County of Kitsap, WA Chapter 19.300 FISH AND WILDLIFE HABITAT CONSERVATION AREAS

§ 19.300.305 Purpose.

This chapter applies to all uses within or adjacent to fish and wildlife habitat conservation areas, defined in Section 19.150.315, except those identified as exempt in Section 19.100.125. The intent of this chapter is to identify fish and wildlife habitat conservation areas and establish habitat protection procedures and mitigation measures designed to achieve no net loss of critical area functions and values and to maintain viable fish and wildlife populations and habitat over the long term. Further, it is also the intent of this chapter to:

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

B. Prevent turbidity and pollution, control siltation, protect nutrient reserves, and maintain water flows and quality for anadromous and resident fish, marine shellfish and forage fish;

C. Encourage nonregulatory methods of habitat retention whenever practical, through mechanisms such as education and the open space tax program; and

D. Avoid or minimize human and wildlife conflicts through planning and implementation of wildlife corridors where feasible;

E. Retain and restore riparian buffers to the maximum extent practicable to preserve and enhance functions and values over time.

(Ord. 217 (1998) § 3 (part), 1998; Ord. 351 (2005) § 27, 2005; Ord. 545 (2017) § 5 (Appx. (part)), 2017; Ord. 633 (2024) § 5 (App.), 2024)

§ 19.300.310 Fish and wildlife habitat conservation area categories.

A. General. Fish and wildlife habitat conservation areas are typically identified by known locations of specific species (such as a nest or den) or by habitat areas or both and may occur on both public and private lands.

B. Classification and Designation. The following categories shall be used in classifying and designating fish and wildlife habitat conservation areas:

1. Streams. All streams which meet the criteria for Type F, Np or Ns waters as set forth in WAC 222-16-030 of the Washington Department of Natural Resources (DNR) Water Typing System, as now or hereafter amended, and Table 19.300.310 (see also Chapter 19.800, Appendix A[1]). Type S waters are regulated through the shoreline master program (Title 22). The DNR stream maps should not be the only source for identifying regulated areas or establishing buffers. Other modeled or field-verified stream type maps should also be used, and stream conditions, identification of flow alterations, and location of fish passage barriers shall be identified through a site-specific field visit. Field verification of all intermittent or non-fish-bearing streams should occur during the wet-season months of October to March if feasible, or as determined by the department.

Table 19.300.310 DNR Water Typing System
Water Type
Current DNR Water Typing	Previous DNR Water Typing
Type S	Type 1
Type F	Types 2 and 3
Type Np	Type 4
Type Ns	Type 5

[1] Editor's Note: Appendix A Washington State Department of Natural Resources Stream Typing System is included as an attachment to this title.

2. Lakes Less Than Twenty Acres in Surface Area. Those lakes which meet the criteria for Type F, Np, and Ns waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and 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.

3. Type O (“Other”). Type O waters include all stream segments that are not Type S, F, or N waters and that are not physically connected to Type S, F, or N waters by an above ground channel system, pipe or culvert, stream or wetland. Such streams infiltrate entirely and therefore are critical to downstream flows and overall watershed health. In addition to the DNR stream types above, a Type O stream classification shall be included as fish and wild-life habitat conservation areas when verified on site by a qualified habitat biologist. Type O waters do not include exceptions to stream definitions set forth in Section 19.150.600.

4. Wildlife Habitat Conservation Areas.

a. Class I Wildlife Habitat Conservation Areas.

i. 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 (see Appendix B[2] examples), including but not limited to the database on priority habitats and species provided by the Washington Department of Fish and Wildlife and the Washington Department of Natural Resources Natural Heritage Program;

[2] Editor's Note: Appendix B Kitsap County's GIS Database of Critical Areas Information is included as an attachment to this title.

ii. Areas targeted for preservation by the federal, state and/or local government which provide fish and wildlife habitat benefits, including but not limited to important water-fowl areas identified by the U.S. Fish and Wild-life Service and WDFW wildlife areas; or

iii. Areas that contain habitats and species of local importance have not been identified at this time, and may be identified at a later date through a public process when information necessitating such identification is made known.

b. Class II Wildlife Habitat Conservation Areas. Habitats for state-listed candidate and monitored species documented in maps or data-bases available to Kitsap County and which, if altered, may reduce the likelihood that the species will maintain a viable population and reproduce over the long term.

(Ord. 351 (2005) § 28, 2005; Ord. 545 (2017) § 5 (Appx. (part)), 2017; Ord. 633 (2024) § 5 (App.), 2024)

§ 19.300.315 Development standards.

Activities within a designated fish and wildlife habitat conservation area and its buffer are subject to the regulatory provisions of this chapter and shall comply with the performance standards outlined in this chapter as well as the mitigation sequencing requirements contained within Section 19.100.155(D).

A. Buffers and Building Setbacks.

1. Buffers. Buffers shall remain undisturbed natural vegetation areas except where the buffer can be enhanced to improve its functional attributes. Buffers shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed in Table 19.300.315. Refuse, fill, yard waste or other debris shall not be placed in buffers unless otherwise allowed through an approved buffer reduction or variance of this chapter.

Table 19.300.315 Fish and Wildlife Habitat Conservation Area Development Standards
Streams
Water Type	Buffer Width	UGA Alternative Buffer Width*	Minimum Building Setback	Other Development Standards
S As defined and regulated in Title 22 (SMP)	See Title 22 (SMP)	NA	See Title 22 (SMP)	Where applicable, refer to the development standards in Chapters 19.200 (Wetlands) and 19.400 (Geologically Hazardous Areas). Where such features occur on site, the more restrictive buffer or building setback shall apply.
F	200 feet	150 feet	15 feet beyond buffer
Np	100 feet	75 feet	15 feet beyond buffer
Ns	100 feet	75 feet	15 feet beyond buffer
O	50 feet	50 feet	15 feet beyond buffer
Lakes less than 20 acres	100 feet		15 feet beyond buffer	Where lakes have associated wetlands, a wetland delineation and rating may be required in accordance with Chapter 19.200. The greater of buffers shall apply.
Wildlife Habitat Conservation Areas
Class I	Buffer widths and setbacks will be determined through a mandatory habitat management plan (HMP). In the case of bald eagles, a HMP will not be required, but additional state and federal permits and/or timing considerations for construction may be required to ensure compliance with all federal laws, including the federal Bald and Golden Eagle Protection Act (16 USC 668) to avoid impacting eagles and their habitat.
Class II	Site-specific conditions will determine the need for the preparation of a HMP.

Notes:
*	See subsection (A)(4) of this section for criteria.

2. Buffer Measurement. Distances shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. Buffer widths shall be measured from the edge of the channel migration zone, where applicable. The buffer width shall be increased where streamside wetland buffers exceed the stream buffer width. The greater buffer width shall apply when critical area buffer widths overlap. Streamside wetlands provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the ordinary high water mark or top of bank shall include the entire stream feature.

Buffers shall be retained in their natural condition. It is acceptable, however, to enhance the buffer by planting indigenous vegetation, or by removal of invasive species, if prior approval is obtained by the department. Alteration of buffer areas and building setbacks may be allowed for development authorized by Section 19.100.125 (Exemptions), 19.100.130 (Standards for existing development), 19.100.135 (Variances) or 19.100.140 (Reasonable use exception).

3. General Buffer Alternative. As an alternative method for determining a site-specific buffer, the site potential tree height model from the Washington Department of Fish and Wild-life may be voluntarily utilized. A site-specific soil analysis will need to be completed by a licensed geologist or related professional, as well as an analysis by a habitat biologist on how the tool was used to determine the site-specific buffer.

4. UGA Alternative Buffer Widths. In limited circumstances within urban growth areas (UGAs) as described in subsections (4)(a) and (4)(b) of this section, the alternative buffer widths in Table 19.300.315 may be used as the standard buffer width for the proposed development. The use of UGA alternative buffer widths will only be allowed in conjunction with a habitat management plan (HMP) that meets the requirements of Section 19.700.720 and demonstrates that all of the applicable conditions below are met. In these limited circumstances, any additional necessary buffer decreases will use the alternative buffer width as the standard buffer width:

a. New Multifamily and Redevelopment for Multifamily, Commercial or Institutional Activities. The UGA alternative buffer width may be utilized for new multifamily development or redevelopment for multifamily, commercial or institutional activities when all of the following are met:

i. The proposal provides a HMP which demonstrates greater riparian function will be provided than currently exists;

ii. The proposal does not impact functionally significant habitat, such as stands of mature trees or habitat corridors;

iii. The proposal will not significantly increase the threat of erosion, flooding, slope stability or other hazards on the site or on adjacent properties;

iv. Existing development within the UGA alternative buffer is legally established; and

v. The proposal complies with all other local and state regulations.

If utilizing a previously developed site, the exemption criteria provided in Section 19.100.125(D) and standards for existing development in Section 19.100.130(A)(2) shall apply, such that no new development activity may further intrude into the UGA alternative buffer width or critical area.

b. Ecosystem Restoration Projects. Ecosystem restoration projects are those actions that manipulate the physical, chemical or biological characteristics of a site with the goal of returning natural or historic functions. Restoration requires more than vegetative buffer enhancement and can include, but is not limited to, daylighting of a piped stream, remeandering of a channelized stream, or reestablishment of a habitat corridor through removal of existing barriers. The director shall determine, in consultation with affected agencies and tribes as necessary, whether a restoration project will qualify for the alternative buffer width. The use of the UGA alternative buffer width may be in conjunction with any use allowed in the zone.

5. Provisions for Decreasing Buffer.

a. In situations where the standard buffer cannot be met, and the applicant demonstrates consistence with mitigation sequencing per Section 19.100.155(D), the department may reduce the standard buffer width consistent with this section.

i. The department may reduce the standard buffer width by up to twenty-five percent in a Type I decision under Chapter 21.04.

ii. Reductions of greater than twenty-five percent but less than or equal to fifty percent for single-family dwellings will be a Type II decision and require notification (see Chapter 19.800, Appendix E[1]).

[1] Editor's Note: Appendix E Critical Area Decision Types is included as an attachment to this title.

iii. Buffer reductions for single-family residences greater than fifty percent, and reductions greater than twenty-five percent for all other uses shall be pursuant to a Type III variance under Section 19.100.135, as appropriate.

iv. In all cases, mitigation sequencing shall be demonstrated per Section 19.100.155(D). When applicable, the order of sequence for buffer reductions shall be as follows:

(a) Use of buffer averaging (Type I), maintaining one hundred percent of the buffer area under the standard buffer requirement;

(b) When buffer averaging is not feasible, Type I administrative critical area buffer reduction;

(c) Type II administrative critical area buffer reduction;

(d) Type III quasi-judicial critical area variance.

b. When proposing Type I buffer averaging, the following shall be met:

i. The applicant submits a habitat management plan (HMP) that meets the requirements as described in Chapter 19.700 (Special Reports), including demonstration of mitigation sequencing as described in Section 19.100.155(D) and that such averaging can clearly provide as great or greater functions and values as would be provided under the standard buffer, and that the decrease in buffer width will not adversely impact the fish and wildlife habitat conservation area;

ii. The HMP is reviewed and the department, in consultation as necessary with the Washington State Department of Fish and Wildlife, determines that the averaging is the minimum necessary for the permitted use;

iii. The minimum buffer width at any point will not be less than seventy-five percent of the standard buffer width;

iv. The conditions are sufficient to assure no net loss of ecological functions of the fish and wildlife habitat conservation area; and

v. The area added to the buffer as part of averaging shall connect to existing habitat corridors whenever feasible.

c. When proposing a Type I or II administrative buffer reduction (not averaging) the following shall be met:

i. The applicant demonstrates that the criteria in Section 19.100.135(A) are met and buffer averaging under subsection (A)(5)(b) of this section is not feasible;

ii. The applicant submits a habitat management plan (HMP) that meets the requirements as described in Chapter 19.700 (Special Reports), including demonstration of avoidance and minimization (mitigation sequencing per KCC 19.100.155(D));

iii. The HMP is reviewed and the department, in consultation as necessary with the Washington State Department of Fish and Wildlife, determines that a reduction is the minimum necessary for the permitted use; and

iv. The conditions are sufficient to assure no net loss of ecological functions of the affected fish and wildlife habitat conservation area.

d. Variance. In cases where proposed development cannot meet the Type I buffer averaging or reduction, or the Type II administrative buffer reduction criteria described in this section, a Type III quasi-judicial variance shall be required as described in Section 19.100.135.

e. Protection of Significant Trees. In all cases of buffer reduction or averaging, significant trees within the standard buffer shall be identified as part of the habitat management plan. Any such tree that has a drip line extending beyond the reduced buffer edge shall follow the tree protection requirements below:

i. A tree protection area shall be designed to protect each tree or tree stand during site development and construction. Tree protection areas may vary widely in shape, but must extend a minimum of five feet beyond the existing tree canopy area along the outer edge of the dripline of the tree(s), unless otherwise approved by the department;

ii. Tree protection areas shall be added and clearly labeled on all applicable site development and construction drawings submitted to the department;

iii. Temporary construction fencing at least thirty inches tall shall be erected around the perimeter of the tree protection areas prior to the initiation of any clearing or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction;

iv. No clearing, grading, filling or other development activities shall occur within the tree protection area, except where approved in advance by the department and shown on the approved plans for the proposal;

v. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited;

vi. No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention in the tree protection area; and

vii. The department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.

f. Functionally Disconnected Buffer Area. Buffer areas that are functionally disconnected from a fish and wildlife habitat conservation area by significant development may be excluded from buffer requirements as provided herein. Significant development for purposes of this subsection means existing public or private roads, railroads, and other legally established private developments such as homes or commercial structures; driveways are not significant development. The director shall determine if a buffer area is functionally disconnected and whether the disconnect affects all or a portion of the buffer. Where only a portion of the buffer area is affected, the buffer exclusion shall be limited in scope to that affected area.

To establish that a buffer is functionally disconnected, the applicant must provide a habitat management plan, meeting the requirements of Chapter 19.700 (Special Reports), confirming the existence of a distinct break in connectivity of the buffer, that there are no other hydraulic connections across the significant development (e.g., culvert), and that the disconnect blocks the protective measures provided by the buffer. Where a buffer area has been determined to be functionally disconnected, whether in whole or in part, that area may be excluded from the buffer with the following conditions:

i. All other applicable provisions of this chapter shall be met, including demonstration of no net loss of applicable functions; and

ii. All significant trees within the fish and wildlife habitat conservation buffer shall be identified and retained.

6. Provision for Increasing Buffer. The department may increase the buffer width beyond the standard buffer width when greater protection is necessary based on specific site conditions and project features, to preserve riparian functions and values and protected species. A determination that a larger protection area is needed shall be based on the following factors:

a. The development proposal has known locations of priority habitats and/or species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; or

b. Buffers for Streams in Ravines. For streams in ravines with ravine sides ten feet or greater in height, the buffer width shall be the minimum buffer required for the stream type, or a buffer width that extends twenty-five feet beyond the top of the slope, whichever is greater. Building setbacks for geologically hazardous areas may still apply (Chapter 19.400), if determined necessary.

c. Channel Migration Zones. In areas where channel migration zones can be identified the buffer distance shall be measured from the edge of the channel migration zone. Building setbacks for geologically hazardous areas may also apply (Chapter 19.400), if determined necessary.

7. Protection of Buffers. The buffer shall be identified on a site plan and on site as required by the department and this chapter. Refuse shall not be placed in buffers.

a. Fish and wildlife habitat conservation area buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on fish and wildlife habitat conservation areas or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per county approval.

b. The department may require that permanent signs and/or fencing be placed on the common boundary between a fish and wildlife habitat conservation area buffer and the adjacent land of the project site. Such signs will identify the fish and wildlife habitat conservation area buffer. The department may approve an alternate method of fish and wildlife habitat conservation area and buffer identification, if it provides adequate protection to the fish and wildlife habitat conservation area and buffer.

8. Building or Impervious Surface Setback Lines. A building or impervious surface setback line of fifteen feet, or as determined by a HMP, is required from the edge of any fish and wildlife habitat conservation area buffer. Minor structural or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the fish and wildlife habitat conservation area. The setback shall be identified on a site plan.

9. Piped Watercourses. It is recognized that within the urban environment, many historical streams have been substantially modified to accommodate development. Development along an underground piped watercourse may only require a fifteen-foot setback on either side (unless otherwise required or otherwise recorded) of the centerline of the piped watercourse when demonstrated that:

a. The segment or immediately adjacent stream segments are not reasonably feasible for future restoration, as verified by the county, WDFW and affected tribe(s) and based on both upstream and downstream infrastructure;

b. The piped stream is currently of adequate size to accommodate flow capacity within the watershed, both at time of application and accounting for increased flow due to climate change; and

c. Riparian functions are still enhanced to the greatest extent possible (rain gardens, native vegetation enhancement, etc.).

B. Class I Wildlife Habitat Conservation Areas Development Standards. All development permits within known Class I wildlife habitat conservation areas will require the submittal and approval of a habitat management plan (HMP) as specified in Chapter 19.700 (Special Reports). In the case of bald eagles, a HMP will not be required, but additional state and federal permits and/or timing considerations for construction may be required to ensure compliance with all federal laws, including the Federal Bald and Golden Eagle Protection Act (16 USC 668) to avoid impacting eagles and their habitat. In the case of listed fish species, a HMP shall be required only if a buffer reduction is proposed under the provisions of subsection (A) of this section. The HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation.

C. Class II Wildlife Habitat Conservation Area Development Standards. All development permits within known Class II wildlife conservation areas may require the submittal of a habitat management plan (HMP), as determined during the SEPA/critical areas review on the project. The HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation.

D. Stream Crossings. Any private or public road expansion or construction proposed to cross streams classified within this title shall comply with the following minimum development standards. All other state and local regulations regarding water crossing structures will apply, and the use of the Water Crossing Design Guidelines (WDFW, 2013) and Incorporating Climate Change into the Design of Water Crossing Structures (WDFW, 2017) or as amended, is encouraged.

1. Crossings shall not occur in salmonid streams unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact or be of insufficient size to maintain function for salmon spawning, holding or passage areas, new or upgraded crossings shall be relocated as determined by the Washington State Department of Fish and Wildlife (WDFW).

2. Bridges or bottomless culverts shall be required for all Type F streams that have salmonid habitat. Other alternatives may be allowed upon submittal of a habitat management plan that demonstrates that site conditions would preclude a bridge or bottomless culvert and that other alternatives would not result in significant impacts to the fish and wildlife conservation area, as determined appropriate through the Washington State Department of Fish and Wildlife (WDFW) hydraulic project approval (HPA) process. The plan must demonstrate that salmon habitat will be replaced on a 1:1 ratio.

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 or to provide mid-span footings for the purpose of increased floodplain connectivity.

4. Crossings shall not diminish flood carrying capacity.

5. Crossings shall serve multiple properties whenever possible.

6. Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity.

E. Stream Relocations. Stream relocations shall not be permitted unless for the purpose of flood protection and/or fisheries restoration and only when consistent with the WDFW hydraulic project approval (HPA) process and the following minimum performance standards:

1. The channel, bank and buffer areas shall be replanted and maintained with native vegetation that replicates a natural, undisturbed riparian condition, when required by a habitat management plan; and

2. For those shorelands and waters designated as frequently flooded areas pursuant to Chapter 19.500, 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.

F. Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their buffers, except those approved by the U.S. EPA or Washington Department of Ecology for use in fish and wildlife habitat conservation area environments and applied by a licensed applicator in accordance with the safe application practices on the label.

G. Land Divisions and Land Use Permits. All proposed divisions of land and land uses (subdivisions, short subdivisions, short plats, long and large lot plats, performance-based developments, conditional use permits, site plan reviews, binding site plans) that include fish and wildlife habitat conservation areas shall comply with the following procedures and development standards:

1. The open water area of lakes, streams, and tidal lands shall not be used in calculating minimum lot area.

2. Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts, or as an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title.

3. In order to avoid the creation of nonconforming lots, each new lot shall contain at least one building site that meets the requirements of this title, including buffer requirements for habitat conservation areas. This site shall also have access and a sewage disposal system location that are suitable for development and do not adversely impact the fish and wildlife conservation area.

4. After preliminary approval and prior to final land division approval, the department may require that the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the buffer.

5. In order to implement the goals and policies of this title; to accommodate innovation, creativity, and design flexibility; and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the performance-based development process is strongly encouraged for projects within designated fish and wildlife habitat conservation areas.

H. Agricultural Restrictions. In all development proposals that would introduce or expand agricultural activities, a net loss of functions and values to the critical area shall be avoided by at least one of the following methods:

1. Locate fencing no closer than the outer buffer edge; or

2. Implement a farm resource conservation and management plan agreed upon by the conservation district and the applicant to protect and enhance the fish and wildlife habitat conservation area.

I. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretive centers, and viewing platforms, may be allowed in fish and wildlife habitat conservation areas or their buffers 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.

2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat.

3. Viewing platforms, interpretive centers, benches, and picnic areas, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area. Platforms shall be limited to one hundred square feet in size, unless demonstrated through a habitat management plan that a larger structure will not result in a net loss of habitat and critical functions.

4. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer twenty-five percent of the buffer, except where stream crossings or for direct access to viewing areas have been approved by the department.

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 demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials except where determined infeasible.

6. Regional or public trails and trailrelated facilities as identified in the 2013 Kitsap County Non-Motorized Facility Plan (and associated recognized community trails) and as amended, and provided design considerations are made to minimize impacts to critical areas and buffers shall not be subject to the platform, trail width, or trail material limitations above. Such trails and facilities shall be approved through special use review (Section 19.100.145), unless any underlying permit requires a public hearing, and must still provide a habitat management plan, demonstrating mitigation sequencing to achieve no net loss of ecological functions.

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

1. The normal and routine utility maintenance or repair authorized in Section 19.100.125 shall be allowed within designated fish and wildlife habitat conservation areas, subject to best management practices.

2. Construction of utilities may be permitted in fish and wildlife habitat conservation areas or their buffers, only when no practicable or reasonable alternative location is available. Utility construction shall adhere to the development standards set forth in subsections (J)(5) and (J)(6) of this section. As required, special reports (Chapter 19.700) shall be reviewed and approved by the department.

3. Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife habitat conservation areas or their buffers only when: (a) the applicant demonstrates that the location is necessary to meet state or local health code requirements; (b) there are no other practicable alternatives available; and (c) construction meets the requirement of this chapter. Joint use of the sewer utility corridor by other utilities may be allowed.

4. New utility corridors shall not be allowed in Class I or II fish and wildlife habitat conservation areas (Section 19.300.310(B)) except in those circumstances where an approved HMP indicates that the utility corridor will not significantly impact the conservation area.

5. Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat conservation areas and their buffers by utilizing the following methods:

a. New utility corridors shall be aligned to avoid cutting significant trees as defined in this title, or trees greater than twelve inches in diameter at breast height (four and one-half feet) measured on the uphill side, unless no reasonable alternative location is available.

b. In order of preference, new utility corridors shall be located:

i. On an existing road;

ii. On an existing bridge;

iii. Placed deep enough under the culvert to allow for future culvert replacement and to avoid grade barriers or otherwise placed well below the scour depth of the watercourse to prevent natural scouring of the stream bed from exposing the pipeline or cable per WAC 220-660-270(4)(a).

c. New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction, or as soon thereafter as possible due to seasonal growing constraints. The utility entity shall ensure that such vegetation survives.

d. Any additional corridor access for maintenance shall be provided at specific points rather than by parallel roads, unless no reasonable alternative is available. If parallel roads are necessary, they shall be the minimum width necessary for access, but no greater than fifteen feet; and shall be contiguous to the location of the utility corridor on the side away from the conservation area. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.

6. Utility corridor maintenance shall include the following measures to protect the environment of fish and wildlife habitat conservation areas:

a. Utility towers shall be painted with brush, pad or roller and shall not be sandblasted or spray painted, unless appropriate containment measures are used. Lead-based paints shall not be used.

b. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their buffers except those approved by the U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology. Where approved, they must be applied by a licensed applicator in accordance with the safe application practices on the label.

K. Bank Stabilization. A stream channel and bank, or shoreline, may be stabilized when documented naturally occurring earth movement presents an imminent threat to existing primary structures (defined as requiring a building permit pursuant to Chapter 14.04, the Kitsap County building and fire codes), to public improvements, to unique natural resources, to public health, safety or welfare, to the only feasible access to property, or, in the case of streams, when such stabilization results in the maintenance of fish and wildlife habitat, flood control for the protection of primary structures and appurtenances, or improved water quality.

1. Channel, bank and shoreline stabilization may also be subject to the standards of Titles 15 (Flood Hazard Areas) and 22 (Shoreline Master Program). Documentation of earth movement and/or stability shall be provided through Section 19.700.725 (special reports), geological and geotechnical report requirements.

2. Where bank stabilization is determined to be necessary, soft-shore protective techniques shall be evaluated and may be required over other types of bank protection. Techniques include, but are not limited to, gravel berms, vegetation plantings, and placement of large, woody debris (logs and stumps), or recommended techniques in accordance with an approved critical area assessment and the guidelines of the Washington State Integrated Streambank Protection Guidelines (2003, or as amended). Special consideration shall be given to protecting the functions of channel migration zones.

3. Bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated through a geotechnical report (see Section 19.700.725) that an existing residential structure cannot be safely maintained without such measures, and that the resulting retaining wall is the minimum length necessary to provide a stable building area for the subject structure. A variance pursuant to Section 19.100.135 must be obtained in all other cases.

4. The department may require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of rivers and streams, in coordination with a fisheries or habitat biologist with experience in stream or shoreline restoration (as applicable). Bank stabilization projects may also require a Kitsap County site development activity permit under Title 12 (Stormwater Drainage) and a hydraulic project approval (HPA) from WDFW.

L. Forest Practice, Class IV General and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this title, and with Titles 12 (Stormwater Drainage) and 22 (Shoreline Master Plan), including the maintenance of buffers, where required.

M. Road/Street Repair and Construction. When no other reasonable or practicable alternative exists, road or street expansion or construction is allowed in fish and wildlife habitat conservation areas or their buffers, subject to the following minimum development standards:

1. The road or street shall serve multiple properties whenever possible;

2. Public and private roads should provide for other purposes, such as utility corridor crossings, pedestrian or bicycle easements, viewing points, etc.;

3. 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;

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

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

N. Enhancement Activities. The following development and/or activities shall be exempt from the habitat assessment report and mitigation requirements of this section:

1. Development undertaken for the sole purpose of creating, restoring, or enhancing the natural functions of floodplains, streams, watercourses, fish and wildlife habitat, or riparian areas; provided, that:

a. The project complies with all other applicable federal, state, and local permit requirements and regulations; and

b. The development activities do not include the placement of fill or the creation of additional impervious surface areas.

2. Enhancement projects sponsored by Kitsap County, a federally recognized tribe, Washington Department of Fish and Wildlife, Kitsap County Conservation District, U.S. Natural Resources Conservation Service, U.S. Fish and Wildlife Service, Washington Department of Natural Resources, or other public agency approved by the director which are consistent with the county Comprehensive Plan, county floodplain management plans, water quality plans, and other plans adopted by the Kitsap County board of commissioners.

(Ord. 351 (2005) § 32, 2005; Ord. 376 (2007) § 5, 2007; Ord. 545 (2017) § 5 (Appx. (part)), 2017; Ord. 633 (2024) § 5 (App.), 2024)