A. 
See RMC § 22.10.360 for general exemptions to all critical areas.
B. 
The following activities shall be exempt from the provisions of this chapter related to fish and wildlife habitat conservation areas, provided they are conducted using best management practices:
1. 
Activities involving artificially created habitat, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities such as reservoirs, ponds, and landscape features, except for habitat areas created as mitigation.
C. 
Notwithstanding the exemption provided by this section, any otherwise exempt activities occurring in or near critical habitat areas shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize potential habitat impacts and shall consider the timing of exempt work to minimize disturbances to wildlife including disturbance to migratory bird nesting sites.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1; Ord. 16-21 § 1)
A. 
Fish and wildlife habitat conservation areas include the following:
1. 
Areas where state or federal designated endangered, threatened, and sensitive species have a primary association.
a. 
Federal designated endangered and threatened species are those fish, wildlife and plant 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 as necessary for current listing status.
b. 
State designated endangered, threatened and sensitive species are those fish, wildlife and plant species native to the state of Washington identified by the State Department of Fish and Wildlife and/or State of Washington Natural Heritage Program 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. The state of Washington's Department of Fish and Wildlife and/or Natural Heritage Program maintains the most current listings and should be consulted as necessary for current state listing status;
2. 
State priority habitats and areas associated with state priority species.
a. 
State of Washington priority habitats and species are considered priorities for conservation and management. The state of Washington's Department of Fish and Wildlife should be consulted for current listing of priority habitats and species;
3. 
Habitats and species of local importance. The city of Richland hereby adopts by reference those priority habitats and species considered priorities for conservation and management identified by the State Department of Fish and Wildlife and State of Washington Natural Heritage Program as now exist or as may be amended;
4. 
In addition to the priority habitats and species recognized by WDFW and/or State of Washington Natural Heritage Program, a process is provided for listing other habitats and species that are important locally to the people of Richland. This action may be initiated at the request of the Washington State Department of Fish and Wildlife, other government agency, city staff, nonprofit organization or interested citizen. Any such request shall be in writing and shall include:
a. 
The common and scientific name for a species under consideration;
b. 
Habitat location on a map (scale 1:24,000);
c. 
Demonstrate a need for special consideration based upon best available science and considering:
i. 
Declining or increasing population;
ii. 
Sensitivity to habitat manipulation; or
iii. 
Commercial or game value or other special value, such as public appeal;
d. 
Habitat management recommendations, including potential uses and restrictions of the habitat areas, seasonally sensitive areas and other guidelines necessary for the protection of the species;
e. 
Reasons for the species/habitat to be designated;
f. 
Name and address of the nominator, along with a list of property owners and mailing addresses for each property mapped as containing habitat and/or species;
g. 
Other supporting documentation (as determined by the administrator);
h. 
SEPA checklist;
i. 
Fee as established by the city of Richland fee schedule.
Submitted proposals shall be reviewed by city staff as a Type IV legislative action pursuant to RMC § 19.20.010(D)(2) and Chapter 19.90 RMC. Suggested amendments to this section of the critical areas regulations shall result in amendment no more often than once each calendar year with the deadline for submittal being January 31st. Copies of the proposal shall be submitted to WDFW and/or other local, state or federal agencies or experts for comments and recommendations regarding accuracy of the data and effectiveness of proposed management strategies as part of the public comment period. Approved nominations will be designated priority habitats/species as appropriate and will be given all protection under this chapter afforded other priority habitats and species;
5. 
The areas listed as a national wildlife refuge, national park, natural area preserve or any preserve or reserve designated under WAC 332-30-151;
6. 
The Yakima River Delta area, including Lake Wallula wildlife habitat areas currently managed by the U.S. Army Corps of Engineers, the Chamna Natural Preserve, Bateman Island;
7. 
The Hanford Islands in the Columbia River managed by the U.S. Fish and Wildlife Service;
8. 
Amon Creek Natural Preserve;
9. 
Badger Mountain Natural Preserve;
10. 
Category I wetlands as defined in RMC § 22.10.100;
11. 
State nature area preserves or natural resource conservation areas and state wildlife areas;
12. 
Documented habitat, other than accidental presence, of threatened or endangered species;
13. 
Documented habitat, other than accidental presence, of regional or national significance for migrating birds;
14. 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
15. 
Waters of the state;
16. 
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
B. 
Fish and wildlife habitat conservation areas are intended to:
1. 
Create a system of fish and wildlife habitat with connections between larger habitat blocks and open spaces, integrating with open space corridor planning where appropriate;
2. 
Limit the level of human activity within such areas that is appropriate for certain areas and habitats, including presence of roads and level of recreation type (passive or active recreation);
3. 
Protect riparian ecosystems including potential for restoring lost or impaired salmonid habitat;
4. 
Evaluate land uses that may negatively impact these areas, or conversely, that may contribute positively to their function;
5. 
Establish buffer zones around these areas to separate incompatible uses from habitat areas;
6. 
Establish or enhance nonregulatory approaches in addition to regulatory methods to protect fish and wildlife habitat conservation areas.
(Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 12-19 § 2; Ord. 16-21 § 1)
To determine the location and extent of fish and wildlife habitat conservation areas, the city shall use best available science, including current information contained in priority habitats and species maps as maintained by the Washington State Department of Fish and Wildlife. These maps shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of habitat areas shall be determined by a qualified professional according to the procedures, definitions, and criteria established by this article. In the event of any conflict between the habitat location or type shown on maps and the criteria or standards of this article, the criteria and standards resulting from the field investigation shall control.
Recovery plans and management recommendations for many of these species are available from the United States Fish and Wildlife Service, the National Marine Fisheries Service and the Washington State Department of Fish and Wildlife. Additional information is also available from the Washington State Department of Natural Resources, Natural Heritage Program, and Aquatic Resources Program.
It is also possible that unmapped areas may include priority habitats or species (PHS), endangered, threatened or sensitive (ETS) species, or habitats and species of local importance (HSLI). If such a species is known to exist within an unmapped area, the type, extent and boundaries of this area shall be determined by a qualified professional.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 12-19 § 3; Ord. 16-21 § 1)
When development is proposed within a fish and wildlife habitat conservation area or its buffer, or where development is proposed to be located adjacent to a fish and wildlife habitat conservation area or its buffer or close enough to the FWHCA so as to likely impact critical area ecosystem functions and values, a habitat conservation report shall be prepared consisting of the following:
A. 
The report shall be prepared by a qualified professional using the best available science;
B. 
The area addressed in any report for a fish and wildlife habitat conservation area shall include the project area and adjacent lands within 300 feet of the project boundaries to account for potential buffers that may not be accurately mapped at the time of application. Further the report shall identify all habitat conservation areas, shorelines, floodplains, other critical areas and related buffers;
C. 
A habitat conservation report shall include an assessment to evaluate the presence or absence of priority habitat. At a minimum the habitat assessment shall include:
1. 
Detailed description of vegetation on and adjacent to the project area, including the existence or nonexistence of plant species native to the state of Washington identified by the State of Washington Natural Heritage Program 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;
2. 
Identification of any priority species and habitats (PHS) or any endangered, threatened, sensitive or candidate species and any habitat or species of local concern that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the protected habitat or use of the site by the species;
3. 
A discussion of any federal, state or local special management recommendations, including Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;
4. 
A discussion of measures, including avoidance, minimization and mitigation proposed to preserve existing habitats or restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with RMC § 22.10.220 (mitigation sequencing);
5. 
A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs;
6. 
When warranted, the administrator may require detailed surface and subsurface hydrologic features both on and adjacent to the site;
D. 
Habitat conservation area reports shall be forwarded to the Washington Department of Fish and Wildlife and local Native American Indian tribes to provide them with an opportunity to comment on the adequacy and accuracy of the report;
E. 
The administrator may waive the requirement for the preparation of a habitat conservation area report upon a determination that by reason of previous development the proposed project site does not provide functional habitat. Such waiver shall be made in writing and a copy shall be provided to the Washington State Department of Fish and Wildlife.
(Ord. 48-93; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 12-19 § 4; Ord. 16-21 § 1)
Development or any regulated activity occurring within a designated habitat conservation area or within its respective protection buffer, or development or any regulated activity proposed to occur adjacent to, or close enough to, a habitat conservation area so as to likely impact critical area ecosystem functions and values, shall only be permitted in accordance with the conditions of an approved habitat conservation area report. Such report shall be based on the following standards using the best available science:
A. 
Consider habitat in site planning and design;
B. 
Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas, including use of bird-friendly building design and use of dark sky lighting standards;
C. 
Integrate retained habitat into open space and native plantings, consistent with the provisions of all open space and landscaping requirements;
D. 
Activity within or close to a habitat conservation area shall not result in the degradation of the functions and values of the habitat;
E. 
Nonindigenous species shall not be introduced into a habitat conservation area;
F. 
Contiguous corridors through a project area shall be maintained. Measures necessary to mitigate impacts within a habitat conservation area shall attempt to achieve contiguous functioning habitat corridors in order to minimize the isolating effects of development on habitat;
G. 
Identify habitat contiguous to other habitat areas, open space or landscape areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas and allows movement of wildlife;
H. 
Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat areas;
I. 
Emphasize heterogeneity and structural diversity of vegetation in landscaping and food producing plants beneficial to wildlife;
J. 
Width of riparian corridors shall be in accordance with buffer widths suggested by BAS, including WDFW publication Riparian Ecosystems, Volume 2: Management Recommendations, May 2018, or as revised. Riparian corridors shall also meet the minimum requirements as established in RMC Title 26 and wetland buffer requirements as established in RMC § 22.10.110;
K. 
Activities within a habitat conservation area shall be conditioned as identified in the habitat conservation area report to avoid, minimize, or mitigate potential adverse impacts. Conditions shall include protective buffers based on the State of Washington Department of Fish and Wildlife management recommendations for Washington's priority species modified for local conditions and the recommendations of the Department of Fish and Wildlife biologists and may include, but are not limited to, the following measures:
1. 
Establishment of undisturbed habitat areas;
2. 
Staking of undisturbed habitat areas prior to any construction, including clearing, grading and filling taking place on site;
3. 
Fencing of undisturbed habitat areas in a manner consistent with the provisions of RMC § 22.10.115(H);
4. 
Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction;
5. 
Preservation of critically important vegetation;
6. 
Supplemental planting of native tree or shrub cover;
7. 
Removal and/or control of any noxious or undesirable species of plants and animals;
8. 
Preservation of significant trees and/or snags, preferably in groups, consistent with achieving the objectives of these standards;
9. 
Replanting of disturbed areas and/or areas where noxious weed species were removed with native vegetation types, including ongoing plans for weed control and irrigation as appropriate;
10. 
Limitation of access to an identified habitat area, including fencing to deter unauthorized access;
11. 
Seasonal restriction on construction activities;
12. 
Implementation of a schedule for periodic review of completed mitigation measures for a specified time period;
13. 
Posting of a bond or other financial surety to ensure completion and success of proposed mitigation measures. Such bond or other security device shall be required to assure successful establishment of required planting for an appropriate monitoring period. The amount of the bond or other security device shall equal 125 percent of the cost of the mitigation project for a period of five years. The administrator may agree to reduce the bond in phases in proportion to work successfully completed over the period of the bond.
(Ord. 48-93; Ord. 23-01; Ord. 28-05 § 1.09; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 12-19 § 5; Ord. 16-21 § 1)
A. 
Adverse impacts to habitat functions and values shall be mitigated to the extent feasible and reasonable. Mitigation actions by an applicant or property owner shall occur in the following preferred sequence:
1. 
Avoiding the impact altogether by not taking a certain action or parts of actions;
2. 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts;
3. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. 
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
5. 
Compensating for the impact by replacing, enhancing, or providing similar substitute resources or environments. Preference shall be given to measures that replace the impacted functions on site or in the immediate vicinity of the impact;
6. 
Monitoring the impact over time and taking corrective measures to minimize additional impacts.
B. 
Where impacts cannot be avoided, the applicant or property owner shall seek to implement other appropriate mitigation actions in compliance with the intent, standards and criteria of this section. In an individual case, these actions may include consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and/or implementation of the performance standards listed in RMC § 22.10.210.
(Ord. 48-93; Ord. 23-01; Ord. 40-17 § 1; Ord. 40-17A § 1; Ord. 16-21 § 1)