Fish and wildlife habitat conservation areas include:
A. 
Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association. The Washington Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and the National Marine Fisheries Service should be consulted for current listing status;
B. 
State priority habitats and areas associated with state priority species, as identified by the Washington Department of Fish and Wildlife. State priority habitats include stream and adjacent riparian areas and urban natural open space;
C. 
Habitats of local importance, including the city's urban forest and watershed zones, as defined in Chapter 18.80 RMC, and areas associated with species of local importance, including western bluebird (Sialia mexicana), great blue heron (Ardea herodias), osprey (Pandion haliaetus), mountain whitefish (Prosopium williamsoni), common merganser (Mergus merganser), cougar (Puma concolor) and black bear (Ursus americanus) and others as may be identified by the city in accordance with RMC § 18.90.220;
D. 
Lakes or ponds that provide fish or wildlife habitat, except artificial ponds created for a nonwildlife purpose such as storm water detention facilities, wastewater treatment facilities, farm ponds, and temporary construction ponds; and
E. 
Areas of rare plant species or high quality ecosystems identified by the Washington State Department of Natural Resources through the Natural Heritage Program under Chapter 79.70 RCW.
(Ord. 1059 § 2 (Exh. A (12.90.210)), 2010; Ord. 1060 §§ 5, 6, 2010)
A. 
Habitats and species of local importance are those identified for protection by the city. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term in this vicinity.
B. 
The city shall accept and consider nominations for habitat areas and species to be designated as locally important on an annual basis. Habitats and species may be nominated for designation by any person in a format prescribed or approved by the city.
C. 
Habitats and species to be designated shall exhibit at least one of the criteria in subsections (C)(1) through (3) of this section and shall meet criteria in subsections (C)(4) through (6) of this section.
1. 
Local populations of native species are vulnerable or declining or are likely to become threatened or endangered based on existing or predictable threats;
2. 
The species or habitat has recreational, commercial, game, tribal, or other special value;
3. 
Long-term persistence of a species within the urban growth area of Roslyn is dependent on the protection, maintenance and/or restoration of the nominated habitat;
4. 
Protection by county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the city;
5. 
Without protection, there is likelihood that the species or habitat will decline over the long term; and
6. 
Nominated areas must represent high-quality native habitat or habitat that either has a high potential to recover to a suitable condition and is of limited availability or provides landscape connectivity contributing to conservation of the designated species or habitat.
D. 
A petition in a format prescribed or approved by the city to nominate an area or a species to this category shall contain all of the following, using best available science:
1. 
A statement demonstrating that nomination criteria are met;
2. 
A proposal for whether specific habitat features should be protected (for example, nest sites, breeding areas, and nurseries), or whether the habitat or ecosystem is being nominated in its entirety;
3. 
Proposed management strategies for the species or habitats. Where restoration of habitat is proposed, a conceptual plan for restoration must be provided as part of the nomination;
4. 
Signatures of all petitioners.
E. 
The planning official shall determine whether the nomination proposal is complete and, if complete, shall evaluate it according to the characteristics enumerated in subsection (C) of this section and make a recommendation to the planning and historic preservation commission based on those findings.
F. 
The planning and historic preservation commission shall hold a public hearing for proposals found to be complete and make a recommendation to the city council based on the characteristics enumerated in subsection (C) of this section.
G. 
Following the recommendation of the planning and historic preservation commission, the city council shall hold an additional public hearing and shall determine by ordinance whether the designation criteria in this section have been met. Designation of a habitat or species of local importance shall be by ordinance.
H. 
Approved nominations shall be specified in RMC § 18.90.210 and shall be subject to the provisions of critical area regulations in this chapter.
(Ord. 1059 § 2 (Exh. A (12.90.220)), 2010; Ord. 1060 §§ 5, 6, 2010)
The following, in addition to critical area maps available through the city, may be used as a guide for locating fish and wildlife habitat conservation areas. These sources are to be used as references for the city, applicants and property owners, but may be superseded by new data:
A. 
Washington Department of Fish and Wildlife priority habitat and species maps;
B. 
Maps developed for Water Resources Inventory Area 39 (Upper Yakima River) by the Yakima Subbasin fish and wildlife planning board, including the distribution of salmon species; and
C. 
Washington State Department of Natural Resources Natural Heritage Program maps and mapping data.
(Ord. 1059 § 2 (Exh. A (12.90.230)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1192 § 1 (Exh. A), 2022)
A. 
Standard Buffer Widths. Streams shall be protected with vegetated buffers, which also provide riparian wildlife habitat. These buffers shall have the following standard widths, measured perpendicular from the ordinary high water mark of the water body:
1. 
Crystal Creek and its tributaries: 100 feet;
2. 
All streams in the urban forest and watershed zones, including seasonal streams: 300 feet; and
3. 
All other streams: 50 feet.
B. 
Reductions for Lower Impact Land Uses. Except in the urban forest and watershed zones, standard buffer widths may be reduced up to 15 percent in conjunction with the approval of measures that will result in no net loss or a net gain in ecological function. This may include measures to minimize the impacts of the land use adjacent to the water body such as infiltration of stormwater, retention of native vegetation and soils, direction of noise and light away from the water body, and other measures that may be suggested by a qualified professional. The development of these measures and their review by the city, which may include referral to independent qualified professionals, shall be at the applicant's expense. If proposed future land uses are more intense, they are not eligible to maintain this reduction.
C. 
Reductions for Restoration. Buffer widths may be reduced up to an additional 35 percent if the buffer is restored or enhanced from a preproject condition that is disturbed (e.g., dominated by invasive species), so that functions of the post-project buffer are equal or greater. The restoration plan must meet requirements in RMC § 18.90.100 for a mitigation plan and RMC § 18.90.250 for a critical area report. This reduction may be added to reductions for lower impact land uses.
D. 
Buffer Averaging. The planning official shall have the authority to average buffer widths on a case-by-case basis, where a qualified professional demonstrates to the planning official's satisfaction that all of the following criteria are met:
1. 
The total area contained in the buffer after averaging is no less than that contained within the buffer prior to averaging;
2. 
Decreases in width are generally located where riparian functions may be less sensitive to adjacent land uses, and increases are generally located where riparian functions may be more sensitive to adjacent land uses, to achieve no net loss or a net gain in functions; and
3. 
The averaged buffer, at its narrowest point, shall never be less than 25 feet.
E. 
Signage. Signs shall identify post-project riparian buffers as critical areas or native growth protection areas, in accordance with the provisions of this title.
F. 
Allowed Uses. The following uses may be permitted within a riparian buffer, upon approval by the city, and provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize negative impacts to the buffer and adjacent water body:
1. 
Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
2. 
Passive recreation facilities consistent with an approved critical area report, including:
a. 
Wildlife viewing structures; and
b. 
Walkways and trails, provided pathways minimize adverse impacts on water quality. They should generally be parallel to the perimeter of the water body, located in the outer 25 percent of the riparian buffer area, and avoid removal of significant trees. They must be limited to pervious surfaces no more than four feet in width.
3. 
Stream crossings, if necessary to provide access to property and if impacts are fully mitigated consistent with an approved critical areas report.
4. 
Stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer 25 percent of riparian buffers; provided, that:
a. 
No other location with less impact is feasible; and
b. 
Mitigation for impacts is provided to achieve no net loss or a net gain in functions.
5. 
Streambank Stabilization. Streambank stabilization to protect structures from future channel migration is not permitted except when achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report and all necessary state and federal permits.
6. 
Public Flood Protection Measures. New public flood protection measures and expansion of existing ones may be permitted, subject to the planning official's review and approval of a critical area report and all necessary state and federal permits.
(Ord. 1059 § 2 (Exh. A (12.90.240)), 2010; Ord. 1060 §§ 5, 6, 2010; Ord. 1192 § 1 (Exh. A), 2022)
If required by the planning official in accordance with RMC § 18.90.070(B), a critical area report for fish and wildlife habitat conservation areas shall meet requirements of this section. The report and its review by the city, which may include referral to independent qualified professionals, shall be at the applicant's expense.
A. 
A critical area report shall be required for all development within 300 feet of any fish and wildlife habitat conservation area, as designated in RMC § 18.90.210. A critical area report shall be required for all development within the urban forest or watershed zones.
B. 
At a minimum, the report shall contain the following:
1. 
The name and contact information of the applicant, a description of the proposal, and identification of the permit requested;
2. 
A copy of the site plan for the development proposal including:
a. 
A map to scale depicting fish and wildlife habitat conservation areas, wetlands, buffers, the development proposal, and any areas to be cleared or graded;
b. 
A description of the proposed storm water management plan for the development and consideration of impacts from drainage alterations; and
c. 
The dates, names, and qualifications of the persons preparing the report, documentation of any fieldwork performed on the site, and a description of the methodologies used to conduct habitat assessments and impact analyses, including references and all assumptions made or relied upon.
C. 
Proposals shall be exempt from further report requirements, if they are consistent with riparian buffer requirements in RMC § 18.90.240(A) or allowed uses in RMC § 18.90.240(F) and affect no other fish and wildlife habitat conservation areas beside streams and riparian areas.
D. 
Reports not exempt under subsection (C) of this section shall be prepared by a qualified biologist with experience preparing reports for the relevant type of habitat.
E. 
Critical area reports for fish and wildlife habitat conservation areas shall address the following geographic areas:
1. 
The land parcel of the proposed activity;
2. 
All fish and wildlife habitat conservation areas, including riparian buffers identified in RMC § 18.90.240(A) within 300 feet of the project area; and
3. 
All wetlands and geologically sensitive areas within 300 feet of the project area.
F. 
A critical area report for a fish and wildlife habitat conservation area shall contain an assessment of habitats including the following information at a minimum:
1. 
A detailed description of vegetation throughout the areas identified in subsection (E) of this section;
2. 
Identification of any species of local importance or state priority species that have a primary association with habitat in these areas, and an assessment of potential project impacts on the species;
3. 
A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for habitats located in these areas or the species identified in subsection (F)(2) of this section;
4. 
A proposed habitat management plan for the site, which must be approved by the Washington Department of Fish and Wildlife for state priority species;
5. 
A detailed discussion of the direct and indirect potential cumulative impacts on habitat from development of the site, including potential impacts to water quality;
6. 
An analysis of site development alternatives, including a no development alternative;
7. 
A discussion of proposed mitigation, consistent with RMC § 18.90.090, Mitigation sequencing, and RMC § 18.90.100, Mitigation plan requirements; and
8. 
A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.
G. 
When appropriate, due to the type of habitat or species present or the project area conditions, the planning official may also require the habitat management plan developed under subsection (F)(4) of this section to include:
1. 
An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate;
2. 
A request for consultation with the Washington Department of Fish and Wildlife, the local Native American Indian tribe and other appropriate agency; and
3. 
Detailed surface and subsurface hydrologic features both on and adjacent to the site.
H. 
Unless otherwise provided, a critical area report may be supplemented by or composed of, in whole or in part, any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the planning official.
(Ord. 1059 § 2 (Exh. A (12.90.250)), 2010; Ord. 1060 §§ 5, 6, 2010)
The planning official shall condition approval of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to, the following:
A. 
Establishment of buffer zones;
B. 
Preservation or restoration of critically important vegetation and/or habitat features such as snags and downed wood;
C. 
Preservation or restoration of contiguous wildlife habitat corridors, to minimize the isolating effects of development on habitat areas;
D. 
Limitation of access to the habitat area, including signs and fencing to deter unauthorized access;
E. 
Seasonal restriction of construction activities;
F. 
Establishment of a duration and timetable for periodic review of mitigation activities;
G. 
In the urban forest and watershed zones, actions that would help achieve the city's desired future conditions for those zones, which include a landscape structure that mimics historical late successional Douglas fir and Ponderosa pine forests characteristic of the fire disturbance regime in the eastern Cascades, with varying degrees of tree densities and canopy closures, providing habitat connectivity for wildlife; and
H. 
Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.
(Ord. 1059 § 2 (Exh. A (12.90.260)), 2010; Ord. 1060 §§ 5, 6, 2010)