The ordinance codified in this chapter, together with any amendments, shall be known as the "Fish and Wildlife Habitat Area Ordinance."
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 32, 2003)
This chapter is adopted under the authority of RCW 36.70A.050.
(Ord. 1546 § 1 (part), 1992)
The purpose of this chapter is to regulate development and the use of land in order to preserve and protect areas of critical and endangered fish, including anadromous or resident salmonid species, and wildlife habitat; and to conform with the Washington State Growth Management Act.
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 33, 2003; Ord. 2909 § 22, 2025)
Fish and wildlife habitat conservation areas are those areas identified as being of critical importance to sustain needed habitats and species for the functional integrity of the ecosystem and which, if altered, may reduce the likelihood that the species will persist over the long term; these areas may include:
A.
Designated critical habitat for federally or state-listed endangered, threatened, or sensitive species of fish, wildlife, or plants;
B.
Areas containing priority habitat and species as identified by the Washington State Department of Fish and Wildlife that are of local importance;
C.
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;
D.
The portion of the special flood hazard area within 200 feet of the OHWM of any lake, river or stream;
E.
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;
F.
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
G.
State natural area preserves and natural resource conservation areas and state wildlife areas as designated by either the Washington State Department of Natural Resources or the Washington State Department of Fish and Wildlife;
H.
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.
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 34, 2003; Ord. 2532 § 7, 2015; Ord. 2596 § 6, 2017; Ord. 2596S § 6, 2017; Ord. 2909 § 23, 2025)
Fish and wildlife habitat conservation areas shall be identified in the following documents:
A.
The Washington Department of Natural Resources water typing maps;
B.
The Washington Department of Wildlife Priority Habitats and Species (PHS) Program;
C.
The Washington Department of Natural Resources Natural Heritage Program;
D.
The effective Flood Insurance Rate Map (FIRM); and
E.
Other appropriate documents prepared by state or federal agencies.
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 35, 2003; Ord. 2532 § 8, 2015; Ord. 2596 § 7, 2017; Ord. 2596S § 7, 2017; Ord. 2909 § 24, 2025)
A habitat assessment, prepared by a professional fisheries or wildlife biologist, shall be submitted for all nonexempt activities proposed on a site which contains or is within: (A) 300 feet of documented habitat for threatened, endangered, or sensitive fish or wildlife species as identified by documents listed under SMC § 16.56.060; (B) a wetland, wetland buffer, stream, or stream buffer; or (C) the portion of the mapped special flood hazard area within 200 feet of the OHWM of any lake, river or stream. Sites subject to a habitat assessment are hereinafter referred to as "potential habitat sites." Prior to application for a permit the applicant may elect to waive the habitat assessment and submit a habitat management plan if potential habitat is known to exist.
The habitat assessment shall include a discussion and inventory of species or habitats known or expected to be located on a potential habitat site. The director or designee may modify the assessment area based on the species-specific recommendations from a state or federal agency with expertise regarding the particular habitat or species applicable to the potential habitat site.
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 36, 2003; Ord. 2532 § 9, 2015; Ord. 2596 § 8, 2017; Ord. 2596S § 8, 2017)
A.
If the habitat assessment demonstrates to the satisfaction of the director that fish and wildlife habitat areas are not present within the potential habitat site, then the development can proceed without further requirements for special fisheries or wildlife studies pursuant to this chapter. Otherwise, a habitat management plan shall be submitted. The purpose of the habitat management plan is to provide for the implementation, monitoring, and maintenance of permanent mitigation and restoration measures for fish and wildlife habitat. Habitat management plans shall be prepared by a professional wildlife biologist or fisheries biologist as determined appropriate by the director. At the discretion of the director, habitat assessments and management plans prepared for federal permits or approvals may be used to fulfill the requirements of this section.
B.
The habitat management plan for sites within 300 feet of documented habitat for threatened, endangered, or sensitive fish or wildlife species (SMC § 16.56.070(A)), or sites containing a wetland, wetland buffer, stream, or stream buffer (SMC § 16.56.070(B)), shall contain at a minimum:
1.
Site description and project description;
2.
An inventory of fish and wildlife habitat on and adjacent to the site and discussion of the project's effects on fish and wildlife habitat;
3.
A discussion of any federal, state, or local special management recommendations which have been developed for species or habitats located on and adjacent to the site;
4.
A discussion of measures to preserve existing habitats and restore habitats which were degraded prior to the proposed land use activity. Restoration plans shall include at a minimum the following:
5.
A discussion of proposed measures which avoid, minimize, and mitigate the impacts of the project;
6.
An evaluation of the effectiveness of the proposed mitigation and restoration measures;
7.
A discussion of ongoing management practices which will protect fish and wildlife habitat after the project site has been fully developed, including monitoring, adaptive management, and maintenance programs;
8.
An assessment of habitat recommendations proposed by resource agencies and their applicability to the proposal;
9.
Any additional information necessary to determine the impacts of a proposal and mitigation of the impacts including use of low impact development, minimization of impervious surfaces, etc.;
10.
When applicable, field verification of the DNR stream type shall be required that identifies flow alterations, locates fish passage barriers, and determines the presence of fish. Field verification of all intermittent or non-fish bearing streams should occur, when practicable, during the wet season months of October to March; and
11.
Identification of any applicable data sources.
C.
The habitat management plan for sites within the portion of the mapped special flood hazard area within 200 feet of the OHWM of any lake, river or stream (SMC § 16.56.070(C)) shall contain:
1.
Site description and project description;
2.
A description of the habitat functions within the site;
3.
A discussion of the effects of the project on:
4.
A discussion of the degree to which the project includes bank armoring and channel straightening, and the effects of those activities on habitat functions;
6.
An evaluation of the effectiveness of the proposed mitigation and restoration measures;
7.
Any additional information necessary to determine the impacts of a proposal and mitigation of the impacts including use of low impact development, minimization of impervious surfaces, etc.; and
8.
Identification of any applicable data sources.
D.
Habitat management plans shall be forwarded to state and/or federal resource agencies with expertise regarding the particular fish or wildlife identified in the HMP for review and comment.
E.
Annual monitoring reports shall be provided to the city by the property owner until the mitigation and/or restoration has been in place for at least 10 years and the success standards have been met. Monitoring and maintenance may be extended if performance standards are not met. The applicant remains responsible for managing the mitigation project until the goals of the mitigation plan are achieved. The city shall forward the monitoring reports annually to the federal agencies with expertise regarding the particular fish or wildlife identified in the HMP along with the following:
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 37, 2003; Ord. 2532 § 10, 2015; Ord. 2596 § 9, 2017; Ord. 2596S § 9, 2017; Ord. 2909 § 25, 2025)
Based on the habitat assessment, habitat management plan, and comments from other agencies, the director may require mitigating measures to reduce the impacts of the proposal on critical habitat and/or fish or wildlife areas. Mitigating measures may include, but are not limited to, increased buffers, building setbacks, enhanced buffers, reduced project scope, limitations on construction hours, limitations on hours of operation, and relocation of access. Projects may be denied if the proposal will result in extirpation or isolation of other critical fish, wildlife, or plant species or their habitat. The authority of the State Environmental Policy Act shall provide possible mitigation for all areas of fish or wildlife habitat not covered by this chapter.
(Ord. 1546 § 1 (part), 1992; Ord. 2071 § 38, 2003; Ord. 2532 § 11, 2015; Ord. 2596 § 10, 2017; Ord. 2596S § 10, 2017)
A.
Based on the information provided in the habitat management plan, buffers of undisturbed native vegetation shall be provided to ensure retention of fish and wildlife habitat areas.
B.
Buffers established for fish and wildlife habitat areas shall be established by the director in order to provide adequate protection of the resource. The buffer shall be established in consultation with state and federal resource agencies. Buffers established by other regulations in this title shall be given substantial weight towards addressing the mitigation of fish and wildlife and habitat impacts.
C.
Buffers, consisting of undisturbed native vegetation, shall be required along all streams, as classified by the DNR water typing classification system (WAC 222-16-030).
2.
The buffer shall be separated from adjacent private property by a physical barrier such as, but not limited to, a pathway, berm, vegetation, or fence. The barrier shall be designed to allow for the movement of fish, including salmonid habitat, and wildlife and shall be approved by the director.
3.
The buffer shall be established by a permanent protective easement, public or private land trust dedication, or similar protective mechanism as approved by the director. An easement shall also be provided by the underlying property owner that grants the city access to the buffer for the placement of further conservation/restoration measures.
4.
Enhancement of the buffer shall not be required unless a buffer reduction is proposed pursuant to subsection (G) of this section.
5.
The width of the buffer shall be as established by the chart below:
DNR Water Type | Buffer Width in Feet |
|---|---|
Fish Bearing (F) | 100 feet |
Non-Fish Bearing perennial (Np) | 100 feet |
Non-Fish Bearing seasonal (Ns) | 100 feet |
D.
Functionally Disconnected Buffer Area. The director may waive or reduce the required buffer due to intervening structures, pursuant to SMC § 16.46.150(N).
E.
For projects in areas subject to the requirements of the Sumner Shoreline Master Program, the buffer widths and applicable regulations shall be established in the Sumner Shoreline Master Program.
F.
Buffers for non-typed or unknown waters shall be the same as those for fish bearing streams. Applicants or landowners may apply for a water type modification as outlined by Washington State Department of Natural Resources.
G.
Buffer Reductions. Buffers for streams which are not required by other regulations may be modified upon approval by the director, under procedures for Type II permits in chapter 18.56 SMC, Procedures for Land Use Permits, and a showing that the following are satisfied:
1.
There are no feasible alternatives to the site design or development that could be accomplished without buffer reduction; and
2.
The buffer is not reduced below 75 feet; and
3.
Buffers shall provide conservation or protection measures necessary to preserve or enhance anadromous fisheries including measures that protect habitat important for all life stages of anadromous fish, including, but not limited to, spawning and incubation, juvenile rearing and adult residence, juvenile migration downstream to the sea, and adult migration upstream to spawning areas. Habitat protection measures should be based on the best available science relevant to stream flows, water quality and temperature, spawning substrates, instream structural diversity, migratory access, estuary and nearshore marine habitat quality, and the maintenance of salmon prey species.
4.
Appropriate state and federal agencies shall be consulted if requirements of subsection (F)(2) or (F)(3) of this section are not possible and appropriate state agencies may be consulted; and
5.
Documentation provided demonstrates that fish, wildlife and plant habitat will not be harmed by the reduction in buffer area based on the proposed use and site development proposed; and
6.
The buffer area includes enhancement measures to improve the functional attributes of the buffer through the use of plantings of native plant species. The improvements must be shown to improve the habitat conditions for wildlife and shall be monitored per SMC § 16.56.080(C);
7.
Design and management measures in Table 1 are implemented; and
Table 1 – Required Measures to Minimize Impacts to Streams | |
|---|---|
Disturbance | Required Measures to Minimize Impacts |
Lights | Direct lights away from stream |
Noise | Locate activity that generates noise away from stream |
If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source | |
For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer stream buffer | |
Toxic runoff | Route all new, untreated runoff away from stream while ensuring stream is not dewatered |
Establish covenants limiting use of pesticides within 150 feet of stream | |
Apply integrated pest management | |
Stormwater runoff | Retrofit stormwater detention and treatment for roads and existing adjacent development |
Prevent channelized flow from lawns that directly enters the buffer | |
Use low intensity development techniques (for more information refer to the drainage ordinance and manual) | |
Change in water regime | Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns |
Pets and human disturbance | Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion |
Place stream and its buffer in a separate tract or protect with a conservation easement | |
Dust | Use best management practices to control dust |
8.
A best management practices plan addressing the proper design, layout, construction and use of the site is provided which is sufficient to mitigate impacts to wildlife and habitat areas; and
9.
Monitoring of mitigation actions shall be implemented to verify long-term functional improvement of the enhanced buffer area per SMC § 16.56.080(E); and
10.
The proposal includes a habitat management plan prepared by qualified professional biologist approved by the director that includes the submittal requirements in SMC § 16.56.080, Habitat management plans; and
11.
The stream buffer shall be retained in an undisturbed or enhanced condition for the life of the project.
H.
Partial Exemptions. The following uses are allowed in fish and wildlife habitat buffers:
1.
Activities directly related to the cultural, recreational, scientific and educational aspects of the stream and which have a minimal adverse impact on the buffer and wildlife area. These may include passive recreational facilities, trails, view points, short-term scientific educational facilities, and sports fishing and hunting;
2.
Public utility corridors and large-scale public recreational facilities such as regional trails and parks may be allowed in buffer areas, through obtaining a RWHA permit; provided, that the proposal is subject to review under the State Environmental Policy Act, and that the structure and function of impacted fish and wildlife habitat is replaced and restored and mitigated; and that appropriate federal and state agencies are notified of the project.
(Ord. 1546 § 1 (part), 1992; Ord. 1906 §§ 5, 6, 1999; Ord. 2071 § 39, 2003; Ord. 2532 § 12, 2015; Ord. 2909 § 26, 2025)