16.18C.030 Performance standards for fish and wildlife habitat conservation areas – General requirements.
A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed alteration of the habitat and the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. All new structures and land alterations shall be prohibited from fish and wildlife habitat conservation areas, except in accordance with this chapter.
B. Nonindigenous Species. No plant or animal species not indigenous to the Pacific Northwest region shall be introduced into a fish and wildlife habitat conservation area unless authorized by a state or federal permit or approval.
C. Mitigation and Contiguous Corridors.10 Mitigation sites shall be located to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same subbasin and is of the same type of aquatic habitat as the area disturbed.
D. Approvals of Activities. The mayor or designee shall condition approvals of activities allowed within or adjacent to a fish and wildlife habitat conservation area or its buffer, as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood;
3. Limitation of access to the habitat area, including signage and fencing to deter unauthorized human access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.
E. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to fish and wildlife habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream and downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.
F. Approvals and the Best Available Science. Any approval of alterations or impacts to a fish and wildlife habitat conservation area shall be supported by the best available science.
G. Fish and Wildlife Habitat Conservation Area Buffers.
1. Establishment of Buffers.11 The mayor designee shall require the establishment of buffer areas (as described below) for activities adjacent to fish and wildlife habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation, or areas with nonnative species identified for restoration, established to protect the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby and shall be consistent with the management recommendations issued by the Washington Department of Fish and Wildlife. Habitat conservation areas and their buffers shall be preserved in perpetuity through the use of native growth protection areas and critical area tracts in accordance with Section 16.18A.390.
2. Seasonal Restrictions. 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. Habitat Buffer Averaging. The mayor or designee may allow the recommended fish and wildlife habitat conservation area buffer width to be reduced in accordance with a critical area report, the best available science, and the management recommendations issued by the Washington Department of Fish and Wildlife, only if:
a. It will not reduce critical area or habitat functions;
b. It will not adversely affect salmonid habitat;
c. It will provide additional natural resource protection, such as buffer enhancement;
d. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and
e. The buffer area width is not reduced by more than twenty-five percent in any location.
H. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas.
1. Temporary Markers. The outer perimeter of the fish and wildlife habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and verified by the mayor or designee prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the mayor or designee may require that applicant to install permanent signs along the boundary of a fish and wildlife habitat conservation area or buffer.
a. Permanent signs shall be made of a metal face and attached to a metal post or another material of equal durability. Signs must be posted at an interval of one per lot or every fifty feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the mayor or designee:
Habitat Conservation Area
Do Not Disturb
Contact City of Algona at 253-833-2897
Regarding Uses and Restriction
b. The provisions of subsection (H)(2)(a) of this section may be modified by the mayor or designee as necessary to assure protection of sensitive features or wildlife.
3. Fencing.
a. The mayor or designee shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the mayor or designee shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the fish and wildlife habitat conservation area or buffer, when fencing could act to prevent future impacts to the fish and wildlife habitat conservation area.
b. The applicant shall be required to install a permanent fence around the fish and wildlife habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site.
c. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.
I. Subdivisions. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers is subject to the following:
1. Land that is located wholly within a fish and wildlife habitat conservation area or its buffer may not be subdivided.
2. 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 and meets the minimum lot size requirements of Title 22.
3. Access roads and utilities serving the proposed may be permitted within the fish and wildlife habitat conservation area and associated buffers only if the city determines that no other feasible alternative exists and when consistent with this chapter. (Ord. 1104-15 § 1 (Att. A)).
10See WAC 365-190-130(3)(a)(i).
11See WAC 365-190-130(3)(a)(v).