Chapter 19.300
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
19.300.310 Fish and wildlife habitat conservation area categories.
19.300.315 Development standards.
19.300.305 Purpose.
This chapter applies to all uses within or adjacent to fish and wildlife habitat conservation areas, defined in Section 19.150.315 except those identified as exempt in Section 19.100.125. The intent of this chapter is to identify fish and wildlife habitat conservation areas and establish habitat protection procedures and mitigation measures designed to achieve no net loss of critical area functions and values and to maintain viable fish and wildlife populations and habitat over the long term. Further, it is also the intent of this chapter to:
A. Preserve natural flood control, storm water storage, and drainage or stream flow patterns;
B. Prevent turbidity and pollution, control siltation, protect nutrient reserves, and maintain water flows and quality for anadromous and resident fish, marine shellfish and forage fish;
C. Encourage nonregulatory methods of habitat retention whenever practical, through mechanisms such as education and the open space tax program; and
D. Avoid or minimize human and wildlife conflicts through planning and implementation of wildlife corridors where feasible.
(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 27, 2005 Ord. 217 (1998) § 3 (part), 1998)
19.300.310 Fish and wildlife habitat conservation area categories.
A. General. Fish and wildlife habitat conservation areas are typically identified by known locations of specific species (such as a nest or den) or by habitat areas or both and may occur on both public and private lands.
B. Classification and Designation. The following categories shall be used in classifying and designating fish and wildlife habitat conservation areas:
1. Streams. All streams which meet the criteria for Type F, Np or Ns waters as set forth in WAC 222-16-030 of the Washington Department of Natural Resources (DNR) Water Typing System, as now or hereafter amended, and Table 19.300.310 (see also Chapter 19.800, Appendix B). Type S waters are regulated through the shoreline master program (Title 22). The DNR stream maps should not be the only source for identifying regulated areas or establishing buffers. Other modeled or field-verified stream type maps should also be used, and stream conditions, identification of flow alterations, and location of fish passage barriers shall be identified through a site-specific field visit. Field verification of all intermittent or non-fish-bearing streams should occur during the wet-season months of October to March if feasible, or as determined by the department.
|
Water Type |
|
|---|---|
|
Current DNR Water Typing |
Previous DNR Water Typing |
|
Type S |
Type 1 |
|
Type F |
Type 2 and 3 |
|
Type Np |
Type 4 |
|
Type Ns |
Type 5 |
2. Lakes Less Than Twenty Acres in Surface Area. Those lakes which meet the criteria for Type F, Np, and Ns waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less than twenty acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or tribal authority.
3. Wildlife Habitat Conservation Areas.
a. Class I Wildlife Habitat Conservation Areas.
i. Habitats recognized by federal or state agencies for federal and/or state-listed endangered, threatened and sensitive species documented in maps or databases available to Kitsap County, including but not limited to the database on priority habitats and species provided by the Washington Department of Fish and Wildlife;
ii. Areas targeted for preservation by the federal, state and/or local government which provide fish and wildlife habitat benefits, including but not limited to important waterfowl areas identified by the U.S. Fish and Wildlife Service and WDFW wildlife areas; or
iii. Areas that contain habitats and species of local importance have not been identified at this time, and may be identified at a later date through a public process when information necessitating such identification is made known.
b. Class II Wildlife Habitat Conservation Areas. Habitats for state-listed candidate and monitored species documented in maps or databases available to Kitsap County and which, if altered, may reduce the likelihood that the species will maintain a viable population and reproduce over the long term.
(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 28, 2005)
19.300.315 Development standards.
Activities within a designated fish and wildlife habitat conservation area with its buffer are subject to the regulatory provisions of this chapter and shall comply with the performance standards outlined in this chapter.
A. Buffers and Building Setbacks.
1. Buffers. Buffers shall remain undisturbed natural vegetation areas except where the buffer can be enhanced to improve its functional attributes. Buffers shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed in Table 19.300.315. Refuse shall not be placed in buffers.
|
Streams |
|||
|
Water Type |
Buffer Width |
Minimum Building Setback |
Other Development Standards |
|
S |
See Title 22 (SMP) |
See Title 22 (SMP) |
Where applicable, refer to the development standards in Chapters 19.200 (Wetlands) and 19.400 (Geologically Hazardous Areas). Where such features occur on site, the more restrictive buffer or building setback shall apply. |
|
F |
150 feet |
15 feet beyond buffer |
|
|
Np |
50 feet |
15 feet beyond buffer |
|
|
Ns |
50 feet |
15 feet beyond buffer |
|
|
Lakes less than 20 acres |
100 feet |
15 feet beyond buffer |
|
|
Wildlife Habitat Conservation Areas |
|||
|
Class I |
Buffer widths and setbacks will be determined through a mandatory habitat management plan (HMP). In the case of bald eagles, a HMP will not be required, but additional state and federal permits and/or timing considerations for construction may be required to ensure compliance with all federal laws, including the federal Bald and Golden Eagle Protection Act (16 USC 668) to avoid impacting eagles and their habitat. |
||
|
Class II |
Site-specific conditions will determine the need for the preparation of a HMP. |
||
2. Buffer Measurement. Distances shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. Buffers shall be retained in their natural condition. It is acceptable, however, to enhance the buffer by planting indigenous vegetation, as approved by the department. Alteration of buffer areas and building setbacks may be allowed for development authorized by Section 19.100.140 (Reasonable use exception), 19.100.125 (Exemptions), 19.100.130 (Standards for existing development) or 19.100.135 (Variances). The buffer width shall be increased to include streamside wetlands, which provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the ordinary high water mark or top of bank shall include the entire stream feature.
3. Provision for Decreasing Buffer.
a. The department may grant an administrative reduction to buffer widths when the following are met:
i. The applicant demonstrates that buffer widths cannot be met, according to the variance criteria in Section 19.100.135;
ii. The applicant submits a habitat management plan (HMP) that meets the requirements as described in Chapter 19.700 (Special Reports);
iii. The HMP is reviewed and consultation with the Washington State Department of Fish and Wildlife determines that a reduction is the minimum necessary for the permitted use; and
iv. The conditions are sufficient to assure no net loss of ecological functions of the affected fish and wildlife habitat conservation area.
b. The department may reduce the buffer width by up to twenty-five percent in a Type I decision under Chapter 21.04. Reductions of greater than twenty-five percent but less than fifty percent for single-family dwellings will be a Type II decision and require notification (see Chapter 19.800, Appendix F). Buffer reductions for single-family residences greater than fifty percent, and reductions greater than twenty-five percent for all other uses shall be pursuant to a variance under Section 19.100.135. When applicable, the order of sequence for buffer reductions shall be as follows:
i. Use of buffer averaging, maintaining one hundred percent of the buffer area under the standard buffer requirement;
ii. Reduction of the overall buffer area by no more than twenty-five percent of the area required under the standard buffer requirement;
iii. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area;
iv. Use of alternative on-site wastewater systems in order to minimize site clearing;
v. Infiltration of storm water where soils permit; and
vi. Retention of native vegetation on other portions of the site in order to offset habitat loss from buffer reduction.
4. Provision for Increasing Buffer. The department may increase the buffer width whenever a development proposal has known locations of endangered or threatened species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species, or when the buffer is located within a landslide or erosion hazard area.
5. Buffers for Streams in Ravines. For streams in ravines with ravine sides ten feet or greater in height, the buffer width shall be the minimum buffer required for the stream type, or a buffer width that extends twenty-five feet beyond the top of the slope, whichever is greater. Building setbacks for geologically hazardous areas may still apply (Chapter 19.400), if determined necessary.
6. Channel Migration Zones. In areas where channel migration zones can be identified the buffer distance shall be measured from the edge of the channel migration zone.). Building setbacks for geologically hazardous areas may also apply (Chapter 19.400), if determined necessary.
7. Protection of Buffers. Buffer areas shall be protected as required by the department. The buffer shall be identified on a site plan and on site as required by the department and this chapter.
8. Building or Impervious Surface Setback Lines. A building or impervious surface setback line of fifteen feet, or as determined by a HMP, is required from the edge of any fish and wildlife habitat conservation area buffer. Minor structural or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the fish and wildlife habitat conservation area. The setback shall be identified on a site plan.
B. Class I Wildlife Habitat Conservation Areas Development Standards. All development permits within known Class I wildlife habitat conservation areas will require the submittal and approval of a habitat management plan (HMP) as specified in Chapter 19.700 (Special Reports). In the case of bald eagles, a HMP will not be required, but additional state and federal permits and/or timing considerations for construction may be required to ensure compliance with all federal laws, including the Federal Bald and Golden Eagle Protection Act (16 USC 668) to avoid impacting eagles and their habitat. In the case of listed fish species, a HMP shall be required only if a buffer reduction is proposed under the provisions of Section 19.300.315(A). The HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation.
C. Class II Wildlife Habitat Conservation Area Development Standards. All development permits within known Class II wildlife conservation areas may require the submittal of a habitat management plan (HMP), as determined during the SEPA/critical areas review on the project. The HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation.
D. Stream Crossings. Any private or public road expansion or construction proposed to cross streams classified within this title, shall comply with the following minimum development standards. All other state and local regulations regarding water crossing structures will apply, and the use of the Water Crossing Design Guidelines (WDFW, 2013) or as amended, is encouraged.
1. Crossings shall not occur in salmonid streams unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be relocated as determined by the Washington State Department of Fish and Wildlife (WDFW).
2. Bridges or bottomless culverts shall be required for all Type F streams that have salmonid habitat. Other alternatives may be allowed upon submittal of a habitat management plan that demonstrates that other alternatives would not result in significant impacts to the fish and wildlife conservation area, as determined appropriate through the Washington State Department of Fish and Wildlife (WDFW) hydraulic project approval (HPA) process. The plan must demonstrate that salmon habitat will be replaced on a 1:1 ratio.
3. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists or to provide mid-span footings for the purpose of increased floodplain connectivity.
4. Crossings shall not diminish flood carrying capacity.
5. Crossings shall serve multiple properties whenever possible.
6. Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity.
E. Stream Relocations. Stream relocations shall not be permitted unless for the purpose of flood protection and/or fisheries restoration and only when consistent with the WDFW hydraulic project approval (HPA) process and the following minimum performance standards:
1. The channel, bank and buffer areas shall be replanted and maintained with native vegetation that replicates a natural, undisturbed riparian condition, when required by a habitat management plan; and
2. For those shorelands and waters designated as frequently flooded areas pursuant to Chapter 19.500, a professional engineer licensed in the state of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained.
3. Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated.
F. Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their buffers, except those approved by the U.S. EPA or Washington Department of Ecology for use in fish and wildlife habitat conservation area environments and applied by a licensed applicator in accordance with the safe application practices on the label.
G. Land Divisions and Land Use Permits. All proposed divisions of land and land uses (subdivisions, short subdivisions, short plats, long and large lot plats, performance-based developments, conditional use permits, site plan reviews, binding site plans) that include fish and wildlife habitat conservation areas shall comply with the following procedures and development standards:
1. The open water area of lakes, streams, and tidal lands shall not be used in calculating minimum lot area.
2. Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts, or as an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.
3. In order to avoid the creation of nonconforming lots, each new lot shall contain at least one building site that meets the requirements of this title, including buffer requirements for habitat conservation areas. This site shall also have access and a sewage disposal system location that are suitable for development and does not adversely impact the fish and wildlife conservation area.
4. After preliminary approval and prior to final land division approval, the department may require that the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the buffer.
5. In order to implement the goals and policies of this title; to accommodate innovation, creativity, and design flexibility; and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the performance-based development process is strongly encouraged for projects within designated fish and wildlife habitat conservation areas.
H. Agricultural Restrictions. In all development proposals that would introduce or expand agricultural activities, a net loss of functions and values to the critical area shall be avoided by at least one of the following methods:
1. Locate fencing no closer than the outer buffer edge; or
2. Implement a farm resource conservation and management plan agreed upon by the conservation district and the applicant to protect and enhance the fish and wildlife habitat conservation area.
I. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat conservation areas or their buffers pursuant to the following standards:
1. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas.
2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.
3. Viewing platforms, interpretive centers, benches, and picnic areas, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area. Platforms shall be limited to one hundred square feet in size, unless demonstrated through a habitat management plan that a larger structure will not result in a net loss of habitat and critical functions.
4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer twenty-five percent of the buffer, except where stream crossings or for direct access to viewing areas have been approved by the department.
5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials except where determined infeasible.
6. Regional or public trails and trail-related facilities as identified in the 2013 Kitsap County Non-Motorized Facility Plan (and associated recognized community trails) and as amended, and provided design considerations are made to minimize impacts to critical areas and buffers shall not be subject to the platform, trail width, or trail material limitations above. Such trails and facilities shall be approved through special use review (Section 19.100.145), unless any underlying permit requires a public hearing.
J. Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas and buffers may be allowed pursuant to the following standards:
1. The normal and routine utility maintenance or repair authorized in Section 19.100.125 shall be allowed within designated fish and wildlife habitat conservation areas, subject to best management practices.
2. Construction of utilities may be permitted in fish and wildlife habitat conservation areas or their buffers, only when no practicable or reasonable alternative location is available. Utility construction shall adhere to the development standards set forth in subsections (J)(5) and (6) of this section. As required, special reports (Chapter 19.700) shall be reviewed and approved by the department.
3. Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas or their buffers only when: (a) the applicant demonstrates that the location is necessary to meet state or local health code requirements; (b) there are no other practicable alternatives available, and (c) construction meets the requirement of this chapter. Joint use of the sewer utility corridor by other utilities may be allowed.
4. New utility corridors shall not be allowed in Class I or II fish and wildlife habitat conservation areas (Section 19.300.310(B) and (C)) except in those circumstances where an approved HMP indicates that the utility corridor will not significantly impact the conservation area.
5. Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat conservation areas and their buffers by utilizing the following methods:
a. New utility corridors shall be aligned to avoid cutting trees greater than twelve inches in diameter at breast height (four and one-half feet) measured on the uphill side, unless no reasonable alternative location is available.
b. In order of preference, new utility corridors shall be located:
i. On an existing road;
ii. On an existing bridge;
iii. Placed deep enough under the culvert to allow for future culvert replacement and to avoid grade barriers.
c. New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction, or as soon thereafter as possible due to seasonal growing constraints. The utility entity shall ensure that such vegetation survives.
d. Any additional corridor access for maintenance shall be provided at specific points rather than by parallel roads, unless no reasonable alternative is available. If parallel roads are necessary, they shall be the minimum width necessary for access, but no greater than fifteen feet; and shall be contiguous to the location of the utility corridor on the side away from the conservation area. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.
6. Utility corridor maintenance shall include the following measures to protect the environment of fish and wildlife habitat conservation areas:
a. Utility towers shall be painted with brush, pad or roller and shall not be sandblasted or spray painted, unless appropriate containment measures are used. Lead-based paints shall not be used.
b. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Where approved, they must be applied by a licensed applicator in accordance with the safe application practices on the label.
K. Bank Stabilization. A stream channel and bank, or shoreline, may be stabilized when documented naturally occurring earth movement presents an imminent threat to existing primary structures (defined as requiring a building permit pursuant to Chapter 14.04, the Kitsap County Building and Fire Code), to public improvements, to unique natural resources, to public health, safety or welfare, to the only feasible access to property, or, in the case of streams, when such stabilization results in the maintenance of fish and wildlife habitat, flood control for the protection of primary structures and appurtenances, or improved water quality.
1. Channel, bank and shoreline stabilization may also be subject to the standards of Titles 15 (Flood Hazard Areas) and 22 (Shoreline Master Program). Documentation of earth movement and/or stability shall be provided through Section 19.700.725 (special reports), geological and geotechnical report requirements.
2. Where bank stabilization is determined to be necessary, soft-shore protective techniques shall be evaluated and may be required over other types of bank protection. Techniques include, but are not limited to, gravel berms, vegetation plantings, and placement of large, woody debris (logs and stumps). Special consideration shall be given to protecting the functions of channel migration zones.
3. Bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated through a geotechnical report (see Section 19.700.725) that an existing residential structure cannot be safely maintained without such measures, and that the resulting retaining wall is the minimum length necessary to provide a stable building area for the subject structure. A variance pursuant to Section 19.100.135 must be obtained in all other cases.
4. The department may require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of rivers and streams. Bank stabilization projects may also require a Kitsap County site development activity permit under Title 12 (Storm Water Drainage) or a hydraulic project approval (HPA) from WDFW.
L. Fencing and Signs. Prior to approval or issuance of permits for land divisions and new development, the department may require that the common boundary between a required buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the buffer.
M. Forest Practice, Class IV General and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this title, and with Titles 12 (Storm Water Drainage) and 22 (Shoreline Master Plan), including the maintenance of buffers, where required.
N. Road/Street Repair and Construction. When no other reasonable or practicable alternative exists, road or street expansion or construction is allowed in fish and wildlife habitat conservation areas or their buffers, subject to the following minimum development standards:
1. The road or street shall serve multiple properties whenever possible;
2. Public and private roads should provide for other purposes, such as utility corridor crossings, pedestrian or bicycle easements, viewing points, etc.;
3. The road or street construction is the minimum necessary, as required by the department, and shall comply with the department’s guidelines to provide public safety and mitigated storm water impacts;
4. Construction time limits shall be determined in consultation with WDFW in order to ensure habitat protection; and
5. Mitigation shall be performed in accordance with specific project mitigation requirements.
(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 376 (2007) § 5, 2007: Ord. 351 (2005) § 32, 2005)