City of Edgewood, WA Chapter 14.50 FISH AND WILDLIFE HABITAT CONSERVATION AREAS

§ 14.50.010 Purpose.

Many land use activities can impact the habitats of fish and wildlife. Special care must be taken in the management of lands that support fish and wildlife species to ensure that development occurs in a manner that is sensitive to their habitat needs. The purpose of this chapter is to identify fish and wildlife habitat conservation areas and establish habitat protection procedures and mitigation measures that are designed to result in no net loss of habitat functions and values. These areas are necessary for maintaining species in suitable habitats and habitat connectivity using conservation area designations, buffers, and open space corridors within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5).[1]

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

[1] Editor's Note: See now WAC 365-190-130.

§ 14.50.020 Designation of fish and wildlife habitat conservation areas.

A. General. Fish and wildlife habitat conservation areas are defined in EMC § 14.20.020.

B. Designation. Fish and wildlife habitat conservation areas include:

1. Designated critical habitat for federally or state-listed endangered, threatened, or sensitive species of fish, wildlife, or plants (specified in 50 CFR 17.11 and 17.12, WAC 220-610-010 and 220-610-110);

2. Areas containing priority habitat and species as identified by the Washington State Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) and Department of Natural Resources (DNR) Species Lists under the Natural Heritage program. These are also considered habitat and species of local importance;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;

4. The portion of the special flood hazard area within 200 feet of the OHWM of any lake, river or stream;

5. Waters of the state, including all water bodies classified by the Washington State Department of Natural Resources water typing classification system as detailed in WAC 222-16-030, WDFW PHS Program, WDFW Site Potential Tree Height mapping tool, and Ecology's Washington State Hydrography Program together with associated riparian areas;

6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;

7. State natural area preserves and natural resource conservation areas and state wildlife areas as designated by either DNR or WDFW;

8. Areas Not Included. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

C. Mapping. The approximate location and extent of waters of the state and fish presence within the city are provided and maintained within the city's Critical Area GIS database. The city shall update the database periodically as new information becomes available. The approximate location and extent of other fish and wildlife habitat conservation areas are shown on maps maintained by WDFW PHS Program, WDFW Site Potential Tree Height mapping tool, WDFW Nongame Database, WDFW SalmonScape, WDFW Water Resource Index Areas, Ecology's Washington State Hydrography Program, WDNR Water Type Reference Maps, WDNR Natural Heritage Database, and other state and federal agencies mapping that becomes available. These maps are to be used as a guide and do not provide definitive information about fish and wildlife habitat conservation area size or presence. Fish and wildlife habitat conservation areas may exist that do not appear on the maps.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.030 Buffer standards – Fish and wildlife habitat conservation areas.

A. Determining Buffer Widths. Buffers shall be required as set forth and provided in the critical areas report pursuant to EMC §§ 14.10.080 and 14.50.080:

1. Riparian Buffers.

a. Riparian buffers, consisting of undisturbed native vegetation, shall be required along all waterbodies that are classified based on the DNR water typing classification system (WAC 222-16-030).

b. The standard riparian buffer based on water typing classification is provided in Table 14.50.030.

Table 14.50.030 Buffer Standards
Water Type	Buffer Width
Type F	100 ft.
Type Np	100 ft.
Type Ns	100 ft.

c. The riparian buffer shall extend landward from the ordinary high-water mark (OHWM) of the regulated water body.

d. The required riparian buffer shall be extended to include any adjacent or overlapping regulated wetland(s), landslide hazard areas, and their required buffers. Where this occurs along a Type F water, the minimum buffer width shall be 150 ft unless otherwise modified pursuant to this chapter.

2. Nonriparian Buffers.

a. Appropriate buffers for critical habitat areas and species not listed in Table 14.50.030 shall be determined on a case-by-case basis, based upon the needs of specific species or habitat area of study. The applicant shall identify these habitats and species in the critical area report pursuant to EMC § 14.10.080. The Department will coordinate with WDFW in these instances to determine an appropriate buffer width and, when available, shall rely upon buffer widths specified in WDFW Priority Habitats and Species management recommendations.

B. Modification to Riparian or Nonriparian Buffers. The standard buffer widths of subsection A of this section may be modified as follows:

1. Riparian and Nonriparian Buffer Averaging. Buffer width averaging allows certain portions of the buffer to be decreased if other portions of the buffer are increased. Buffer averaging may be approved by the Director, on a base-by-case basis, when the applicant demonstrates all of the following in the critical area report required pursuant to EMC § 14.10.080:

a. No feasible alternatives to the site design or magnitude of the regulated activity could be accomplished without buffer averaging; this shall include demonstrating efforts to limit the degree or magnitude of the regulated activity;

b. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer;

c. The buffer averaging does not adversely reduce the riparian or nonriparian habitat functions or values. Special attention shall be given to anadromous fish and may require habitat protections measures for stream flows, water quality, temperature, substrates, and others based on the best available science;

d. The portion of the buffer subject to buffer averaging is less than 20 percent of the total buffer length on an individual project site;

e. The site contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation; and

f. The buffer width is not reduced to less than 75 feet of the standard width.

2. Buffer Width Increases. The director may require increased buffer width(s) on a case-by-case basis when a wider buffer is necessary to protect habitat functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the habitat. The documentation shall include but not be limited to the following criteria:

a. A larger buffer is necessary to maintain viable populations of existing species or protect the existing functions of the habitat area;

b. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts;

c. The adjacent land has minimal vegetative cover or slopes greater than 20 percent; or

d. The habitat area is in an area of high tree blow-down potential. In these cases the habitat area may be expanded an additional 50 feet on the windward side.

3. Functionally Disconnected Buffer Area. Areas that are functionally and effectively disconnected from the habitat area, as described below, by an existing public or private road or legally established significant development may have the standard buffer width modified, as determined by the Director. Individual structures may not fully interrupt buffer function. In such cases, the allowable buffer exclusion should be limited in scope to just the portion of the buffer that is affected. A critical areas report shall be submitted pursuant to EMC § 14.10.080 that evaluates whether a development functionally disconnects the buffer, or the extent of that impact, and analyze and document the buffer functionality. For the purposes of this provision:

a. "Functionally and effectively disconnected" means that the road or other significant development effectively prevents the protective measures and support functions provided by a buffer, and the isolated portion of the standard buffer would provide insignificant biological, geological, or hydrological functions for the habitat area and/or stream; and

b. "Significant development" includes built public infrastructure such as roads and railroads, and private developments such as homes or commercial structures.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.040 Fish and wildlife habitat conservation area review procedures.

A. If the department’s maps, sources, or field investigations indicate that the proposed project area is located within 150 feet of a known or suspected fish or wildlife habitat conservation area, then the applicant shall submit a critical area report pursuant to EMC § 14.10.080 prepared by a qualified fisheries biologist or wildlife biologist and meeting the requirements of EMC § 14.50.080. The report requirement may be waived if the department determines that there are no potential adverse direct, indirect, or cumulative impacts on designated species or habitats that would result from the proposed development activity.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.050 Allowed activities.

A. The following activities may be permitted in fish and wildlife habitat conservation areas and/or their buffers upon submittal of a critical areas report pursuant to EMC § 14.50.040 demonstrating all reasonable measures have been taken to avoid and mitigate adverse effects on species and habitats and a net loss of habitat functions will not occur:

1. Clearing and Grading. Clearing and grading activities shall be prohibited within a riparian or nonriparian buffer unless it is part of an authorized regulated activity or as otherwise allowed in these standards, the following shall apply:

a. Grading is allowed only during the designated dry season, which is typically regarded as beginning on May 1st and ending on October 1st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, determined on actual weather and/or site conditions;

b. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the site;

c. 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; and

d. Erosion and sediment control that meet or exceeds the standards set forth in the adopted stormwater management standards shall be provided.

2. Stream Erosion Control Measures. New or replacement stream erosion control measures shall be subject to the following standards:

a. The proposal complies with the provisions set forth in Chapter 14.110 EMC.

b. The required habitat management plan demonstrates the following:

i. Natural stream processes will be maintained. The project will not result in alterations to, or loss of, stream substrate within one-quarter mile of the site.

ii. The stream erosion control measure will not adversely impact fish and shall consider bioengineered methods consistent with Integrated Streambank Protection Guidelines (SPG) or wildlife habitat conservation areas or associated wetlands.

iii. Adequate mitigation measures, as set forth in EMC § 14.50.070, are provided that ensure no net loss of riparian habitat or function occurs due to the proposed erosion control measure.

3. Docks. Construction, reconstruction, repair, and maintenance of docks are subject to all of the following:

a. The dock is located and oriented and constructed in a manner that minimizes adverse effects on water quality, movement of aquatic and terrestrial life, ecological processes, spawning habitat, and wetlands.

b. Docks and ramps shall meet or exceed all relevant state and federal permit requirements.

4. Roads, Trails, Bridges, and Rights-of-Way. Construction of trails, roadways, and minor road bridging may be allowed subject to the following standards:

a. There is no other feasible alternative route with less impact on the environment or has been approved by the City Council as part of a nonmotorized public trail system.

b. The crossing minimizes interruption of downstream movement of wood and gravel.

c. Stream crossings, where necessary, shall only occur as near to the perpendicular with the stream as possible and be limited to the minimum width necessary.

d. Road bridges and culverts are designed according to the latest versions of the WDFW Water Crossing Design Guidelines and the National Oceanic and Atmospheric Administration (NOAA) Guidelines for Salmonid Passage at Stream Crossings in Oregon, Washington, and Idaho, 2022, or as amended and approved by NOAA and incorporate WDFW climate-change resilient culvert design as appropriate.

e. Trails and associated viewing platforms shall be made of pervious materials.

f. Mitigation, pursuant to EMC § 14.50.070, for impacts is provided.

5. Utility Facilities. New utility lines and facilities are permitted to cross habitat conservation areas if they comply with the following standards:

a. Avoid fish and wildlife habitat conservation areas to the maximum extent possible.

b. Cross at an angle greater than 60 degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible.

c. Crossings are contained within the footprint of an existing road or utility crossing where possible.

d. Avoid paralleling the stream or following a down-valley course near the channel.

6. Public Flood Protection Measures. New public flood protection measures and expansion of existing facilities may be approved, subject to the department's review and approval of a habitat management plan.

7. Instream Structures. New instream structures (such as, but not limited to, high flow bypass, sediment ponds, instream ponds, retention and detention facilities, dams, weirs, etc.) shall be allowed only as part of an approved mitigation or restoration project or watershed basin plan approved by the department and upon acquisition of any required state or federal permits. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect all fish species at all life stages. Proposals for placement of water quality, water quantity, or other instruments or structures within a stream to gather data, or as a mitigation measure, shall be exempt from the provisions of this title upon review and approval by the department.

8. Stormwater Facilities. Stormwater facilities, limited to open detention/retention and/or treatment ponds, bioretention and/or media filtration treatment facilities, or open-channels whose sole purpose is to convey stormwater either already treated for quality or bypassed around treatment facilities pursuant to an approved stormwater plan, may be constructed if:

a. No other feasible alternatives with less impact on the critical area or buffer exist;

b. Mitigation for impacts is provided;

c. Conveyance facilities incorporate fish habitat features;

d. Vegetation is maintained and, if necessary, added adjacent to all open channels and ponds in order to retard erosion, filter out sediments, and shade the water; and

e. The stormwater facility is designed according to city standards.

9. Wells and necessary appurtenances, including a pump and appropriately sized pump house, but not including a storage tank, when all the following conditions are met:

a. There is no viable alternative to the well site outside of the buffer;

b. The well is either an individual well serving only one residence or a Class B well serving a maximum of 15 connections and no more than 25 people;

c. The pump house is a building with a ground area of less than 200 square feet; and

d. The new well complies with federal Safe Drinking Water Act and State Department of Health requirements.

10. On-Site Sewage Systems.

a. New on-site sewage systems may be permitted in a riparian buffer only if it is accessory to a single principal dwelling unit structure on the subject property and it is not required by code to connect to a public sanitary sewer system. Such systems shall be located outside of the stream buffers to the maximum extent possible. All on-site sewage systems must comply with the Washington State Department of Health and Chapter 246-272A WAC.

b. Repairs to failing on-site sewage systems shall be accomplished by utilizing one of the following methods that result in the least impact:

i. Connection to an available public sewer system;

ii. Replacement with a new on-site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with the provisions in Chapter 14.80 EMC; or

iii. Repair to the existing on-site septic system.

B. The activities listed below are allowed in fish and wildlife habitat conservation areas and their buffers and would not require submission of a critical areas report, except where such activities would result in a loss of the functions and values of habitat conservation areas or buffers. The proponent shall notify the department of the activity and obtain any other required permits.

1. Vegetation Removal, Disturbance, and Introduction. Limited vegetation removal shall be allowed subject to EMC § 18.90.180, Tree preservation, and the following standards:

a. Hazard trees may be cut; provided, that:

i. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by the landowner’s expert. Where limbing or crown thinning is not sufficient to address the hazard, trees should be topped to remove the hazard rather than cut at or near the base of the tree. All vegetation cuttings (tree stems, branches, tops, etc.) shall be left within the habitat area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation;

ii. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped. Tree species that are native and indigenous to the site shall be used;

b. Trimming of vegetation for purposes of providing a view corridor will be allowed. The trimming is limited to a maximum 20-foot width and the benefit to fish and wildlife habitat may not be reduced. No more than 30% of the live crown may be removed. Trimming shall be limited to hand pruning of branches and vegetation and does not include felling, topping, or the removal of trees.

2. Fencing. Fencing shall be placed in such a manner as to maintain wildlife movement corridors and not create any fish passage blockages. The department shall approve the location, type, and height of any proposed fencing.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.060 Alteration of watercourses.

Any alteration of a watercourse shall comply with the following standards:

A. The city will notify adjacent communities, Washington State Department of Ecology, Washington State Department of Fish and Wildlife, Washington State Department of Natural Resources, and the Puyallup Tribe of Indians.

B. The city shall require that long-term maintenance be provided within the altered or relocated portion of said watercourse, so that the flood-carrying capacity is not diminished. Therefore, if the maintenance program calls for future cutting of planted native vegetation used in performing the alteration, the system shall be oversized at the time of construction to compensate for said vegetation growth or any other natural factor that may need future maintenance.

C. Alterations and relocations, including stabilization projects, shall not degrade fish habitat and shall be subject to the following provisions:

1. Structures that cross all watercourses and water bodies shall meet fish habitat requirements of the WDFW.

2. Any culverts that are used on fish-bearing watercourses shall be arch/bottomless culverts or equivalent that provide comparable fish protection, and must meet fish habitat requirements of the latest edition of WDFW’s Design Manual for Culverts and incorporate WDFW climate-change resilient culvert design as appropriate.

3. Bridges or other crossings shall allow for uninterrupted downstream movement of wood and gravel, be as close to perpendicular to the watercourse as possible, and be designed to minimize fill and to pass the base flood flows.

4. Watercourse alterations shall maintain natural meander patterns, channel complexity, and floodplain connectivity. Where feasible, such characteristics shall be restored as part of the watercourse alteration.

5. The applicant shall identify the channel migration zone for the watercourse at the project site and for a reasonable reach upstream and downstream of the site, and shall not undertake actions as part of the alteration that would in any way inhibit movement of the channel.

6. Existing culverts that do not meet fish habitat requirements shall be removed or replaced as part of the approved watercourse alteration project.

7. Watercourse alteration projects shall not result in a fish blockage of side channels. Known fish barriers into side channels shall be removed as part of the approved watercourse alteration project.

8. Watercourse alterations should provide a riparian buffer width in accordance with Table 14.50.030, where feasible. The riparian buffer shall be replanted with native vegetation that replicates the natural, undisturbed riparian condition in species, size, and densities.

9. For any watercourse alteration of a Type F water whose channel is subject to migration, bioengineered (soft) armoring of stream banks is required to allow for woody debris recruitment, gravels for spawning, and creation of side channels. The bioengineering technique used must be designed in accordance with the latest edition of Washington Department of Fish and Wildlife’s Integrated Streambank Protection Guidelines.

D. The project engineer shall design the watercourse alteration so the activity does not increase the water surface elevation (zero-rise); decrease the capacity, storage, and conveyance of the watercourse; or cause an adverse impact to adjacent, cross-channel, or upstream or downstream properties.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.070 Mitigation requirements.

A. Mitigation. Compensatory mitigation is required for all unavoidable alterations to fish and wildlife habitat conservation areas or their buffers. Mitigation of alteration to habitat areas shall achieve equivalent or greater biological functions. Mitigation shall address each functional attribute affected by the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation elements to be addressed may include, but are not limited to: restoration of previously degraded areas and key habitat features, restoration of riparian vegetation communities to provide shade and large woody debris, addition of large woody debris, and installation of upland habitat features. All projects must first demonstrate compliance with EMC § 14.10.070B prior to development of compensatory mitigation plans.

B. Type of Mitigation Required. In determining the extent and type of mitigation required, the department may consider all of the following:

1. The ecological processes that affect and influence habitat structure and function within the watershed or sub-basin;

2. The individual and cumulative effects of the action upon the functions of the critical area and associated watershed;

3. Observed or predicted trends regarding the gains or losses of specific habitats or species in the watershed, in light of natural and human processes;

4. The likely success of the proposed mitigation measures;

5. Effects of the mitigation actions on neighboring properties; and

6. Opportunities to implement restoration actions formally identified by an adopted watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a salmonid recovery plan or project that has been identified on the Salmon Recovery Board habitat project list or by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement.

C. Location. Compensatory mitigation shall be provided on site or off site in the location that will provide the greatest ecological benefit to the species or habitats affected and have the greatest likelihood of success. Mitigation shall occur as close to the impact site as possible, within the same sub-basin, and in a similar habitat type as the permitted alteration. If the applicant submits a watershed- or landscape-based analysis that demonstrates mitigation within an alternative sub-basin of the same watershed would have greater ecological benefit, then the director may approve the demonstrated alternate mitigation.

D. Mitigation Plans. When required by this chapter, the applicant shall submit a fish and wildlife habitat conservation area mitigation plan meeting the requirements of this chapter.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)

§ 14.50.080 Additional critical area report requirements.

A. Habitat Management Plan. In addition to the general critical areas report requirements contained in EMC § 14.10.080, the following shall be included:

1. Identify and describe any habitats and species regulated as a fish and wildlife habitat conservation areas as designated in EMC § 14.50.020B within 300 feet of the project area;

2. Map showing the location of the ordinary high water mark and locations of wildlife habitat conservation area(s) and their buffers;

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 species or habitat located on or adjacent to the project area;

4. A detailed discussion of the direct (remove or destroy habitat, displacement, etc.) and/or indirect (impacts that occur later in time) impacts on the fish and wildlife habitat conservation area by the project. Such discussion shall include a discussion of the ongoing management practices that will protect habitat after the project site has been developed;

B. Habitat Management Mitigation Plan. A habitat management mitigation plan shall, at a minimum include the general mitigation plan requirements in EMC § 14.10.090 and the following information:

1. Adverse impacts to riparian and nonriparian habitats, as determined by the director, shall be fully mitigated in accordance with the standards set forth in EMC § 14.10.070B.

2. Mitigation for alterations to habitat areas shall achieve equivalent or greater biologic functions, and shall provide similar functions as those lost.

3. An assessment of the habitat and species recommendations proposed by federal and state agencies and their applicability to the proposal.

4. A discussion of any ongoing management practices that will protect the fish and wildlife conservation area after the site has been developed, including proposed monitoring and maintenance programs.

5. A bond estimate for the proposed mitigation installation, monitoring, and maintenance pursuant to EMC § 14.50.070.

(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)