09.020 Designation.
14.09.030 Buffers.
14.09.040 Wildlife and other habitat.
14.09.050 General performance standards.
14.09.060 Special provisions – Salmonid.
14.09.070 Special provisions – Wildlife.
14.09.080 Native growth protection easement/critical area tract.
14.09.090 Critical area report.
14.09.010 Purpose.
The purpose of the fish and wildlife habitat conservation areas is to preserve and protect those areas with which salmonid fish, threatened and endangered species, and species of local importance have a primary association. (Ord. 1243 Exh. B (part), 2006).
14.09.020 Designation.
A. For purposes of these regulations, fish and wildlife conservation areas are those habitat areas that meet any of the following criteria:
1. Areas with which state or federally designated endangered, threatened, priority, or critical species have a primary association;
2. Habitats of local importance, limited to areas designated as priority habitat by the Department of Fish and Wildlife;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;
4. Waters of the state, including lakes, rivers, ponds, streams (and their associated wetlands), inland waters, underground waters, salt waters, and all other surface water and watercourses within the jurisdiction of the state of Washington;
5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
6. State natural area preserves and natural resources conservation areas; and
7. Land essential for preserving connections between habitat blocks and open spaces.
B. All areas within the city meeting one or more of the above criteria, regardless of any formal identification, are designated critical areas and are subject to the provisions of this chapter. The approximate location and extent of known fish and wildlife habitat conservation areas are shown on Figure 4, Fish and Wildlife Habitat Conservation Areas1. These mapped areas are comprised of Type S and F streams and their buffers, and associated wetlands. Associated wetlands may be partially or fully within a neighboring wetland, stream, and their buffers, or adjacent to designated fish and wildlife habitat areas. The map may be periodically revised by the city to add or remove areas based on additional information. (Ord. 1243 Exh. B (part), 2006).
14.09.030 Buffers.
A. Riparian Habitat. The following buffers are the minimum requirements for streams. Where associated wetlands exist, the buffer may extend to wetland standard buffers, as provided under NBMC 14.06.030. Stream buffers shall be measured from the ordinary high water mark (OHWM) as provided in NBMC 14.08.030. (Ord. 1243 Exh. B (part), 2006).
14.09.040 Wildlife and other habitat.
Buffer widths and setbacks for the protection of listed species outside of streams and stream buffers will be determined on a site-specific basis through the approval of a critical area report. (Ord. 1243 Exh. B (part), 2006).
14.09.050 General performance standards.
The requirements provided in this section supplement those identified in Chapter 14.05 NBMC and NBMC 14.06.060, Critical area report/study. Fish and wildlife habitat conservation areas may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the qualitative functions and values of the habitat. All new structures and land alterations shall be prohibited from habitat conservation areas, except in accordance with this chapter. Additional standards follow:
A. No development shall be allowed within a habitat conservation area or any associated buffer with which state or federally endangered, threatened, priority, or critical species have a primary association.
B. Whenever development is proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or critical species have a primary association, such areas shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the director.
C. Habitat Study. Development proposals or alterations in or adjacent to a fish and wildlife habitat conservation area shall prepare and submit, as part of its critical areas study, a habitat study that identifies which, if any, listed species are using that fish and wildlife habitat conservation area. If one or more listed species are using the fish and wildlife habitat conservation area, the following additional requirements shall apply:
1. The applicant shall include in its critical area study a habitat management plan that identifies the qualities that are essential to maintain feeding, breeding, and nesting of listed species using the fish and wildlife habitat conservation area and that identifies measures to minimize the impact on these ecological processes from proposed activities. The applicant shall be guided by the document Management Recommendations for Washington’s Priority Habitats and Species, issued by the Washington State Department of Wildlife, May 1991, and as may be amended, and by any recovery and management plans prepared by the Washington State Department of Fish and Wildlife for the listed species pursuant to WAC 232-12-297(11).
2. Conditions shall be imposed, as necessary, based on the measures identified in the habitat management plan.
D. Approval of alteration of land in habitat conservation areas, buffers, or any associated setback zones shall not occur prior to consultation with the State Department of Fish and Wildlife and the appropriate federal agency, if applicable.
E. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval.
F. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, the following provisions shall apply to the alteration:
1. Watercourse alteration projects shall not result in blockage of side channels. Known fish barriers into side channels shall be removed as part of an approved watercourse alteration project.
2. Removal of large woody debris (LWD) and vegetation, including salvage logging, shall be avoided or minimized unless it is demonstrated that the LWD poses an imminent safety hazard to the public, property, or structures, or when it is part of a larger restoration project. Any removal that is unavoidable shall be mitigated by replanting with native vegetation and by augmenting lost LWD where LWD can be anchored in such a way to provide fisheries, riparian, or shoreline erosion benefits, and to avoid safety hazards where recreational boating and swimming are expected.
3. The applicant shall maintain the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished. Maintenance shall be bonded for a period of five years and be in accordance with an approved maintenance program.
G. The director shall condition approval of activities allowed within a fish and wildlife habitat conservation area or its buffer, as necessary, per the approved critical area report and habitat management plan to minimize or mitigate any potential adverse impacts. Conditions may include:
1. Establishment of buffer zones outside of the required stream and wetland buffers, on a case-by-case basis, as may be necessary to retain adequate natural habitat for listed species;
2. Preservation of critical, important vegetation and/or habitat features (e.g., snags);
3. Limitation of access to the habitat area, including fencing (on a case-by-case basis) to deter unauthorized access (note: fencing shall not create a barrier to habitat function);
4. Seasonal restrictions of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure successful completion. (Ord. 1243 Exh. B (part), 2006).
14.09.060 Special provisions – Salmonid.
A. Activities, uses, and alterations proposed to be located in water bodies used by salmonids or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of salmonid habitat, including, but not limited to, the following:
1. Activities shall be timed to occur only during the allowable work window as designated by the State Department of Fish and Wildlife;
2. An alternative alignment or location for the activity is not feasible;
3. The activity is designed so that it will minimize the degradation of the functions or values of the fish habitat or other critical areas; and
4. Any impact to the functions and values of the habitat conservation area are mitigated in accordance with an approved critical area report.
B. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by salmonids. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent juveniles migrating downstream from being trapped or harmed.
C. Fills, when authorized, shall minimize the adverse impacts to salmonids and their habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses. (Ord. 1243 Exh. B (part), 2006).
14.09.070 Special provisions – Wildlife.
Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). (Ord. 1243 Exh. B (part), 2006).
14.09.080 Native growth protection easement/critical area tract.
A. As part of the implementation of approved development applications and alterations, fish and wildlife conservation areas and any associated buffers that remain undeveloped pursuant to the critical area regulations shall be designated as native growth protection easements (NGPE). In addition to the requirements specified in Chapter 14.05 NBMC, the following shall apply:
1. An NGPE shall be designated for Type S, F and N streams, unless the director has waived the NGPE requirements for Type N streams (see below). Where a stream or its buffer has been altered on the site prior to approval of the development proposal, as a result of the development proposal, the area altered shall be restored using native plants and materials. The restoration work shall be done pursuant to an approved mitigation plan.
2. Public and private trails may be allowed within all critical area buffers where it can be demonstrated in a critical area report that the buffer functions and values will not be degraded by trail construction or use. Trail planning, construction, and maintenance shall adhere to the criteria outlined in NBMC 14.06.050.
B. The director may waive the NGPE requirements on Type N streams, when located beyond one-quarter mile of a stream with salmonids if all of the following criteria are met:
1. All buffer, building setback line, and flood plain distances are identified on the appropriate documents of title;
2. The stream channel and buffer are maintained as a vegetated open swale without altering the channel dimensions or alignment and are recorded in a drainage easement to the city of North Bend that requires that the channel remain open and vegetated for water quality and hydrologic purposes;
3. All clearing proposed within the stream and its buffer shall occur between April 1st and September 1st, or as further restricted by timing limits established by the State Department of Fish and Wildlife, and shall meet all erosion and sedimentation requirements of the city;
4. There are no downstream flooding or erosion problems within one-half mile of the site;
5. The stream is not within an erosion hazard area; and
6. No existing water wells are within or adjacent to the stream buffers.
C. When the subject development is a formal subdivision, short subdivision (short plat), binding site plan, master site plan, contract rezone, site plan/design review, or planned residential development (PRD), the fish and wildlife habitat conservation areas shall be placed in a critical area tract and designated as an NGPE, as described in NBMC 14.05.100, General provisions. (Ord. 1243 Exh. B (part), 2006).
14.09.090 Critical area report.
A. A critical area report for fish and wildlife habitat conservation areas shall be prepared by a qualified biologist with experience analyzing aquatic and/or wildlife habitat and who has experience preparing reports for the relevant type of critical area.
B. In addition to the requirements of Chapter 14.05 NBMC, critical area reports for wildlife habitat areas shall include the following additional information:
1. An assessment of habitats including the following site and proposal related information;
2. Identification of any species of local importance, priority species, or endangered, threatened, critical, 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
3. A discussion of any federal, state, or local species management recommendations, including the State Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitat located on or adjacent to the project area.
C. A critical area report for streams shall include the following information:
1. On the site map:
a. The location of the ordinary high water mark;
b. The toe of any slope 25 percent or greater within 25 feet of the ordinary high water mark; and
c. The location of any proposed or existing stream crossing.
2. In the report:
a. Characterization of riparian (streamside) vegetation species, composition, and habitat function;
b. Description of the soil types adjacent to and underlying the stream, using the Soil Conservation Service soil classification system;
c. Determination of the presence or absence of fish, and reference sources; and
d. When stream alteration is proposed, include stream width and flow, stability of the channel including erosion or aggradation potential, type of substratum, discussions of infiltration capacity and biofiltration as compared to the stream prior to alteration, presence of hydrologically linked wetlands, analysis of fish and wildlife habitat, and proposed floodplain limits. (Ord. 1243 Exh. B (part), 2006).
See city website for current version.