A. Applicability. This section applies to all fish and wildlife habitat conservation areas as classified in subsection B of this section except those located within the city’s shoreline jurisdiction, which are regulated by the city’s shoreline master program (Chapter 16.12 BIMC).
B. Fish and wildlife habitat conservation areas include:
1. Streams. Within the city of Bainbridge Island, streams shall include those areas which meet the definitions in BIMC 16.20.190 (Definitions). Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030), which is hereby adopted in its entirety by reference and summarized as follows:
a. Type F: streams which contain fish habitat pursuant to BIMC 16.20.190 (Definitions);
b. Type Np: perennial non-fish habitat streams; and
c. Type Ns: seasonal non-fish habitat streams.
2. Habitats recognized by federal or state agencies for federal- and/or state-listed endangered, threatened, sensitive and candidate/monitored species which presence is documented in maps or databases available to the city of Bainbridge Island.
3. Areas That Contain Habitats and Species of Local Importance. Any person may nominate for designation a species or habitat of local importance. Nominations will be processed pursuant to definitions in BIMC 16.20.190 and nomination criteria developed by the director.
4. Biodiversity areas and corridors as defined in the 2008 Washington Department of Fish and Wildlife Priority Habitat and Species List, or as amended.
5. All areas within the city of Bainbridge Island meeting one or more of the preceding criteria in this subsection B of this section, regardless of any formal identification or mapping, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with the best available science, such as the Washington Department of Fish and Wildlife’s most recent management recommendations for priority habitat and species.
C. Mapping. The location and extent of all mapped critical areas shown on the city of Bainbridge Island critical area maps are approximate and shall be used as a general guide only. The type, extent and boundaries shall be determined in the field by a qualified professional according to the requirements of this chapter. The critical area maps (http://www.bainbridgewa.gov/196/GIS-Mapping-Map-Gallery) are adopted as part of this chapter and are incorporated herein by this reference. Washington Department of Natural Resource (DNR) and Washington Department of Fish and Wildlife maps are not the only source of data. Any request to change the city’s existing map shall be accompanied by a report from a qualified professional that includes a description of the critical area and a summary of how it meets the definitions in BIMC 16.20.190. The inventory and cited resources are to be used as a guide for the city, project applicants, and/or property owners and may be continuously updated as new or altered critical areas are identified.
D. Permit and Review Procedures.
1. Any development, use or activity within any fish and wildlife habitat conservation area shall require a critical area permit unless it qualifies as an exempt activity, as provided in BIMC 16.20.040.
2. Critical area permits shall be reviewed pursuant to the criteria in BIMC 16.20.070 and any applicable state or federal management recommendations.
3. Applications for critical area permits for fish and wildlife habitat conservation areas shall include:
a. City of Bainbridge Island master land use application (http://www.bainbridgewa.gov/161/Documents-Forms-Applications);
b. Habitat management plan (HMP), prepared in accordance with BIMC 16.20.180, if a fish and wildlife habitat area described in subsections B.2 through 4 of this section occurs within or adjacent to the project site; and
c. Buffer enhancement plan, prepared in accordance with BIMC 16.20.180, if only stream buffer modification is requested.
4. The city may request technical review of an HMP from other agencies to ensure consistency with state, federal or tribal management recommendations.
E. Development Standards – Streams.
1. All designated streams require a buffer pursuant to Table 1 of this section. Buffers shall remain as undisturbed or enhanced vegetation areas for the purpose of protecting the integrity, function, and value of stream resources. Any buffer modification proposed shall be through an approved buffer enhancement plan. No uses or activities shall be allowed within the buffer unless allowed by this section. If the buffer has previously been disturbed, the director may require the disturbed buffer area be enhanced, including revegetation with native plant species, pursuant to an approved buffer enhancement plan meeting the requirements of BIMC 16.20.180. No refuse, including but not limited to household trash, yard waste and commercial/industrial refuse, shall be placed in the buffer.
2. The required minimum buffers listed in Table 1 of this section are based on the assumption that the buffer is well vegetated with native species appropriate to the site. If the buffer does not consist of vegetation adequate to provide stream protection and buffer functions, the director may require that the buffer be planted to achieve such protection and function.
|
Stream Type |
Buffer Width |
|
F |
200 |
|
Np |
100 |
|
Ns (connected to F or Np) |
75 |
|
Ns (not connected to F, Np) |
50 |
3. Buffer distances shall be measured from the ordinary high water mark (OHWM) or from the top of each bank where the OHWM cannot be identified.
4. The buffer width shall be increased to include streamside wetlands which provide overflow storage for stormwater, feed water back to the stream during low flow, or provide shelter and food for fish. In braided channels, the ordinary high water mark or top of bank shall be defined to include the entire stream feature.
5. Streams in Ravines – Buffers. For streams in ravines outside the mixed use town center with ravine sides 10 feet or greater in height, the buffer width shall be the greater of:
a. The buffer width required for the stream type; or
b. A buffer width which extends 25 feet beyond the top of the ravine.
6. Increased Buffer Provisions. The director may increase buffer widths up to 50 percent greater than the applicable buffer set in this chapter for critical areas with known locations of endangered, threatened, or state monitored or priority species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species. Such determination shall be based on site-specific and project-related conditions.
7. Structure or Hard Surface Setback. A structure or hard surface setback line of 15 feet is required from the edge of any stream buffer. Minor structural or impervious surface intrusions into the areas of the setback, such as but not limited to fire escapes, open/uncovered porches, landing places, outside walkways, outside stairways, retaining walls, fences and patios, may be permitted if the department determines upon review of an analysis of buffer functions submitted by the applicant that construction and/or maintenance of such intrusions will not encroach into the stream buffer or adversely impact the stream. The functional analysis shall include a functional methodology supported by best available science. The setback shall be identified on a site plan and filed as an attachment to the notice on title as required by BIMC 16.20.070.G (Notice on Title).
8. Buffer Modification. On each site, only one of the following modifications to buffer widths may be allowed provided the applicant demonstrates the need for modification through mitigation sequencing pursuant to BIMC 16.20.030.
a. Buffer Width Averaging. The width of a required buffer may be averaged if the applicant can demonstrate that averaging can provide equal or greater functions and values as would be provided under the required buffer and all of the following conditions are met:
i. The total area of buffer after averaging is equal to the area required without averaging.
ii. Averaging cannot result in any portion of the buffer being reduced more than 25 percent of its required width.
b. Buffer Width Reduction. The width of a required buffer may be reduced if the applicant can demonstrate that the reduction will provide equal or greater functions and values as would be provided under the required buffer and all of the following conditions are met:
i. The buffer may not be reduced more than 25 percent of its required width.
ii. Native vegetation on other portions of the site is retained in order to offset habitat loss from buffer reduction.
c. Any request for buffer modification outlined above shall be reviewed in conjunction with the underlying land use or construction permit. A critical area permit is not required. Requests for buffer averaging or buffer reduction shall include a buffer enhancement plan prepared by a qualified consultant that meets the requirements of BIMC 16.20.180. Buffer enhancement plans shall be reviewed pursuant to the criteria in BIMC 16.20.070.
d. The city may request technical review of a buffer enhancement plan from other agencies to ensure consistency with state, federal or tribal management recommendations.
e. Any other buffer modification, other than noncompensatory enhancement, requires a reasonable use exception pursuant to BIMC 16.20.080.
F. Development Standards – Other Fish and Wildlife Habitat Conservation Areas.
1. All development, uses and activities within known fish and wildlife habitat conservation areas require submittal and approval of a habitat management plan (HMP) as specified in BIMC 16.20.180, Critical area reports. The HMP shall consider measures to retain and protect the fish and wildlife habitat and shall consider the effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of existing native vegetation.
2. In the case of bald eagles, the HMP shall comply with the federal Bald and Golden Eagle Protection Act (16 U.S.C. 668) to avoid impacting eagles and their habitat.
G. Standards for Specific Development, Uses and Activities. The following development, uses and activities may be allowed within fish and wildlife habitat conservation areas and their buffers. Any proposal for the following development, uses and activities requires a critical area permit pursuant to BIMC 16.20.070 and shall comply with the standards of this section and other applicable state, federal and local regulations. The director may waive the requirement for a HMP when project impacts are demonstrated to be de minimis through mitigation sequencing pursuant to BIMC 16.20.030.
1. Stream Crossings. Any private or public road or driveway expansion or construction proposed to cross streams classified within this chapter shall comply with the following minimum development standards. All other state and local regulations regarding water crossing structures shall apply, and the use of the Water Crossing Design Guidelines (WDFW, 2013), or as amended, is encouraged.
a. Bridges or bottomless culverts shall be required for all Type F streams. Other alternatives may be allowed upon (i) submittal of a habitat management plan which demonstrates that other alternatives would not result in significant impacts to the fish and wildlife conservation area and (ii) as determined through the hydraulic project approval (HPA) process administered by the Washington Department of Fish and Wildlife. The plan must demonstrate that fish habitat will not be reduced in area or function;
b. Crossings shall not occur in fish-bearing streams unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with Washington Department of Fish and Wildlife;
c. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists;
d. Crossings shall not diminish flood carrying capacity;
e. Crossings shall serve multiple properties whenever possible;
f. Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity.
2. Stream Relocations. Stream relocations may be allowed only for the purpose of flood protection and/or fisheries restoration and only when consistent with a Washington Department of Fish and Wildlife hydraulic project approval (HPA) process and the following minimum performance standards:
a. The channel, bank, and buffer areas are replanted with native or equivalent vegetation that replicates a natural, undisturbed riparian condition;
b. For those waters designated as frequently flooded areas pursuant to Chapter 15.16 BIMC, a professional engineer licensed in the state of Washington provides information demonstrating that the equivalent base flood storage volume and function will be maintained; and
c. Relocated stream channels are designed to meet or exceed the functions and values of the stream to be relocated.
3. Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife conservation areas or their buffers, except those approved by the U.S. Environmental Protection Agency (EPA) and approved under a Washington Department of Ecology water quality modification permit for use in fish and wildlife conservation area environments and applied by a licensed applicator in accordance with the safe application practices on the label.
4. Land Divisions and Land Use Permits. All land divisions and land uses proposed on a site that includes fish and wildlife habitat conservation areas shall comply with the following procedures and development standards:
a. The open water area of lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area.
b. Land division approvals shall be conditioned so that all required buffers are designated as an easement or covenant encumbering the buffer. Such easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan.
c. In order to avoid the creation of nonconforming lots, each new lot shall contain at least one building site that meets the requirements of this chapter, including buffer requirements for fish and wildlife habitat conservation areas. Each lot must also have access and a sewage disposal system location that are suitable for development that do not adversely impact the fish and wildlife conservation area.
d. After preliminary approval and prior to final land division approval, the director may require that the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the director to provide adequate protection to the aquatic buffer.
5. Trails and Trail-Related Facilities. Construction of public and private trails and trail-related facilities, such as benches, interpretive centers, and viewing platforms, are allowed in fish and wildlife conservation areas or their buffers when the following standards are met:
a. Trails and related facilities shall be placed on existing road grades, utility corridors, or any other previously disturbed areas if present at the site and consistent with an applicant’s trail planning objectives;
b. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat and disturbance to soil and existing hydrological characteristics;
c. Viewing platforms, interpretive centers, benches and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area. Viewing platforms shall be limited to 100 square feet in size, unless demonstrated that a larger structure will not result in a net loss of fish and wildlife habitat functions;
d. Trail planning shall utilize mitigation sequencing in BIMC 16.20.030 to first avoid siting trail and trail-related facilities within fish and wildlife habitat conservation areas and their required buffers. Trails and trail-related facilities are allowed in fish and wildlife conservation areas or their buffers if there are no reasonable alternatives for meeting the applicant’s trail planning objectives and it is demonstrated through a habitat management plan that the proposal will not result in a net loss of critical area functions;
e. Trails shall be limited to nonmotorized use. Trail width shall not exceed six feet unless there is a demonstrated need, subject to review and approval by the director. Trails shall be constructed with pervious materials unless otherwise approved by the director.
6. Utilities. Placement of utilities within designated fish and wildlife conservation areas may be allowed pursuant to the following standards:
a. Construction of utilities may be permitted in fish and wildlife conservation areas or their buffers, only when no practicable or reasonable alternative location is available and the utility meets the requirements for installation, replacement of vegetation and maintenance outlined below.
b. Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site sewage systems may be permitted in fish and wildlife conservation areas or their buffers when the applicant demonstrates it is necessary to meet state and/or local health code requirements; there are no other practicable alternatives available; and construction meets the requirements of this section. Joint use of the sewer utility may be allowed.
c. New utilities shall not be allowed in fish and wildlife conservation areas with known locations of federal- or state-listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidates except in those circumstances where an approved habitat management plan indicates that the utility will not significantly impact the conservation area.
d. New Utility Construction. Utility construction and maintenance shall protect the environment of fish and wildlife conservation areas and their buffers.
i. New utilities shall be aligned whenever possible to avoid cutting or root damage to trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side.
ii. Any area of disturbance shall be revegetated with appropriate native or equivalent vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility or landowner responsible for installation shall ensure that such vegetation survives.
iii. Any additional access for maintenance shall be provided wherever possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the conservation area.
e. Utility maintenance shall include the following measures to protect the environment of regulated fish and wildlife habitat conservation areas.
i. Utility towers shall not be sandblasted or spray-painted. Lead-based paint is prohibited.
ii. Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or their buffers, except those applied by a licensed applicator in accordance with the safe application practices on the label.
7. Bank Stabilization.
a. A stream channel and bank may be stabilized when naturally occurring earth movement threatens existing structures (defined as requiring a building permit pursuant to the applicable building code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish and wildlife habitat, flood control, and improved water quality.
b. Where bank stabilization is determined to be necessary, bioengineering or other nonstructural methods should be the first option for protection. Structural methods, or hard stabilization, may only be utilized where it can be demonstrated by a professional engineer licensed in the state of Washington that an existing primary residential structure or essential public facility cannot be safely maintained without such measures, and that the resulting hard stabilization is the minimum length necessary to provide a stable building area for the structure. The director may require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of shorelines. Bank stabilization projects may also require a city of Bainbridge Island clearing or grading permit and hydraulic project approval from the Washington Department of Fish and Wildlife.
c. Nonstructural streambank protective techniques are preferred to bulkheads or other types of streambank armoring. Nonstructural techniques include but are not limited to vegetation plantings and bioengineering.
8. Fencing and Signs. Prior to approval or issuance of permits for land divisions or other new development, the director may require that the common boundary between a required buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer identification may be approved when such methods are determined by the director to provide adequate protection for the buffer.
9. Forest Practice, Class IV General and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this chapter, and the stormwater management standards in Chapters 15.20 and 15.21 BIMC, including the maintenance of buffers, where required.
10. Road/Street Repair and Construction. Any private or public road or street expansion or construction which may be allowed in a fish and wildlife habitat conservation area or its buffer shall comply with the following minimum development standards:
a. No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible;
b. Expansion or construction of any private or public road shall only be allowed when adverse impacts can be avoided;
c. Public and private roads should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;
d. The road or street construction is the minimum necessary, as required by the department of public works, and shall comply with the department of public works’ guidelines to provide public safety and mitigated stormwater impacts; and
e. Construction time limits shall be determined in consultation with Washington Department of Fish and Wildlife in order to ensure habitat protection. (Ord. 2018-01 § 2 (Exh. A), 2018)