29.25.040 Fish and wildlife habitat

29.25.040 Fish and wildlife habitat.

(1) Purpose. The purpose of this section is to provide a framework to evaluate the development, design, and location of buildings to ensure that critical fish and wildlife habitat within the shoreline jurisdiction is preserved and protected, in order to ensure no net loss of ecological function and avoid habitat fragmentation. These regulations seek to protect critical habitat areas so that populations of endangered, threatened, and sensitive species are given consideration during the shoreline development review process.

(a) Fish and wildlife habitat areas shall include the following:

Table 29.25.040(2)(a). Criteria for Classification of Fish and Wildlife Habitat Areas
Habitat Area Characteristic/Classification	Source
(1) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association	WDFW, USFWS (NOAA)
(2) Naturally occurring under 20 acres in size and their submerged aquatic beds that provide fish or wildlife habitat	Ecology
(3) Waters of the state classified as fish and wildlife habitats under the Growth Management Act, Chapter 36.70A RCW, and WAC 365-190-080(5)(c)(v) • Columbia River • Snake River	WDNR, Ecology, WDFW, affected Indian tribes
(4) State Natural Area Preserves and Natural Resource Conservation Areas	WDNR
(5) Habitat areas of local importance as determined by resolution of the City Council	WDFW

(b) All areas within the City of Pasco’s shoreline jurisdiction meeting one or more of these criteria are hereby designated as critical areas and are subject to the provisions of this section.

(c) Mapping information sources for identification of fish and wildlife habitat conservation areas include, but are not limited to:

(i) WDFW Priority Habitat and Species Maps.

(ii) Wetlands mapped under the National Wetland Inventory by the U.S. Department of Interior; USFWS.

(iii) WDFW/WDNR, Washington rivers inventory system maps.

(iv) Maps and reference documents in the City of Pasco SMP Inventory, Analysis, and Characterization Report, as applicable.

(3) Fish and Wildlife Habitat Area Rating. Fish and wildlife habitat areas shall be rated as primary or secondary according to the criteria in this section.

Table 29.25.040(3). Classification by Fish and Wildlife Areas
Habitat Area	Classification	Source
Primary habitats	Primary habitats are those areas that are valuable to fish and wildlife and support a wide variety of species due to an undisturbed nature, diversity of plant species, and structure, presence of water, or size, location or seasonal importance and which meet any of the following qualifying criteria:
	(1) The documented presence of species listed by the federal government or State of Washington as endangered, threatened, or sensitive.	WDFW, USFWS (NOAA)
	(2) Those rivers identified as shorelines of the state under the City of Pasco Shoreline Master Program, and streams within the shoreline jurisdiction.	Ecology
	(3) Those wetlands identified as Category I Wetlands, as defined in this title.	PMC 29.25.030(3), Wetland Rating (Classification)
Secondary habitats	Secondary habitats are those which are valuable to wildlife and support a wide variety of species due to an undisturbed nature, diversity of plant species, structure, presence of water, or size, location or seasonal importance, but do not meet any of the qualifying criteria listed in items 1 through 3 in the Primary Habitats above.

(a) A detailed study shall be required for any activity that is within 200 feet of a fish and wildlife habitat area.

(b) Due to the sensitive nature of certain species, the applicant shall notify the City if the proposed activity will occur within 660 feet (one-eighth of a mile) of a fish and wildlife habitat area; the City may then contact appropriate agencies and determine if a detailed study should be prepared, based on the sensitivity of the site.

(c) The Shoreline Administrator shall require a detailed study of a habitat area if the following indicators are present:

(i) The area is listed in the City’s critical areas map as a fish and wildlife habitat area;

(ii) Documentation exists that shows that any of the classification criteria listed in subsection (3) of this section are present, based on any of the references listed in this section;

(iii) A qualified fish and wildlife biologist finds that habitat conditions appropriate to meet one or more of the classification criteria listed above in subsection (3) of this section exist; or

(iv) The Shoreline Administrator possesses a reasonable belief that a Fish and Wildlife Habitat may exist. Such reasonable belief shall be supported by a site visit and subsequent consultation with a qualified fish and wildlife biologist.

(5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a fish and wildlife habitat area detailed study is required, it shall include and/or meet the following requirements in addition to the basic requirements identified in PMC 29.25.020(10).

(a) The detailed study shall be completed by a qualified fish and wildlife biologist with expertise in assessing the relevant species and habitats. Evidence of qualifications shall be provided with the detailed study.

(b) The site plan and map submitted shall be of a scale no smaller than one inch equals 200 feet. The site plan shall indicate all fish and wildlife habitat critical areas, as determined by the criteria in subsection (3) of this section, and shall include the area within 200 feet of the subject property. The applicant may prepare the site plan; however, it is subject to review by the qualified fish and wildlife biologist. The extent and boundaries of the habitat shall be determined by the qualified fish and wildlife biologist.

(c) A habitat description shall be included, including a habitat rating as described in subsection (3) of this section, and a statement of functions and values providing information on the species in question and the associated plant and animal communities. A complete list of species and special habitat features shall be included.

(d) A regulatory analysis shall be included, including a discussion of any federal, state, tribal, and/or local requirements or special management recommendations developed specifically for species and/or habitats located on the site.

(e) The proposed mitigation plan shall address how the proposed development activity has been mitigated to avoid and minimize adverse impacts to the habitat and shall follow the general mitigation plan requirements described in subsection (3) of this section.

(f) A statement of management and maintenance practices shall be included, including a discussion of ongoing maintenance practices that will ensure protection of all fish and wildlife habitat conservation areas on site after the project has been completed.

(g) Habitat and Buffer Recommendation. Riparian habitat areas: For the protection of habitat along rivers, the buffer widths provided in Table 29.15.020(2), Shoreline Development Standards Matrix apply.

(h) Habitats and species that have been identified as priority species or priority habitats by the WDFW Priority Habitats and Species program should not be reduced and shall be preserved through regulation, acquisition, incentives, and other techniques.

(6) Minimum Performance Standards Requirements. This section describes the minimum performance standard requirements for habitat areas, including riparian habitats, anadromous salmonids, and specific requirements for bald eagle habitat areas.

(i) Buffer Requirements. Native vegetation standard buffers for activities occurring adjacent to streams within fish and wildlife habitat areas shall be maintained. Buffer widths shall be based on the extent of prior stream channel modification. Riparian buffers are determined by whether or not a salmonid habitat is present.

(ii) The buffer distances from the OHWM are provided in Table 29.15.020(2), Shoreline Development Standards Matrix, apply.

(b) Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the Washington State bald eagle protection rules (WAC 232-12-292). A habitat management plan shall be developed by the applicant in coordination with the WDFW whenever activities that alter habitat are proposed near a verified nest territory or communal roost.

(c) Wetland Habitat. All habitat sites containing wetlands shall conform to the wetland development performance standards set forth in PMC 29.25.030, Wetlands, and shall conform to the wetland mitigation and restoration provisions set forth in PMC 29.25.030(9) through (13).

(i) Activities, uses, and alterations proposed to be located in water bodies used by anadromous salmonids, or in areas that affect such water bodies, shall give special consideration to the preservation and enhancement of anadromous salmonid habitat, including, but not limited to, the following:

(A) Activities shall be timed to occur only during the allowable work window, as designated by the WDFW;

(B) The activity is designed so that it will minimize the degradation of the functions or values of the fish habitat or other critical areas; and

(C) Any impact on the functions and values of the habitat conservation area are mitigated in accordance with an approved detailed study.

(ii) Structures that prevent the migration of anadromous salmonids shall not be allowed in the portion of the water bodies currently used by salmonids. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and prevent juveniles migrating downstream from being trapped or harmed.

(iii) Fills waterward of the OHWM, when authorized, shall minimize the adverse impacts on anadromous salmonids and their habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses or for uses that enable public access or recreation for significant numbers of the public.

(a) Administrative Buffer Width Averaging. The required buffer widths established in this SMP may be modified by the Shoreline Administrator for a development on existing legal lots of record in place at the time of adoption of this SMP, in accordance with the provisions of this section only where the applicant demonstrates all of the following:

(i) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;

(ii) 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;

(iii) The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging;

(iv) The minimum buffer width at its narrowest point shall not be less than 65 percent of the required buffer width established under this SMP; and

(v) The buffer width averaging does not result in a net loss of ecological function.

(b) Exception for Lots Adjacent to Pre-Existing Development. The required riparian buffer width listed above shall not apply in cases where the adjacent pre-existing development (vested prior to the effective date of this section) does not meet these established standards. In such cases, the buffer may be reduced by one-third the difference between the required buffer and the larger of the two adjacent buffers.

Adjacency in this situation shall be defined as being within 50 feet of the side property lines. If there is only clearing on one side of the proposed activity within 50 feet of the side property line, then the buffer can be reduced as described above.

(i) Where a legally established road or railway, or other type of continuous development, crosses or extends along a shoreline or critical area buffer and is wider than 20 feet, the Shoreline Administrator may approve a modification of the minimum required buffer width to the waterward edge of the improved continuous development provided the upland side of the continuous development area:

(A) Does not provide additional protection of the shoreline, water body or stream; and

(B) Provides little (less than 20 percent) to no biological, geological, or hydrological buffer functions relating to the riparian and upland portions of the buffer.

(ii) Standard Buffer Reduction. Reductions of up to 75 percent of the standard required buffer may be approved if the applicant demonstrates to the satisfaction of the Shoreline Administrator that a mitigation plan developed by a qualified professional pursuant to PMC 29.25.020(13) indicates that enhancing the buffer (by removing invasive plants or impervious surfaces, planting native vegetation, installing habitat features, or other means) will result in a reduced buffer that functions at a higher level than the existing standard buffer.

(a) Roads, Bridges, and Utilities. Road, bridge, and utility maintenance, repair, and construction may be permitted across a fish and wildlife habitat conservation area and/or buffers under the following conditions:

(i) It is demonstrated to the Shoreline Administrator that there are no alternative routes that can be reasonably used to achieve the proposed development;

(ii) The activity will have minimum adverse impact to the fish and wildlife habitat conservation area;

(iii) The activity will not significantly degrade surface or groundwater; and

(iv) The intrusion into the fish and wildlife habitat conservation area and its buffers is fully mitigated to achieve no net loss of ecological functions.

(b) Limited park or recreational access to a fish and wildlife habitat area and/or stream buffers; provided, that all of the following are satisfied:

(i) The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function;

(ii) The access is limited to the minimum necessary to accomplish the recreational function; and

(iii) The intrusion is fully mitigated to achieve no net loss of ecological functions.

(c) Low-impact uses and activities that are consistent with the purpose and function of the stream setback and do not detract from its integrity. Examples of low-impact uses and activities include removal of noxious vegetation and storm water management facilities, such as grass-lined swales.

(a) Temporary and permanent erosion and sedimentation controls shall be provided to prevent the introduction of sediments or pollutants to water bodies or watercourses within the habitat area.

(b) Clearing and grading shall be limited to that necessary for establishment of the use or development and shall be conducted to avoid significant adverse impacts and minimize the alteration of the volume, rate, or temperature of freshwater flows to or within the habitat area and any buffer required by this section.

(c) The proposed development shall not discharge hazardous substances to the habitat area that would have significant adverse impacts on that area.

(d) Stream flows shall be protected from changes to the normal flow, temperature, turbidity, and discharge to the maximum extent practicable.

(e) Septic drainfields and any required replacement drainfield area shall be at least 100 feet from the edge of any habitat area.

(f) Exceptions to the above protection standards may be allowed by the Shoreline Administrator based on a special report prepared by a qualified biological professional that demonstrates that such exception would not adversely impact the habitat system, functions, and values of the habitat area.

(g) Activities may only be permitted in a stream or stream buffer if the applicant can show that the proposed activity will not degrade the functions and values of the stream, stream buffer, or other critical area.

(h) Stream Crossings. Stream crossings shall be minimized, but when necessary, they shall conform to the applicable provisions of this SMP and other laws (see WDFW or Ecology).

(i) Storm water conveyance facilities. Storm water conveyance facilities may be permitted; provided, that they are only located in the buffer when no practicable alternative exists outside the buffer. Storm water facilities shall be planted with native plantings where feasible to provide habitat, and/or less intrusive facilities should be used.

(j) Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams or their buffers if allowed or approved by other ordinances or other agencies with jurisdiction. See PMC 29.25.060, Flood hazard areas, for more information on allowed uses and activities within flood hazard areas.

(k) Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. Outer buffer trails may not exceed 20 feet in width and may be constructed with impermeable surface materials if on-site infiltration is utilized.

(l) Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers and PMC 29.20.160, Utilities, shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body where feasible. Crossings shall be contained within the existing footprint of an existing or new road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than 60 degrees to the centerline of the channel. The criteria for stream crossings shall also apply.

(m) Native vegetation landscaping schemes shall be provided that do not require application of herbicides, pesticides, or fertilizer to maintain robust growth.

(n) No net-effective impervious surfaces may be created in the outer buffer area beyond what is otherwise permitted.

(o) No structures or related improvements, including buildings or decks, shall be permitted within the stream buffer, except as otherwise allowed in PMC 29.25.020, General Provisions, or in this SMP. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.530.]