Chapter 17.25
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
17.25.030 Water bodies – Riparian buffers.
17.25.031 Water bodies – Administrative buffer modifications.
17.25.032 Water bodies – Buffer increase.
17.25.040 Water bodies – Allowed uses.
17.25.050 Other fish and wildlife habitat conservation areas.
17.25.060 Review and reporting requirements.
17.25.070 Mitigation standards.
17.25.080 Development standards.
17.25.010 Designation.
A. Fish and wildlife habitat conservation areas are those areas identified as being of critical importance to the maintenance of certain fish, wildlife, and/or plant species. These areas are typically identified either by known point locations of specific species (such as a nest, den, or oak tree), or by area of species or habitat (such as aquatic habitat or duck breeding areas), or by location on the ground (such as streams, wetlands, and lakes). These areas 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. All areas within the city meeting these criteria are hereby designated critical areas and are subject to the provisions of this chapter.
B. For purposes of this chapter, fish and wildlife habitat conservation areas shall include all of the following, and as further defined in WAC 365-190-130:
1. Areas where federal and state endangered, threatened, and sensitive species have a primary association;
2. State priority habitats and areas associated with state priority species defined and listed by the Washington Department of Fish and Wildlife in the Priority Habitats and Species List, most recently updated edition;
3. Areas where anadromous species have a primary association;
4. State natural area preserves, natural resource conservation areas, and state wildlife areas including:
a. Waters of the state;
b. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
c. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
C. In addition to the species and habitats identified in subsection (B) of this section, the city may designate additional species and/or habitats of local importance as follows:
1. In order to nominate an area or a species as locally important, an individual or organization must:
a. Demonstrate a need for special consideration based on:
i. Declining population;
ii. High sensitivity to habitat manipulation; or
iii. Demonstrated commercial, recreational, cultural, or other special value;
b. Propose relevant management strategies considered effective and within the scope of this chapter; and
c. Provide a map showing the species or habitat location(s).
2. Submitted proposals shall be reviewed by the city and may be forwarded to the state Departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.
3. If the proposal is found to be complete, accurate, and consistent with the purposes and intent of this chapter, the city planning commission will hold a public hearing to solicit comment. Approved nominations will become designated locally important habitats or species and will be subject to the provisions of this chapter. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.020 Water bodies.
A. Water bodies shall be designated in accordance with the Washington State Department of Natural Resources (DNR) stream type as provided in WAC 222-16-030 with the following provisions:
1. “Type S water” means all waters inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, including periodically inundated areas of their associated wetlands.
2. “Type F water” means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are describe by one of the qualities described in WAC 222-16-030(2).
3. “Type Np water” means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.
4. “Type Ns water” means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an aboveground channel system to Type S, F, or Np waters.
B. Non-fish habitat streams are those streams that have no known or potential use by anadromous or resident fish based on the stream character, hydrology and gradient; provided, that human-made barriers shall not be considered a limit on fish use except when the director makes the following findings:
1. The human-made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure; provided, that the infrastructure is not identified for future modification in the capital facility or other plans of the public agency responsible for the infrastructure, and the facility will not exceed its design life within the foreseeable future;
2. The human-made barrier is located beneath one or more occupied structures and it is not feasible to remove the barrier without removing the structure, and the structure is of a size and condition that removal or substantial remodel is not likely;
3. The human-made barrier is not identified for removal by a public agency or in an adopted watershed plan. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.030 Water bodies – Riparian buffers.
The director shall have the authority to require riparian buffers from the edges of all water bodies in accordance with the following:
A. Buffers shall be established for activities adjacent to water bodies as necessary to protect the integrity, functions and values of the resource. Buffer widths shall reflect the sensitivity of the species or habitat and the type and intensity of the adjacent human use or activity.
B. Standard Buffers. The standard buffer widths required by this section are based on scientific studies of the conditions necessary to sustain ecological functions and values to support anadromous and resident fish and presume the existence of a dense native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. Buffers shall be measured as follows:
1. Type S water inventoried as “shorelines of the state” under the jurisdiction of the Shoreline Management Act, except associated wetlands which shall be regulated in accordance with Chapter 17.23 CMC, shall have buffer widths as required by the Shoreline Management Program.
2. Type F water, segments of natural waters that are fish-bearing streams: 150 feet.
3. Type Np water, segments of natural waters that are perennial non-fish habitat streams: 100 feet.
4. Type Ns water, segments of natural waters within defined channels that are seasonal, non-fish habitat streams: 100 feet.
5. Non-fish-bearing streams in existing subdivisions:
a. Where streams have been placed in separate tracts, buffers will be provided by the tract, provided a minimum dimension of 25 feet from the edge of the stream is provided;
b. Where streams have not been placed in separate tracts, or if a minimum dimension of 25 feet from the edge of the stream is not provided, buffers will meet the dimensional requirements in subsection (B)(4) of this section, unless existing structures are located within the buffer. In that case, the following provisions shall apply:
i. An inner riparian buffer shall be provided with a dense community of native trees, shrubs, and ground cover. The dimension of this buffer shall be a minimum of 15 feet, and may be expanded if sufficient clearance is available between the stream and existing primary structures;
ii. An outer riparian buffer may be provided to extend within 10 feet of an existing primary structure. Within the outer buffer, a maximum of 25 percent of the zone may be used as grass turf, with the balance a dense community of native trees, shrubs, and ground cover.
C. Buffer Measurement. The buffer shall be measured landward horizontally on both sides of the water body from the ordinary high water mark as identified in the field perpendicular to the alignment of the stream or lake/pond bank. The required buffer shall be extended to include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers.
D. Disconnected Buffers. Buffers shall not be required to extend across roads or other lawfully established structures or hardened surfaces that are functionally and effectively disconnected from the water body, if recommended by a critical areas report.
E. Buffer Expansion. Where slopes within the required buffer exceed 35 percent, the buffer shall extend to a minimum dimension of 25 feet past the top of said slopes, or if a buffer associated with a geological hazard is present, to whichever extent is greater.
F. Buffers in Conjunction with Other Critical Areas. Where other critical areas defined in this chapter fall within the water body buffer, the most protective buffer applies. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.031 Water bodies – Administrative buffer modifications.
The director shall have the authority to average or reduce standard riparian buffer widths on a case-by-case basis when the applicant demonstrates to the satisfaction of the director that all the following criteria are met, as demonstrated by a critical areas study pursuant to CMC 17.21.082 and 17.25.060 and a habitat management and mitigation plan pursuant to CMC 17.25.070(B). Riparian buffer averaging and reduction shall not be allowed if the site conditions support an enhanced or expanded riparian buffer pursuant to CMC 17.25.030(E) and 17.25.032.
A. Averaging to modify buffer widths may be permitted when all of the following conditions can be demonstrated:
1. The water body or buffer area has significant differences in characteristics that affect its habitat functions;
2. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the water body and decreased adjacent to the lower-functioning or less sensitive portion;
3. The buffer averaging does not reduce the functions or values of the stream or riparian habitat, or the buffer averaging, in conjunction with buffer enhancement, increases the habitat function, as demonstrated by a habitat management and mitigation plan pursuant to CMC 17.25.070(B);
4. The total area of the buffer after averaging is equal to the area required without averaging;
5. The buffer at its narrowest point is never less than three-fourths of the required width;
6. The slopes adjacent to the water body within the buffer area are stable and the gradient does not exceed 30 percent;
7. Lower intensity land uses would be located adjacent to areas where the buffer width is reduced;
8. There is no feasible alternative to site design that could be accomplished without buffer averaging;
9. The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of functions and values in conjunction with a critical area mitigation study. The specific measures that shall be implemented include but are not limited to those in CMC 17.25.080.
B. The director may allow a buffer to be reduced when all of the following can be demonstrated:
1. The buffer reduction is supported by one or more of the following justifications:
a. The smaller buffer, in conjunction with site design and buffer enhancement, will provide equal or better habitat and pollution removal functions than the larger buffer, as demonstrated by a habitat management and mitigation plan pursuant to CMC 17.25.070(B).
b. The buffer reduction is necessary to allow reasonable use of the property and the remaining buffer is enhanced in accordance with a habitat management and mitigation plan pursuant to CMC 17.25.070(B).
c. The need for buffer width reduction is not due to the property owners’ actions.
d. There are no feasible alternatives to the site design that could be accomplished without buffer reduction.
e. The buffers for Type F or Type Np waters are not reduced by more than 25 percent, and the buffer for Type Ns water is not reduced by more than 50 percent. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.032 Water bodies – Buffer increase.
The director shall have the authority to increase the width of a riparian buffer on a case-by-case basis when such increase is necessary to achieve any of the following:
A. Protect fish and wildlife habitat, maintain water quality, ensure adequate flow conveyance; provide adequate recruitment for large woody debris, maintain adequate stream temperatures, or maintain in-stream conditions.
B. Compensate for degraded vegetation communities, such as:
1. Invasive or homogeneous plant stands (like Himalayan blackberry) lacking deep or dense root systems that degrade pollutant removal capacity compared to native, diverse riparian vegetation; and
2. Shallow-rooted vegetation (e.g., grasses) that may fail to intercept subsurface pollutants that deeper-rooted trees and shrubs could address.
C. Maintain areas for channel migration.
D. Protect adjacent or downstream areas from erosion, landslides, or other hazards.
E. Compensate for soil and hydrology factors, such as low-permeability soils, compacted soils, or altered soil structures that do not effectively infiltrate and/or remove pollutants prior to entering the water body. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.040 Water bodies – Allowed uses.
The following activities or uses may be permitted in water bodies and/or their buffers when all reasonable measures have been taken to avoid adverse effects on species and habitats, the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose, there will be no net loss of function and values of the fish and wildlife habitat conservation area, and compensatory mitigation is provided for all adverse impacts that cannot be avoided:
A. Restoration of piped streams, stream rechanneling, or restoration or development of side channels or overflow channels, when part of a restoration plan that will result in equal or better habitat and water quality and quantity, and that will not diminish the flow capacity of the stream or other natural stream processes; provided, that the project has a state hydraulic project approval and all other applicable permits.
B. Road, trail, bridge, and right-of-way crossings, provided they meet the following criteria:
1. There is no other feasible alternative route with less impact on critical areas.
2. The crossing minimizes interruption of natural processes such as the downstream movement of wood and gravel and the movement of all fish and wildlife. Bridges are preferred for all stream crossings and should be designed to maintain the existing stream gradient and substrate, provide adequate horizontal clearance on each side of the ordinary high water mark and adequate vertical clearance above ordinary high water mark for animal passage. If a bridge crossing is not feasible, culverts shall be designed according to applicable state and federal guidance criteria for fish passage as identified in the most recent version of the WDFW Water Crossing Design Guidelines and in accordance with a state hydraulic project approval. The applicant or property owner shall maintain fish passage through the bridge or culvert.
3. The city may require that existing culverts be removed, repaired, or modified as a condition of approval if the culvert is detrimental to fish habitat or water quality, and a feasible alternative exists.
4. Crossings shall be limited to the minimum width necessary. Common crossings are the preferred approach where multiple properties can be accessed by one crossing.
5. Access to private development sites may be permitted to cross streams, only if there are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts, may be specified, including placement on elevated structures as an alternative to fill, if feasible.
C. Outdoor recreational or educational activities which do not significantly affect the function of the water body or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) and meet the following criteria:
1. Trails shall not exceed four feet in width and shall be surfaced with pervious material, including boardwalk.
2. The trail or facility shall be located in the outer 50 percent of the buffer area unless a location closer to the water body edge is required for interpretive purposes.
3. The trail or facility shall be constructed and maintained in a manner that minimizes disturbance of the water body or buffer.
D. Storm water conveyance or discharge facilities such as infiltration systems dispersion trenches, level spreaders, and outfalls, consistent with the adopted storm water manual, may be permitted in a fish and wildlife habitat conservation area buffer on a case-by-case basis when all of the following are met:
1. Due to topographic or other physical constraints there are no feasible locations for these facilities outside the buffer.
2. Storm water facilities are located in an appropriate location, designed to prevent erosion, promote infiltration, and remove pollutants, and will enhance the riparian buffer and protect the watercourse.
3. The facilities are designed consistent with the requirements of Chapter 15.30 CMC and CMC 17.25.080(B).
4. The storm water facilities are located within a tract or easement.
E. Stream bank stabilization, shoreline protection, and public or private launching ramps may be permitted, subject to all of the following standards:
1. Natural shoreline processes will be maintained to the maximum extent practicable. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate, or eliminate or reduce sediment supply from feeder bluffs;
2. When avoidance is not possible, adverse impact to fish or wildlife habitat conservation areas, specifically juvenile and adult fish migration corridors, or associated wetlands will be mitigated;
3. Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient;
4. Stabilization is achieved through bioengineering or soft armoring techniques in accordance with an applicable hydraulic project approval issued by the Washington Department of Fish and Wildlife;
5. Hard bank armoring may occur only when the property contains an existing permanent structure(s) that is in danger from shoreline erosion caused by riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply.
F. New public flood protection measures and expansion of existing measures may be permitted; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not provide adequate protection and shall be subject to requirement of the shoreline master program, where applicable, hydraulic project approval and other permits.
G. New docks shall be permitted only for public access, as an accessory to water-dependent uses or associated with a single-family residence; provided, that it is designed and used only as a facility for access to watercraft.
1. To limit the effects on ecological functions, the number of docks should be limited and new subdivisions should employ shared moorage whenever feasible. Docks on shorelines of the state must comply with policies and regulations of the shoreline master program.
2. Docks shall be located and designed to minimize adverse effects on ecological processes through location where they will interfere with fluvial and limnetic processes including gradient and substrate; recruitment of woody debris; and fish habitat, including those related to anadromous fish such as spawning areas and juvenile salmon migration, feeding, and rearing areas.
3. Docks shall minimize reduction in ambient light level by limiting width to the minimum necessary and shall not exceed four feet in width, except where specific information on use patterns justifies a greater width. Materials that will allow light to pass through the deck may be required including grating on walkways or gangplanks in nearshore areas.
4. Approaches shall utilize piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be designed to avoid interfering with stream processes.
5. Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle currents, sediment movement or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment, and pilings shall be the smallest diameter possible.
6. Docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term.
H. Launch ramps may be permitted for access to the water for the public or for residents of a development or for water-dependent use, subject to the following criteria:
1. Launch ramps shall be located and designed to minimize adverse effects on fluvial and limnetic processes, including stream gradient and substrate, recruitment of woody debris, and fish habitat, including that related to anadromous fish such as spawning areas and juvenile salmon migration, feeding, and rearing areas.
2. Ramps shall be placed and maintained near flush with the bank slope. Preferred ramp designs, in order of priority, are:
a. Open grid designs with minimum coverage of beach substrate;
b. Seasonal ramps that can be removed and stored upland;
c. Structures with segmented pads and flexible connections that leave space for natural beach substrate and can adapt to changes in beach profile.
I. Instream structures such as, but not limited to, high flow bypasses, dams, and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC), shall be permitted only when the multiple public benefits are provided and ecological impacts are fully mitigated. Dams on shorelines of the state shall be regulated in accordance with the shoreline master program. Dams on other streams shall require a special use permit as provided by Chapter 17.09 CMC.
1. Instream facilities locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish.
2. Instream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient.
3. Instream facilities shall provide mitigation of all impacts on aquatic species and habitat.
4. Instream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW.
5. A construction bond for 150 percent of the cost of the structure and all mitigation measures shall be filed prior to construction and a maintenance agreement shall specify responsibility for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.
J. Facilities permitted as shoreline-dependent or shoreline-oriented uses in accordance with the shoreline master program may be located in water bodies and buffers; provided, that only those facilities that are water dependent or water oriented and facilities for necessary access may be located in water bodies and buffers; and provided, that the facility is located, designed, constructed and operated to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible.
K. Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply:
1. Grading is allowed only during the designated dry season, which is typically regarded as May 1st to October 1st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, based on actual weather conditions.
2. Appropriate erosion and sediment control measures shall be used at all times. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, disturbed topsoil shall be redistributed to other areas of the site.
3. 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. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.050 Other fish and wildlife habitat conservation areas.
A. Definition and Buffers. Protection standards for fish and wildlife habitat conservation areas other than streams and lakes are as provided in the table below.
|
Fish and Wildlife Habitat Conservation Area |
Buffer Requirement |
|---|---|
|
Areas with which federally listed threatened or endangered species have a primary association. State priority habitats and areas with which priority species have a primary association. A “primary association” means a critical component(s) of the habitats of a species, which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. |
Buffers shall be based on recommendations provided by the Washington Department of Fish and Wildlife PHS Program; provided, that where no such recommendations are available, the buffer width shall be determined based on published literature concerning the species/habitat(s) in question and/or the opinions and recommendations of a qualified professional with appropriate expertise. |
|
Natural area preserves and natural resource conservation areas. |
Buffers shall be based on recommendations provided by site managers; provided, that the management strategies are considered effective and within the scope of this chapter. |
|
Locally important habitat areas. |
The need for and dimensions of buffers for locally important species or habitats shall be determined on a case-by-case basis, according to the needs of specific species or habitat area of concern. The director shall coordinate with the Washington Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and shall use WDFW PHS management recommendations when available. |
B. Alterations that occur within a locally important habitat area or that may affect a locally important species as defined herein shall be subject to review on a case-by-case basis. The director shall have the authority to require an assessment of the effects of the alteration on species or habitats and may require mitigation to ensure that adverse effects do not occur. This standard is intended to allow for flexibility and responsiveness with regard to locally important species and habitats. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.060 Review and reporting requirements.
Critical area reports for fish and wildlife habitat conservation areas shall be prepared as described in CMC 17.21.082. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.070 Mitigation standards.
A. Activities that adversely affect fish and wildlife habitat conservation areas and/or their buffers should generally be avoided through site design. Unavoidable impacts to designated species or habitats shall be mitigated for following the mitigation sequencing in CMC 17.21.087 and compensated for through habitat creation, restoration, and/or enhancement to achieve no net loss of habitat functions and values in accordance with the purpose and goals of this chapter.
1. Priorities for mitigation location and type are in the following sequential order of preference:
a. On site, in-kind.
b. Off site, in-kind.
c. On site, out-of-kind.
d. Off site, out-of-kind.
2. “On site” means on or adjacent to the project impact site. “In-kind” means the same species or habitat that was impacted.
3. For off-site mitigation to be accepted, the project proponent must demonstrate that greater habitat function and value can be achieved off site than on site.
4. A combination of the four types may be accepted.
B. When compensatory mitigation is required, the applicant shall submit a habitat management and mitigation plan with sufficient information to demonstrate that the proposed activities are logistically feasible, constructible, ecologically sustainable, and likely to succeed. In addition to the information required in CMC 17.21.087, specific information to be provided in the habitat management and mitigation plan shall include, but not be limited to:
1. An inventory of fish and wildlife habitat on and adjacent to the site and discussion of the project’s effects on fish and wildlife habitat.
2. A discussion of any federal, state, or local special management recommendations which have been developed for species or habitats located on and adjacent to the site.
3. A discussion of recommended management practices which will protect fish and wildlife habitat after the project site has been fully developed, including monitoring, adaptive management, and maintenance programs.
C. Required mitigation shall be completed as soon as possible following activities that will disturb fish and wildlife habitat conservation areas and during the appropriate season. Mitigation shall be completed prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and flora.
D. The director shall have authority to require monitoring of mitigation activities and submittal of annual monitoring reports to ensure and document that the goals and objectives of the mitigation are met. The frequency and duration of the monitoring shall be based on the specific needs of the project as determined by the mitigation plan. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]
17.25.080 Development standards.
A. Development standards for adjacent development shall minimize adverse effects on the fish and wildlife habitat conservation areas, including water bodies, and shall include:
1. Subdivision of land shall ensure that each lot has sufficient building area outside conservation areas and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least 20 feet between the buffer area and buildings.
2. Fencing shall be provided at the perimeter of residential development when exclusion from the critical areas is recommended.
3. Activities that generate noise shall be located as far from the conservation areas and buffers as feasible. Roads, driveways, parking lots, loading areas, mechanical or ventilating equipment shall be located on sides of buildings away from the conservation areas, or separated by noise attenuating walls.
4. Light penetration into buffer areas and the water body shall be limited by locating areas requiring exterior lighting away from the conservation areas boundary or limiting light mounting heights to a maximum of four feet. Windows that will be lit at night should be minimized on the side of buildings facing conservation areas and buffers or screened as provided in subsection (C) of this section.
B. Management of surface runoff from adjacent land shall minimize adverse effects on fish and wildlife habitat conservation areas’ ecological functions and shall include:
1. Low impact development (LID) techniques are encouraged for all new development, redevelopment, and retrofit projects within fish and wildlife habitat areas, where feasible. Acceptable LID practices include, but are not limited to, bioretention, permeable pavement, green roofs, and rainwater harvesting. When implementation of LID techniques is not practicable, alternative storm water management practices that achieve comparable or enhanced outcomes for minimizing runoff impacts on water bodies and riparian buffers shall be permitted.
2. Control of surface water peak flow and duration of flow should be maintained at rates typical of native forest cover.
3. Runoff should be routed to treatment and infiltration systems, to the maximum extent feasible, to provide pollutant removal, groundwater interflow recharge to water bodies, and to limit overland flow and erosion.
4. Surface or piped storm water should be routed to existing conveyances or to other areas, wherever hydraulic gradients allow. Where storm water is routed to water bodies, system design shall ensure that pollutants, erosion, and sedimentation will be controlled and avoided to the maximum extent feasible.
5. To prevent channelized flow from lawns and other landscaped areas from entering the buffer, and to prevent washing of fertilizers, herbicides and pesticides into the buffer, if slopes adjacent to the buffer exceed 15 percent, a 10-foot-wide swale to intercept runoff or other effective interception facility approved by the director shall be provided at the edge of the buffer.
6. Adopt and apply integrated pest management system including limiting use of fertilizers, herbicides and pesticides within 25 feet of buffers to water bodies.
C. In order to maintain effective buffer conditions and functions, a vegetation management plan shall be required for all buffer areas established to include:
1. Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of 20, planting shall be required consisting of seedlings at a density of 300 stems per acre or the equivalent;
2. Provide a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer, planting shall be required equivalent to two rows of three-foot-high stock of native evergreens at a triangular spacing of 15 feet or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;
3. Provide a plan for control of invasive weeds, and remove existing invasive species;
4. Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots. [Ord. 1122B § 16, 2025; Ord. 849B § 6, 2009.]