(1) 
The purpose of this article is to allow the reasonable use of private property, while:
(a) 
Encouraging no net loss of habitat functions and values within designated habitat areas; and
(b) 
Conserving the functional integrity of the habitats that are necessary to perpetually support fish and wildlife populations.
(2) 
Key priorities of the article are to:
(a) 
Identify and protect areas with which endangered, threatened, and sensitive species have a primary association;
(b) 
Identify and protect habitats and species of local importance, including waters of the state, lakes, ponds, and terrestrial and riparian habitats that are essential to their protection; and
(c) 
Give special consideration to conservation or protection measures that are necessary to preserve or enhance anadromous fisheries.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
The administration of this article shall occur in accordance with Article I of this chapter, and the standards listed below.
(1) 
Review. Projects proposed in or near fish and wildlife habitat conservation areas shall utilize the following thresholds for review:
(a) 
Aquatic Habitat.
(i) 
When a development is within 200 feet of an aquatic habitat (as specified in Table 17.38-6), the applicant shall submit an aquatic habitat area assessment report that meets the requirements of LCC § 17.38.070 and § 17.38.500.
(ii) 
Proposals to impact an aquatic critical area or its buffer beyond what is allowed under the standards for buffer width reductions (LCC § 17.38.430) may only be approved under a reasonable use exception or variance request (LCC § 17.38.1010). The application shall meet the requirements in LCC § 17.38.1010.
(b) 
WDFW Priority and Locally Important Habitats and Species.
(i) 
WDFW Consultation Required. At the discretion of the administrator, when a project is located within an area likely or known to be a habitat of local importance or habitat for an endangered, threatened, sensitive, or locally important species, the application shall be sent to the WDFW for their consultation.
(A) 
This consultation is meant to ensure that the proposal adequately addresses the management recommendations of the Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species Program.
(B) 
No WDFW consultation shall be required for accessory uses on existing sites that are shown as having avian habitat, but where no mature trees will be removed.
(C) 
Threatened, Endangered, and Sensitive Species. Areas in which federally listed species are found, have a primary association with, or contain suitable habitat for said listed species, as listed in the U.S. Fish and Wildlife's Threatened and Endangered Species List or Critical Habitat List (http://ecos.fws.gov/ecp/), as amended.
(D) 
WDFW Priority Species. Areas in which state-listed priority species are found, have a primary association with, or contain suitable habitat for, said listed species, as listed in the Washington Department of Fish and Wildlife's Priority Habitats and Species List (http://wdfw.wa.gov/mapping/phs/), as amended.
(E) 
WDFW Priority Habitats. State priority habitats and areas associated with state priority species as listed in Washington Department of Fish and Wildlife's Priority Habitats and Species List (http://wdfw.wa.gov/mapping/phs/), as amended.
(F) 
Species and Habitats of Local Importance. Species and habitats of local importance are listed in Table 17.38-6.
(ii) 
When the WDFW determines that a proposal is likely to impact a locally important habitat or an endangered, threatened, sensitive species, or a locally important species, the applicant shall:
(A) 
Follow the WDFW management recommendations; or
(B) 
Prepare a fish and wildlife habitat mitigation plan that meets the requirements of LCC § 17.38.080 and § 17.38.510.
(iii) 
The administrator shall not permit a development where a net loss of habitat functions and values will occur.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
The following locations are designated as fish and wildlife habitat conservation areas:
Table 17.38-6
Regulated Area
Aquatic Habitat
The following resources are identified as aquatic habitat critical areas for the purposes of this article:
(a) Waters of the state as defined in RCW 77.55.011 and 90.56.010, but not including shorelines of the state as defined in RCW 90.58.010.
(b) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat.
(c) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
(d) Streams and lakes meeting the classifications of subsection (1) of this section.
(e) Aquatic habitat does 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.
Habitat Corridors
Those corridors set aside and protected for preserving connections between habitats on development proposal sites that contain streams and/or wetlands with a moderate to high habitat score greater than or equal to six on the Washington State Wetland Rating System for Western Washington (Department of Ecology 2014 or as revised) that are located within 200 feet of an on-site or off-site stream and/or wetland with a moderate to high habitat score greater than or equal to six on the Washington State Wetland Rating System for Western Washington. Fish and wildlife habitat corridors do not increase stream buffers, except as required to provide a connection between two features as described above.
WDFW Priority Habitats and Species
Areas identified by and consistent with WDFW priority habitats and species criteria for federal or state endangered, threatened or sensitive species and those areas which these species have a primary association. The county shall defer to WDFW in regards to classification, mapping and interpretation of priority habitats and species.
Locally Important Habitat and Species
The following species of local importance and locally important habitat areas:
(a) Elk wintering habitat;
(b) Western brook lamprey;
(c) Pacific lamprey; and
(d) Fresh water mussels.
Designated Wildlife Areas
State natural area preserves, conservation areas, and state wildlife areas. No buffers shall be required adjacent to the areas, since the preserves and conservation areas are assumed to encompass the land required for species preservation.
(1) 
Stream and Lake Classification.
(a) 
Streams and lakes are classified in accordance with the Washington State Department of Natural Resources (DNR) as provided in WAC 222-16-030, with the following revisions:
(i) 
"Type S water" means all waters identified as shorelines of the state under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, including periodically inundated areas of their associated wetlands. Type S waters are regulated entirely by the Lewis County shoreline master program.
(ii) 
"Type F water" means segments of natural waters other than Type S waters, as defined by the ordinary high water mark and periodically inundated areas of their associated wetlands, except as regulated by LCC § 17.38.220, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat, as well as riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat.
(iii) 
"Type Np water" means all segments of natural waters within defined channels that are perennial nonfish habitat. 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.
(iv) 
"Type Ns water" means all segments of natural waters within defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish 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) 
Stream typing data from the Washington State Department of Natural Resources (DNR) is utilized to show the approximate location of streams and their types.
(i) 
Where a stream is shown on the DNR mapping, but no stream is present or the location is in error, the administrator may waive the requirements for additional studies after a qualified professional prepares a site investigation that details the existing stream conditions.
(ii) 
Where a question about the correct stream type exists, Lewis County may consult with WDFW about the appropriate stream classification.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1) 
Buffers. The buffer widths in Table 17.38-7 have been established in accordance with best available science.
Table 17.38-7
Stream Type
Buffer Width1
Type F waters (defined by WAC 222-16-030, as amended)
150 feet4
Type Np and Ns waters (defined by WAC 222-16-030, as amended)
75 feet
Areas extending outward from the ordinary high water mark on each side of a stream to the following distances2,3
1 Buffer widths in the table assume it is vegetated with a native plant community appropriate for the ecoregion or with one that performs similar functions.
2 Numbers shown within the table represent required "buffers." Aquatic habitat buffers may be modified per the standards in subsection (2) of this section and LCC § 17.38.435.
3 Type S streams, and lakes and ponds over 20 acres in size, in Lewis County are regulated under the shoreline master program.
4 Projects along Type F streams, which are less than 10 feet in width, may reduce their required buffer to 100 feet when a qualified professional submits a report that details the width of the stream as it travels through the project site.
(2) 
Buffer widths may be reduced in the following instances without the submittal of a mitigation plan:
(a) 
Functionally Disconnected Buffer Area Where Existing Roads or Structures Lie Within the Buffer.
(i) 
The administrator may exclude buffer area that is functionally disconnected by a legally established substantial improvement such as a road, railroad, or structure serves to eliminate or greatly reduce the impact of a proposed activity upon an aquatic habitat buffer.
(ii) 
Where such a substantial improvement exists, the buffer may be reduced to the critical area edge of the existing substantial improvement.
(iii) 
If a project has the potential to impact the functions of an aquatic habitat or its buffer, even though such a substantial improvement exists, the administrator shall require the applicant to submit an aquatic habitat assessment report to ensure that no net loss of ecological values and functions occurs. A mitigation plan may be required.
(iv) 
As used within this section only, substantial improvements shall include developed public infrastructure such as roads and railroads, and private improvements such as homes, commercial structures, and paved parking lots. Substantial improvements shall not include paved trails, sidewalks, private driveways, resident parking areas, and accessory buildings that do not require a building permit.
(v) 
Where questions exist regarding whether a development functionally disconnects the buffer, or the extent of that impact, the administrator may require a critical area report to analyze and document the buffer functionality.
(b) 
Legally Established Buffers.
(i) 
Where a buffer has been previously established on a legally created parcel or tract that was legally established according to the regulations in place at the time of establishment and is permanently recorded on title or placed within a separate tract, and the parcels that are included on the plat at the time of recording of the subject parcel or tract, then the buffer may remain as previously established, provided:
(A) 
It is equal to or greater than 50 percent of the required standard buffer distance for the applicable water type; and
(B) 
Meets vegetative buffer standards described in subsection (1) of this section; and
(C) 
Impact minimization measures are applied. See Table 17.38-4 for more information.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
The administrator may allow modification of the standard buffer width in accordance with the best available science on a case-by-case basis by averaging buffer widths. Applicants cannot use buffer averaging and buffer reduction allowances together. An applicant may request to average the width of a buffer, thereby reducing the width of a portion of the buffer and increasing the width of another portion, if all of the following requirements are met:
(1) 
Averaging to improve aquatic and riparian habitat protection may be permitted when all of the following conditions are met:
(a) 
The aquatic and riparian habitat has significant differences in characteristics that affect its habitat functions.
(b) 
The buffer is increased adjacent to the higher-functioning habitat area or more sensitive portion of the aquatic and riparian habitat and decreased adjacent to the lower-functioning or less sensitive portion.
(2) 
Averaging to allow the reasonable use of a parcel may be permitted when all of the following are met:
(a) 
Buffer averaging is necessary to accommodate existing conditions, such as topography, existing roads, public facilities, or similar features that prevent reasonable development in compliance with standard buffers.
(b) 
There are no feasible site design alternatives that could be accomplished without buffer averaging.
(c) 
Averaging will not impair or reduce the habitat, water quality purification and enhancement, stormwater detention, ground water recharge, shoreline protection, erosion protection, and other functions of the aquatic habitat and buffer as demonstrated by a report from a qualified professional.
(3) 
Buffer averaging must meet all of the following criteria:
(a) 
The total area of the buffer on the subject property is not less than the buffer that would be required if averaging was not allowed, and all increases to the buffer dimensions from averaging are generally parallel to the ordinary high water mark boundary (to avoid creating buffer panhandles);
(b) 
The applicable standard buffer width is not reduced below 75 percent of the required width in any location; and
(c) 
Enhancement of reduced or averaged buffer areas may be required to ensure that no net loss of buffer functions or values will occur as a result of the decreased buffer width.
(d) 
Standards included in Table 17.38-4 may be utilized as a means to help preserve habitat function and value.
(Ord. 1370 (Exh. B), 2025)
(1) 
Where projects propose an impact to a fish and wildlife conservation area, specific mitigation elements shall be detailed within a habitat mitigation plan, as defined in LCC § 17.38.080 and § 17.38.510. The habitat mitigation plan shall provide specific recommendations to reduce, eliminate, or mitigate for the adverse effects of the proposed activity.
(2) 
Methods to minimize or eliminate the adverse impacts of proposed development activities in fish and wildlife habitat conservation areas may include, but are not limited to:
(a) 
Buffering and clustering development;
(b) 
Retaining or planting native vegetation, including retaining trees and limiting clearing.
(i) 
Includes creation of snags and retention of large woody debris where feasible;
(c) 
Limiting access;
(d) 
Seasonal restrictions on construction activities in accordance with the guidelines developed by the Washington Department of Fish and Wildlife, the U.S. Army Corps of Engineers, a salmonid recovery plan and/or other agencies or tribes with expertise and/or jurisdiction over the subject species/habitat; and
(e) 
Other appropriate techniques that are consistent with best available science.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
Lewis County may use a legislative process to designate or de-designate locally important habitats and species.
(1) 
Criteria. The classification of locally important habitats and species shall consider unusual or unique habitats that warrant protection because of the qualitative species diversity or habitat system health indicators; or local species that demonstrate a need for special consideration based on:
(a) 
Declining population;
(b) 
Sensitivity to habitat manipulation;
(c) 
Commercial, recreational, cultural, or other special value; and
(d) 
The availability of linkages between existing habitat areas.
(2) 
Recommendation. Recommendations for designating or de-designating areas with habitats or species that meet these criteria may be submitted by any person or group, and be included for potential review on the planning commission annual docket.
(3) 
Review. Review of the proposal, if deemed to merit formal consideration by the planning commission and the board of county commissioners, shall progress as a Type V amendment.
(4) 
Notice. Notice of proposals to designate or de-designate locally important habitat or species shall be forwarded to impacted property owners in a manner similar to the standards for a Type III application.
(5) 
Not Allowed as Part of Other Proposals. Designation or de-designation of locally important habitats or species may not occur concurrent with or as part of an associated development request.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1) 
Determining Site-Specific Applicability. In the event of inconsistencies, official habitat area definitions shall prevail over countywide maps in determining applicability of this chapter. The county shall follow the recommendations of WDFW in the interpretation of site-specific conditions as they relate to the definition of priority habitat and species.
(Formerly 17.38.490; Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)