[1]
Prior legislation: Ord. 1243.
A. 
For purposes of these regulations, streams and other fish and wildlife habitat areas are those that meet any of the following criteria:
1. 
Areas with which state or federally designated endangered, threatened, and critical sensitive species have a primary association;
2. 
Habitats of local importance, including, but not limited to, areas designated as priority habitat by the Washington State Department of Fish and Wildlife and fish habitat associated with resident fish species within the upper Snoqualmie Watershed, including all habitats associated with the following resident native fish species likely to occur in North Bend rivers and streams: cutthroat trout, rainbow trout, mountain whitefish, largescale sucker, longnose dace, shorthead sculpin, mottled sculpin, western brook lamprey, and threespine stickleback;
3. 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and or wildlife habitat;
4. 
Waters of the state, including lakes, rivers, ponds, and streams;
5. 
State natural area preserves and natural resource conservation areas; and
6. 
Land essential for preserving connections between habitat blocks and open spaces.
B. 
All areas within the city meeting one or more of the above criteria, regardless of any formal identification, are designated critical areas and are subject to the provisions of this chapter. The approximate location and extent of known streams and other fish and wildlife habitat areas are depicted within the map series on file with the city. These mapped areas are comprised of Type S and F streams and their buffers, and associated wetlands. Associated wetlands may be partially or fully within a neighboring wetland, stream, and their buffers, or adjacent to designated fish and wildlife habitat areas. The map may be periodically revised by the city to add or remove areas based on additional information.
(Ord. 1688 § 5 (Exh. D (part)), 2019)
A. 
Streams within the city shall be classified by the following stream typing system, as defined in WAC 222-16-030:
1. 
Type S (Shorelines). All waters designated as "shorelines of the state" (according to Chapter 14.20 NBMC, Shoreline Regulations);
2. 
Type F (Fish). Segments of natural waters other than Type S waters that are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water that in any case contain fish habitat or are described by one of the four categories in WAC 222-16-030(2);
3. 
Type Np (Non-Fish Perennial). All segments of natural waters within the bankfull width of defined channels that are perennial non-fish-habitat streams. Perennial streams are waters that do not go dry at any time during 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;
4. 
Type Ns (Non-Fish Seasonal). 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 water. Ns waters must be physically connected by an aboveground channel system to Type S, F, or Np waters.
B. 
Streams and other fish and wildlife habitat areas are shown in the city's map series on file and identify the approximate locations of rivers and streams in the North Bend vicinity and is intended to be used as a guide for development proposals. Those streams that have not been classified will be typed according to the system summarized in subsection A of this section on the characteristics observed in the field. The map and/or map series may be periodically revised by the city to add or remove areas based on additional information.
(Ord. 1688 § 5 (Exh. D (part)), 2019)
The following buffers, also referred to as riparian management zones, are the minimum requirements for streams. Some existing developments are vested and do not meet these buffers. All buffers shall be measured from the ordinary high water mark (OHWM) as surveyed in the field consistent with Ecology's OHWM delineation manual (Anderson et al. 2016), as updated. The manual is titled Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State, available at: https://apps.ecology.wa.gov/publications/documents/1606029.pdf.
A. 
Aquatic Buffers for Streams.
1. 
Buffers for Type S streams shall be determined according to Chapter 14.20 NBMC.
2. 
Type F streams shall have a 115-foot buffer on each side of the channel.
3. 
Type Np streams shall have a 65-foot buffer on each side of the channel.
4. 
Type Ns streams in open space or undeveloped areas shall have a 65-foot buffer on each side of the channel, unless otherwise noted in subsection (A)(5) of this section.
5. 
Type Ns streams in existing built out developed areas as depicted within the map series on file with the city shall have a 25-foot buffer on each side of the channel. These areas are primarily existing single-family residential lots in the Silver Creek neighborhood east of Ballarat. No reduction in this 25-foot buffer is allowed.
B. 
Terrestrial Buffers. Buffer widths and setbacks for the protection of listed species outside of streams and stream buffers shall be determined on a site-specific basis. Appropriate buffers shall be documented in an approved habitat management plan.
C. 
Averaging Buffers and Reducing Buffers. The director will consider the allowance of stream buffer averaging and reduction only when any reductions in buffer area width would not adversely impact the critical area and/or buffer functions and values. At a minimum, any proposed buffer averaging or buffer reduction shall meet the following criteria:
1. 
Buffer averaging shall be preferred over buffer reduction; proposals for buffer reduction shall only be approved on a case-by-case basis, and only where the existing buffer condition is degraded (due to existing development within the prescribed buffer width, the presence of significant amount of invasive vegetation that impairs buffer function, and/or lack of native vegetation); provided, that the following criteria are met:
a. 
Any buffer reduction proposal must demonstrate to the satisfaction of the director that it will not result in direct, indirect or long-term adverse impacts to watercourses; and
b. 
The remaining buffer is enhanced in accordance with an approved buffer enhancement plan, prepared by a qualified professional, to retain existing native vegetation and install additional native vegetation in order to improve the buffer function;
2. 
Wherever buffer averaging is proposed, the buffer area after averaging shall be no less than that which would be contained within the standard buffer, and shall demonstrate how variations in the existing function of the buffer are integrated into the averaging proposal to maximize retention of forest canopy and native vegetation;
3. 
The approved Type F and Type Np buffer widths shall not be reduced by more than 25 percent at any one point as a result of the buffer averaging or reduction, and Type Ns buffer widths shall not be reduced by more than 50 percent at any one point as a result of the buffer averaging or reduction;
4. 
For buffer averaging proposals, the additional buffer area shall be enhanced if necessary, to achieve no net loss of the critical areas functions and values;
5. 
For buffer averaging proposals, the additional buffer is contiguous with the standard buffer; and
6. 
For any buffer averaging or reduction proposal, encroachment into the buffer does not occur waterward of the top of an associated steep slope or into a channel migration zone.
D. 
Increased Buffers. The director may require increased buffer sizes when a critical area report shows that it is necessary to protect the function and value of the critical area when either the critical area is particularly critical to disturbance or the development poses unusual impacts. Examples of circumstances that may require buffers beyond minimum requirements include, but are not limited to:
1. 
Unclassified uses;
2. 
The critical area is a fish and wildlife habitat area for spawning or rearing as determined by the Washington State Department of Fish and Wildlife;
3. 
Land located within the development proposal that is adjacent to the critical area and its associated buffer is classified as an erosion hazard area; or
4. 
A trail or utility corridor in excess of 10 percent of the buffer width is proposed for inclusion in the buffer.
(Ord. 1688 § 5 (Exh. D (part)), 2019; Ord. 1827 § 10, 2025)
A. 
Applicability – No Degradation. The requirements provided in this section supplement those identified in Chapter 14.05 NBMC. The following activities or uses may be permitted in streams and/or their buffers when the mitigation sequencing requirements of NBMC § 14.05.250 are followed, and the applicant can show that the proposed activity will not degrade the functions and values of the stream, stream buffer, or other critical area:
1. 
Stream Crossings. Stream crossings shall be minimized, but when necessary they shall conform to the following standards as well as other applicable laws (see 2013 Washington State Department of Fish and Wildlife (WDFW) Water Crossing Design Guidelines along with consideration of NMFS's 2011 Anadromous Salmonid Passage Facility Design):
a. 
The stream crossing is the only reasonable alternative that has the least impact;
b. 
It has been shown in the critical area report that the proposed crossing will not decrease the stream and associated buffer functions and values;
c. 
The stream crossing shall use bridges instead of pipe or box culverts unless it can be demonstrated that a pipe or box culvert would result in equal or less ecological impacts;
d. 
All stream crossings using pipe culverts shall use super span or oversized culverts with appropriate fish enhancement measures. Culverts shall not obstruct fish passage;
e. 
All stream crossings shall follow WDFW's 2013 Water Crossing Design Guidelines, or as updated, along with consideration of NMFS's 2011 Anadromous Salmonid Passage Facility Design, or as updated. Stream crossing design shall follow the best available science and be coordinated with WDFW.
f. 
All stream crossings shall be constructed during the summer low flow period between June 15th and September 15th or as specified by the State Department of Fish and Wildlife in the hydraulic project approval;
g. 
Stream crossings shall not occur through fish spawning areas unless no other feasible crossing site exists;
h. 
Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;
i. 
The natural drainage pattern and discharges of the upstream drainage basin, up to the runoff event having an exceedance probability of 0.01, shall not be altered or diminished by a stream crossing;
j. 
Stream crossings shall minimize interruption of downstream movement of wood and gravel;
k. 
Stream crossings shall be designed to facilitate routine maintenance of culverts and bridges; and
l. 
Stream crossings shall be minimized by serving multiple properties whenever possible.
2. 
Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. Fishing platforms or docks shall be included in the list of permitted trail improvements for streams, subject to shoreline regulations.
3. 
Utilities. The criteria for alignment, construction, and maintenance within wetland buffers shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body where feasible. Crossings shall be contained within the existing footprint of an existing or new road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than 60 degrees to the centerline of the channel. The criteria for stream crossing shall also apply.
4. 
Stormwater conveyance facilities; provided, that they are only located in the buffer when no practicable alternative exists outside the buffer. Stormwater facilities shall be planted with native plantings where feasible to provide habitat, and/or less intrusive facilities should be used.
5. 
Septic Systems. New septic systems are prohibited in the inner stream buffers.
6. 
Stream bank stabilization shall only be allowed when it is shown, through a stream bank stability assessment conducted by a qualified fluvial geomorphologist or hydraulic engineer, that such stabilization is required for public safety reasons, that no other less intrusive actions are possible, and that the stabilization will not degrade instream or downstream channel stability. Stream bank stabilization shall utilize bioengineering or soft armoring techniques unless otherwise demonstrated. Stream bank stabilization shall conform to the Integrated Streambank Protection Guidelines developed by the Washington State Department of Fish and Wildlife, 2002, or as revised. Stabilization measures must demonstrate the following:
a. 
Natural shoreline processes will be maintained. The project will not result in increased erosion or alterations to, or loss of, shoreline substrate within one-quarter mile of the project area;
b. 
The stabilization measures will not degrade streams and other fish or wildlife habitat areas or associated wetlands; and
c. 
Adequate mitigation measures ensure that there is no net loss of the functions or values of riparian habitat.
7. 
Maintenance, repair, or replacement of lawfully established existing bank stabilization is allowed, provided it does not increase the height or linear amount of bank and does not expand waterward or into aquatic habitat landward.
8. 
Activities and uses as allowed under Chapter 14.05 NBMC.
(Ord. 1688 § 5 (Exh. D (part)), 2019; Ord. 1827 § 11, 2025)
The requirements provided in this section supplement those identified in NBMC § 14.05.240, Critical area reports/studies. Streams and other fish and wildlife habitat areas may be altered only if the proposed alteration or the mitigation proposed does not degrade the qualitative functions and values of the habitat. All new structures and land alterations shall be prohibited from streams and other fish and wildlife habitat areas, except in accordance with this chapter. Additional standards follow:
A. 
No development shall be allowed within a stream or other fish and wildlife habitat area or any associated buffer with which state or federally endangered, threatened, priority, or critical species have a primary association.
B. 
Whenever development is proposed adjacent to a stream or other fish and wildlife habitat area with which state or federally endangered, threatened, or critical species have a primary association, such areas shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the director.
C. 
Habitat Assessment. An applicant of a development proposal or alteration in or adjacent to a stream or other fish and wildlife habitat area shall prepare and submit, as part of its critical areas study, a habitat study that identifies which, if any, listed species are using that stream or other fish and wildlife habitat area. If one or more listed species are using stream or other fish and wildlife habitat area, the following additional requirements shall apply:
1. 
An applicant shall include in its critical area study a habitat management plan that identifies the qualities that are essential to maintain feeding, breeding, and nesting of listed species using the stream or other fish and wildlife habitat area and that identifies measures to minimize the impact on these ecological processes from proposed activities. The applicant shall be guided by the document Management Recommendations for Washington's Priority Habitats and Species, issued by the Washington State Department of Wildlife, May 1991, and as may be amended, and by any recovery and management plans prepared by the Washington State Department of Fish and Wildlife for the listed species pursuant to WAC 232-12-297(11); and
2. 
Conditions shall be imposed, as necessary, based on the measures identified in the habitat management plan.
D. 
Consultation with the State Department of Fish and Wildlife and the appropriate federal agency for approval of alteration of land in streams or other fish and wildlife habitat areas, buffers, or any associated setback zones is encouraged and required only in specific circumstances at the discretion of the director.
E. 
No plant, wildlife, or fish species not indigenous to the region shall be introduced into a stream or other fish and wildlife habitat area unless authorized by a state or federal permit or approval.
F. 
Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, the following provisions shall apply to the alteration:
1. 
Watercourse alteration projects shall not result in blockage of side channels. Known fish barriers into side channels shall be removed as part of an approved watercourse alteration project;
2. 
Removal of large woody debris (LWD) and vegetation, including salvage logging, shall be avoided or minimized unless it is demonstrated that the LWD poses an imminent safety hazard to the public, property, or structures, or when it is part of a larger restoration project. Any removal that is unavoidable shall be mitigated by replanting with native vegetation and by augmenting lost LWD where LWD can be anchored in such a way to provide fisheries, riparian, or shoreline erosion benefits, and to avoid safety hazards where recreational boating and swimming are expected; and
3. 
The applicant shall maintain the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished. Maintenance shall be bonded for a period of five years and be in accordance with an approved maintenance program.
G. 
The director shall condition approval of activities allowed within a stream or other fish and wildlife habitat area or its buffer, as necessary, pursuant to the approved critical area report and habitat management plan to minimize or mitigate any potential adverse impacts. Conditions may include:
1. 
Establishment of buffer zones outside of the required stream and wetland buffers, on a case-by-case basis, as may be necessary to retain adequate natural habitat for listed species;
2. 
Preservation of critical, important vegetation and/or habitat features (e.g., snags);
3. 
Limitation of access to the habitat area, including fencing (on a case-by-case basis) to deter unauthorized access (note: fencing shall not create a barrier to habitat function);
4. 
Seasonal restrictions of construction activities;
5. 
Establishment of a duration and timetable for periodic review of mitigation activities; and
6. 
Requirement of a performance bond, when necessary, to ensure successful completion.
(Ord. 1688 § 5 (Exh. D (part)), 2019)
A. 
Activities, uses, and alterations proposed to be located in water bodies used by resident fish species of local importance, including cutthroat trout, rainbow trout, mountain whitefish, largescale sucker, longnose dace, shorthead sculpin, mottled sculpin, western brook lamprey, and threespine stickleback, or in areas that affect such water bodies, shall give special consideration to the preservation and enhancement of fish habitat, including, but not limited to, the following:
1. 
Activities shall be timed to occur only during the allowable work window as designated by the State Department of Fish and Wildlife;
2. 
An alternative alignment or location for the activity is not feasible;
3. 
The activity is designed so that it will minimize the degradation of the functions or values of the fish habitat or other critical areas; and
4. 
Any impact to the functions and values of the stream or other fish and wildlife habitat area are mitigated in accordance with an approved critical area report.
B. 
Structures that prevent the migration of resident fish species shall not be allowed in the portion of water bodies currently or historically used by resident fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent juveniles migrating downstream from being trapped or harmed.
C. 
Fills, when authorized, shall minimize the adverse impacts to fish habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses.
(Ord. 1688 § 5 (Exh. D (part)), 2019)
Project applicants shall certify that development proposals are in compliance with federal bald eagle guidelines as a condition of local permit approval.
(Ord. 1688 § 5 (Exh. D (part)), 2019)
A. 
A habitat management plan may be required by the director when the critical area review of a development proposal determines that the proposed activity will have an adverse impact on a stream or other fish and wildlife habitat area.
B. 
A habitat management plan shall be prepared by Washington State Department of Fish and Wildlife (WDFW) or by a qualified biologist consistent with WDFW management recommendations. The director may require consultation with WDFW to evaluate habitat management plans for complicated or controversial projects. A habitat management plan shall address the following mitigation measures:
1. 
Reduction or limitation of development activities within the critical area and buffers;
2. 
Use of low impact development techniques or clustering of development on the subject property to locate structures in a manner that preserves and minimizes the adverse effects to habitat areas;
3. 
Seasonal restrictions on construction activities on the subject property;
4. 
Preservation and retention of habitat and vegetation on the subject property in contiguous blocks or with connection to other habitats that have a primary association with a listed species;
5. 
Establishment of expanded buffers around the critical area;
6. 
Limitation of access to the critical area and buffer; and
7. 
The creation or restoration of a habitat area for listed species.
(Ord. 1688 § 5 (Exh. D (part)), 2019)