Chapter 17.130
CRITICAL AREAS – FISH AND WILDLIFE HABITAT CONSERVATION AREAS – SPECIFIC STANDARDS

Sections:

17.130.010    Purpose.

17.130.020    Objectives.

17.130.030    Relationship to general standards for critical areas.

17.130.040    Designation.

17.130.050    Classification of streams.

17.130.060    Standard buffer width requirements.

17.130.070    Building setbacks.

17.130.080    Allowed permitted activities in streams and buffers.

17.130.090    Critical area reports – Specific requirements for streams.

17.130.010 Purpose.

It is the purpose of this chapter to promote the public health, safety, and welfare by designating fish and wildlife habitat by definition and regulating development activity in these areas. Additionally, it is the intent of this chapter to adopt development regulations as required in RCW 36.70A.060, precluding land uses or development that are incompatible with critical areas designated under RCW 36.70A.170. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 10(H)(1), 1995).

17.130.020 Objectives.

The objectives of this chapter are to:

(1) Protect the public health, safety and welfare by minimizing adverse impacts of development;

(2) Enhance, preserve and protect unique, fragile, and valuable elements of the environment, including ground and surface waters, and fish and wildlife and their habitats through application of best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals;

(3) Direct activities not dependent on stream resources to less ecologically sensitive sites and mitigate unavoidable impacts to these critical areas by regulating alterations in and adjacent to them; and

(4) Implement the goals and policies of the Growth Management Act and the Stanwood Comprehensive Plan, as well as the requirements of the State Environmental Policy Act. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 10(H)(2), 1995).

17.130.030 Relationship to general standards for critical areas.

This chapter contains standards specific to streams, and should be considered in conjunction with the standards in Chapter 17.114 SMC. Please refer to that chapter for general standards and administration. In the case of a conflict between this chapter and Chapter 17.114 SMC, this chapter shall prevail. (Ord. 1164 § 4, 2004).

17.130.040 Designation.

(1) Fish and Wildlife Habitat Conservation Areas include:

(a) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association.

(i) 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 are threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

(ii) State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington 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 Washington Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status.

(b) State Priority Habitats and the Habitats of State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status; sensitivity to habitat alteration; and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the Washington Department of Fish and Wildlife; maps and reports can be obtained by contacting the Washington Department of Fish and Wildlife’s Priority Habitats and Species Program.

(c) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the Stanwood city council, including those that possess unusual or unique habitat warranting protection. Any species identified by the council should be listed.

(d) Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW.

(e) Naturally Occurring Ponds under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

(f) Waters of the State. In the city of Stanwood, waters of the state include lakes, ponds, 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.

(g) State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the Washington Department of Natural Resources.

(h) Land essential for preserving connections between habitat blocks and open spaces.

(2) All areas within the city of Stanwood meeting one or more of these criteria are hereby designated fish and wildlife habitat conservation areas and are subject to the provisions of this chapter. (Ord. 1164 § 4, 2004).

17.130.050 Classification of streams.

(1) Type 1 Stream. All streams, within their ordinary high-water mark, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, but not including those waters’ associated wetlands as defined in Chapter 90.58 RCW.

(2) Type 2 Stream. Segments of natural streams that are not classified as Type 1 Streams and have a high fish and wildlife use. These are segments of natural streams and periodically inundated areas of their associated wetlands, which:

(a) Are used by fish for spawning, rearing or migration. Stream segments having a defined channel 20 feet or greater within the average bankfull width and having a gradient of less than four percent are presumed to have highly significant fish populations;

(b) Are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:

(i) The site must be connected to a fish-bearing stream and be accessible during some period of the year; and

(ii) The off-channel water must be accessible to fish through a drainage with less than a five percent gradient.

(3) Type 3 Stream. Segments of natural streams that are not classified as Type 1 or 2 Streams and have a moderate to slight fish and wildlife use. These are segments of natural streams and periodically inundated areas of their associated wetlands which are used by fish for spawning, rearing or migration. The requirements for determining fish use are described in the State Forest Practices Board Manual, Section 13. If fish use has not been determined, streams having the following characteristics are presumed to have fish use:

(a) Stream segments having a defined channel of two feet or greater within the average bankfull width, and having a gradient of 16 percent or less; and

(b) Stream segments having a defined channel of two feet or greater within the average bankfull width, a gradient greater than 16 percent and less than or equal to 20 percent, and a contributing basin size based on hydrographic boundaries greater than 50 acres.

(4) Type 4 Stream. All segments of natural streams within the average bankfull width of defined channels that are perennial nonfishhabitat streams. Perennial streams are streams that do not go dry any time during a year of normal rainfall. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see State Forest Practices Board Manual, Section 23), then Type 4 Streams begin at a point along the channel where the contributing basin area is at least 52 acres.

(5) Type 5 Stream. All segments of natural streams within the average bankfull width of the defined channels that are not Type 1, 2, 3, or 4 Streams. These are seasonal, nonfish-habitat streams in which surface flow is not present for at least some portion of the year. (Ord. 1164 § 4, 2004).

17.130.060 Standard buffer width requirements.

Buffers shall be required for all streams regulated by this chapter. Required stream buffer widths are as stated in this section.

(1) Required widths for stream buffers are as follows:

(a) For Type 1 streams – 150 feet;

(b) For Type 2 streams – 150 feet;

(c) For Type 3 streams – 100 feet;

(d) For Type 4 streams – 75 feet; and

(e) For Type 5 streams – 50 feet.

(2) Measurement. The buffer shall be measured horizontally in a landward direction from the ordinary high water mark. Where lands adjacent to a stream display a continuous slope of 25 percent or greater, the buffer shall include all such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer shall be extended to a point 25 feet beyond the top of the bank of the sloping area.

(3) Averaging Buffer Widths. The width of a buffer may be averaged, thereby reducing the width of a portion of the buffer and increasing the width of another portion, if all of the following requirements are met:

(a) Averaging will not impair or reduce the habitat, water quality purification and enhancement, stormwater detention, groundwater recharge, shoreline protection and erosion protection, and other functions of the stream or buffer;

(b) The total area of the buffer on the subject property is not less than the buffer which would be required if averaging were not allowed; and

(c) No part of the width of the buffer is less than 65 percent of the required width or 25 feet, whichever is greater.

(4) Buffer Width Reduction. Buffer widths may be reduced if the buffer is enhanced in accordance with the following requirements:

(a) Buffer width reduction and enhancement is targeted for buffer areas that have minimal functional values due to existing physical characteristics;

(b) The applicant demonstrates that proposed buffer enhancement, together with proposed buffer width reduction, will result in an increase in the functional value of the buffer when compared with the functional value of the standard buffer;

(c) The applicant includes a comparative analysis of buffer values prior to and after enhancement, and demonstrates compliance with this section, as part of the critical area report required by SMC 17.130.090;

(d) The buffer width is not reduced below 75 percent of the standard buffer width, or 25 feet, whichever is greater, and the total buffer area reduction is not less than 75 percent of the total buffer area before reduction; and

(e) The functional values of the stream protected by the buffer are not decreased. (Ord. 1164 § 4, 2004).

17.130.070 Building setbacks.

Unless otherwise provided, buildings and other structures shall be set back a distance of 15 feet from the edges of all stream buffer boundaries. The following may be allowed in the building setback area:

(1) Landscaping;

(2) Uncovered decks;

(3) Building overhangs if such overhangs do not extend more than 18 inches into the setback area; and

(4) Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted in Chapters 17.140 SMC. (Ord. 1164 § 4, 2004).

17.130.080 Allowed permitted activities in streams and buffers.

(1) See SMC 17.114.140 for allowed activities. In addition to the provisions of that section, the following apply:

(a) Public and Private Pedestrian Trails (in Buffers Only). In addition to the provisions of SMC 17.114.140(4)(e), trails proposed in stream buffers shall be located in the outer 25 percent of the buffer area, the farthest distance from the stream, and shall be constructed of pervious materials.

(2) Conservation, Preservation, Restoration and/or Enhancement. Restoration and/or enhancement of wetlands or their buffers; provided, that actions do not alter the location, dimensions or size of the buffer; that actions do not alter or disturb existing native vegetation or wildlife habitat attributes; that actions improve and do not reduce the existing functions of the stream or buffer; and that actions are implemented according to a restoration and/or enhancement plan that has been approved by the city of Stanwood.

(3) Disturbance of Soils. When disturbance of soils is necessary in stream buffers as part of an authorized, permitted activity or as otherwise allowed in these standards, the following shall apply:

(a) Grading is allowed only during the dry season, which is typically regarded as beginning on May 1st and ending on October 1st of each year; provided, that the city of Stanwood may extend or shorten the dry season on a case-by-case basis, based on actual weather conditions.

(b) The soil duff layer in ungraded areas shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other nonwetland and stream areas of the project site.

(c) The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces.

(d) Erosion and sediment control that meets or exceeds the standards set forth in the city of Stanwood’s stormwater regulations (Chapter 17.140 SMC) shall be provided.

(4) Public and Private Roadway Crossings, Bridges, and Culverts. Construction of public and private roadway crossings and bridges less than or equal to 30 feet wide and culverts less than or equal to 30 feet long, subject to the following standards:

(a) There is no other feasible alternative route with less impact on the stream or buffer;

(b) Stream crossings minimize interruption of downstream movement of wood and gravel;

(c) Mitigation for impacts is provided pursuant to an approved mitigation plan; and

(d) Stream bridges and culverts are designed according to the Washington Department of Fish and Wildlife “Fish Passage Design at Road Culverts,” March 1999, or the National Marine Fisheries Service “Guidelines for Salmonid Passage at Stream Crossings,” 2000.

(5) Utility Lines. New utility lines may be permitted to cross wetlands and their buffers if they comply with the following standards:

(a) Critical areas and their buffers shall be avoided to the maximum extent feasible;

(b) Installation across a stream shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone, unless it is not feasible due to engineering constraints;

(c) Installation under a wetland shall be accomplished when feasible by boring beneath the wetland at a depth sufficient to prevent adverse hydrology impacts;

(d) Mitigation for impacts is provided by the city of Stanwood;

(e) The utilities shall cross at an angle between 60 and 90 degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible due to engineering constraints;

(f) Crossings shall be contained within the footprint of an existing street, driveway, or utility crossing where possible;

(g) The utility route shall avoid paralleling the stream or following a down-valley course near the channel; and

(h) The utility installation shall not increase or decrease the natural rate of shore migration or channel migration.

(6) Streambank Stabilization.

(a) Streambank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report. All actions must comply with the appropriate state and federal guidelines and obtain any required state and federal permits.

(b) Streambank stabilization to protect existing structures from channel migration is permitted in accordance with an approved critical area report. All actions must comply with the appropriate state and federal guidelines and obtain any required state and federal permits.

(c) Maintenance of existing streambank stabilization features is allowed under the following conditions:

(i) No power tools shall be used within the stream and stream buffer. Only hand equipment shall be utilized;

(ii) No clearing of vegetation within the stream or stream buffer;

(iii) Maintenance actions shall be restricted to May 1st through October 1st or as modified by appropriate state and federal timing restrictions; and

(iv) All actions must comply with the appropriate state and federal guidelines and obtain any required state and federal permits.

(7) Modification of Existing Structures. No existing structure may be modified to increase impervious surface in the stream or stream buffer. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 10(H)(3), 1995. Formerly 17.130.030).

17.130.090 Critical area reports – Specific requirements for streams.

When a critical area report is required, the planning director may require any or all of the following as part of the critical area report, in addition to the general requirements of SMC 17.114.160:

(1) Stream corridors, name (if named), and stream type based on the State Department of Natural Resources’ Official Water Type Maps and SMC 17.130.150;

(2) Observed or reported wildlife that make use of the area including, but not limited to, nesting, breeding, and feeding areas;

(3) A description of the streams and wetlands within 150 feet of the subject property, including buffers, drainage systems entering and leaving the site, a list of observed and documented plant and wildlife species, a description of the relative abundance of documented plant and wildlife species, and a description of the method used for flagging the wetlands edge, stream corridor, and buffers;

(4) A description and illustration of proposed development activities within the stream or buffer;

(5) A description of any previous disturbances to the stream or buffer;

(6) A summary of the methodology used to conduct the study;

(7) A mitigation plan which meets the requirements of SMC 17.114.180 and 17.114.190;

(8) A stream relocation plan, if applicable;

(9) A discussion of existing functional values of the stream and buffers; and

(10) A discussion of the changes to stream and buffer functional values resulting from the proposed development activity. (Ord. 1164 § 4, 2004).