19.03.170 Fish and Wildlife Habitat Areas:
A. General. Fish and wildlife habitat areas are those areas identified as being of critical importance in the maintenance and preservation of fish, wildlife, and natural vegetation. Areas which are identified or classified as fish and wildlife habitat areas shall be subject to the requirements of this section. Fish and wildlife habitat areas are identified as follows:
1. Areas with which federal or state endangered, threatened, and sensitive species of fish, wildlife, and plants have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
2. Habitats and species of local importance, including areas with state listed monitor or candidate species or federally listed candidate species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
3. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat.
4. Lakes, ponds, and streams planted with game fish by a governmental agency.
5. State natural area preserves and natural resource conservation areas.
B. Development Standards. For all regulated activity proposed on a site which contains or is within three hundred feet (300) of fish and wildlife habitat, a habitat assessment shall be required and shall be prepared by a professional wildlife biologist. The habitat assessment shall include, at a minimum, the following:
1. An analysis and discussion of species or habitats known or suspected to be located on the development site and or within the habitat ecosystem.
2. A site plan which clearly delineates the critical fish and wildlife habitats found.
C. Habitat Assessment Review. A habitat assessment review shall be forwarded for review and comment to agencies with expertise or jurisdiction on the proposal, including, but not limited to:
1. Washington Department of Wildlife
2. Washington Department of Fisheries
3. Washington Department of Natural Resources
4. U.S. Fish and Wildlife Service
Comments received from review agencies within forty-five (45) days of the submittal of the assessment shall be considered by the Community Development Department. If it is determined, based upon the comments received, that critical fish and wildlife habitat does not occur on or within three hundred feet (300') of the site, the development may proceed without any additional requirements under this section. If it is determined that a critical fish and wildlife habitat occurs on or within three hundred feet (300') of the site, a habitat management plan shall be prepared.
D. Habitat Management Plan. Habitat management plans required under this section shall be prepared by a professional wildlife biologist. The habitat management plan shall include, at a minimum, the following:
1. Analysis and discussion on the project’s effects on critical fish and wildlife habitat.
2. An assessment and discussion on special management recommendations which have been developed for species or habitat located on the site by any federal or state agency.
3. Proposed mitigation measures which could minimize or avoid impacts.
4. Assessment and evaluation of the effectiveness of mitigation measures proposed. Upon review of the habitat management plan by appropriate federal and state agencies, comments received from the agencies within forty-five (45) days of the submittal of the proposed plan shall be considered by the city and, if mitigation is recommended, may be incorporated into conditions of project approval. If it is determined, based on the comments received, that a project or proposal will result in the net loss of critical fish and wildlife species, the project or proposal may be denied.
E. Habitat Management Plan Review. The Planning Commission shall discuss the potential impacts from the proposed development and specific measures or alternatives designed to mitigate any potential adverse impacts of the applicant’s proposal on and off-site. The Planning Commission shall review the habitat management plan and make a determination if the development proposal warrants approval, conditional approval, or denial.
F. Buffer Requirements. The Planning Commission, upon the review of the habitat management plan, shall require buffer areas based upon the habitat management plan. The buffer areas by the Planning Commission would serve to mitigate impacts to critical fish and wildlife habitat areas. (Ord. 2481, 6/23/09; Ord. 2134, 11/11/03; Ord. 1532, 1992)