City of Shoreline, WA Subchapter 3 Fish and Wildlife Habitat Conservation Areas

§ 20.80.310 Fish and wildlife habitat – Designation and purpose.

A. Fish and wildlife habitat conservation areas are lands managed for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created.

Fish and wildlife habitat conservation areas include:

1. Areas with which State and Federal designated threatened, endangered, and sensitive species have a primary association; and

2. Priority species and habitats listed by the Washington State Department of Fish and Wildlife, including corridors which connect priority habitat features; and

3. Areas which provide habitat for species of local significance, which have been or may be identified in the City of Shoreline Comprehensive Plan; and

4. Streams and riparian management zones which provide important habitat corridors; help maintain water quality; store and convey stormwater and floodwater; recharge ground water; and serve as areas for recreation, education, scientific study, and aesthetic appreciation; and

5. Wetlands and their associated buffers; and

6. The waters, bed and shoreline of Puget Sound up to the ordinary high water mark.

B. The purpose of fish and wildlife habitat conservation areas is to:

1. Protect Federal and State listed habitats and species and give special attention to protection and enhancement of anadromous fish populations; and

2. Maintain a diversity of species and habitat within the City; and

3. Coordinate habitat protection to maintain and provide habitat connections; and

4. Help maintain air and water quality and control erosion.

(Formerly 20.80.260. Ord. 238 Ch. VIII § 4(A), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)

§ 20.80.315 Fish and wildlife habitat – Classification.

Fish and wildlife habitat conservation areas are those areas designated by the City based on review of the best available science; input from Washington Department of Fish and Wildlife, Washington Department of Ecology, U.S. Army Corps of Engineers, Tribes, and other agencies; and any of the following criteria:

A. Areas Where State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association.

1. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. Federally designated endangered and threatened species known to be identified and mapped by the Washington State Department of Wildlife in Shoreline include, but may not be limited to, the following:

a. Chinook (Oncorhynchus tshawytscha);

b. Southern resident orca or killer whales (Orcinus orca).

c. Puget Sound steelhead (Oncorhynchus mykiss).

2. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington that are 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 as identified by the Washington State Department of Fish and Wildlife. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (State endangered species) and WAC 232-12-011 (State threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. State designated endangered, threatened, and sensitive species known to be identified and mapped by the Department of Fish and Wildlife in Shoreline include, but may not be limited to, the following:

a. Northern goshawk (Accipiter gentilis);

b. Purple martin (Progne subis).

B. State Priority Habitats and Species. Priority habitats and species are considered to be priorities for conservation and management. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. Priority habitats and species are identified by the State Department of Fish and Wildlife (DFW) in the Priority Habitats and Species List. Priority habitats and species known to be identified and mapped by the Department of Fish and Wildlife in Shoreline include, but may not be limited to, the following:

1. Biodiversity areas and corridors identified and mapped along Boeing Creek and in and around Innis Arden Reserve Park;

2. Chinook/fall chinook (Oncorhynchus tshawytscha);

3. Coho (Oncorhynchus kisutch);

4. Dungeness crab (Cancer magister);

5. Estuarine intertidal aquatic habitat;

6. Geoduck (Panopea abrupta);

7. Northern goshawk (Accipiter gentilis);

8. Pacific sand lance (Ammodytes hexapterus);

9. Purple martin (Progne subis);

10. Resident coastal cutthroat (Oncorhynchus clarki);

11. Surf smelt (Hypomesus pretiosus);

12. Waterfowl concentrations at Ronald Bog (Ronald Bog is not a shoreline of the State subject to the SMP); and

13. Winter steelhead (Oncorhynchus mykiss).

C. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW.

D. Kelp and eelgrass beds and herring and smelt spawning areas.

E. Waters of the State. Waters of the State include 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 WAC 222-16-030. Streams are those areas where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they are used by fish or are used to convey streams naturally occurring prior to construction. A channel or bed need not contain water year-round; provided, that there is evidence of at least intermittent flow during years of normal rainfall. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby adopted in its entirety by reference.

(Formerly 20.80.270. Ord. 238 Ch. VIII § 4(B), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)

§ 20.80.320 Fish and wildlife habitat – Buffer areas and riparian management zone.

A. Buffer widths for fish and wildlife habitat areas shall be based on consideration of the following factors: species-specific recommendations of the Washington State Department of Fish and Wildlife; recommendations contained in a habitat management plan submitted by a qualified professional; and the nature and intensity of land uses and activities occurring on the land adjacent to the site.

B. Riparian management zones are the area adjacent to a stream that has the potential to provide full riparian ecosystem functions for a stream including but not limited to bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wild-life habitat.

C. Standard Required Riparian Management Zone Widths. Riparian management zones shall be located on both sides of the stream and measured from the ordinary high water mark (OHWM) or the top of the bank, or the outer edge of the channel migration zone (if one exists), whichever is greater. Based on the site potential tree height (SPTH₂₀₀) in the Washington State Department of Fish and Wildlife’s 2020 Riparian Ecosystems, Volume 2: Science Synthesis and Management Implications, all streams in Shoreline, except piped streams, have a standard riparian management zone width of 200 feet. Piped streams do not have a riparian management zone, but rather a buffer of 10 feet on each side of the piped stream. Buffers of piped streams shall be measured with rounded ends where streams enter or exit piped segments.

D. Increased Riparian Management Zone Widths. The standard riparian management zone widths shall be increased, as follows:

1. When the qualified professional determines that the standard width is insufficient to protect the functions and values of the stream;

2. When the flood hazard area exceeds the standard width, the riparian management zone shall extend to the outer edge of the flood hazard area; or

3. When the habitat area is within an erosion or landslide hazard area, or buffer, the riparian management zone width shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater.

E. Reduced Riparian Management Zone Width. A reduced standard riparian management zone width may be allowed under the following circumstances:

1. A report prepared by a qualified professional is submitted that demonstrates that the site potential tree height (SPTH₂₀₀) of the predominant tree species is less than the standard width; however, the minimum riparian management zone width shall not be less than 100 feet. The report shall include a site-specific soil analysis completed by a licensed geologist or related licensed professional using Washington Department of Fish and Wildlife’s most recent version of Guidelines for Determining Site Potential Tree Height from Field Measurements;

2. When the voluntary daylighting of a stream that is not required as mitigation for a development proposal a 25 percent reduction to the standard riparian management zone width is allowed. Further reductions in the standard riparian management zone width may be granted for daylighting if all of the following are demonstrated:

a. A riparian management zone 75 percent of standard width would significantly limit the use of the property for existing or permitted uses, thus making the restoration project infeasible;

b. The proposed width reduction is the minimum necessary to achieve the restoration project;

c. There will be a net environmental benefit from the restoration project with the reduced riparian management zone width; and

d. Granting the proposed relief is consistent with the objectives of the stream daylighting project and consistent with purposes of the City’s critical area regulations.

3. A maximum of 25 percent reduction to the standard riparian management zone width may be allowed, provided the following criteria are met:

a. The riparian management zone area being reduced is already impacted by legally constructed nonconforming improvements or sparsely vegetated or vegetated with invasive species; and

b. A qualified professional provides an assessment of existing functions of the riparian management zone consistent with SMC § 20.80.325(B)(4); and

c. A qualified professional provides an on-site riparian management zone enhancement plan. On-site enhancement measures may include enhancement to the riparian management zone or the stream. The enhancement measures determined most applicable and/or appropriate will be considered. The enhancement plans shall include a written assessment and accompanying maps and a planting plan of site-appropriate native species at natural densities including the following information at a minimum:

i. A description of existing riparian management zone conditions and existing ecological functions;

ii. A description of proposed riparian management zone enhancement measures and how proposed enhancement measures will increase riparian management zone functions in terms of stream and fish habitat protection;

iii. A finding that the riparian management zone width reduction and associated enhancement result in no net loss of ecological function and that enhancement will improve upon existing functions; and

iv. A monitoring program and contingency plan consistent with SMC § 20.80.100(D).

F. Physically Separated and Functionally Isolated Riparian Management Zones. Consistent with the definition of Riparian Management Zones (SMC § 20.20.044), areas that are functionally isolated and physically separated from stream due to existing, legally established roadways, railroads or other legally established structures or paved areas eight feet or more in width that occur between the area in question and the stream shall be considered physically isolated and functionally separated from the stream and shall not be subject to the standards of this chapter. The obstruction causing the physical isolation or functional separation shall be significant enough in size that the riparian management zone cannot reasonably perform any of the ecological functions of a riparian management zone including bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wildlife habitat. A critical areas assessment prepared by a qualified professional determining whether the area is functionally isolated is required unless deemed unnecessary by the Director.

(Formerly 20.80.280. Ord. 238 Ch. VIII § 4(C), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. B), 2020; Ord. 1045 § 1 (Exh. A), 2025)

§ 20.80.325 Fish and wildlife habitat – Critical area report requirements.

A. Report Required. If the Director determines that the site of a proposed development includes, is likely to include, or is adjacent to a fish and wildlife habitat conservation area, a critical area report shall be required. Critical area report requirements for fish and wildlife habitat conservation areas are generally met through submission to the Director of one or more fish and wildlife habitat critical area reports. In addition to the general critical area report requirements of SMC § 20.80.065, critical area reports for fish and wildlife habitat conservation areas must meet the requirements of this section. Critical area reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.

B. Minimum Report Contents for Fish and Wildlife Habitat Conservation Areas. The critical area written report(s) and accompanying plan sheet(s) shall contain the following information at a minimum:

1. The minimum report contents required per SMC § 20.80.065(D);

2. A discussion of the potential impacts to the fish and wildlife habitat conservation areas associated with anticipated hydroperiod alterations from the project;

3. Habitat Assessment. A critical area report for a fish and wildlife habitat conservation area shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:

a. Detailed description of vegetation on and adjacent to the project area and its associated buffer;

b. Identification of any species of local importance, priority habitat or species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

c. A discussion of any Federal, State, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality;

e. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.

4. Additional Technical Information Requirements for Streams. Critical area reports for streams must be consistent with the specific development standards for streams in SMC § 20.80.330 and may be met through submission of one or more specific report types. In addition to the basic critical area report requirements for fish and wildlife habitat conservation areas, technical information on streams shall include the following information at a minimum:

a. A written assessment and accompanying maps of the stream and associated hydrologic features on and off site within 300 feet of the project area meeting the standards set by the Director.

b. A detailed description and functional assessment of the riparian management zone under existing conditions pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous fisheries;

c. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and stream functions;

d. A discussion of ongoing management practices that will protect stream functions and habitat value through maintenance of vegetation density within the riparian management zone.

(Formerly 20.80.290. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)

§ 20.80.330 Fish and wildlife habitat – Alterations.

A. Activities and uses shall be prohibited in fish and wildlife habitat conservation areas and associated buffers, except as provided for in this subchapter. Unless specifically exempted under SMC § 20.80.075 and/or allowed under SMC § 20.80.080, or this section, development activities and uses that result in alteration of fish and wildlife habitat conservation areas shall be subject to the critical area reasonable use and special use provisions of SMC §§ 20.30.333 and 20.30.336, or subject to the provisions of the Shoreline Master Program where located within the shoreline jurisdiction.

B. Activities Allowed in Fish and Wildlife Habitat Conservation Areas. The activities listed below are allowed in fish and wildlife habitat conservation areas. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction. These activities do not require the submission of a critical area report.

1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing habitat conservation area.

2. Clearing, grading, and the construction of fences and arbors are allowed within the required 10-foot stream buffers for a piped stream segment, if no other critical area or buffer is present.

C. Activities Allowed in Riparian Management Zones. The activities listed below are allowed in riparian management zones with the approval of a critical area report consistent with SMC § 20.80.065 and 20.80.325. Additional allowed activities are listed in SMC § 20.80.080, Allowed activities. Exemptions are listed in SMC § 20.80.075, but do not apply within the shoreline jurisdiction.

1. New Road and Utilities. Construction of new roads, utilities, and associated accessory structures, when no feasible alternative location exists; or

2. Low Impact Stormwater Management Facilities. Establishment of low-impact stormwater management facilities, such as stormwater dispersion outfalls and bioswales, may be allowed consistent with the adopted stormwater manual; provided, that:

a. No other location is feasible;

b. Pipes and conveyance facilities only in the outer 25 percent of the riparian management zone;

c. Low-impact stormwater management facilities consistent with the adopted stormwater manual may be allowed anywhere within riparian management zones when determined by a qualified professional that the location of the facility will enhance the riparian management zone and protect the stream; and

d. Such facilities are designed consistent with the requirements of SMC § 20.70.330.

3. One Time Expansion. A one-time expansion of hardscape, up to 500 square feet, on an existing legally developed property lying within the riparian management zone may be permitted when the following conditions are met:

a. The expansion would occur at least 100 feet from the edge of the stream’s ordinary high water mark; and

b. The expansion is no closer to the stream’s ordinary high-water mark than the existing legally established development; and

c. The expansion is consistent with other applicable development regulations; and

d. A mitigation plan consistent with SMC §§ 20.80.100 and 20.80.335 is approved; and

e. Prior to final inspection, the applicant shall record a covenant or other restriction with the subject property’s title indicating that no further expansion of the building footprint or hardscape area is allowed within the riparian management zone on the site.

D. General Standards for Alteration of Fish and Wildlife Habitat Conservation Areas.

1. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a fish and wildlife habitat conservation area unless authorized by a State or Federal permit or approval.

2. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season.

3. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers or riparian management zones is subject to the following:

a. Land that is located wholly within a fish and wildlife habitat conservation area or its buffer may not be subdivided;

b. Land that is located partially within a fish and wildlife habitat conservation area or its buffer may be divided; provided, that the developable portion of each new lot and its access is located outside of the fish and wildlife habitat conservation area or its buffer. The final lots must each meet the minimum lot size requirements of SMC § 20.50.020.

c. Access roads and utilities serving the proposed subdivision may be permitted within the fish and wildlife habitat conservation area and associated buffers only if the applicant’s qualified professional(s) demonstrate, and the City determines, that no other feasible alternative exists, all unavoidable impacts are fully mitigated, and the use is consistent with this chapter.

E. Alteration of Endangered, Threatened, and Sensitive Species Habitat. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which State or Federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable State or Federal agency.

1. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which State or Federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the City. Approval for alteration of the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate Federal or State agencies.

F. Alteration of Priority Habitats. Fish and wildlife habitat conservation areas or buffers with which species that are not State or Federally listed as endangered, threatened, or sensitive species and are not anadromous fish species shall be subject to the following:

1. Development activities and uses that result in unavoidable impacts may be permitted in priority species habitat areas and associated buffers in accordance with an approved critical area(s) report and habitat management plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions of habitat and buffer areas shall be provided in compliance with the mitigation performance standards and requirements of these regulations.

G. Additional Requirements for Alteration of Waters Containing Anadromous Fish. 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:

1. Subsection E of this section applies to anadromous fish where those populations are identified as endangered, threatened or sensitive species;

2. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species;

3. An alternative alignment or location for the activity is not feasible;

4. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas and any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical area report;

5. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and

6. Structures that prevent migration shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided, consistent with RCW 77.57.030, that allow the upstream migration of adult fish and prevent fry and juveniles migrating downstream from being trapped or harmed; and

7. Fills, when authorized by the City and all applicable joint aquatic resource permit application approvals, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use.

H. Additional Requirements for Alteration of Streams. All activities shall be designed and constructed in accordance with applicable state regulations, including provisions governing fish passage and habitat protection.

1. Type S, F and Np Streams. Unless specifically exempted under SMC § 20.80.075 and/or allowed under SMC § 20.80.080, or this section, development activities and uses that result in alteration of type S, F and Np streams and their riparian management zones shall be prohibited, subject to the critical area reasonable use and special use provisions of SMC § 20.30.333 and 20.30.336, or subject to the provisions of the Shoreline Master Program where located within the shoreline jurisdiction.

2. Type Ns Streams. Development activities and uses that result in unavoidable impacts may be permitted in Type Ns streams and associated riparian management zones in accordance with an approved critical area(s) report and compensatory mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions of streams and riparian management zones shall be provided in compliance with the mitigation performance standards and requirements of these regulations.

3. Stream Crossing. Crossing of streams may be permitted based on the findings in a critical area report, subject to the limitations in subsections (H)(1) and (H)(2) of this section, and consistent with the following:

a. Bridges. Bridges shall be used to cross Type S and Type F-anadromous streams. Culverted crossings and other obstructive means of crossing Type S and Type F-anadromous streams shall be prohibited; and

b. Culverts. Culverts are allowed for crossing of Type F-nonanadromous, Np, and Ns streams when fish passage will not be impaired and when the following design criteria and conditions are met:

i. The City may require that a culvert be removed from a stream as a condition of approval, unless it is demonstrated conclusively that the culvert is not detrimental to fish habitat or water quality, or removal would be detrimental to fish or wild-life habitat or water quality.

4. Relocation. Relocation of a Type S, F, or Np stream may be allowed, subject to the limitations in subsections (H)(1) of this section, and only when the proposed relocation is part of an approved mitigation or rehabilitation plan, will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream. Relocation of a Type Ns stream may be allowed, subject to the limitation in subsection (H)(2) of this section, and only when the proposed relocation will result in equal or better habitat and water quality and will not diminish the flow capacity of the stream.

5. Restoring Piped Watercourses. The City allows the voluntary opening of previously channelized/culverted streams and the rehabilitation and restoration of streams. Restoring piped watercourses may be approved, consistent with the following:

a. When piped watercourse sections are restored, a riparian management zone shall be required of the stream section. The width shall be consistent with SMC § 20.80.320(E)(2). The stream and riparian management zone shall include habitat improvements and measures to prevent erosion, landslide, and water quality impacts. Opened channels shall be designed to support fish and wildlife habitat and uninhibited fish access, unless determined to be unfeasible as demonstrated in a restoration plan reviewed and approved by the City;

b. Removal of pipes conveying streams shall only occur when the City determines that the proposal will result in an improvement of water quality and ecological functions and will not significantly increase the threat of erosion, flooding, slope stability, or other hazards; and

c. Where the riparian management zone of the restored stream would extend onto an adjacent property, the applicant shall obtain a written agreement from the affected neighboring property owner prior to the City approving the restoration of the piped watercourse.

I. Alteration of Wetland Habitats. All proposed activities within or adjacent to fish and wildlife habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in Chapter 20.80 SMC, Subchapter 4, Wetlands. If nonwetlands habitat and wetlands are present at the same location, the provisions of this subchapter or the Wetlands subchapter, whichever provides greater protection to the habitat, apply.

(Formerly 20.80.274 and 20.80.276. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)

§ 20.80.335 Fish and wildlife habitat – Mitigation.

A. Requirements for Mitigation. Mitigation is required where impacts cannot be avoided and must be sufficient to achieve no net loss of ecological functions. Mitigation shall be consistent with the recommendations specific to the habitat or species of the Washington State Department of Fish and Wildlife Priority Habitat Program. Mitigation plans shall be prepared by a qualified professional and submitted as part of the required critical area report, consistent with the requirements of SMC § 20.80.100, and this section.

1. Additional Requirements for Stream Mitigation. Proposals which include mitigation for impacts to stream area functions and values shall demonstrate that:

a. All feasible and reasonable measures will be taken to reduce impacts and losses to the stream, or to avoid impacts where avoidance is required by these regulations;

b. The mitigated stream area or riparian management zone will be available and persistent as the stream or riparian management zone being compensated for; and

c. No overall net loss will occur in stream functions and values.

B. Preference of Mitigation Actions. Methods to achieve compensation for fish and wildlife habitat functions and values shall be approached in the following order of preference:

1. Protection. Mitigation measures that increase the protection of the identified fish and wild-life habitat conservation areas may include but are not limited to:

a. Increased or enhanced buffers;

b. Setbacks for permanent and temporary structures;

c. Reduced project scope;

d. Limitations on construction hours including seasonal restrictions of construction activities;

e. Limitations on hours of operation; and/or

f. Relocation of access;

2. Restoration. Restoration of degraded habitat.

3. Creation. Creation (establishment) of wildlife habitat on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative species. This should be attempted only when the site conditions are conducive to the habitat type that is anticipated in the design.

4. Enhancement. Enhancement of significantly degraded habitat in combination with restoration or creation. Enhancement includes replacing the impacted area and meeting appropriate ratio requirements.

5. Preservation. Preservation of high-quality, at-risk fish and wildlife habitat as compensation is generally acceptable when done in combination with restoration, creation, or enhancement; provided, that a minimum of 1:1 acreage replacement is provided by reestablishment or creation. Preservation of high-quality, at-risk fish and wildlife habitat may be considered as the sole means of compensation for habitat impacts when the following criteria are met:

a. Habitat impacts will not have a significant adverse impact on habitat for listed fish, or other ESA-listed species;

b. There is no net loss of habitat functions and values within the watershed or basin;

c. The impact area is small (generally less than one-half acre) and/or impacts are occurring to a low-functioning system; and

d. All preservation sites shall include buffer areas adequate to protect the habitat and its functions and values from encroachment and degradation.

C. Performance Standards. The following performance standards shall apply to any mitigation for development proposed within fish and wildlife habitat conservation areas, buffers, or riparian management zones:

1. The maintenance and protection of habitat functions and values shall be considered a priority in site planning and design;

2. Buildings and structures shall be located in a manner that preserves and minimizes adverse impacts to important habitat areas;

3. Retained habitat shall be integrated into open space and landscaping;

4. Habitat shall be located contiguous to other habitat areas, open space, or landscaped areas, both on and off site, to contribute to a continuous system or corridor that provides connections to adjacent habitat areas;

5. When planting is required, the following standards shall apply:

a. Native species, indigenous to the region, shall be used;

b. Plant selection shall be consistent with the existing or projected site conditions, including slope aspect, moisture, and shading;

c. Plants should be commercially available or available from local sources;

d. Plant species high in food and cover value for fish and wildlife shall be used;

e. A minimum of 75 percent of the planted species shall be perennial, unless a lower percentage is recommended by a qualified professional;

f. Committing significant areas of the site to species that have questionable potential for successful establishment shall be avoided;

g. Plant selection, densities, and placement of plants must be determined by a qualified professional and shown on the design plans;

h. Stockpiling soil and construction materials should be confined to upland areas and contract specifications should limit stockpiling of earthen materials to durations in accordance with City clearing and grading standards, unless otherwise approved by the City;

i. Planting instructions shall be submitted which describe placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;

j. Controlled release fertilizer shall be applied (if required) at the time of planting and afterward only as plant conditions warrant as determined during the monitoring process;

k. An irrigation system shall be installed, if necessary, for the initial establishment period;

l. The heterogeneity and structural diversity of vegetation shall be emphasized in landscaping; and

m. Significant trees, woody debris, and snags shall be preserved;

D. Location and Timing of Stream Mitigation.

1. Mitigation shall be provided on site, unless on-site mitigation is not scientifically feasible due to the physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site.

2. When mitigation cannot be provided on site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, provided such mitigation is beneficial to the fish and wildlife habitat conservation area and associated resources. Mitigation may be considered on City-owned property, or on similar publicly owned property through a City mitigation program if programmatic mitigation areas have been identified by the City.

3. Only when it is determined by the City that subsection (A)(1) of this section is inappropriate and impractical shall off-site, out-of-kind mitigation be considered.

4. When stream mitigation is permitted by these regulations on site or off site, the mitigation project shall occur near an adequate water supply (stream, ground water) with a hydrologic connection to the mitigation area to ensure successful development or restoration.

5. Any agreed-upon mitigation proposal shall be completed prior to project construction, unless a phased schedule that assures completion concurrent with project construction has been approved by the City.

6. Restored or created streams, where permitted by these regulations, shall be an equivalent or higher stream value or function than the altered stream.

7. Any in-water work shall follow the timing provisions from Hydrologic Project Approval from the Washington Department of Fish and Wildlife.

(Formerly 20.80.300. Ord. 238 Ch. VIII § 4(E), 2000; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)