See also Chapters 10-5, 10-5A, 10-5B, 10-5C, and 10-D.
Habitat conservation areas include:
A. 
Areas having a primary association with fish and wildlife species identified by the U.S. fish and wildlife service and the national marine fisheries service as being in danger of extinction or threatened to become endangered.
B. 
Areas having a primary association with fish and wildlife species identified by the Washington department of fish and wildlife as being in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. See Washington administrative code 232-12-014 (state endangered species) and Washington administrative code 232-12-011 (state threatened and sensitive species).
C. 
State priority habitats as identified by the state department of fish and wildlife.
D. 
Habitats and species of local importance as identified by the city in accordance with section 10-5E-2 of this article.
E. 
Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in Washington administrative code 222-16-031.
F. 
Ponds under twenty (20) acres that provide fish or wildlife habitat except artificial ponds created for a nonwildlife purpose such as storm water detention facilities, wastewater treatment facilities, farm ponds, and temporary construction ponds.
G. 
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
H. 
Natural area preserves and natural resource conservation areas as defined by the Washington state department of natural resources.
I. 
Areas of rare plant species and high quality ecosystems as identified by the Washington state department of natural resources through the natural heritage program1.
J. 
Land useful or essential for preserving connections between habitat blocks and open spaces.
(Ord. 695, 11-22-2004)
A. 
Considerations For Nominations: Nominations for habitats and species of local importance shall include:
1. 
Precise identification of the nominated habitat;
2. 
A scientifically sound management plan; and
3. 
A study, paid for by the nominator, containing sufficient information to verify compliance with the following criteria.
B. 
Designation Criteria: The designation criteria shall be as follows.
1. 
The species shall be local, native populations that are vulnerable, declining, or have special recreation, commercial, game, or other value.
2. 
The habitat shall be important for the long term persistence of the local population.
3. 
The habitat shall be of high quality, or be capable of restoration to high quality, or connect otherwise isolated habitats.
4. 
Protection by other agencies, laws, or nonregulatory tools shall be inadequate to protect the species.
C. 
Review And Adoption Process: Designations of habitats and species of local importance shall form a part of these development regulations. The review and adoption process shall be that which applies to the adoption of development regulations under state law.
(Ord. 695, 11-22-2004; amd. 2006 Code)
The following maps, which may be continuously updated, may be used as a guide for locating habitat conservation areas:
A. 
Washington department of fish and wildlife priority habitat and species maps;
B. 
Washington state department of natural resources, official water type reference maps;
C. 
Washington state department of natural resources shorezone inventory;
D. 
Washington state department of natural resources natural heritage program mapping data;
E. 
Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington conservation commission; and
F. 
Washington state department of natural resources state natural area preserves and natural resource conservation area maps.
(Ord. 695, 11-22-2004)
In addition to the general critical area report requirements of section 10-5-9 of this title, critical area reports for habitat conservation areas shall include, where applicable:
A. 
Vegetation assessment; and
B. 
Discussion of any federal, state, or local special management recommendations for species or habitats on or near the site.
(Ord. 695, 11-22-2004)
In addition to the substantive requirements of section 10-5-13 of this title, the following shall apply to habitat conservation areas.
A. 
Plants And Animals Not Indigenous To Region: No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area except with approval of a state or federal agency with expertise.
B. 
Preference In Mitigation: Preference in mitigation shall be given to contiguous wildlife habitat corridors.
C. 
Review Of Development Proposals: In reviewing development proposals, the city shall seek opportunities to restore degraded riparian fish and wildlife functions such as breeding, rearing, migration, and feeding.
D. 
Vegetative Buffers: The city shall require buffers of undisturbed native vegetation adjacent to habitat conservation areas as necessary. Buffer widths shall reflect the sensitivity of the habitat and may reflect the intensity of nearby human activity.
E. 
Excluding Human Activity: When a species is more sensitive to human activity during a specific season of the year, the city may establish an extra outer buffer from which human activity is excluded during said season.
F. 
Habitat Conservation Areas: No development shall be allowed within a habitat conservation area or buffer with which state or federal endangered, threatened, or sensitive species have a primary association, except in exchange for restoration as approved by the city planner or as provided in a management plan approved by a state or federal agency with appropriate expertise.
G. 
Development Near Bald Eagle Nest: When a development permit is applied for on land containing or adjacent to a bald eagle nest or communal roost, the city shall notify the Washington department of fish and wildlife and otherwise comply with Washington administrative code 232-12-292.
H. 
Anadromous Fish Habitat: No development shall be permitted which degrades the functions or values of anadromous fish habitat, including structures or fills which impact migration or spawning.
I. 
Construction, Other Activities Restricted: Construction and other activities shall be seasonally restricted as necessary to protect the resource. Activities shall be timed to occur during work windows designated by the Washington department of fish and wildlife for applicable fish species.
J. 
Shoreline Erosion Control: Shoreline erosion control shall use bioengineering methods or soft armoring in accordance with an approved critical area report.
K. 
Stream Buffer Width Table: The following table establishes the standard width of stream buffers (also known as riparian habitat areas) that shall apply to each stream type. Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark, or from the top of bank if the ordinary high water mark cannot be identified, or from the outer edge of the channel migration zone when present.
Stream Type
*Examples In Roy
Standard Buffer Width
Type S (subject to the shorelines management act)
Muck Creek
200 feet
Type F (fish bearing other than S)
Lacamas Creek
125 feet
Type Np (nonfish, perennial)
None
75 feet
Type Ns (nonfish, seasonal)
None
35 feet
Notes:
*To the best of the city’s knowledge at time of adoption of ordinance 695.
L. 
Increase Standard Buffer Width: The city planner may increase the standard buffer width 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.
M. 
Reduce Standard Buffer Width: The city planner may reduce the standard buffer width in exchange for restoration of degraded areas in accordance with an approved plan, or for buffer averaging in accordance with subsection 10-5-13G of this title. The city planner may also reduce the standard buffer width wherever the proposed adjoining upland land use is of low intensity and low impact, such as passive use parks.
N. 
Regulations: To the extent facilities are allowed in habitat conservation areas, the following regulations shall apply.
1. 
Trails shall be on the outer edge of the stream buffer except for limited viewing platforms and crossings. Trails and platforms shall be of pervious materials as far as possible.
2. 
Road bridges and culverts shall be designed according to the Washington department of fish and wildlife "Fish Passage Design At Road Culverts", 1999, and the national marine fisheries service "Guidelines For Salmonid Passage At Stream Crossings", 2000.
3. 
Utility lines shall be accomplished by boring beneath the scour depth and hyporheic zone (the saturated zone beneath and adjacent to streams that filters nutrients and maintains water quality). Utilities shall avoid paralleling streams or changing the natural rate of shore or channel migration.
4. 
New and expanded public flood protection measures shall require a biological assessment approved by the agency responsible for protecting federally listed species.
5. 
In stream structures such as high flow bypasses, sediment ponds, instream ponds, retention and detention facilities, tide gates, dams, and weirs shall be allowed only as part of an approved restoration project.
6. 
Storm water conveyance structures shall incorporate fish habitat features and the sides of open channels and ponds shall be vegetated to retard erosion, filter sediments, and shade the water.
7. 
Watercourse alterations: see subsection 10-5C-3H of this title.
(Ord. 695, 11-22-2004)