A. 
All areas within the city meeting the criteria for fish and wildlife habitat conservation areas, regardless of any formal identification, are hereby designated critical areas and shall be subject to the provisions of this chapter.
B. 
Mapping. The approximate location and extent of known or suspected fish and wildlife habitat conservation areas are shown on mapping resources that support the city’s identification of critical areas. These resources serve as guidance for the city, applicants, and property owners, and may be updated as new critical areas are identified. The exact location of a fish and wildlife habitat conservation area shall be determined through field investigation by a qualified professional applying the best available science or as otherwise provided in this section. Mapping resources include:
1. 
Critical area maps contained in the environmental element of the comprehensive plan;
2. 
The city’s online map portal; and
3. 
The Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species: Riparian Ecosystems and the Online SPTH Map Tool.
C. 
For purposes of this chapter, fish and wildlife habitat conservation areas include the following:
1. 
Priority habitats and species as identified by the Washington Department of Fish and Wildlife;
2. 
Habitats and species of local importance, as designated by the city council;
3. 
Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
4. 
Waters of the state;
5. 
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
6. 
Riparian management zones (RMZs); and
7. 
Any other area required by WAC 365-190-130.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
Alteration of fish and wildlife habitat conservation areas shall be prohibited, except as expressly provided for in this chapter. All feasible and reasonable measures shall be taken to avoid and minimize impacts to such areas. These actions may include consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and implementation of the performance standards contained in this chapter. Alteration of fish and wildlife habitat conservation areas shall be permitted only in accordance with an approved critical area report and mitigation plan. The burden of proof shall be on the applicant.
B. 
All significant adverse impacts to fish and wildlife habitat functions and values and their associated buffers shall be mitigated according to the provisions of MCMC § 18.06.610.
C. 
Where impacts cannot be avoided, the applicant or property owner shall prepare and implement an appropriate compensatory mitigation plan in compliance with the intent, standards, and criteria of MCMC § 18.06.620.
D. 
No alteration is allowed that will result in a take of a listed threatened or endangered species as defined by the Federal Endangered Species Act.
E. 
New on-site sewage systems and individual wells may be permitted in a fish and wildlife habitat conservation area or buffer only if accessory to an approved residential structure which cannot be feasibly connected to a public sanitary sewer system and if no feasible alternative location exists.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
Relocation of streams is not permitted unless it is part of a stream restoration project and it will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.
B. 
Culverts may be allowed in streams only if they are necessary, and if they are designed according to Water Crossing Design Guidelines (WDFW, 2013), and a state hydraulic project approval has been issued. The applicant or property owner shall keep every culvert free of debris and sediment at all times to allow free passage of water and, if applicable, fish. The city may require that a stream be removed from a culvert as a condition of approval, unless the culvert is not detrimental to fish habitat or water quality, or removal and/or replacement would be detrimental to fish or wildlife habitat or water quality on a long-term basis.
C. 
Clearing and grading, when permitted as part of an authorized development activity or as otherwise allowed in these standards, shall comply with the following:
1. 
Grading shall be allowed only during the designated dry season, which is typically regarded as beginning April 1st and ending October 31st of each year; provided, that the city may extend or shorten the designated dry season on a case-by-case basis, to reflect actual weather conditions and the incorporation of best management practices to control stormwater.
2. 
The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the site; provided, that this shall not constitute authorized fill.
3. 
The moisture-holding capacity of the top-soil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces.
4. 
The requirements of Chapters 15.10 and 15.12 MCMC.
D. 
Stream bank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bioengineering or soft armoring techniques in accordance with an applicable hydraulic permit issued by the Washington Department of Fish and Wildlife.
E. 
Construction of trails, roadways, and bridges less than or equal to 30 feet wide may be permitted subject to the following standards:
1. 
There is no other feasible alternative route with less impact on the critical area or buffer;
2. 
The crossing minimizes interruption of downstream movement of wood and gravel;
3. 
Roads shall not run parallel to the water body unless specific mitigation measures are incor-porated to prevent impacts to the stream and riparian habitat;
4. 
Trails shall be located on the outer 50 percent of the riparian buffer where possible and practical, except for limited viewing platforms and crossings;
5. 
Crossings, where necessary, shall only occur as near to perpendicular with the water body as possible; and
6. 
Road bridges are designed according to the Water Crossing Design Guidelines (WDFW, 2013) and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings (2000), or as updated.
F. 
Utility Facilities. New utility lines and facilities may be permitted to cross streams and riparian habitat areas in accordance with the public agency and utility exception standards in MCMC § 18.06.420, if all of the following criteria are met:
1. 
Impacts to fish and wildlife shall be avoided to the maximum extent possible;
2. 
Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone, where feasible;
3. 
The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible;
4. 
Crossings shall be contained within the footprint of an existing road or utility crossing where possible;
5. 
The utility route shall avoid paralleling the stream or following a down-valley course near the channel where feasible; and
6. 
The utility installation shall not increase or decrease the natural rate of channel migration.
G. 
Public Flood Protection Measures. New public flood protection measures and expansion of existing ones may be permitted subject to the director’s review and approval of a critical area report and mitigation plan and upon acquisition of all required state and federal permits.
H. 
Instream Structures. Instream structures, including, but not limited to, high flow bypasses, dams, and weirs, shall be allowed only as part of an approved watershed basin restoration project approved by the city and upon acquisition of all required state and federal permits. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect habitat areas.
I. 
Stormwater management facilities, limited to outfall facilities and infiltration trenches, may be allowed within the outer 50 percent of the standard buffer; provided, that:
1. 
There is no other feasible location for the stormwater conveyance with less impact on critical areas or buffer;
2. 
The stormwater facility is designed according to city standards and the discharge water meets state and local water quality standards;
3. 
Vegetation shall be maintained and, if necessary, added adjacent to all stormwater conveyance channels to reduce erosion, filter out sediments, and provide shade.
J. 
Stormwater conveyance or discharge facilities such as dispersion trenches and outfalls may encroach into the inner 50 percent of the buffer on a case-by-case basis when the director and city engineer determine that due to topographic or other physical constraints there are no other feasible locations for these facilities in the outer buffer area.
(Ord. 2004-603 § 2; Ord. 2015-803 § 5 (Exh. A); Ord. 2026-945 § 2 (Att. A))
A. 
Alteration of nonriparian habitat areas shall include reasonable measures to maintain vegetation as open space and to consolidate vegetation in contiguous blocks to contribute to a system or corridor that provides habitat shelter and connections to adjacent habitat areas.
B. 
Development in nonriparian habitat areas shall include measures to preserve healthy and native vegetation and plant resources that provide food, shelter, structure and cover for reproduction and rearing. To the extent possible, such areas shall be in consolidated areas.
(Ord. 2004-603 § 2)
A. 
Measurement. Riparian management zones are located on both sides of a stream and are measured from the outer edge of the channel migration zone (CMZ). If no CMZ is present, RMZs are measured from the ordinary high water mark.
B. 
Width. The width of a riparian measurement zone on each side of a stream is the greater of:
1. 
The site potential tree height as designated in the city’s online map portal or determined in accordance with Guidelines for Determining Site Potential Tree Height from Field Measurements (WDFW, 2025); or
2. 
One hundred feet to provide for pollution removal.
C. 
Repealed by Ord. 2026-945.
D. 
Increased Riparian Management Zone Width. The director may increase the minimum width of a riparian buffer on a case-by-case basis when it can be demonstrated by a critical area report that such increase is necessary to:
1. 
Protect the functions and values of the water body;
2. 
Protect significant species or habitat;
3. 
Protect lands adjacent to a stream from erosion or channel migration;
4. 
Provide flood protection; or
5. 
Provide protection from erosion, landslide, or other geologic hazards.
E. 
The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing and construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground. Site clearing shall not commence until the applicant has submitted written notice to the department that buffer requirements of this chapter are met. Field marking shall remain until all construction and clearing phases are completed, and final approval has been granted by the city.
F. 
Structures shall be set back in accordance with MCMC § 18.06.840 such that construction activities and outdoor living areas do not infringe upon the required buffer edge.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
Buffers shall be established for regulated activities in or adjacent to nonriparian habitat areas. Buffers shall consist of an area of native vegetation established, preserved and/or enhanced to protect the integrity, functions and values of the affected species or habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of the adjacent human use or activity.
B. 
Buffer Widths.
1. 
Lakes and ponds: 100 feet.
2. 
All other nonriparian habitat area buffers are determined by the director based on the following:
a. 
Critical area report;
b. 
Habitat management and species recommendations of the Washington State Department of Fish and Wildlife;
c. 
Sensitivity and value of the habitat areas; and
d. 
Nature, intensity and design of the proposed use.
C. 
Reduced or Averaged Buffer Width. The director has the authority to reduce or average required buffers in the following circumstances, except that a buffer at its narrowest point must never be less than either 75 percent of the required width or 50 feet, whichever is greater:
1. 
Low Impact Land Uses. The required buffer width may be reduced by up to 25 percent if the proposed land use has a low level of impact.
2. 
Habitat Protection. Buffer averaging to improve habitat protection may be permitted when all of the following conditions are met:
a. 
The site contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation.
b. 
The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the habitat area and decreased adjacent to the lower-functioning or less sensitive portion.
c. 
The total area of the buffer after averaging is equal to the area required without averaging.
3. 
Reasonable Use. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:
a. 
No feasible alternatives to the site design could be accomplished without buffer averaging.
b. 
The averaged buffer will not result in degradation of the habitat area’s functions and values as demonstrated by a critical area report from a qualified professional.
c. 
The total buffer area after averaging is equal to the area required without averaging.
D. 
The edge of the buffer area shall be clearly staked, flagged, and fenced prior to any site clearing and construction. The buffer boundary markers shall be clearly visible, durable, and permanently affixed to the ground. Site clearing shall not commence until the applicant has submitted written notice to the department that buffer requirements of this chapter are met. Field marking shall remain until all construction and clearing phases are completed, and final approval has been granted by the city.
E. 
Structures shall be set back in accordance with MCMC § 18.06.840 such that construction activities and outdoor living areas do not infringe upon the required buffer edge.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
A critical area report for a fish and wildlife habitat conservation area shall contain an assessment of habitats in accordance with the requirements of this chapter. The report shall be prepared in accordance with MCMC § 18.06.530 and shall at a minimum include the following additional information:
1. 
All critical areas and buffers within 300 feet of the project area;
2. 
Habitat and life cycle requirements for species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area; and
3. 
All 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.
B. 
When appropriate due to the type of habitat or species present or the project area conditions, the director may also require the critical area report include additional information including, but not limited to, direct observations of species use or detailed surface and subsurface hydrologic features both on and adjacent to the site.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A. 
All significant adverse impacts to riparian and nonriparian habitats as determined by the director shall be fully mitigated in accordance with the standards set forth in MCMC § 18.06.610 and this section. All mitigation shall be specified in a mitigation plan consistent with MCMC § 18.06.620 and this section. Mitigation measures addressed in the mitigation plan must comply with the mitigation sequencing requirements of MCMC § 18.06.625.
B. 
Mitigation for alterations to habitat areas shall achieve equivalent or greater biologic functions, and shall provide similar functions as those lost.
C. 
Compensation in the form of habitat restoration or enhancement is required when a habitat is altered permanently as a result of an approved project. Alterations shall not result in net loss of habitat area.
D. 
Mitigation actions shall be conducted within the same subdrainage basin and on the same site as the alteration except when the all of the following apply:
1. 
There are no reasonable on-site or in-drainage basin opportunities or on-site and in-drainage basin opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;
2. 
Off-site mitigation has a greater likelihood of providing equal or improved habitat functions for the affected species; and
3. 
Off-site locations shall be in the same subdrainage basin unless the action qualifies as innovative mitigation under MCMC § 18.06.640.
E. 
Where feasible, mitigation projects shall be completed prior to activities that will disturb fish and wildlife habitat conservation areas. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and vegetation.
F. 
All mitigation sites shall have buffers consistent with the buffer requirements of this chapter.
G. 
The applicant shall develop a mitigation plan that provides for construction, maintenance, monitoring and contingencies of the wetland compensation as required by conditions of approval and consistent with the requirements of this chapter. The mitigation plan shall be consistent with MCMC § 18.06.620.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))