Chapter 17.41
HCD, HABITAT CONSERVATION DISTRICT

Sections:

17.41.010    Purpose.

17.41.020    Definitions.

17.41.030    Activities permitted within wetlands, wetland buffers or riparian habitat.

17.41.040    Minimum lot area.

17.41.010 Purpose.

The principal objective and purpose to be served by this classification and its application is to protect the diminishing natural ecosystem of wetlands and riparian habitats as a natural heritage to the city’s present and future residents in years to come. (Ord. 782 § 1 (part), 1994)

17.41.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

“Ecosystem” means a system made up of a community of organisms and its interrelated physical and chemical environment.

“Enhancement” means actions performed to improve the condition of existing wetlands or riparian area so that the functions they provide are additional and are of a higher value.

“Functions” means the beneficial roles served by wetlands or riparian habitat including but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

“Riparian habitat” means an ecosystem associated with the banks and other land adjacent to freshwater bodies, rivers, streams, creeks and surface-emergent aquifers (such as springs and seeps). Riparian habitat is characterized by plant and animal communities which require high soil moisture conditions maintained by transported freshwater in excess of that otherwise available through local precipitation.

“Wetland buffer areas” means land surrounding wetlands which provides area of an appropriate size to protect the environmental and functional habitat values of the wetland, or which are integrally important in supporting the full range of the wetland and adjacent upland biological community.

“Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by permanent or seasonal shallow water. For the purposes of this definition, wetlands are those lands that have all of the following attributes:

1.    At least periodically, the land supports predominantly hydrophytes;

2.    The substrate is predominantly undrained hydric soil; and

3.    The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

Examples of wetland areas include swamps, freshwater marshes, bogs, vernal pools, wet meadows, wet pastures, springs and seeps; portions of lakes, ponds, rivers and streams; and all other areas which are periodically or permanently covered by shallow water, or dominated by hydrophytic vegetation, or in which the soils are predominantly hydric in nature. (Ord. 782 § 1 (part), 1994)

17.41.030 Activities permitted within wetlands, wetland buffers or riparian habitat.

The following uses, and all others determined by the planning commission to be similar, shall be permitted:

A.    Enhancement, conservation or preservation of soil, vegetation, fish and other wildlife;

B.    Passive outdoor recreational activities, including fishing, bird-watching, hiking, horseback riding and bicycling, provided that they do not harm the natural ecosystem;

C.    The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions or water sources;

D.    The maintenance and repair (but not construction) of drainage ditches;

E.    Education, scientific research and interpretative centers;

F.    The construction, maintenance and repair of facilities which are necessary to protect the integrity of the wetlands; and

G.    Site investigative work necessary for land use application submittals such as tree surveys, soil logs, percolation tests and other related activities. In every case, impacts shall be minimized and disturbed areas shall be immediately restored. (Ord. 782 § 1 (part), 1994)

17.41.040 Minimum lot area.

Minimum required area for habitat conservation shall be not less than 1 acre. (Ord. 782 § 1 (part), 1994)