A. 
The following activities shall be exempt from the provisions of this chapter related to fish and wildlife habitat, 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, and detention facilities such as reservoirs, ponds, and landscape features, except for habitat areas created as mitigation.
B. 
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.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
The approximate location and extent of habitat areas within the city of Richland's planning area are shown on the maps adopted as part of this program, as provided in the city's SMP inventory, analysis and characterization report. These maps shall be used as a general guide only for the assistance of property owners and other interested parties as 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 program. In the event of any conflict between the habitat location or type shown on the city of Richland's maps and the criteria or standards of this program, the criteria and standards resulting from the field investigation shall control.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
A. 
The establishment of buffer areas shall be required for regulated activities in or adjacent to habitat areas. Buffer shall consist of an undisturbed area of native vegetation established to protect the integrity, functions, and values of the affected habitat. Enhancement of buffers may be required if a portion of the buffer has been cleared, or if tree cover is substantially less than a native climax community.
B. 
The following buffer widths are established:
Table 26.60.042. Riparian Buffer Width
Regulatory Reach (See Environment Designation with Regulatory Reaches Map)
Riparian Buffer Width (Feet)1, 2
A, C, I, T
50
B, U and all other natural environment designation areas within various regulatory reaches except Reach Q
Entire shoreline jurisdiction
D, N, O, P
75 except where roadway, canal, paved trail or parking area encroaches, and then waterward edge of facility maintenance area, as applicable
E, F
100
G, I
75 except where roadway, canal, levee, paved trail or parking area encroaches, and then waterward edge of facility maintenance area, as applicable
H, J, K
100 except where roadway, canal, levee, paved trail or parking area encroaches, and then waterward edge of facility maintenance area, as applicable
L, Q, S
Waterward edge of existing levee, paved trail and/or parking maintenance area, as applicable
M
50 or waterward edge of existing levee, paved trail and/or parking maintenance area, as applicable
R
From the OHWM to the federal/private property boundary line3
Notes:
(1) Measured from the OHWM or top of bank, as applicable.
(2) Accompanied by other sensitive area protections and stormwater management measures, as applicable.
(3) Administrative buffer adjustments do not apply. Buffer can be widened, if applicable, or other protection provisions related to geologic hazards can be applied.
C. 
Buffers shall be measured, on a horizontal plane, from the OHWM as delineated by a qualified consultant. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. Buffers shall be determined by the city based on information in the wildlife report supplemented by its own investigations, the sensitivity and value of the habitat areas, the intensity and design of the proposed use, and adjacent uses and activities.
D. 
Administrative Buffer Adjustments.
1. 
The required buffer widths established in this shoreline master program may be modified by the administrator for a development on existing legal lots of record in place at the time of adoption of this program in accordance with the provisions of this section, only where the applicant demonstrates all of the following:
a. 
Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property, and no feasible alternative exists;
b. 
The designated buffer area contains variations in sensitivity to ecological impacts due to existing physical characteristics, or the character of the buffer varies in slope, soils, or vegetation;
c. 
The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging;
d. 
The minimum buffer width at its narrowest point shall not be less than 75 percent of the buffer width established under this program; and
e. 
The buffer width averaging does not result in a net loss of ecological function.
2. 
Standard Buffer Reduction. Reductions of up to 25 percent of the standard buffer may be approved if the applicant demonstrates to the satisfaction of the administrator that a mitigation plan developed by a qualified professional indicates that enhancing the buffer (by removing invasive plants or impervious surfaces, planting native vegetation, or installing habitat features or other means) will result in a reduced buffer that functions at a higher level than the existing standard buffer.
3. 
In-Fill Development. In an effort to facilitate in-fill development in approved plats, the city may approve requests to reduce the standard shoreline buffers up to a maximum of 50 percent for a new single-family residence and appurtenant structures in accordance with the following criteria:
a. 
Where there are single-family residences within 150 feet on either side of the proposed residence in an existing plat, the buffer shall be determined as the greater of one of the following three options: (i) a common line drawn between the nearest corners of the nearest residence; (ii) a common line calculated by the average of the nearest residence's existing buffer; or (iii) a 50 percent reduction of the standard buffer.
b. 
Where there is only a residence located within 150 feet on one side of the proposed residence in an existing plat, the standard buffer shall be determined as: (i) the greater of a common line drawn between the nearest corner of the nearest residence and the nearest point of the standard buffer on the adjacent vacant lot; (ii) a common line calculated by the average of the nearest residence's setback and the standard buffer for the adjacent vacant lot; or (iii) a 50 percent reduction of the standard buffer.
E. 
The buffer width stated in subsection (B) of this section shall be increased when the qualified consultant determines, based upon a site-specific habitat analysis, that impacts on the habitat from a proposed development can only be mitigated by a greater buffer width. The standard habitat buffer width shall be increased:
1. 
When the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse habitat impacts; or
2. 
When the standard buffer has minimal or degraded vegetative cover that cannot be improved through enhancement; or
3. 
When the wetland provides habitat for a species that is particularly sensitive to disturbance (listed by the federal government or the state as endangered, threatened, candidate, monitored or documented priority species or habitat for those species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees), the width of the buffer should be increased to provide adequate protection for the species based on its particular life-history needs; or
4. 
When the minimum buffer for a habitat extends into an area with a slope of greater than 25 percent, the buffer shall be the greater of:
a. 
The minimum buffer for that particular habitat; or
b. 
Twenty-five feet beyond the point where the slope becomes 25 percent or less.
F. 
Low impact uses and activities which are consistent with the purpose and function of the habitat buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the habitat involved. Examples of uses and activities which may be permitted in appropriate cases include pedestrian trails, viewing platforms, stormwater management facilities such as grass-lined swales and utility easements.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
A. 
Adverse impacts to habitat functions and values shall be mitigated. Mitigation actions by an applicant or property owner shall occur in accordance with RMC § 26.20.020, Ecological functions, no net loss, including the specified mitigation sequence.
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. Mitigation shall meet the criteria of RMC § 26.20.020, Ecological functions, no net loss, including the specified mitigation sequence. In an individual case, these actions may include consideration of alternative site plans and layouts, or reductions in the density or scope of the proposal.
C. 
Alteration of habitat and/or their buffers may be permitted by the city subject to the following standards:
1. 
Critical Habitat. Alterations of critical habitat shall be avoided, subject to the reasonable use provisions of this shoreline program.
2. 
Secondary Habitat. Alterations of secondary habitat may be permitted; provided, that the applicant mitigates adverse impacts consistent with the performance standards and other requirements of this shoreline program.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))
A. 
The performance standards and criteria contained in this section shall be incorporated into plans submitted for regulated activities and shall:
1. 
Consider habitat in site planning and design;
2. 
Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;
3. 
Integrate retained habitat into open space and landscaping, consistent with the provisions of all open space and landscaping requirements;
4. 
Consolidate habitat and vegetated open space in contiguous blocks where feasible;
5. 
Locate habitat contiguous to other habitat areas, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas and allows movement of wildlife;
6. 
Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;
7. 
Emphasize heterogeneity and structural diversity of vegetation in landscaping and food producing plants beneficial to wildlife;
8. 
Remove and/or control any noxious or undesirable species of plants and animals;
9. 
Preserve significant trees and/or snags, preferably in groups, consistent with achieving the objectives of these standards;
10. 
Buffers shall be preserved and shall be surveyed, staked, and fenced before any constructed work, including grading and clearing, may take place on the site; and
11. 
Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction.
B. 
A vegetation management plan shall be submitted consistent with the requirements, goals, and standards of this program. The plan shall reflect the report prepared pursuant to RMC § 26.20.040. Any required mitigation, including supplemental buffer plantings, shall be guaranteed by a bond or other acceptable security device to assure successful establishment, including an appropriate monitoring period. The amount of the performance and maintenance bond shall equal 125 percent of the cost of the mitigation project for a period of five years. The city may agree to reduce the bond in phases in proportion to work successfully completed over the period of the bond.
C. 
As an incentive to encourage preservation of secondary habitat as defined in this program, the net amount of landscaping required by the city of Richland may be reduced by one-quarter acre for each one acre of secondary habitat and buffer preserved on the site; however, that amount cannot exceed 50 percent of the amount of required landscaping. The reduction shall be calculated on the basis of square feet of habitat preserved or enhanced and square feet required. Habitat and habitat buffer that is enhanced by the applicant may also qualify for this reduction. Preservation of secondary habitat shall be by execution of an easement or other protective device acceptable to the city of Richland.
(Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A))