Fish and wildlife conservation areas include:
(a) 
Lands containing priority habitats and species, including plant and/or animal species listed on Federal or State threatened or endangered species lists.
(b) 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, waste-water treatment facilities, farm ponds, temporary construction ponds (of less than three years' duration), and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority.
(c) 
Waters of the State, as defined in WAC Title 222, Forest Practices Rules and Regulations. Waters of the State shall be classified using the system in WAC 222-16-030. In classifying waters of the State as fish and wildlife habitats the following shall be used:
(1) 
Species are present which are endangered, threatened or sensitive;
(2) 
Existing surrounding land uses are incompatible with salmonid and other game fish habitat;
(3) 
Presence and size of riparian ecosystem;
(4) 
Existing water rights.
(d) 
Lakes, ponds, and streams planted with game fish (defined at RCW 77.08.020), including those planted under the auspices of Federal, State, local, or tribal programs, or which support priority fish species as identified by the Department of Fish and Wildlife.
(e) 
State natural area preserves and natural resource conservation areas.
(f) 
Habitats or species of local importance. Such habitats or species may be locally listed per the process elucidated in Section 14.88.415.
(g) 
Streams shall be classified according to the stream type system as provided in WAC 222-16-030, Stream Classification System, as amended.
(1) 
Type S Stream. Those streams, within their ordinary high water mark, as inventoried as shorelines of the State under Chapter 90.58 RCW and the rules promulgated pursuant thereto.
(2) 
Type F Stream. Those stream segments within the ordinary high water mark that are not Type S streams, and which are demonstrated or provisionally presumed to be used by fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and have a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a gradient of 20 percent or less for basins greater than 50 acres in size, are provisionally presumed to be used by fish. A provisional presumption of fish use may be refuted at the discretion of the Planning and Community Development Director where any of the following conditions are met:
(i) 
It is demonstrated to the satisfaction of the City that the stream segment in question is upstream of a complete, permanent, natural fish passage barrier, above which no stream section exhibits perennial flow;
(ii) 
It is demonstrated to the satisfaction of the City that the stream segment in question has confirmed, long-term, naturally occurring water quality parameters incapable of supporting fish;
(iii) 
Sufficient information about a geomorphic region is available to support a departure from the characteristics described above for the presumption of fish use, as determined in consultation with the Washington Department of Fish and Wildlife, the Department of Ecology, affected tribes, or others;
(iv) 
The Washington Department of Fish and Wildlife has issued a hydraulic project approval, pursuant to RCW 77.55.100, which includes a determination that the stream segment in question is not used by fish; and
(v) 
No fish are discovered in the stream segment in question during a stream survey conducted according to the protocol provided in the Washington Forest Practices Board Manual, Section 13, Guidelines for Determining Fish Use for the Purpose of Typing waters under WAC 222-16-031; provided, that no unnatural fish passage barriers have been present downstream of said stream segment over a period of at least two years.
(3) 
Type Np Stream. Those stream segments within the ordinary high water mark that are perennial and are not Type S or Type F streams. However, for the purpose of classification, Type Np streams include intermittent dry portions of the channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Washington Forest Practices Board Manual, Section 23), then said point shall be determined by a qualified professional selected or approved by the City.
(4) 
Type Ns Stream. Those stream segments within the ordinary high water mark that are not Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not present for at least some portion of a year of normal rainfall that are not located downstream from any Type Np stream segment.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 903, Sec. 54, 2013; Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
The boundaries of fish and wildlife conservation areas shall be determined by the Planning and Community Development Director or designee, who may rely on a Departmental approved biological resources survey prepared by a qualified wildlife biologist per the Department's Biological Resources Survey Guidelines. Such a report would be supplied by the applicant of a permit.
(b) 
The boundary of the creek, stream, river, lake, or other surface water shall be determined by the Planning and Community Development Director or designee, relying on a delineation by a licensed surveyor or other comparable expert. Such boundary shall be contiguous with the 100-year floodplain designations as adopted by the City, or where such a designation has not been adopted by the City, the 100-year floodplain designation of the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program where it has been delineated (shown on Flood Insurance Rate Maps (FIRM)). Where this information does not exist, the boundary determination shall be made by a licensed surveyor and based upon the same criteria used by FEMA. This determination shall be confirmed by the City Engineer.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
Species or habitats may be listed as a species or habitat of local importance by the City Council according to the following process:
(1) 
An individual or organization must:
(i) 
Demonstrate a need for special consideration based on:
a. 
Declining populations;
b. 
Sensitivity to habitat manipulation; or
c. 
Commercial or game value or other special value, such as public appeal.
(ii) 
Propose relevant management strategies considered effective and within the scope of this chapter.
(iii) 
Provide species or habitat location(s) on a map.
(2) 
Submitted proposals will be reviewed by the Planning and Community Development Director or designee and forwarded to the Departments of Fish and Wildlife and Natural Resources, and/or other local, State, Federal, or tribal agencies or experts for comment and recommendation regarding accuracy of data and effectiveness of proposed management strategies.
(3) 
The City Council will hold a public hearing for proposals found to be complete, accurate, potentially effective, and within the scope of this chapter. Approved nominations will become designated a species or habitat of local importance and will be subject to the provisions of this chapter.
(b) 
Species or habitats of local importance include:
(1) 
[None adopted as of May 1, 1995]
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 984 Sec. 3 (Exh. C), 2019)
Except where regulated by other sections of this or any other title or law, the following uses shall be allowed within fish and wildlife conservation areas when the requirements of Section 14.88.430 have been met and mitigation adequate to alleviate any other impacts has been proposed:
(a) 
Those activities listed in Section 14.88.220.
(b) 
Activities consistent with the species located there and all applicable State and Federal regulations regarding the species, as determined by the Planning and Community Development Director or designee, who may consult with other resource agencies as to their recommendations.
(c) 
Bridges and other crossings over streams for public and private rights-of-way.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 984 Sec. 3 (Exh. C), 2019)
(a) 
Except as provided in this subsection, a 50-foot buffer shall be required for all regulated activities adjacent to fish and wildlife conservation areas. All buffers shall be measured from the fish and wildlife conservation area boundary as surveyed in the field. The width of the buffer may be increased depending on the habitat value and the proposed land use.
(b) 
Buffer widths may be increased based on recommendations by the Department of Fish and Wildlife based on their Management Recommendations for Priority Habitats and Species.
(c) 
To retain the natural functions of streams and stream corridors, the following streamside buffers shall be maintained:
(1) 
For ravines with banks greater than 10 feet in depth, maintain the existing or native vegetation within the ravine and a strip 25 feet from the top of the bank;
(2) 
Where there is no ravine or the bank is less than 10 feet in depth, maintain existing or native vegetation on both sides of the stream as measured from the ordinary high water mark (OHWM), in accordance with Table 14.88-I, which sets forth the required buffer widths based on classification of stream types:
Table 14.88-I: Stream Buffer Width
Stream Type
Buffer
S
150 feet
F
100 feet
Np
50 feet
Ns
50 feet
(d) 
Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark, or from the top of the bank if the ordinary high water mark cannot be identified, or from the outer edge of the channel migration zone when present.
(e) 
The Planning and Community Development Director may modify the buffer widths in the above table in accordance with the following:
(1) 
Buffer widths may be increased as necessary to fully protect riparian functions. For example, the buffer may be extended to the outer edge of the floodplain or windward into an area of high tree blow-down potential as determined by an arborist.
(2) 
Buffer widths may be reduced in exchange for restoration and enhancement of degraded areas in accordance with an approved plan, or for buffer averaging in accordance with Section 14.88.275 and subsection (e)(4) of this section.
(3) 
If the stream enters an underground culvert or pipe, and is unlikely to ever be restored aboveground, the Planning and Community Development Director may waive the buffer along the undergrounded stream; provided, that where the stream enters and emerges from the pipe the opposite outer edges of the buffer shall be joined by a radius equal to the buffer width, with said radius projecting over the piped stream.
(4) 
Stream buffer widths may be modified by averaging. In no instance shall the buffer width be reduced by more than 25 percent of the standard buffer. Stream buffer width averaging shall only be allowed when the applicant demonstrates the following:
(i) 
A site-specific evaluation and documentation of buffer adequacy is based on consideration of the best available science as described in Section 14.88.235; and
(ii) 
A buffer enhancement plan is proposed that would significantly improve the functions and values of the stream buffer(s); and
(iii) 
The averaging will not impair or reduce the habitat, water quality purification and enhancement, stormwater detention, groundwater recharge, shoreline protection and erosion and other functions and values of the stream and buffer.
(5) 
Buffer widths may be modified if the subject property is separated from the stream channel by preexisting, intervening, and lawfully created structures, public roads, or other substantial preexisting intervening improvements. The intervening structures, public roads, or other substantial improvements must separate the subject upland property from the stream channel by height or width, preventing or impairing the delivery of buffer functions to the steam channel. In such cases, the reduced buffer width shall reflect the buffer functions that can be delivered to the stream channel.
(f) 
Development in the shorelines of State-wide significance is regulated under Appendix B of the City's State-approved Shoreline Master Program (SMP).
(g) 
To protect the natural functions and aesthetic qualities of a stream and stream buffer, a detailed temporary erosion control plan which identifies the specific mitigating measures to be implemented during construction to protect the water from erosion, siltation, landslides and hazardous construction materials shall be required. The City shall review the plan with the appropriate State, Federal and tribal agencies and any adjacent jurisdiction.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 811, Sec. 92, 2010; Ord. 898, Sec. 8, 2013; Ord. 984 Sec. 3 (Exh. C), 2019)
In order to avoid significant environmental impacts, the applicant for a land use or development permit may consider performing the following actions, listed in order of preference. What is considered adequate mitigation will depend on the nature and magnitude of the potential impact as determined in accordance with Section 14.88.275.
(a) 
Dedicate an exclusive open space easement for the protection of wildlife and/or habitat, creeks, streams, rivers, lakes, or other surface water over the creeks, streams, rivers, lakes, or other surface water and a buffer consistent with the standards listed in Section 14.88.430. Where such mitigation leads to or would in the opinion of the Planning and Community Development Director lead to a court finding of a taking, the below listed mitigation may be considered.
(b) 
Where on-site protection is not possible, dedicate an exclusive easement for the protection of an equivalent (in type and value) waterway over the waterway and a 50-foot buffer on an off-site waterway at a 2:1 ratio. The location of any off-site waterway shall be located as near to the site as possible, in accordance with the following preferred order:
(1) 
Contiguous to the impacted waterway;
(2) 
Within the same drainage basin;
(3) 
Elsewhere within the City;
(4) 
Within the Lake Stevens UGA;
(5) 
Within the region.
(c) 
The applicant may propose innovative site design based on the best available science and pursuant to Section 14.88.298 if the innovative development design will achieve protection equivalent to or better than the standard provisions of this chapter. Approval of the innovative site design will be considered in combination with criteria listed in Section 14.88.298 if the design achieves the following:
(1) 
The site design avoids all impacts to the critical area and minimizes buffer impacts; or
(2) 
The site design increases the functions and/or values of the stream channel and buffer with a combination of the following measures:
(i) 
Increasing canopy-cover shade in the riparian zone to maintain cool stream temperatures and regulate micro-climates in the stream-riparian corridor;
(ii) 
Reducing fine sediment input in the stream system through hydrologic retention, filtration and stream bank protection;
(iii) 
Stabilizing stream banks, and minimizing stream bank erosion;
(iv) 
Filtering and reducing potential of impact pollutants from groundwater and surface water runoff;
(v) 
Increasing large woody debris and coarse particulate matter into the stream channel for habitat and to moderate stream flow;
(vi) 
Increasing critical wildlife habitat along stream-associated migration corridors;
(vii) 
Increasing in-stream habitat for aquatic, amphibian, invertebrate and resident and/or anadromous fish species.
(Ord. 741, Sec. 2, 2007; Ord. 773, Sec. 2, 2008; Ord. 984 Sec. 3 (Exh. C), 2019)