A. 
Fish and wildlife habitat conservation areas (HCAs) shall be designated and classified as provided for in the definition section of this chapter. The map and species references indicated are intended to serve only as a guide during development review. In all cases, actual presence or absence for the listed species or habitat shall prevail.
B. 
In addition to the HCAs, additional species and habitats of local importance may be designated by the community development director based on declining populations, sensitivity to habitat manipulation or special value including but not limited to commercial, game or public appeal.
C. 
In order to nominate an area or a species to the category of habitats and species of local importance, an individual or organization must:
1. 
Demonstrate a need for special consideration based on:
a. 
Declining population,
b. 
Sensitivity to habitat manipulation, or
c. 
Commercial or game value or other special value, such as public appeal.
2. 
Propose relevant management strategies considered effective and within the scope of this chapter; and
3. 
Provide species habitat location(s) on a map (scale 1:24,000). Submitted proposals will be reviewed by the community development director and forwarded to the Departments of Fish and Wildlife, Natural Resources, and/or other county and state agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies. A public hearing will be held for proposals found to be complete, accurate, and potentially effective and within the scope of this chapter. Approved nominations will become designated "Habitats/Species of Local Importance" and will be subject to the provisions of this chapter.
D. 
The following species and habitats have been designated on a site-specific basis according to the official Species and Habitats of Local Significance Map:
1. 
Great blue heron nest sites;
2. 
Vaux's swifts communal roosts;
3. 
Pileated woodpecker nest sites;
4. 
Osprey nest sites;
5. 
Townsend big-eared bat communal roosts;
6. 
Cavity nesting ducks breeding areas;
7. 
Trumpeter swan concentrations;
8. 
Harlequin duck breeding areas;
9. 
Waterfowl concentrations;
10. 
Special management areas.
(Ord. 1853 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A. 
A site visit shall be conducted to determine whether HCAs identified on a critical area checklist or on available map resources or whether HCAa not previously identified are present within 300 feet of the project or activity site.
B. 
Habitat conservation areas are designated by definition in this title and are referenced as follows:
1. 
An area with which anadromous fish, endangered, threatened or sensitive species have a primary association and/or their habitat such as those designated and mapped by the Washington State Department of Fish and Wildlife, Priority Habitats and Species Program;
2. 
A water of the state as defined under WAC 222-16-030;
3. 
A Critical Biological Area as designated and mapped by the Department of Ecology Coastal Zone Atlas dated June 1978 and/or the maps;
4. 
Designated species and habitats of local importance, including but not limited to the Gages Slough, Burlington Hill, and Skagit River Corridor special management areas;
5. 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
6. 
Lakes, ponds, streams, and rivers planted with game fish by a government or tribal entity;
7. 
Areas with which anadromous fish species have a primary association; and
8. 
State Natural Area Preserves and Natural Resource Conservation Areas.
C. 
If the director determines through the site visit described in subsection (A) of this section that a fish and wildlife habitat conservation area (HCA) may be present within 300 feet of the proposed project or activity area, then a site assessment/habitat management plan shall be required as part of the complete application.
(Ord. 1853 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
Site assessment/habitat management plans shall be prepared by a qualified fish and wildlife biologist with experience assessing the relevant species and habitats and include, at a minimum, the following requirements:
A. 
Site plan prepared in accordance with the permit requirements indicating all fish and wildlife habitat conservation areas falling within 300 feet of the subject property. This site plan may be prepared by the applicant subject to review by the qualified fish and wildlife biologist;
B. 
Project narrative describing the proposal including, but not limited to, associated grading and filling, structures, utilities, adjacent land uses, description of vegetation both within and adjacent to the habitat conservation area, and when deemed necessary by the administrative officer, surface and subsurface hydrologic analysis;
C. 
Impact analysis identifying and documenting the presence of all habitat conservation areas and discussing the project's effects on the fish and wildlife habitat conservation areas;
D. 
Regulatory analysis including a discussion of any federal, state, tribal, and/or local requirements or special management recommendations which have been developed for species and/or habitats located on the site;
E. 
Mitigation report including a discussion of proposed measures of mitigating adverse impacts of the project and an evaluation of their potential effectiveness. Measures may include but are not limited to: establishment of buffer zones, preservation of critically important plants, and trees, limitation of access to habitat area, seasonal restrictions of construction activities, establishment of a timetable for periodic review of the plan and/or establishment of performance or maintenance bonds;
F. 
Management and maintenance practices including a discussion of ongoing maintenance practices that will assure protection of all fish and wildlife habitat conservation areas on site after the project has been completed. This section should include a discussion of proposed monitoring criteria, methods and schedule;
G. 
Approval of any activity that can adversely affect fish and wildlife habitat conservation areas shall conform to the requirements set forth in this title.
(Ord. 1853 § 2 (Exh. B), 2018)
Fish and wildlife habitat conservation areas shall be protected in accordance with local determination of appropriate conditions considering the site-specific recommendations from agencies with jurisdictions over the specific area, which may include but not be limited to the Washington State Department of Fish and Wildlife (WDFW), Department of Ecology, federally recognized Indian tribes located within Skagit County, WDFW Management Recommendations for Washington Priority Habitats and Species, and site-specific information supplied by the applicant.
Development proposals shall be reviewed for potential impacts to fish and wildlife habitat conservation areas. The determination of potential impacts shall be dictated by site conditions and be made in consultation with the Washington State Departments of Ecology, Fish and Wildlife and Natural Resources and federally recognized Indian tribes located in Skagit County. If it is determined that a proposed project may have an adverse effect on a fish and wildlife habitat conservation area, the applicant shall implement a habitat management plan including mitigation measures in conformity with the performance standards outlined below.
A. 
Riparian Performance Standards. Riparian buffer areas shall be established from the ordinary high water mark. The intent of riparian buffers is to protect five basic riparian forest functions that influence in-stream and near-stream habitat quality. These are:
1. 
Recruitment of large woody debris (LWD) to the stream: LWD recruitment creates habitat structures necessary to maintain salmon/trout productive capacity and species diversity.
2. 
Shade. Shading by the forest canopy maintains cooler water temperatures and influences the availability of oxygen for salmon/trout.
3. 
Bank Integrity (Root Reinforcement). Bank integrity helps maintain habitat quality and water quality by reducing bank erosion and creating habitat structure and instream hiding cover for salmon and trout.
4. 
Runoff Filtration. Filtration of nutrients and sediments in runoff (surface and shallow subsurface flows) helps maintain water quality.
5. 
Wildlife Habitat. Functional wildlife habitat for riparian-dependent species is based on sufficient amounts of riparian vegetation to provide protection for nesting and feeding.
B. 
Standard Riparian Buffers. Appropriate management zones or buffers shall be applied to all stream types. Management zone boundaries and required buffer widths shall be established using the following: Washington State Department of Fish and Wildlife guidelines: (Rentz, R., A. Windrope, K. Folkerts, and J. Azerrad. 2020. Riparian Ecosystems, Volume 2: Management Recommendations. Habitat Program, Washington Department of Fish and Wildlife, Olympia.) (Note: Riparian areas do not extend beyond the toe of the slope on the landward side of existing dikes or levees unless specifically exempt from federal vegetation management requirements.)
Once buffers are established, they shall not be altered except as allowed below. Riparian buffers not currently meeting the minimum standards shall be restored; provided, that such restoration does not conflict with other provisions of this chapter. In implementing buffer widths other than the standard riparian buffers identified above, the director shall provide opportunity for review and comment from appropriate federal, state or tribal natural resource agencies to ensure the use of best available science. These comments shall be included in the public record along with the basis and rationale for requirement or approval of any such nonstandard buffers.
1. 
Increasing Buffer Widths. The city may increase the standard buffer widths on a case-by-case basis, or to establish nonriparian buffer widths, when such buffers are necessary to protect priority fish or wildlife (e.g., great blue heron nesting colonies, osprey or cavity nesting ducks) using the HCA. This determination shall be supported by appropriate documentation from the Departments of Ecology and Fish and Wildlife, showing that the increased buffer width is reasonably related to the protection of the fish and/or wildlife using the HCA.
2. 
Decreasing Buffer Widths. Decreasing standard buffers will be allowed only if the applicant demonstrates that all of the following criteria are met:
a. 
A decrease is necessary to accomplish the purposes of the proposal and no reasonable alternative is available; and
b. 
Decreasing width will not adversely affect the fish and wildlife habitat functions and values; and
c. 
If a portion of a buffer is to be reduced, the remaining buffer area will be enhanced, using native vegetation, artificial habitat features, vegetative screening and/or barrier fencing as appropriate to improve the functional attributes of the buffer and to provide equivalent or better protection for fish and wildlife habitat functions and values; and
d. 
The buffer width shall not be reduced below 25 percent of the standard buffer width unless no other feasible options exist and that no net loss of HCA riparian functional values will result, based on a functional assessment provided by the applicant utilizing a methodology approved by the city.
C. 
Allowed Uses in HCAs or Buffers.
1. 
Docks. Docks designed to facilitate low-impact uses, such as education and/or private, noncommercial recreation may be permitted within fish and wildlife HCAs under the following conditions:
a. 
The activity will have minimum adverse impact to the fish and wildlife habitat conservation area;
b. 
The activity will not significantly degrade surface water or ground water;
c. 
The intrusion into the fish and wildlife habitat conservation area and its buffers is fully mitigated; and
d. 
An opportunity for review and comment by federal, state and tribal natural resource agencies shall be provided.
2. 
Limited park or recreational access to a fish and wildlife habitat area or its required buffer; provided, that all of the following are satisfied:
a. 
The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function;
b. 
The access is limited to the minimum necessary to accomplish the recreational function;
c. 
The access and the balance of the development is consistent with other requirements of the Burlington Municipal Code and the Burlington shoreline master program; and
d. 
The proponent obtains a written approval from the city council for the limited access and associated mitigation.
3. 
Low impact uses and activities which are consistent with the purpose and function of the habitat buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the habitat involved; provided, that such activity shall not result in a decrease in riparian functional values and shall not prevent or inhibit the buffer's recovery to at least prealtered condition or function. Examples of uses and activities which may be permitted in appropriate cases, as long as the activity does not retard the overall recovery of the buffer, include removal of noxious vegetation, pedestrian trails, viewing platforms, and stormwater dispersion outfalls and bioswales.
4. 
In the riparian buffer, removal of hazard trees that pose a threat to life, property, or public safety as determined by a certified arborist may be permitted with prior written approval. Any removed tree or vegetation shall be replaced with appropriate species. In undeveloped buffer area downed trees and snags should be retained to improve habitat conditions. Replacement shall be performed consistent with accepted restoration standards for riparian areas within one calendar year. The community development director may approve alternative tree species to promote fish and wildlife habitat.
Prior to commencement of tree or vegetation removal and/or replacement, the landowner must obtain written approval from the director.
D. 
Bald eagle habitats shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292); a cooperative habitat management plan shall be developed in coordination with the Department of Fish and Wildlife whenever activities that alter habitat are proposed near a verified nest territory or communal roost.
E. 
Wetlands that are identified as a fish and wildlife habitat conservation area shall be protected according to the provisions in this title, referencing increasing buffer widths. If the wetland buffer widths, standard buffer widths conflict with this section, the buffer widths providing the greatest protection shall apply.
F. 
All other fish and wildlife habitat conservation area, including habitats/species of local significance, shall be protected on a case-by-case basis by means of a habitat management plan based on the PHS program, initial project review and site assessment/habitat management plan.
G. 
Approval of any activity that can adversely affect fish and wildlife habitat conservation areas shall conform to the requirements set forth in this title.
(Ord. 1853 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)