It is the purpose of this article to reasonably ensure the protection of fish and wildlife and their habitats, with special consideration for anadromous fish species. The desired goal is to preserve, enhance, protect and promote fish and wildlife habitat within the city and its UGA, including habitat required by those species listed on the federal and state endangered species lists, priority habitats and species identified by the Washington Department of Fish and Wildlife (WDFW), and habitat required by priority species identified by WDFW. It is also the intent of this article to ensure that development and fish and wildlife are provided the opportunity to coexist.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
Fish and wildlife habitat conservation areas include:
A. 
Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association: classified as fish and wildlife habitat conservation areas of state or federal importance.
B. 
Habitats and species identified in reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the priority habitat and species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with authority for such designations.
C. 
Areas associated with anadromous fish species: classified as fish and wildlife habitat conservation areas of state or federal importance.
D. 
Waters of the state, including naturally occurring ponds under 20 acres: classified as fish and wildlife habitat conservation areas of local importance.
E. 
State natural area preserves and natural resource conservation areas: classified as fish and wildlife habitat conservation areas of local importance.
F. 
Areas formally designated by the city as areas of rare plant species, high quality ecosystems, or land useful or essential for preserving connections between habitat blocks and open spaces: classified as fish and wildlife habitat conservation areas of local importance.
G. 
All such areas within the city and its UGA, regardless of any formal identification, are hereby designated as critical fish and wildlife habitat conservation areas.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
A. 
Identification and Preliminary Evaluation.
1. 
At a minimum, the PHS data, Management Recommendations for Washington's Priority Habitats and Species (or as amended), and any critical areas study or SEPA that identifies fish and wildlife habitat conservation areas within 300 feet of a development site shall be used to determine whether critical area review will be required for a proposed alteration, in completing a critical areas checklist or SEPA checklist, and in the city's review for the purpose of determining whether a critical area study will be required.
2. 
Because species populations and habitat systems are dynamic, agency consultation shall be required when a proposed alteration is within, adjacent to, or likely to affect a known or suspected fish and wildlife habitat conservation area of state or federal importance. The administrator shall contact the WDFW and the U.S. Fish and Wildlife Service and request assistance in determining the value of the site as fish and wildlife habitat of state or federal importance.
3. 
Riparian habitat areas vary in width depending on the ecological function they perform. This section defines the area that must be evaluated for the purpose of determining the need for a critical area study, and in which alterations may be limited to protect priority habitat. Riparian habitat area (RHA) widths shall be consistent with the management recommendations issued by the State Department of Fish and Wildlife or other best available science. For the purpose of determining the need for a critical area study:
a. 
RHAs are considered to extend landward from the ordinary high water mark (OHWM), measured on the horizontal plane, as shown in Table 16.08.440.1 below or as indicated in management recommendations for Washington's priority habitats: riparian, or as amended by WDFW.
b. 
If the 100-year floodplain exceeds the widths shown, the RHA should extend to the outer edge of the 100-year floodplain.
Table 16.08.440.1 Riparian Habitat Evaluation Area Widths
Water type1
Riparian Habitat Area Extent
Permanent
S
See the Shoreline Master Program for regulations
F
250 ft.
Np
200 ft.
Ns
150 ft.
1 Water types are based on WAC 222-16-030, Water typing system, and 222-16-031, Interim water typing system.
4. 
In reviewing proposed alterations, the city shall consider the fish and wildlife habitat conservation area classification in establishing buffer widths, mitigation requirements, and permit conditions. Any decision regarding establishment of buffers, buffer widths, access restrictions, vegetation conservation and restoration requirements, mitigation requirements, or permit conditions shall be processed according to the provisions of LMC Title 21 governing an administrative review. Chumstick Creek and the Wenatchee River are shorelines subject to the Shoreline Management Act, and buffers have been assigned in the city's Shoreline Master Program.
B. 
Critical Area Study. In addition to the general requirements for critical area studies, the required critical area study for any FWHCA shall include the following:
1. 
An evaluation of the presence or absence of regulated species. The following shall be required in developing the evaluation:
a. 
Consultation with the Washington State Department of Fish and Wildlife;
b. 
Review of PHS data for the development site and the area within 250 feet of the site; and
c. 
Review of PHS data on active golden eagle, great blue heron and communal eagle roost sites for the development site and the area within 500 feet of the site.
2. 
A description of the nature and extent of the association of regulated species with the habitat conservation area and any critical ecological processes (such as feeding, breeding, incubation, resting, nesting and dispersal) occurring within the study area.
3. 
A description of regulated species habitat requirements, seasonal range dynamics and movement corridor requirements, and relative tolerance of human activities and the cumulative effects of the previous development or future development in the region.
4. 
An analysis of habitat quality, based on relative species diversity and species richness, in the study area.
5. 
An evaluation of the proposed alteration for its influence on the above wildlife factors and on the measures that are recommended to mitigate the potential degradation of animal and plant populations, reproduction rates, and overall habitat quality over the long term.
6. 
Designation, mitigation, and management recommendations, including the width of any riparian habitat area, the width of any buffer required to protect habitat and species outside of critical areas, and any requirements for restoration of a FWHCA or its buffer, and also including any requirements for the provision of open space for wildlife habitat within a development. Any relevant WDFW priority habitat and species management recommendations shall be consulted in developing the mitigation and management recommendations and identifying habitat and species protection measures.
C. 
The information provided by a critical area study will augment the database for the Leavenworth area maintained by the city.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)
In addition to the general provisions of this chapter and the requirements of the underlying zone, the following minimum standards shall apply to development activities within and adjacent to the specified FWHCAs.
A. 
The following standards shall apply in all FWHCAs and their buffers:
1. 
All projects shall comply with the applicable federal, state and local regulations regarding protection of species and habitats identified upon a site.
2. 
Any approved alteration or development in a FWHCA shall minimize impacts to existing topography, drainage patterns, and native vegetation, including the composition and structure of the native plant community. Where disturbance is unavoidable, the applicant shall mitigate the disturbance in accordance with the mitigation plan in an approved critical area study. New plantings shall be maintained in good growing condition and kept free of invasive weeds until well established. Temporary erosion and sedimentation controls may be used during and following construction until permanent control is achieved.
3. 
The administrator shall require the establishment of a buffer when, based on a critical area study, such a buffer is needed to protect the functions and values of a FWHCA. Buffer widths and use and management requirements shall reflect the classification and sensitivity of the habitat and the intensity of activity proposed, and shall be consistent with the management recommendations issued by the WDFW or other best available science (such as the findings of a critical area study or a mitigation plan). The city may require that buffers remain undisturbed or, where native vegetation has already been disturbed, that the vegetation be restored. Other limitations to disturbance, including access restrictions such as fencing and signage, may also be required where needed to ensure protection of habitat functions and values. Restrictions may be seasonal.
4. 
Selective pruning of trees for safety is allowed in fish and wildlife habitat conservation area buffers. Individuals are encouraged to contact the city prior to removal or pruning. Where trees pose a significant safety hazard, they may be removed from such buffers. The city may require a professional arborist to determine a hazard tree. All tree removal in such buffers shall be minimized through site design, and mitigated when the loss of a tree or trees results in loss of ecological function. WDFW habitat biologists can review if the pruning or removal requires mitigation with respect to hazard trees in the riparian buffer, not whether the tree is a hazard itself. WDFW would evaluate whether compensatory mitigation is needed for the removal of the hazard tree or if there is a way the hazard tree can be pruned or partially cut to avoid and minimize impacts.
5. 
Selective pruning of trees for view protection may be allowed in fish and wildlife habitat conservation area buffers, subject to mitigation and enhancement based on an approved critical area study.
6. 
Divisions of land may require the provision of open space for wildlife habitat as a part of the management plan.
7. 
Any limitations to site disturbance, such as clearing restrictions, imposed as a condition of development approval shall be marked in the field and approved by the city prior to undertaking the project.
8. 
Areas subject to use and management restrictions shall be shown on the face of the plat, planned development or binding site plan, and/or as a portion of the building permit recorded with the administrator.
B. 
The following additional standards shall apply in fish and wildlife habitat conservation areas of state or federal importance and their buffers:
1. 
Any uses and activities allowed within priority habitat and species areas shall be limited to those that will not adversely affect or degrade the habitat or threaten critical ecological processes identified in the critical area study.
2. 
No development approval shall be granted unless mitigation of adverse effects will be provided that will ensure continuation of baseline conditions in all priority habitats and baseline populations of all priority species.
C. 
Site-specific modifications to recommended RHAs may be allowed if supported by an approved critical area study. Important characteristics should be retained or restored in all riparian areas in order to provide suitable habitat for fish and wildlife.
D. 
Provided that adequate regional populations are maintained, development may be allowed in fish and wildlife habitat conservation areas of local importance when only species and habitats of local importance will suffer population declines or interruption of migration routes or reproduction habits; provided, that endemic species are preserved.
(Ord. 1395 § 1 (Exh. A), 2011; Ord. 1597 § 1 (Att. A), 2019)