14.15.210 Fish and wildlife habitat conservation areas

14.15.210 Fish and wildlife habitat conservation areas.

(1) Definition. "Fish and wildlife habitat conservation" means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created.

(2) Classification. Fish and wildlife habitat conservation areas shall be identified according to the following table:

Classifications (WAC 365-190-080(5))	Description
(1) Areas with which state or federal designated endangered, threatened, or sensitive species have a primary association.	Areas which, if significantly altered, may reduce the likelihood that the species will reproduce over the long term. Habitats associated with these species are those identified by Washington Department of Fish and Wildlife’s current system for mapping species of concern. These habitats are designated as critical areas, where endangered, threatened, and sensitive species are verified to have a primary association.
(2) Species and habitats of local importance.	Habitat: All priority habitats occurring in the town of Cathlamet as identified in the current edition of the Washington State Department of Fish and Wildlife’s Priority Habitats and Species (PHS) List. Species: All priority species occurring in the town of Cathlamet as identified in the current edition of the Washington State Department of Fish and Wildlife’s Priority Habitats and Species (PHS) List.
(3) Commercial and recreational shell fish areas.	There is a small commercial and recreational crawfish fishery in the town of Cathlamet.
(4) Kelp and eel grass beds; herring and smelt spawning areas.	No kelp, eel grass beds, or herring spawning areas are known to occur in the town of Cathlamet. The Washington State Hydraulic Code guidelines (WAC Title 232) and information from the Washington State Department of Fisheries and Wildlife are used to identify smelt spawning areas.
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat.	Naturally occurring ponds are waters with a surface area of less than 20 acres but greater than one acre and manmade ponds developed as mitigation as part of a permitting process or mitigation agreement. Naturally occurring ponds do not include ponds deliberately created such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years duration), and landscape amenities.
(6) Waters of the state.	Waters of the state shall be those defined in WAC 222-16-030, Forest Practices Board, Definitions.
(7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.	Waters of the state which regularly have game fish introduced.
(8) State natural area preserves and natural resource conservation areas.	There are no state natural resource conservation areas in the town of Cathlamet.

(3) Designation. Lands of the town of Cathlamet fulfilling the classification criteria for critical fish and wildlife conservation areas set forth in subsection (2) of this section are hereby designated as such under RCW 36.70A.170.

(a) The administrator shall ensure that any development within fish and wildlife habitat conservation areas, as classified in subsection (2) of this section, shall be reviewed according to the following performance standards:

(i) When impacts to fish and wildlife habitat cannot be avoided, the performance standards contained in this subsection shall be used to develop plans submitted for regulated activities. Critical area permits may be conditioned to reflect the following performance standards contained in this subsection (4).

(ii) Consider habitat in site planning and design.

(iii) Locate buildings and structures in a manner that preserves the habitat or minimizes adverse impacts.

(iv) Consolidate habitat and vegetated open space in contiguous blocks, and where possible locate habitat contiguous to other habitat, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas.

(v) Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers.

(vi) Emphasize heterogeneity and structural diversity of vegetation in landscaping.

(vii) Remove and/or control any noxious, or undesirable species of plants as identified by the Wahkiakum County noxious weed control board, but with due attention to possible negative impacts of herbicide sprays to wetlands.

(viii) Preserve trees to the extent possible, preferably in consolidated areas.

(ix) Preserve and introduce native plant species which serve as food, shelter from climatic extremes and predators, and structure and cover for reproduction and rearing of young for critical wildlife.

(x) Preserve the natural hydraulic and ecological functions of drainage systems.

(xi) Preserve fish and wildlife habitat conservation areas through maintenance of stable channels, adequate low flows, management of stormwater runoff, erosion and sedimentation.

(xii) Manage access to fish and wildlife habitat conservation areas to protect species which are sensitive to human disturbance.

(xiii) Maintain or enhance water quality through control of runoff and use of best management practices.

(b) Habitat Management Plan – Classification 1 Only. A habitat management plan may be required if the regulated activity is within 250 feet of a Classification 1 habitat area, or identified within one thousand feet of a point location (nests, dens, etc.) for a Classification 1 habitat area. The habitat management plan will meet the following criteria:

(i) The habitat management plan will be prepared by a qualified expert.

(ii) Habitat management plans will be sent to the Washington State Department of Fish and Wildlife and other appropriate state and federal agencies for comment with the SEPA checklist.

(c) Habitat Protection for Classification 2. Protection for these habitat areas shall be through compliance with the performance standards contained in subsection (4)(a) of this section.

(d) Habitat Protection for Classifications 3 and 4. If found to occur, protection of these areas shall be coordinated by the administrator with the Washington State Department of Fish and Wildlife.

(e) Habitat Protection for Classifications 5, 6 and 7. Protection for these habitat areas shall be through the maintenance of riparian zones as required under this chapter, the Shoreline Management Act, the federal Clean Water Act, and the state Hydraulic Code and/or best management practices. Within Classification 6 – Type 1, 2, 3, 4 and 5 waters as defined in WAC 222-16-030, Forest Practices Board, Definitions, are regulated streams.

(f) Habitat Protection for Classification 8. Protection for state natural areas preserves and natural resource conservation area habitat is achieved by the Washington State Department of Natural Resources.

(a) Riparian zones and/or development setback areas shall be required for all regulated activities adjacent to streams. All riparian zones/setbacks shall be measured from the ordinary high water mark (OHWM). The following riparian zones/setback areas are hereby established:

Stream Type		Riparian Zone Width
Type I	High intensity land use	100 feet
Type I	Low intensity land use	50 feet
Type II	High intensity land use	100 feet
Type II	Low intensity land use	50 feet
Type III	High intensity land use	75 feet
Type III	Low intensity land use	50 feet
Type IV and V	High intensity land use	50 feet
Type IV and V	Low intensity land use	25 feet

(b) In any event, the required stream set back shall terminate at any improved town road right-of-way or dike.

(c) In locations where the vertical separation is greater than 25 feet as measured between the ordinary high water mark and the land to be developed, no riparian zone/setback shall be required; provided, the slope of the vertical separation is greater than 45 degrees and the vertical separation consists primarily of nonvegetated exposed rock.

(d) As to areas adjacent to the Columbia River, the riparian zone/setback shall be 25 feet; provided, the following three circumstances exist:

(i) The land consists primarily of dredge spoils or similar degraded habitat;

(ii) The land lacks any significant woody vegetation; and

(iii) There are no associated wetlands present.

(e) As to areas adjacent to Birnie Creek, the riparian zone/setback shall be 10 feet; provided, the following three circumstances exist:

(i) The land consists primarily of dredge spoils or similar degraded habitat;

(ii) The land lacks any significant woody vegetation; and

(iii) There are no associated wetlands present.

(f) Required riparian zone widths on clearing proposals on existing lots may be varied as follows:

(i) External Riparian Zone Averaging. Required riparian zones can be reduced to the average shoreside building setback of existing neighboring residences which are within 150 feet and downstream. For the purpose of calculating this average, undeveloped neighboring property shall be considered as maintaining a setback equal to the normally required riparian zone width. For example, a new home proposed between an existing residence located 50 feet from shore and an undeveloped property normally subject to a 100-foot riparian width under this chapter may then be located as close as 75 feet from shore.

(ii) Internal Riparian Zone Averaging. Subject to review under the standards contained in this chapter, portions of the riparian zone can be reduced up to 50 percent from the normal standards of this chapter if riparian zone widths are correspondingly increased elsewhere within the applicant parcel, such that the overall size and function and values of the riparian zone are maintained in the parcel.

(iii) In no event shall the width of the riparian zone be less than 25 feet, except in previously developed areas adjacent to Birnie Creek where the setback may be 10 feet when the conditions set forth in subsection (5)(e) of this section exist. (Ord. 433 § 21, 2002)