Chapter 23.60: HABITAT CONSERVATION AREAS

Habitat conservation areas include:

Areas having a primary association with fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service as being in danger of extinction or threatened to become endangered;

Areas having a primary association with fish and wildlife species identified by the Washington Department of Fish and Wildlife as being 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. See WAC 232-12-014 (state endangered species) and 232-12-011 (state threatened and sensitive species);

State priority habitats as identified by the State Department of Fish and Wildlife;

Habitats and species of local importance as identified by the city in accordance with PMC § 23.60.020;

Waters of the state, including 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 or 222-16-031;

Ponds under 20 acres that provide fish or wildlife habitat except artificial ponds created for a nonwildlife purpose such as storm water detention facilities, wastewater treatment facilities, farm ponds, and temporary construction ponds;

Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;

Natural area preserves and natural resource conservation areas as defined by the Washington State Department of Natural Resources;

Areas of rare plant species and high-quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program (see Chapter 79.70 RCW); and

Land useful or essential for preserving connections between habitat blocks and open spaces.

(Ord. 1592 § 1, 2004)

§ 23.60.020 Designation of habitats and species of local importance.

Nominations for habitats and species of local importance shall include:

Precise identification of the nominated habitat;

Scientifically sound management plan; and

Sufficient information to verify compliance with the following criteria.

The designation criteria shall be as follows:

The species shall be local, native populations that are vulnerable, declining, or have special recreational, commercial, game, or other value.

The habitat shall be important for the long-term persistence of the local population.

The habitat shall be of high quality, or be capable of restoration to high quality, or connect otherwise isolated habitats.

Protection by other agencies, laws, or nonregulatory tools shall be inadequate to protect the species.

Designations of habitats and species of local importance shall form a part of these development regulations. Chapter 16.80 PMC establishes the review and adoption process.

(Ord. 1592 § 1, 2004)

§ 23.60.030 Mapping.

The following maps, which may be continuously updated, may be used as a guide for locating habitat conservation areas:

Washington Department of Fish and Wildlife priority habitat and species maps;

Washington State Department of Natural Resources official water type reference maps;

Washington State Department of Natural Resources shorezone inventory;

Washington State Department of Natural Resources natural heritage program mapping data;

Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission; and

Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps.

(Ord. 1592 § 1, 2004)

§ 23.60.040 Content of critical areas reports.

In addition to the general critical areas report requirements of PMC § 23.10.090, critical areas reports for habitat conservation areas shall include, where applicable:

Vegetation assessment; and

Discussion of any federal, state, or local special management recommendations for species or habitats on or near the site.

(Ord. 1592 § 1, 2004)

§ 23.60.050 Substantive requirements.

In addition to the substantive requirements of PMC § 23.10.130, the following shall apply to habitat conservation areas. Within Shoreline Management Act jurisdiction, the additional regulations and procedures of PMC Title 21 shall also apply:

No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area except with approval of a state or federal agency with expertise.

Preference in mitigation shall be given to contiguous wildlife habitat corridors.

In reviewing development proposals, the city shall seek opportunities to restore degraded riparian fish and wildlife functions such as breeding, rearing, migration, and feeding.

The city shall require buffers of undisturbed native vegetation adjacent to habitat conservation areas as necessary. Buffer widths shall reflect the sensitivity of the habitat and may reflect the intensity of nearby human activity.

When a species is more sensitive to human activity during a specific season of the year, the city may establish an extra outer buffer from which human activity is excluded during said season.

No development shall be allowed within a habitat conservation area or buffer with which state or federal endangered, threatened, or sensitive species have a primary association, except in exchange for restoration as approved by the director or as provided in a management plan approved by a state or federal agency with appropriate expertise.

When a development permit is applied for on land containing or adjacent to a bald eagle nest or communal roost, the city shall notify the Washington Department of Fish and Wildlife and otherwise comply with WAC 232-12-292.

No development shall be permitted which degrades the functions or values of anadromous fish habitat, including structures or fills which impact migration or spawning.

Construction and other activities shall be seasonally restricted as necessary to protect the resource. Activities shall be timed to occur during work windows designated by the Washington Department of Fish and Wildlife for applicable fish species.

Shoreline erosion control shall use bioengineering methods or soft armoring in accordance with an approved critical areas report.

In addition to the substantive requirements of PMC § 23.10.130, the following shall apply to habitat conservation areas. Within shoreline jurisdiction the additional regulations and procedures of PMC Title 21 shall also apply.

Table 23.60.050(K)(1) establishes the width of stream buffers (also known as riparian habitat areas) that shall apply to each stream type. Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark, or from the top of bank if the ordinary high water mark cannot be identified, or from the outer edge of the channel migration zone when present. For buffer widths for the Type S stream types (under Shoreline Management Act jurisdiction), see Table 23.60.050(K)(2).

Table 23.60.050(K)(1)
DNR Stream Type	Streams of This Type in Pacific	Standard Buffer Width	Minimum Modified Buffer Width
Type S (subject to Shoreline Management Act)
Type F (fish-bearing other than S)	• Jovita Creek • Milwaukee Ditch south of 5th Ave. S.W.	100 feet	75 feet
Type Np (nonfish, perennial)	• Milwaukee Ditch, middle portion • Boeing Ditch	50 feet	35 feet
Type Ns (nonfish, seasonal)	• Milwaukee Ditch east of Tacoma Blvd.	25 feet	20 feet

Table 23.60.050(K)(2)
Shoreline Environment	Standard Buffer Width	Administrative Modified Buffer Width¹	Conditional Use Modified Buffer Width²
Type S (subject to Shoreline Management Act)
Urban Conservancy	200	100	50³
Shoreline Residential	100	20⁴	10⁴
Shoreline Recreation
Water-Dependent Use	100	0⁵	NA
Water-Oriented Use	100	50	25
Other Use	100	75	50
Shoreline Commercial
Water-Dependent Use	100	0⁵	NA
Water-Oriented Use	100	50	25
Other Use	100	75	50

¹ Administrative modification of buffer width shall be processed in accordance with the criteria of subsection M of this section.

² Conditional use permit modification of buffer width shall be processed in accordance with the criteria and procedures of PMC § 21.50.160.

³ Limited to utility, transportation and essential public facilities for which there is no feasible alternative; and provided, that facilities that must cross the water may locate facilities within the buffer provided mitigation for ecological impacts is implemented.

⁴ Modification limited to subdivisions existing prior to 1975.

⁵ May be approved only in conjunction with a shoreline substantial development permit or conditional use permit.

The director may impose greater than the standard buffer widths as necessary to fully protect riparian functions. For example, the buffer may be extended to the outer edge of the floodplain or windward into an area of high tree blow-down potential.

The director may approve a buffer width no less than the "minimum modified buffer width" in the above table when the full width is unnecessary to fully protect riparian functions, or in exchange for restoration of degraded areas in accordance with an approved plan, or for buffer averaging in accordance with PMC § 23.10.130(G).

When conformance to this title would prohibit land uses allowed by the city's shoreline management master program, such as bulkheads, launching ramps, docks, roads, trails, or bridges, the city shall resolve the conflict by allowing said uses with reasonable protections to minimize loss of natural functions and values.

To the extent facilities are allowed in habitat conservation areas, the following regulations shall apply. Within shoreline jurisdiction the additional regulations and procedures of PMC Title 21 shall also apply:

Trails other than those within the White/Stuck River network shall be on the outer edge of the stream buffer, except for limited viewing platforms and crossings designed to be "environmentally friendly" and utilizing best management practices. Trails and platforms shall be of pervious materials as far as possible.

Road bridges and culverts shall be designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000.

Utility lines shall be accomplished by boring beneath the scour depth and hyporheic zone (the saturated zone beneath and adjacent to streams that filters nutrients and maintains water quality). Utilities shall avoid paralleling streams or changing the natural rate of shore or channel migration.

New and expanded public flood protection measures shall require a biological assessment approved by the agency responsible for protecting federally listed species.

In-stream structures such as high-flow bypasses, sediment ponds, instream ponds, retention and detention facilities, tide gates, dams, and weirs shall be allowed only as part of an approved restoration project.

Storm water conveyance structures shall incorporate fish habitat features and the sides of open channels and ponds shall be vegetated to retard erosion, filter sediments, and shade the water.

Watercourse alterations: see PMC § 23.40.030(H).

(Ord. 1592 § 1, 2004; Ord. 2002 § 5 (Exh. C § 6), 2019)