City of Poulsbo, WA Section 300 Fish and Wildlife Habitat Conservation Critical Areas

§ 16.20.305 Purpose.

This section applies to all uses and activities regulated under this chapter within or adjacent to areas designated as fish and wildlife habitat conservation areas, as categorized in Section 16.20.310. The purpose of this chapter is to:

A. Preserve existing ecological functions of fish and wildlife habitat conservation areas normally associated with streams, riparian areas (freshwater areas and estuarine areas not regulated by the city’s shoreline master program), wetland and upland wild-life habitat;

B. Preserve natural flood control, stormwater storage and drainage or stream flow patterns;

C. Control siltation, protect nutrient reserves and main stream flows and stream quality; and

D. Prevent turbidity and pollution of streams.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.310 Fish and wildlife habitat conservation area—Designations.

The following designations shall be used in classifying fish and wildlife habitat conservation areas:

A. South Fork of Dogfish Creek Stream/Riparian Corridor Conservation Areas. The following reaches of stream channel and riparian area of the South Fork of Dogfish Creek:

1. Headwater. Between the northernmost extent of the drainage north of NE Lincoln Road and Wilderness Park;

2. Canyon. Between the east end of Wilderness Park and SR 305;

3. Urban/Commercial. Between SR 305 (culvert south of NE Lincoln Road) and culvert north of NE Liberty Road;

4. Lower Forested. Between SR 305 (culvert north of NE Liberty Road) and the confluence with Dogfish Creek main stem, north of Bond Road; and

5. Main Stem. Dogfish Creek between the junction of South Fork and Liberty Bay, to the boundary of the city’s shoreline jurisdiction.

B. Streams. All streams which meet the criteria for Types F, Np and Ns waters as set forth in WAC 222-16-030 of the DNR Water Typing System, as now or hereafter amended. Type S waters are regulated through Chapter 16.08, Shoreline Master Program.

C. Lakes Less Than Twenty Acres in Surface Area. Those lakes which meet the criteria for Types F, Np and Ns waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and naturally occurring ponds less than twenty acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or tribal authority.

D. Habitats recognized by federal or state agencies for federal- and/or state-listed endangered, threatened, sensitive and candidate/monitored species which presence is documented in maps or data-bases available to city of Poulsbo.

E. Areas targeted for preservation by 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 or Washington Department of Fish and Wildlife.

F. Areas that contain habitats and species of local importance.

G. Habitats which include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors or limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands, meadows, oldgrowth/mature forest, snag-rich areas, talus slopes, urban natural open space, Category I wetlands, and other wetlands that score high for habitat (eight to nine points).

H. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare plant species and high quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.315 Development standards.

The following development standards shall apply to fish and wildlife habitat conservation areas:

A. Riparian Management Zones Building Setbacks. RMZs and building setbacks shall be maintained along all identified fish and wildlife habitat conservation areas, as indicated in this section.

1. Riparian management zones and building setbacks shall be maintained along all identified fish and wildlife habitat conservation areas. Distances shall be measured horizontally from the ordinary high water mark (OHWM) or from the top of the bank where the OHWM cannot be identified. Building setbacks shall be measured horizontally from the edge of the riparian management zone (RMZ).

a. For streams in ravines with ravine sides ten feet or greater in height, the minimum RMZ width shall be the minimum required or a width which extends twenty-five feet beyond the top of the slope, whichever is greater.

2. Riparian management zones shall be retained in at least the quality of their existing condition. Where impacts or reductions of the standard RMZ width are proposed, the director may require the remaining RMZ be enhanced to protect the quality and function of the fish and wildlife habitat conservation area through a RMZ enhancement plan. Refuse, including but not limited to household trash, yard waste, and commercial/industrial refuse, shall not be placed in the RMZ.

3. Riparian management zones shall include streamside wetlands and/or functional floodplains which provide overflow storage for stormwaters, provide groundwater recharge or discharge functions, or provide seasonal 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.

4. Riparian management zones shall also include the channel migration zone (CMZ), such that the buffer includes potential riparian habitat in the event of stream migration.

5. Where wetlands and geologically hazardous areas occur on a site that contains a fish and wildlife habitat conservation area, refer to Sections 200, Wetlands, and 400, Geologically Hazardous Areas, of this chapter for additional development standards. In cases of differing standards, the more restrictive RMZ or setback shall apply.

6. Building Setbacks. An additional building setback of fifteen feet is required from the edge of all riparian management zones.

a. If applicable, the required building setbacks may meet or contribute to specific yard setback requirements of Title 18.

b. Minor structural or impervious surface intrusions such as but not limited to fire escapes, open/uncovered porches, landing places, outside walkways, outside stairways, retaining walls, fences, and patios may be permitted within the required building setback if the director determines, upon submittal of a habitat management plan, that such intrusions will not adversely impact the RMZ. The setback shall be identified on the site plan or appropriate drawing.

7. New Development or Redevelopment. Standard RMZs and building setbacks for fish and wild-life habitat conservation areas shall be required as per Table 16.20.315.

Table 16.20.315—Fish and Wildlife Habitat Conservation Area Development Standards
Riparian Management Zone Setback Requirements
Water Type	RMZ Width (feet, each side of stream)	Building Setback (feet, each side of RMZ)
F1 (salmonids)	200	15
F2 (nonsalmonids)	150	15
Np	100	15
Ns 1 (connected to S, F, Np)	100	15
Ns 2 (not connected to S, F, Np)	100	15

South Fork Dogfish Creek Stream-Reach-Specific RMZ and Building Setback Requirements
Stream Reach	RMZ (feet, each side of stream)	Building Setback (feet, each side of RMZ)
Tidewater/estuarine*	100	15
Lower forested	100, or top of adjacent slope, whichever is greater	15
Urban/commercial	100 for new development and redevelopment; extent of existing constraints for existing development	15
Canyon	Park boundary or top of slope, whichever is closest to stream, otherwise 100 or top of steep slope, whichever is greater	15
Headwater	100	15

Other Fish and Wildlife Habitat Conservation Areas

Riparian management zone widths and building setbacks for other regulated fish and wildlife habitat conservation areas not listed above will be determined on a case-by-case basis through a habitat management plan, which shall be based upon the most recent WDFW Priority Habitat and Species Management Recommendations.

B. Changes to Standard Riparian Management Zone.

1. Provisions for Decreasing the Standard RMZ Recommended Through a Habitat Management Plan.

a. The director may decrease the standard buffer or building setback as recommended by a habitat management plan after consultation with the Washington State Department of Fish and Wildlife and the Suquamish Tribe, and determine that conditions are sufficient to protect the affected habitat. A habitat management plan shall be required. The director may reduce the RMZ or building setback width by up to twenty-five percent.

2. Provisions for Increasing RMZ. The director may increase the RMZ width whenever a specific development proposal has known locations of endangered or threatened species for which a habitat management plan indicates a larger RMZ is necessary to protect habitat values for such species.

3. Conditional Alterations. The director may alter the RMZ and building setback for water-dependent structures and utilities within a stream or RMZ when no other reasonable or practical alternative exists. Any alteration of an RMZ or building setback shall be the least necessary and shall require a habitat management plan which identifies and adequately protects any affected fish and wildlife conservation area.

C. Fish and wildlife habitat conservation areas and required RMZs shall be located within specified open space tracts. The specified open space tracts shall be identified on the underlying land use permit drawings and conditions of approval shall include provisions for preservation, maintenance and other requirements deemed necessary by the director and/or review authority.

D. All development permits on sites with known locations of fish and wildlife habitat conservation areas, or sites within three hundred feet to known locations of fish and wildlife habitat conservation areas, shall submit a habitat assessment or management plan as specified in Section 700 of this chapter for approval. In the case of bald eagles, an approved bald eagle management plan by the Washington Department of Fish and Wildlife, meeting the requirements and guidelines of the bald eagle protection rules (WAC 220-610-100), as now or hereafter amended, shall satisfy the requirements for a habitat management plan.

E. Habitat Assessment Report and Management Plan. For all regulated activity proposed on a site which contains or is within three hundred feet of fish and wildlife habitat conservation area, a habitat assessment shall be prepared by a qualified wildlife biologist. The habitat assessment shall identify the type of stream and its prescribed RMZ, an analysis of species or habitats known or suspected, and assessment of project impact or effect on habitat and water quality (see Section 16.20.750). If it is determined that a fish and wildlife habitat conservation area or its RMZ does not occur on or within three hundred feet of the site, or if it is demonstrated that the project will comply with the standard RMZ width and building setback requirements, the development 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 three hundred feet of the site, and a modification (i.e., reduction, intrusion or impact) to the standard RMZ width and/or building setback is proposed, a habitat management plan shall be prepared. (See Section 16.20.730.)

F. Signs and Fencing. As a project condition of approval, the director or review authority may require the fish and wildlife habitat conservation area and RMZ be permanently fenced, signed or an acceptable alternative, to further protect the conservation area. Timing, location and type of installation shall be identified in the condition of approval. Fencing shall be required when reductions of RMZ or intrusions into building setback are approved.

G. Provisions for Expansions of Existing Development along Poulsbo Creek. Existing development adjacent to Poulsbo Creek which was lawfully constructed, approved or established prior to the effective date of the ordinance codified in this chapter, but which does not conform to present regulations or standards, may be expanded as follows:

1. A nonconforming single-family residence or mobile home may be enlarged up to fifty percent of its existing size as long as:

a. The new construction extends away from the critical area and related RMZ and building setback, is located over an existing impervious area, or is a second/third-story addition located over the existing structure;

b. The reconstruction and/or enlargement shall be appropriately mitigated to ensure the existing value and function of the critical area is not degraded;

c. Mitigation and enhancement is required as per subsection (G)(2) of this section;

d. The structure(s) are located outside of a flood hazard area and active landslide hazard area; and

e. The reconstruction and/or enlargement meets all other dimensional standards and requirements contained in the Poulsbo Municipal Code.

2. Requirements for mitigation and enhancement will be determined based on historic site impacts to the critical area, the scope of proposed alterations and require the preparation of a habitat management plan. Possible mitigation and enhancement may include, but shall not be limited to: prohibiting or limiting pruning of riparian vegetation; invasive plant removal and reestablishment of native trees and shrubs within existing RMZ areas; instream habitat improvements such as spawning gravel or large woody debris; requiring minimum stormwater treatment for new construction; and retrofitting existing impervious areas with minimum stormwater treatment where feasible. In certain instances, off-site mitigation and/or enhancement may also be required to benefit the watershed.

3. Proposals that propose to utilize these requirements shall require a critical area permit per Title 19, Project Permit Application Procedures.

(Ord. 2025-19 § 2 (Exh. A), 2025)

§ 16.20.320 Project-specific development standards.

A. 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:

1. 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;

2. 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;

3. 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;

4. Crossings shall not diminish flood-carrying capacity;

5. Crossings shall serve multiple properties whenever possible;

6. 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;

7. 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).

B. 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:

1. The channel, bank and RMZ should be replanted with native vegetation that replicates a natural, undisturbed riparian condition;

2. 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;

3. Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated; and

4. 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.

C. Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their RMZs, except those approved by the EPA and approved under an Ecology water quality modification permit for use in the specific fish and wildlife habitat conservation area environments. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label.

D. Agricultural Restrictions. In all development proposals or activities which would permit introduction of agriculture to fish and wildlife habitat conservation areas, damage to the area shall be avoided by installation of fencing located not closer than the outer RMZ edge.

E. Poulsbo Shoreline Master Program. All development along the saltwater shoreline defined as shorelines of the state shall be consistent with the city of Poulsbo shoreline master program, as now or hereafter amended.

F. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretative centers, and viewing platforms, may be allowed in fish and wild-life habitat conservation areas or RMZs pursuant to the following standards:

1. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas outside of required RMZs;

2. Trails and related facilities shall be planned to be located generally outside of required RMZs, and minimize removal of trees, shrubs, snags and important wildlife habitat;

3. Viewing platforms, interpretive centers, benches and access to them shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area;

4. Trails and related facilities shall generally be located outside required RMZs. Where trails are permitted within RMZs, after exhausting items of subsections (F)(1), (F)(2) and (F)(3) of this section, they shall be located in the outer twenty-five percent of the RMZ as feasible, except where stream crossings or viewing areas have been approved;

5. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by review authority. Trails shall be constructed with pervious materials unless otherwise approved by the review authority and located in the outer twenty-five percent of the RMZ area as much as feasible.

6. Mitigation may be required to replace native vegetation removed for trail construction or enhance remaining areas of degraded RMZ.

7. Stormwater controls may be required for larger, paved trails.

8. Trails shall be located only with property owner agreement. If proposed as a public trail, access shall be executed by appropriate easements, dedication, acquisition or other acceptable legal mechanisms.

G. Utilities. Placement of utilities within designated fish and wildlife habitat conservation areas and RMZs may be allowed pursuant to the following standards:

1. The utility development authorized in Section 16.20.120 shall be allowed, subject to best management practices in fish and wildlife habitat conservation areas and RMZs.

2. Construction of new utilities outside the road right-of-way or existing utility corridors or easements may be permitted in fish and wildlife habitat conservation areas or their RMZs only when no reasonable alternative location is available and the utility corridor or easement meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of applicable permits and special reports (Section 700 of this chapter) required by this chapter.

3. Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas or their RMZs when the applicant demonstrates it is necessary to meet state and/or local health code requirements, there are no other practicable alternatives available, and the construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed.

4. New utility corridors or easements shall not be allowed in fish and wildlife habitat conservation areas with known locations of federal- or state-listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved habitat management plan indicates that the utility corridor or easement will not significantly impact the fish and wildlife habitat conservation areas or RMZs.

5. New utility corridor or easement construction and maintenance shall protect the environment of fish and wildlife habitat conservation areas and their RMZs.

a. New utility corridors or easements shall be aligned when possible to avoid cutting trees greater than twelve inches in diameter at breast height (four and one-half feet), measured on the uphill side.

b. New utility corridors or easements shall be revegetated with appropriate native vegetation at pre-construction densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation survives.

c. Any additional utility corridor or easement access for maintenance shall be provided as much as possible at specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than fifteen feet; and shall be contiguous to the location of the utility corridor on the side away from the fish and wildlife habitat conservation area. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.

d. The director may require other additional mitigation measures.

6. Utility corridor maintenance shall include the following measures to protect the regulated fish and wildlife habitat conservation area and RMZ environment:

a. Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, nor should lead-based paints be used.

b. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their RMZs except those approved by the EPA and the Department of Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label.

c. Refueling or maintenance of utility equipment shall not be conducted within a fish and wildlife habitat conservation area or its RMZ.

H. Bank Stabilization. A stream channel and bank may be stabilized when naturally occurring earth movement threatens existing structures (defined as requiring a building permit pursuant to the International Building Code), public improvements, unique natural resources, public health, safety or welfare, or is the only feasible access to property; and when such stabilization results in maintenance of fish and wildlife habitat, flood control and improvement of water quality. Shoreline stabilization is regulated by the city’s shoreline master program.

When bank stabilization is determined to be necessary, bioengineering or other nonstructural methods should be the first option for protection. The director may require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions. Bank stabilization projects may also require a Hydraulic Project Approval from the Washington Department of Fish and Wildlife and may be required to meet the design guidelines in WDFW’s 2002 Integrated Streambank Protection Guidelines.

I. Road/Street Repair and Construction. Public road or street repair, maintenance, expansion or construction may be allowed in fish and wildlife habitat conservation areas or their RMZs subject to the following development standards:

1. No other reasonable or practicable alternative exists;

2. The road or street serves multiple properties wherever possible;

3. Publicly owned or maintained road or street crossings provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;

4. The road or street construction is the minimum necessary, as required by the department, and shall comply with the department’s guidelines to provide public safety and mitigated stormwater impacts;

5. Construction time limits shall be determined in consultation with WDFW in order to ensure habitat protection; and

6. Mitigation shall be performed in accordance with specific project mitigation requirements.

(Ord. 2025-19 § 2 (Exh. A), 2025)