Kittitas County, WA Chapter 17A.04 FISH AND WILDLIFE HABITAT CONSERVATION AREAS

§ 17A.04.010 Purpose and intent.

The purpose of this chapter is to identify, designate, classify and protect critical fish and wildlife species and habitats, including special consideration to conservation or protection measures necessary to preserve or enhance anadromous species and their habitats, consistent with best available science.

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.020 Designation, and mapping, and classification.

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

a. Waters of the state.

b. Areas with which federally-designated endangered, threatened, and sensitive fish and wildlife species have a primary association.

c. Areas with which state-designated endangered, threatened, and sensitive fish and wildlife species have a primary association. The Washington State Department of Fish and Wildlife current list of endangered, threatened, and sensitive fish and wildlife species. State listed species are those native fish and wildlife species legally designated as Endangered Species (WAC 220-610-010), Threatened Species (WAC 220-200-100), or Sensitive Species (WAC 220-200-100).

d. State priority habitats and areas associated with state priority species. The State Department of Fish and Wildlife current list of priority habitats and species, including all species identified in 17A.04.020(c). Kittitas County recognizes and incorporates Washington Department of Fish and Wildlife's priority habitats and species list and maps into the designation of fish and wildlife conservation areas.

e. Habitats and species of local importance. Kittitas County recognizes that the priority habitats and species designated by the Washington Department of Fish and Wildlife that occur within the County are locally important and are hereby designated as habitats and species of local importance pursuant to KCC § 17A.04.020(c).

f. Naturally occurring ponds smaller than 20 acres.

g. Lakes, ponds, streams, and rivers planted with game fish by a government or tribal entity.

h. State natural areas preserve natural resource conservation areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the Washington State Department of Natural Resources.

i. State wildlife areas. State wildlife areas are defined, established, and managed by the Washington State Department of Fish and Wildlife.

2. Mapping. The approximate location and extent of fish and wildlife priority habitat conservation areas are shown on the County's critical area maps which shall include all fish and wildlife habitat conservation areas designated in KCC § 17A.04.020(1). These maps are intended to advise Kittitas County, applicants, and other participants in the development permit process that a priority habitat or critical area may exist and additional review may be necessary. Fish and wildlife priority habitat areas may exist that do not appear on the maps. The County shall update the maps periodically as new fish and wildlife habitat conservation areas are identified and as new information becomes available.

3. Habitat boundary survey. If the Director determines that a fish and wildlife habitat conservation area may be present within the project vicinity, he/she may require the habitat area to be delineated and/or mapped by a qualified professional per KCC § 17A.02.620 or or confirmed by the Washington Department of Fish and Wildlife. The existing maps showing the locations of fish and wildlife habitat conservation areas are coarse-scaled, and for planning purposes only. A survey performed by a qualified biologist may be necessary to determine the precise boundary of a habitat area. Unless otherwise defined in this chapter, the boundary of aquatic habitats shall be the ordinary high water mark of the waterbody, the channel migration zone, or the active floodplain, whichever is greater. The management recommendations for Washington's priority habitats and species or federal equivalent should be used as a tool for identifying and delineating fish and wildlife habitat boundaries.[1] The County may waive this requirement if there is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures per KCC § 17A.04.070.

[1] For terrestrial species, those management recommendations include, but are not limited to, Washington Department of Fish & Wildlife's "Management recommendations for Washington's priority habitats; riparian" (1997). For aquatic species, those management recommendations include, but are not limited to, Washington Department of Fish & Wildlife's "Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications" and "Riparian Ecosystems, Volume 2: Management Recommendations" (2020).

4. Waters of the state classification. For purposes of this chapter, Kittitas County hereby adopts the water typing system specified in WAC 222-16-030, as described below:

a. Type S: all waters, within their ordinary high water mark, meeting the criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW Chapter 90.58. The current list of Shoreline waters, along with their specific shorelines environments, is provided in the Kittitas County Shoreline Master Program (KCC Title 17B). Type S streams and lakes are protected by the Shoreline Master Program, rather than through this Title.

b. Type F: segments of natural waters other than Type S Waters, which are within the bankfull widths of defined channels and periodically inundated area of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat.

c. Type Np: all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat stream. Perennial stream waters do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.

d. Type Ns: All segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np, F or S Water. Ns Waters must be upstream from and physically connected by an above-ground channel system to Type S, F, or Np Waters. [WAC 222-16-030]

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.030 Riparian management zones and buffers.

1. Purpose. Riparian Management Zones (RMZs) and Buffers shall be established and maintained to protect fish and wildlife habitat conservation areas. RMZs refer to areas established and maintained to protect streams and are designated as a FWHCA per KCC § 17A.04.020(1)(c). Buffers refer to areas established and maintained to protect nonaquatic fish and wildlife habitat conservation areas.

2. RMZ Measurement. RMZs for streams shall be measured in all directions from the ordinary high water mark (OHWM), the channel migration zone (CMZ) or active floodplain, as identified consistent with BAS and site specific conditions. RMZ width shall be either the site-specific Site Potential Tree Height (SPTH) or 100 feet, whichever is greater, consistent with BAS for pollution removal and Volume 2 of WDFW's Riparian Ecosystem Management Recommendation.[1]

[1] When determining the RMZ width, the Director will utilize WDFW online mapping tools, including, but not limited to: http://sdrw.maps.arcgis.com/apps/MapJournal/index.html?appid35b39e40a2af447b9556ef1314a5622d and https://apps.wdfw.wa.gov/salmonscape/map.html.

3. Buffer Measurement. Upland habitat buffers are measured using Washington Department of Fish and Wildlife's Priority Habitat & Species GIS date.

4. Building Setback. Building setbacks (KCC § 17A.01.090 4.) are in addition to RMZs and upland habitat buffers and are measured outward from the edge of the RMZ or upland habitat buffer boundary.

5. RMZ and Buffer condition. RMZs and buffers shall be maintained in a predominantly well-vegetated and undisturbed condition to ensure that they perform their intended function of protecting the FWHCA. Tree removal is prohibited in RMZs and FWHCA buffers other than in accordance with 17A.01.050(3)(i) & (j).

6. Standard riparian management zones for waters of the state.

Table 17A.04.030.6 Standard RMZ Widths Kittitas County Nonshoreline Rivers, Streams, Lakes and Ponds (does not include building setback [KCC § 17A.01.090.5])
Riparian Management Zone Widths1,2,3
Stream Type
Type S (Shoreline)	See the SMP
Type F	1 SPTH from OHWM/CMZ/Floodplain	Minimum 100'
Type Np	1 SPTH from OHWM/CMZ/Floodplain	Minimum 100'
Type Ns	100'

1	Interrupted RMZs: When a fish and wildlife habitat conservation area RMZ contains an existing legally established public or private road, the Director may allow an alteration or development on the landward side of the road provided that the alteration or development will not have a detrimental impact to the habitat area. The Director may require a habitat management plan if-after considering the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption - such a plan is deemed necessary to confirm the lack of detrimental impact on the habitat area.
2	Multiple RMZs or buffers: In the event that RMZs and/or upland habitat buffers for any fish and wildlife habitat conservation area are contiguous or overlapping, the most protective of the collective RMZs shall apply.
3	Forested ecoregions are well-suited for using SPTH200 consistently to establish RMZ widths, and so for these areas, landowners and land managers can rely on the SPTH200 information provided in WDFW's SPTH mapping tool. When neither SPTH200 or the extent of the riparian vegetative community is at least 100 feet, RMZ shall be a minimum of 100 feet to achieve 95% or more removal efficacy of phosphorus, sediment, and most pesticides consistent with BAS Volume 2, Riparian Ecosystems Management Recommendations, specifically Section 2.3.4 Determining RMZ width and Section 2.3.5 Width delineation steps.

7. Increased RMZs or upland habitat buffers. The Director shall increase the fish and wildlife habitat conservation area RMZ or upland habitat buffer width where the standard widths are inadequate to prevent significant adverse environmental impacts or to address hazards associated with the site or the proposed alteration or development or to give special consideration for anadromous fish. The Director may increase the RMZ or upland habitat buffer consistent with BAS. The Director shall consider increasing the RMZ or upland habitat buffer when any of the following conditions are present:

a. The project site is within or adjacent to documented anadromous fish spawning or rearing habitat;

b. The composition, quality and density of the buffer vegetation is insufficient to protect the habitat area;

c. There is evidence of historical or current susceptibility to severe erosion, channel instability, or aggrading consistent with active channel migration;

d. There are multiple channels or islands present; or

e. The land adjacent to the ordinary high water mark and extending throughout the standard habitat buffer is steeply sloped (greater than 40% slope) and there are geologic hazards or frequently flooded areas such that an increased buffer may be required to protect ecological functions.

8. Riparian management zone or Upland Habitat buffer averaging. The Director may allow averaging of the standard RMZ or upland habitat buffer widths of fish and wildlife habitat sites in accordance with an approved habitat management plan on a case-by-case basis. With RMZ or buffer averaging, the RMZ or buffer width is reduced in one location and increased in another location to maintain the same overall standard area. Proposals for RMZ or buffer averaging shall meet all the following:

a. The fish and wildlife habitat conservation area RMZ or buffer has not been averaged or reduced by any prior actions administered by Kittitas County;

b. No feasible site design could be accomplished without buffer averaging;

c. The RMZ or buffer averaging will not reduce habitat functions or adversely affect anadromous fish habitat;

d. The minimum width of the RMZ or buffer at any given point is at least 75% of the standard width; and

e. The area that is added to the RMZ or buffer to offset the reduction is well-vegetated or will be densely planted with native vegetation along with monitoring and management to ensure that it becomes so. The Director may require such native vegetation enhancement if needed to ensure this criterion is met.

9. (Reserved)

10. Buffers for non-aquatic habitats. Appropriate site-and species-specific buffers for nonaquatic fish and wildlife habitat conservation areas shall be based upon best available science, and recommendations by the Washington Department of Fish and Wildlife or a qualified professional biologist. Buffers will be measured in all directions from the habitat boundary, as mapped by the Washington State Department of Fish and Wildlife or qualified professional pursuant to KCC § 17A.04.020 and verified by the Director.

a. Interrupted buffers: When a fish and wildlife habitat conservation area buffer contains an existing legally established public or private road and/or a legally established development which creates a significant interruption of buffer function, the Director may allow an alteration or development on the opposite side of the road from the habitat area provided that the actions will not have a detrimental impact to the habitat area. The Director may require a habitat management plan if - after considering the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption - such a plan is deemed necessary to confirm the lack of detrimental impact on the habitat area.

b. Multiple buffers: In the event that buffers for any fish and wildlife habitat conservation area or other critical area (including RMZs) are contiguous or overlapping, the most protective of the collective buffers shall apply.

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.040 General protection standards.

1. Alterations. All alterations and development shall be prohibited from fish and wildlife habitat conservation areas and their buffers, except in accordance with this Title. A fish and wildlife habitat conservation area, RMZ, or buffer may be altered only if the proposed alteration of the habitat and/or any required compensatory mitigation does not degrade the functions and values of the habitat.

2. Mitigation requirement. Mitigation of alterations to fish and wildlife habitat conservation areas and their buffers shall meet the requirements of KCC § 17A.04.030.

3. Anadromous fish. All alterations and development proposed to be located in aquatic fish and wildlife habitat conservation areas used by anadromous fish or in areas that affect such aquatic habitat areas shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:

a. An alternative alignment or location for the alteration or development is not feasible;

b. The alteration or development is designed so that it will not degrade the functions or values of the fish habitat or other critical areas;

c. Stream bank erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to the WDFW Integrated Stream Bank Protection Guidelines (WDFW, 2003) an approved habitat management plan; and

d. Any impacts to the functions or values of the aquatic fish and wildlife habitat conservation area are mitigated in accordance with a habitat management plan.

4. Timing restrictions.

a. Fish. In-water work alteration or development shall be timed to occur only during the allowable work window as designated by the Washington State Department Fish and Wildlife (WDFW) for the applicable species and aquatic fish and wildlife habitat conservation area type.

b. Wildlife. The County shall impose limitations on construction activities during breeding and/or nesting periods for priority species when necessary to protect the species and avoid adverse impacts. Appropriate timing restrictions for wildlife species shall be based upon best available science and WDFW recommendations.

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.050 Permitted alterations and development.

The following alterations and development may be permitted in fish and wildlife habitat conservation areas and/or their riparian management zones or buffers when all feasible 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. When clearing and grading is permitted in a fish and wildlife habitat conservation area or its associated RMZ or buffer as part of an authorized alteration or development or as other allowed in these standards, the following shall apply:

a. Grading is allowed only during the dry season, as determined by the Director;

b. Clearing and grading shall be limited to the minimum necessary to accomplish the alteration or development; and

c. Erosion and sediment control will meet or exceed the standards set forth in the current version of the Stormwater Manual for Eastern Washington.

2. Stream bank stabilization. Stream bank stabilization and protection shall be permitted subject to all the following standards, and those standards described in WDFW's Integrated Streambank Protection Guidelines (WDFW, 2003), WDFW's 2012 Stream Habitat Restoration Guidelines (SHRG), and KCC § 17A.01.120.4:

a. Natural riverine processes, including channel migration, will be maintained to the maximum extent practicable;

b. The alteration or development will not result in increased erosion and will not alter the size or distribution of stream substrate;

c. Nonstructural measures, such as placing or relocating the development further from the aquatic habitat area, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to protect the stream bank;

d. Stabilization is achieved through bioengineering or soft armoring techniques; and

e. Hard bank armoring may occur only when the property contains a primary, already existing, legally-established, permanent structure, which is unable to be relocated, that is in danger from erosion caused by riverine processes, as documented in a geotechnical analysis prepared by a qualified professional. The armoring shall not expand beyond the original structural footprint, unless necessary to protect existing permanent buildings, roads or utility infrastructure adjacent to the bank, and shall not increase erosion or flooding on adjacent properties.

3. Docks and launching ramps. Construction, reconstruction, repair, and maintenance of docks and public or private launching ramps are subject to all the following, and those standards described in KCC § 17A.01.120(4):

a. The dock or ramp 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; and

c. No adverse impact to fish or wildlife habitat areas or associated wetlands will occur.

4. Roads, trails, bridges, and rights-of-way. Construction of trails, roadways, and bridges through or across streams, other fish and wildlife habitat conservation areas and/or their RMZs or buffers are subject to all the following, and those standards described in WDFW's Water Crossing Guidelines and KCC § 17A.01.120(4):

a. There is no other feasible alternative route with less impact on the fish and wildlife habitat conservation area;

b. The crossing minimizes interruption of downstream movement of wood, ice, sediment, and the movement of all fish and wildlife. Bridges are preferred for all stream crossings and should be designed to maintain the existing stream substrate and gradient, provide adequate horizontal clearance on each side of the ordinary high water mark, and provide adequate vertical clearance above the ordinary high water mark;

c. Roads within a stream buffer shall not run parallel to the water body when there is an alternative alignment that has less adverse effect on stream functions;

d. Trails shall be located on the outer edge of the fish and wildlife habitat conservation area buffer, except for limited viewing platforms and at the crossing, and shall use pervious materials where feasible;

e. Stream crossings, where necessary, shall be perpendicular with the stream, or as close to perpendicular as possible, and shall be the minimum width necessary. Common or shared crossings are the preferred approach where multiple properties can be accessed by one crossing; and

f. Culverts and bridges shall be designed according to applicable state and federal guidance criteria for fish passage as identified in Fish Passage Design at Road Culverts, WDFW, 2003, and/or the National Marine Fisheries Services Guidelines for Anadromous Salmonid Passage Facility Design, 2011, (and subsequent revisions) or WDFW's Water Crossing Design Guidelines (WDFW, 2013). The applicant or property owner shall maintain fish passage through the culvert.

5. Utility facilities. New utility lines and facilities may cross streams or Fish and wildlife habitat conservation areas if they comply with the following standards, and those standards described in KCC § 17A.01.120(4):

a. There is no other feasible alternative route with less impact on the fish and wildlife habitat conservation area;

b. Installation at a stream crossing shall be accomplished by boring beneath the scour depth and hyporheic zone of the stream and the entire channel migration zone width, where feasible;

c. Where boring under the channel is not feasible, the utilities shall cross at an angle of no less than 60 degrees, but as close to 90 degrees as possible, relative to the centerline of the channel;

d. Crossings shall be contained within the footprint of an existing road, bridge or utility crossing where possible;

e. The utility route shall avoid paralleling the stream or following a down-valley course near the channel; and

f. The utility installation shall not increase or decrease the natural rate of channel migration.

6. Instream structures. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect habitat conservation areas.

7. Stormwater conveyance and discharge facilities. Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be placed within the outer 25% of a standard fish and wildlife habitat conservation area buffer on a case-by-case basis when the Director determines that all the following are met:

a. Due to topographic or other physical constraints, there are no feasible locations for these facilities outside the standard fish and wildlife habitat conservation buffer;

b. The discharge is located as far from the ordinary high water mark (OHWM) as possible and in a manner that minimizes disturbance of soils and vegetation;

c. The discharge outlet is located in the outer 25% of the standard buffer and is designed to prevent erosion and promote infiltration; and

d. The discharge meets state water quality standards, including total maximum daily load (TMDL) standards as appropriate at the point of discharge.

8. On-site sewage systems and wells.

a. New on-site sewage systems and/or individual wells may be placed within standard aquatic fish and wildlife habitat conservation area buffers only if:

i. There are no alternative locations outside of the buffer;

ii. It complies with all state and local regulations; and

iii. The on-site sewage system and/or well is accessory to an approved residential structure, for which it is not feasible to connect to a public sanitary sewer system, and is subject to approval by the Director on a case-by-case basis.

b. The on-site sewage system and/or well is accessory to an approved residential structure, for which it is not feasible to connect to a public sanitary sewer system, and is subject to approval by the Director on a case-by-case basis.

i. Connection to an available public sanitary 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 from the habitat area as far as possible, provided the proposed sewage system is in compliance with the Kittitas County Health Department; or

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

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.060 Reporting.

1. When required. If a proposed development is located within or adjacent to a known or suspected fish and wildlife habitat conservation area, the Director shall require the applicant to submit a habitat management plan prepared by a qualified professional, defined in KCC § 17A.02.620, which includes the information listed in this section. The requirement to provide a habitat management plan for fish and wildlife habitat conservation areas may be waived on a case-by-case basis if the Director determines that there are no potential direct and/or indirect impacts on designated species or habitats that would result from the proposed development.

2. Contents. When required by this chapter, habitat management plans for habitat conservation shall include the general critical areas report requirements, as described in KCC § 17A.01.080, in addition the following:

a. Identification of any state or federal endangered, threatened, sensitive, or candidate species that have a primary association with habitat on the project area;

b. Map showing the location of the ordinary high water mark and/or locations of fish and wildlife habitat conservation area(s) and their buffers in accordance with KCC § 17A.04.020;

c. The vegetative, faunal, topographic, and hydrologic characteristics of the fish and wildlife habitat conservation area;

d. 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;

e. A detailed discussion of the direct and/or indirect potential 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;

f. The general mitigation plan requirements of KCC § 17A.01.100 as well as the fish and wildlife habitat conservation area mitigation requirements of KCC § 17A.04.070, if the alteration or development will result in unavoidable impacts to fish and wildlife habitat conservation areas; and

g. Methods and measures to avoid, minimize and/or compensate for adverse impacts associated with the proposed development, including, but not limited to:

i. Prohibition or limitation of use, alteration, and development within the fish and wildlife habitat conservation area,

ii. Retention of vegetation and/or re-vegetation of areas/habitats critically important to species,

iii. Special construction techniques,

iv. Implementation of erosion and sediment control measures,

v. Habitat restoration or enhancement (e.g., fish passage barrier removal),

vi. Seasonal restrictions on construction activities on the subject property,

vii. Clustering of alterations or development on the subject property, and

viii. Any other requirements and/or recommendations from federal, state, or local special management recommendations, including the Washington State Department of Fish and Wildlife's habitat management guidelines.

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)

§ 17A.04.070 Mitigation requirements.

1. General mitigation requirements. Mitigation for alteration or impacts to fish and wildlife habitat conservation areas shall achieve equivalent or greater biological functions and shall include mitigation for adverse impacts upstream and downstream of the development project site. Mitigation shall address each functional attribute affected by the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation elements 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.

2. Buffer for aquatic habitat conservation mitigation sites. Any aquatic fish and wildlife habitat conservation area that is created, restored, or enhanced as compensation for approved alterations shall be assigned the same buffer as would be required for the category of the original aquatic fish and wildlife habitat conservation area.

3. Type of mitigation required. In determining the extent and type of mitigation required, the Director may consider all the following:

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

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

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

d. The likely success of the proposed mitigation measures;

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

f. Opportunities to implement restoration actions formally identified by any of the following plans (or equivalent plans): an adopted shoreline restoration plan; a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW; and/or a salmonid recovery plan or project that has been identified on the Salmon Recovery Board Habitat Project List or by the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement.

4. Timing. Where feasible, mitigation projects shall be completed prior to or concurrently with permitted and approved alterations and development that will disturb fish and wildlife habitat conservation areas. In all other cases, as approved by the Director, mitigation shall be completed as quickly as possible following disturbance and, aside from monitoring requirements, shall be completed prior to use or occupancy of the alteration or development. Construction of mitigation projects shall be timed to reduce impacts to existing fish, wildlife and flora; provided, that the Director may adjust the timing requirements to allow grading, planting, and other alterations to occur during the appropriate season(s).

5. Location. Compensatory mitigation shall be provided on site or off site in the location that will provide the greatest ecological benefit to the species and/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 unless the applicant demonstrates to the satisfaction of the Director through a watershed-or landscape-based analysis that mitigation within an alternative sub-basin of the same watershed would have greater ecological benefit.

6. Design. Mitigation projects involving in-water work including, but not limited to, stream relocation and installation of engineered large woody debris structures shall be professionally engineered and designed to ensure there are no adverse hydraulic effects on upstream or downstream properties, and shall comply with all applicable permits such as a hydraulic project approval (HPA) from the WA Department of Fish and Wildlife.

(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)