A. 
Establishment of Buffers. The city manager shall require the establishment of buffer areas for activities in, or adjacent to, fish and wildlife habitats of importance when needed to protect fish and wildlife habitats of importance. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions and values of the affected habitat. Buffer enhancement may be required. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity, and site design proposed to be conducted on or near the critical area, and shall be consistent with the management recommendations issued by the Washington State Department of Fish and Wildlife.
B. 
Alterations Shall Not Degrade the Functions and Values of Habitat. Wildlife habitat areas of importance may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. Fish habitat areas of importance may be altered only when necessary to install water-dependent developments that are mitigated consistent with this chapter and Division I of KMC Title 16 (Shoreline Management), when applicable.
C. 
Nonindigenous Species Shall Not Be Introduced. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a fish and wildlife habitat of importance unless authorized by a State or federal permit or approval.
D. 
Mitigation Shall Result in Contiguous Habitat. When feasible, mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical areas report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.
E. 
Mitigation Shall Achieve Equivalent or Greater Biological Functions. Mitigation of alterations to habitat areas of importance shall achieve equivalent or greater biologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.
F. 
Approvals Shall Be Supported by the Best Available Science. Any approval of alterations or impacts to a fish and wildlife habitat of importance shall be supported by the best available science. Special consideration shall be given to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat, such as salmon and bull trout, as required by WAC 365-195-900 through 365-195-925.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1); Ord. 24-0624 § 5 (Exh. C))
A. 
Great Blue Heron Rookery.
1. 
A buffer equal to the distance of a 656-foot radius measured from the outermost nest tree in the rookery will be established around an active rookery. This area will be maintained in native vegetation. For the Kenmore heron rookery located adjacent to the Kenmore park-and-ride lot, the buffer excludes the area south of the north edge of the State Route 522 right-of-way and west of the east edge of the 73rd Avenue NE right-of-way.
2. 
Between January 1st and July 31st, no clearing, grading or land-disturbing activity shall be allowed within 656 feet of the rookery unless approved by the City. For the Kenmore heron rookery located adjacent to the Kenmore park-and-ride lot, the area south of the north edge of the State Route 522 right-of-way and west of the east edge of 73rd Avenue NE right-of-way is excluded.
3. 
Approval of permits for activities within the heron rookery buffer shall not occur prior to the approval of a habitat management plan by the City.
B. 
Anadromous Fish.
1. 
All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:
a. 
Activities shall be timed to occur only during the allowable work window as designated by the Washington State Department of Fish and Wildlife for the applicable species;
b. 
Applicant must demonstrate that an alternative alignment or location for the activity is not feasible;
c. 
The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; and
d. 
Any impacts to the functions or values of the anadromous fish habitat are mitigated in accordance with an approved habitat management plan.
2. 
Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. See also KMC § 18.55.420(C).
(Ord. 11-0329 § 3 (Exh. 1); Ord. 12-0334 § 17; Ord. 19-0488 § 2 (Exh. 1))