Chapter 19.300
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
19.300.305 Purpose.
19.300.310 Fish and wildlife habitat conservation area categories.
19.300.315 Development standards.
19.300.305 Purpose.
This chapter applies to all regulated uses included in this title, or uses within the largest potential buffer of areas designated as fish and wildlife habitat conservation areas, as categorized in Section 19.300.310, below. The purpose of this chapter is to identify regulated fish and wildlife habitat conservation areas and establish habitat protection procedures and mitigation measures that are designed to achieve no net loss of fish and wildlife species and habitats due to new development or regulated activities. It is further stated that the intent of this chapter is 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; and
C. Encourage non-regulatory methods of habitat retention whenever practical, through mechanisms such as education and the open space tax program.
(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 those areas that support regulated fish or wildlife species or habitats, typically identified by known point locations of specific species (such as a nest or den) or by habitat areas or both.
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 S, 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, Table 19.300.310 (See also Chapter 19.800, Appendix “B”).
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Water Type |
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Current DNR Water Typing |
Previous DNR Water Typing |
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Type S |
Type 1 |
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Type F |
Type 2 and 3 |
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Type Np |
Type 4 |
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Type Ns |
Type 5 |
2. Shorelines.
a. Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area. Those saltwater shorelines and lakes defined as shorelines of the state in the Shoreline Management Act of 1971 and the Kitsap County Shoreline Management Master Program, as now or hereafter amended. Shorelines include Type S waters as set forth in WAC 222-16-030 (DNR Water Typing System) as now or hereafter amended; commercial and recreational shellfish areas; kelp and eelgrass beds; and forage fish spawning areas.
b. Lakes Less Than 20 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.
(1) 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.
(2) Areas targeted for preservation by the federal, state and/or local government which provide fish and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service; or
(3) Areas that contain habitats and species of local importance.
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 its citizens, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(Ord. 351 (2005) § 28, 2005)
19.300.315 Development standards.
A designated fish and wildlife habitat conservation area with its buffer is subject to the regulatory provisions of this chapter. Those regulated uses identified below within designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this chapter.
A. Buffers and Building Setbacks.
1. Buffers. Buffers or setbacks 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.
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Streams |
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Water Type |
Buffer Width |
Minimum Building Setback |
Other Development Standards |
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S |
200 feet |
15 feet beyond buffer |
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. |
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F |
150 feet |
15 feet beyond buffer |
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Np |
50 feet |
15 feet beyond buffer |
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Ns |
50 feet |
15 feet beyond buffer |
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Saltwater Shorelines and Lakes |
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Shoreline Designation1 |
Buffer Width |
Minimum Building Setback |
Other Development Standards |
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Urban |
50 feet |
15 feet beyond buffer |
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. |
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Semi-Rural and Rural shorelines and Lakes less than 20 acres |
100 feet |
15 feet beyond buffer |
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Conservancy |
50 feet |
15 feet beyond buffer |
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Natural |
100 feet |
15 feet beyond buffer |
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Wildlife Habitat Conservation Areas |
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Class I |
Buffer widths and setbacks will be determined through a mandatory Habitat Management Plan (HMP) |
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Class II |
Site-specific conditions will determine the need for the preparation of a HMP |
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1. As defined in Title 22 of this code, the Shoreline Management Master Program.
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), Section 19.100.125 (Exemptions), Section 19.100.130 (Standards for Existing Development) or Section 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. Buffer Widths and Setbacks for Shorelines. The building setback or buffer width for new development shall be based on the Kitsap County Shoreline Management Master Program environment designation, or as required by Chapter 17.450, (View Blockage Requirements), as now or hereafter amended, whichever is greater. (Note: Setbacks for Conservancy-Public Lands to be determined by the Kitsap County Shoreline Management Master Program.)
4. Provision for Decreasing Buffer. In lieu of going through the formal variance process, an administrative reduction to buffer widths, except for urban, conservancy and natural shorelines, may be granted subject to the requirements of this section. Where an applicant demonstrates pursuant to the variance criteria that buffer widths cannot be met, a habitat management plan (HMP) will be required that shall meet the requirements as described in Chapter 19.700 (Special Reports). The department may decrease the buffer if, after consultation with the Washington State Department of Fish and Wildlife, and review of the HMP, the department determines that conditions are sufficient to protect the affected fish and wildlife habitat conservation area. The department may reduce the buffer width by up to fifty percent for construction of a single-family dwelling or up to twenty-five percent for all other development, but the buffer shall not be less than twenty-five feet. Administrative buffer reductions may be allowed for rural, semi-rural shoreline environments and lakes less than 20 acres where a vacant parcel has a common property line with two or more lots which abut the ordinary high water line and which are developed with structures. In these cases, the standard buffer may be reduced to the greater of 50 feet or the average of the standard buffer and setbacks of the structures on the adjacent properties. All other reductions of greater than twenty-five percent for single-family dwellings will be a Type II decision and require notification (see Chapter 19.800, Appendix F). Granting of a reduced buffer shall be the minimum necessary for the permitted use. 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 stormwater where soils permit; and
vi. Retention of native vegetation on other portions of the site in order to offset habitat loss from buffer reduction.
5. 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.
6. 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.
7. Channel Migration Zones. In areas where channel migration zones occur outside of Urban Growth Areas (as of the date of the adoption of this title), the buffer distance shall be measured from the edge of the channel migration zone.
8. Protection of Buffers. Buffer areas shall be protected as required by the department. The buffer shall be identified on a site plan and filed as an attachment to the notice as required by 19.100.150 (Critical Area and Buffer Notice to Title).
9. Building or Impervious Surface Setback Lines. A building or impervious surface setback line of 15 feet 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 and filed as an attachment to the notice as required by 19.100.150 (Critical Area and Buffer Notice to Title).
10. Buffer and Building Setbacks for Water Dependent Activities. The department may allow an administrative alteration to the required buffer and building setback for water dependent activities when no other reasonable or practicable alternative exists and the development is consistent with the Kitsap County Shoreline Management Master Program. Any alteration of a buffer or building setback shall be the minimum necessary and shall require an approved habitat management plan which identifies and adequately protects any affected fish and wildlife habitat conservation area.
B. Class I Wildlife Habitat Conservation Areas Development Standards. All sites with known Class I wildlife habitat conservation areas will require, for all development permits, the submittal and approval of a habitat management plan (HMP) as specified in Chapter 19.700 (Special Reports). In the case of bald eagles, an approved bald eagle management plan by the Washington State Department of Fish and Wildlife (WDFW), meeting the requirements and guidelines of the bald eagle protection rules (WAC 232-12-292), as now or hereafter amended, shall satisfy the requirements for a habitat management plan (HMP). In the case of listed fish species, a HMP shall be required if a buffer reduction is proposed under the provisions of Section 19.300.315(A). An 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 within designated Class II wildlife conservation areas may require the submittal of a habitat management plan (HMP). An 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. The requirement for an HMP shall be determined during the SEPA/critical areas review on the project.
D. Stream Crossings. Any private or public road expansion or construction which is allowed and must cross streams classified within this title, shall comply with the following minimum development standards:
1. Bridges or bottomless culverts shall be required for all Type S or F streams that have salmonid breeding 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.
2. Crossings shall not occur in salmonid spawning areas 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).
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.
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 for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with WDFW hydraulic project approval (HPA):
1. The channel, bank and buffer areas should be replanted with native vegetation that replicates a natural, undisturbed riparian condition; 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. E.P.A. or Washington Department of Ecology for use in fish and wildlife habitat conservation area environments. Where approved, herbicides must be 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 permitted for use 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 non-conforming 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 permit introduction of agriculture to fish and wildlife habitat conservation areas, damage to the area shall be avoided by the installation of fencing located not closer than the outer buffer edge.
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 access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area.
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 portion of the buffer and a minimum of twenty-five feet from the stream edge, except where stream crossings or viewing areas have been approved.
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 unless otherwise approved by the department.
J. Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas 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 (5) and (6), below. 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 when the applicant demonstrates it is necessary to meet state and/or local health code requirements; there are no other practicable alternatives available, and 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.
a. New utility corridors shall be aligned when possible to avoid cutting trees greater than twelve inches in diameter at breast height (four and one-half feet) measured on the uphill side.
b. New utility corridors shall be revegetated with appropriate native vegetation at not less than pre-construction 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.
c. Any additional corridor access for maintenance shall be provided wherever possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width 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.
6. Utility corridor maintenance shall include the following measures to protect the environment of regulated 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, nor use lead-base paints.
b. No pesticides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those herbicides approved by the U.S. E.P.A. and the Washington State Department of Ecology. Where approved, herbicides 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, bluff, and shore may be stabilized when documented naturally occurring earth movement presents an imminent threat to existing structures (defined as requiring a building permit pursuant to Chapter 14.04 of this code, the Kitsap County Building and Fire Code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish and wildlife habitat, flood control and improved water quality.
1. Bluff, bank and shoreline stabilization shall also be subject to the standards of Title 22 of the Kitsap County Code (Shoreline Management Master Program), and of Title 15 of the Kitsap County Code (Flood Hazard Areas). Documentation of earth movement and/or stability is 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 may be required over other types of shoreline protection. Techniques include, but are not limited to beach nourishment, coarse beach fill, gravel berms, vegetation plantings, and placement of large, woody debris (logs and stumps). Special consideration shall be given to protecting the functions of feeder bluffs.
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 shorelines. Bank stabilization projects may also require a Kitsap County site development activity permit per Title 12 of this code (Stormwater Management) and a Hydraulic Project Approval (HPA) from the 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 Title 12 (Stormwater Management) and Title 22 (Shoreline Management) of the Kitsap County Code, 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.; and
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 stormwater impacts; and
4. Construction time limits shall be determined in consultation with WDFW in order to ensure habitat protection.
(Ord. 376 (2007) § 5, 2007: Ord. 351 (2005) § 32, 2005)