This article applies to all regulated uses included in the critical areas ordinance, or uses within 300 feet of areas designated as fish and wildlife habitat conservation areas, as categorized in POMC § 20.162.070. The intent of this article is to:
(1) 
Preserve natural flood control, stormwater storage and drainage or stream flow patterns;
(2) 
Control siltation, protect nutrient reserves and maintain stream flows and stream quality for fish, wildlife, and marine shellfish;
(3) 
Prevent turbidity and pollution of streams and fish or shellfish bearing waters;
(4) 
Preserve and protect habitat adequate to support viable populations of native wildlife in both the city and Kitsap County; and
(5) 
Encourage nonregulatory methods of habitat retention whenever practical, through education and the open space tax program.
(Ord. 018-25, 11/18/2025)
The following categories shall be used in classifying fish and wildlife habitat conservation areas. Fish and wildlife habitat conservation areas that are located within the city's shoreline jurisdiction according to the city's shoreline master program are regulated through the provisions of this chapter.
(1) 
Streams. All streams which meet the criteria for Type F, Np, Ns waters as set forth in the DNR water rating system as defined in WAC 222-16-030 (see Table 5).
(2) 
Lakes Less Than 20 Acres in Surface Area. Those lakes which meet the criteria for waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less than 20 acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or tribal authority.
(3) 
Habitats recognized by federal or state agencies for federal and/or state listed endangered, threatened and sensitive species documented in maps or databases available to Kitsap County and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(4) 
Areas targeted for preservation by the federal, state and/or local government which provide fish and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service.
(5) 
Areas that contain priority habitats or priority species.
(6) 
Areas that contain habitats and species of local importance.
(7) 
Habitats for state listed candidate and monitored species documented in maps or databases available to Kitsap County and its citizens, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(8) 
Habitats which include attributes such as comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges, wildlife corridors, or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands, meadows, old-growth/mature forest, snag-rich areas, talus slopes, and urban natural open space.
(Ord. 018-25, 11/18/2025)
Those regulated uses identified below within designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this section.
(1) 
Habitat Assessment Report and Management Plan. For all regulated uses and activity proposed on a site which contains or is within 300 feet of fish and wildlife habitat conservation area, a habitat assessment shall be prepared by a qualified wildlife biologist. The habitat assessment shall identify of all fish and wildlife habitat conservation areas and its buffer, an analysis of species or habitats known or suspected, and assessment of project impact or effect on the fish and wildlife habitat conservation area or its riparian management zone. If it is determined that a fish and wildlife habitat conservation area or its riparian management zone does not occur on or within 300 feet of the site, or if it is demonstrated that the project will comply with the standard riparian management zone width and building setback requirements, the project may proceed without any additional requirements under this section. If it is determined that a fish and wildlife habitat conservation area does occur on or within 300 feet of the site, and there will be potential temporary or permanent impacts to a fish and wildlife habitat conservation area or a modification to the riparian management zone width and/or building setback is proposed, a habitat management plan according to Article VIII of this chapter shall be prepared.
(2) 
Riparian Management Zones and Building Setback Requirements. Riparian management zones (RMZ) and setbacks shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed in Table 5. Distances shall be measured from the edge of the channel migration zone (CMZ), where identified, or the ordinary high water mark (OHWM), whichever is greater. Riparian management zones shall be retained in their natural condition except where the buffer can be enhanced to improve its functional attributes. Riparian management zones do not apply to those segments of stream that are piped.
(a) 
The riparian management zone width shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so as to include the entire stream feature. Refuse shall not be placed in a riparian management zone.
(b) 
Where a legally established substantial improvement or development transects a riparian management zone, the director may approve a modification of the minimum required RMZ to the edge of the substantial improvement or development if the part of the riparian management zone on the other side of said feature does not provide any buffer functions to protect the fish and wildlife habitat conservation area in question.
(c) 
An additional building setback of 15 feet is required from the edge of all fish and wildlife habitat conservation areas.
(i) 
Minor structural impervious surface intrusions into the building setback may be permitted on a case-by-case basis when an applicant demonstrates to the department that the proposed intrusion would not adversely affect buffer function.
(d) 
Standard buffers and building setbacks for fish and wildlife habitat conservation areas shall be required for all regulated uses and activities as per Table 5 of this Article.
(e) 
If the riparian management zone includes a geologically hazardous area(s), the standard riparian management zone width is greater than the extent of the geologically hazardous area or the riparian management zone extends to the top of slope of the geologically hazardous areas, the applicable riparian management zone will be whichever width is greater.
(3) 
Riparian Management Zone Interruptions. Where a legally established developed roadway or permanent substantial improvement transects a critical fish and wildlife habitat conservation area riparian management zone, the director may approve a modification of the minimum required riparian management zone to the edge of the roadway or substantial improvement. The permanent substantial development must serve to eliminate or greatly reduce function of the riparian management zone.
Table 5
CATEGORY
RIPARIAN MANAGEMENT ZONE WIDTH STANDARD
Streams
Water Type
F
150 feet
Np
100 feet
Ns
100 feet
Lakes – Less Than 20 Acres (Non-Type 1 Waters of the State)
Zoning Designation
Community Facilities 50 feet
Commercial, Mixed Use
50 feet
Employment
50 feet
Greenbelt, Residential
35 feet
(4) 
Specific Riparian Management Zone Development Standards. Riparian management zones are a critical area and have the potential to provide ecosystem functions for bank stability, shade, pollution removal, recruitment of large woody debris, and wildlife habitat. Development is prohibited in the RMZ, except as follows:
(a) 
Mitigation sequencing is demonstrated as defined in Article I of this Chapter and included an approved habitat management plan;
(b) 
Any permanent impacts occur in the outer 25 percent of the RMZ;
(c) 
It will result in no net loss of the fish and wildlife habitat conservation area or riparian management zone in question;
(d) 
It will not adversely affect water quality, lead to unstable earth conditions, or create an erosion hazard;
(e) 
Meets the exemptions or exception requirements defined under Article I of this Chapter;
(f) 
As part of any proposal, an applicant shall submit a buffer enhancement plan consistent with Article VIII of this Chapter.
(5) 
Stream Crossings. Any private or public road expansion or construction which is allowed and must cross streams classified within this chapter shall comply with the following minimum development standards:
(a) 
Bridges or bottomless culverts shall be required for all streams which support fish life, unless a habitat management plan is submitted which demonstrates that other alternatives would not result in significant impacts to the fish and wildlife habitat conservation area and as determined appropriate through the Hydraulic Project Approval process administered by the Washington State Department of Fish and Wildlife;
(b) 
Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington Department of Fish and Wildlife;
(c) 
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;
(d) 
Crossings shall not diminish flood-carrying capacity;
(e) 
Crossings shall serve multiple properties whenever possible;
(f) 
Publicly owned or maintained road or street crossing shall provide for other purposes, such as utility crossing, pedestrian or bicycle easements, viewing points, whenever possible;
(g) 
Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. If located on a stream containing fish and wildlife habitat per WAC 222-16-030, the culvert shall be designed in accordance with the Washington Department of Fish and Wildlife's 2013 Water Crossing Guidelines (or as amended).
(6) 
Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife's Hydraulic Project Approval, and any other local, state or federal permits:
(a) 
The channel, bank and buffer should be replanted with native vegetation that replicates a natural, undisturbed riparian condition;
(b) 
For those shorelands and waters prone to flooding, a professional engineer licensed in the state of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained;
(c) 
Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated; and
(d) 
Relocation proposal shall include an evaluation report addressing potential downstream impacts to public and private properties, critical areas and listed species; changes to hydroperiod, water quality, flooding frequency or severity; and any necessary downstream stormwater facility improvements associated with the relocation.
(7) 
Incentives for Stream Restoration. The City of Port Orchard encourages efforts to daylight a piped segment of a naturally occurring stream to restore historical functions and values those features provided. In support of daylighting a stream the city recognizes this type of restoration effort will require a project to establish a stream buffer. The City will allow for a 75 percent buffer reduction of the applicable stream buffer as defined in Table 5. Pending approval, an applicant shall demonstrate that a proposed daylighting proposal meets all of the decision criteria listed below.
(a) 
The proposed restoration is not associated with compensatory mitigation of a specific development project;
(b) 
Any proposed stream restoration shall prepare a habitat management plan consistent with the requirements defined in Article VIII of this Chapter;
(c) 
No Net Loss. An analysis shall be prepared to demonstrate how the proposed stream restoration will improve riparian habitat and demonstrate how buffer functions of the reduced buffer will provide functions similar to the standard buffer to ensure no net loss of ecological functions and processes;
(d) 
Stream bed shall consist of a suitable substrate material consistent with WDFW's guidelines;
(e) 
The stream buffer shall be planted with an assortment of native vegetation and shall comply with the applicable mitigation reporting monitoring requirements defined in POMC §§ 20.162.096 and 20.162.068 of this chapter;
(f) 
The applicant shall demonstrate to the city that all other applicable state and federal permits have been obtained.
(8) 
Streambank stabilization to protect structures from future channel migration is achieved through bioengineering, soft armoring, or recommended techniques in accordance with an approved habitat management plan and the guidance of WDFW's Washington State Integrated Streambank Protection Guidance (2002, as amended).
(Ord. 018-25, 11/18/2025)