19.37.190 Fish and wildlife habitat conservation areas

19.37.190 Fish and wildlife habitat conservation areas.

A. All areas meeting the definition of fish and wildlife habitat conservation areas are subject to the regulations in this chapter.

B. Fish and Wildlife Habitat Conservation Areas Mapping. The approximate location and extent of fish and wildlife habitat conservation areas within the city of Everett’s planning area are shown on maps compiled and maintained by the city planning and community development department. These maps shall be used as a general guide only for the assistance of property owners, project applicants, and other interested parties; boundaries are generalized. The actual type, extent and boundaries of fish and wildlife habitat conservation areas shall be determined by a qualified scientific professional according to the procedures, definitions and criteria established by this chapter. In the event of any conflict between the habitat location or type shown on the city’s fish and wildlife habitat conservation areas maps and the criteria or standards of this chapter, the criteria and standards resulting from the field investigation shall control.

C. Other mapping sources include the Washington State Department of Fish and Wildlife priority habitat and species maps.

D. Goals and Additional Requirements. If a development or redevelopment is proposed on or within a distance which could impact habitats of primary association, significant biological areas, and/or vegetative corridors linking watersheds, as described in this title, the applicant shall provide a habitat assessment. In areas within the riparian habitat zone or special flood hazard area, a biological assessment is required. The biological assessment shall be prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation produced by FEMA Region 10, April 2011, or as amended. The biological assessment must demonstrate that any proposed development in the riparian habitat zone or the floodway, coupled with appropriate habitat conservation measures, does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids.

If the habitat assessment/biological assessment determines that the proposed development could potentially adversely impact a fish and wildlife habitat conservation area, the applicant shall provide a habitat management plan (HMP) as described in subsection G of this section, prepared by a wildlife biologist for evaluation by the city, state and federal agencies. The HMP must address activities that can be taken to preserve, protect, or enhance the affected fish and wildlife habitat conservation areas. The HMP shall be based upon sound habitat management practices and be designed to achieve specific habitat objectives. If the habitat assessment finds that the proposed development could result in substantial elimination of or significant reduction in riparian corridors, existing connections between critical areas, or continuous vegetated corridors linking watersheds, the HMP must analyze alternatives and measures to maximize the maintenance of existing corridors. The city shall ask the appropriate resource agencies to review and comment on the development impacts and the provisions of the HMP.

a. Salmonids and Steelhead. When development is proposed within the distances specified below, a habitat assessment shall be required.

(1) Within two hundred fifty feet of the Snohomish River or its estuary;

(2) Within two hundred feet of a Type F stream including but not limited to North Creek or Swamp Creek together with tributaries with direct confluence to those streams and the associated wetlands, and marine shorelines;

(3) Within one hundred fifty feet of Lake Chaplain;

(4) Within two hundred twenty-five feet of a Type Np or Ns stream with unstable slopes within the special flood hazard area;

(5) Within one hundred fifty feet of a Type Np or Ns stream without unstable slopes within the special flood hazard area; or

(6) Within the special flood hazard area.

b. Other Species. If habitats of primary association are identified for other species, the director, after consulting with the Department of Fish and Wildlife, shall determine the appropriate distance from a designated fish and wildlife habitat conservation area which will require a habitat assessment or HMP.

c. Continuous Vegetative Corridors Linking Watersheds and Significant Biological Areas. If a development is proposed within an area that provides a continuous vegetative corridor linking watersheds or a significant biological area, a habitat assessment is required.

E. The following actions are exempt from other requirements of this chapter, but may require preparation of a habitat assessment or biological assessment when conducted within a fish and wildlife habitat conservation area:

1. EMC 19.37.060(B)(1), minor utility construction projects.

2. EMC 19.37.060(B)(4), trails with impervious surfaces.

3. Any development application that involves ESA Section 7 consultation with federal agencies is required to follow that process to determine impacts to endangered species and mitigation requirements rather than the procedure described herein. However, the application must demonstrate compliance with all applicable city regulations, and must submit a copy of the biological assessment provided to federal agencies as part of the city’s permit process.

4. Maintenance of critical public infrastructure.

1. A habitat assessment may be integrated into another critical area study or provided as a separate report, provided the requirements of this subsection are met.

2. The habitat assessment shall be completed by a qualified professional with expertise and experience in preparing fish and wildlife critical area reports or biological assessments.

3. The purpose of the assessment is to determine whether or not a fish or wildlife habitat conservation area identified in subsection B of this section and any associated buffer are located on or adjacent to a proposed development, and whether the proposed development could potentially adversely impact the regulated fish or wildlife habitat area and affected species.

4. If an approved habitat assessment determines that no fish or wildlife habitat conservation areas identified in subsection B of this section or associated buffers are present on or adjacent to the site, or that the proposal will not adversely impact those areas and/or affected species, then the fish and wildlife habitat area review will be considered complete.

5. If the habitat assessment determines that a fish or wildlife habitat conservation area identified in subsection B of this section or associated buffers are present on or adjacent to the proposed development and that the proposal will potentially adversely impact those areas and/or affected species, an HMP shall be prepared. The HMP must identify all actions that could be taken and which are necessary to avoid reducing the likelihood that the species will maintain and reproduce over the long term and/or actions to maintain or enhance the significant features present.

6. The director may consult with the Department of Fish and Wildlife before accepting the habitat assessment as final, and if recommended by the Department of Fish and Wildlife may require preparation of an HMP.

7. The city may require that the applicant request a separate evaluation of the site by WDFW staff to confirm the findings of the habitat assessment.

8. The department shall review the habitat assessment and either:

a. Accept the habitat assessment as complete and include any recommended mitigation measures necessary to reduce impacts to the critical fish and wildlife habitat conservation areas or affected species as project requirements; or

b. Require preparation of an HMP if the habitat assessment indicates potential unmitigated adverse impacts to the critical fish and wildlife habitat conservation areas or affected species.

1. HMP Submittal and Review Process. The habitat management plan shall be prepared by a qualified professional who understands the habitat requirements for the affected species. The consultant must demonstrate such expertise to the satisfaction of the director, who may require resumes, work examples or other information demonstrating professional expertise on relevant habitat and/or fisheries issues. The city will meet with the consultant and direct preparation of the habitat management plan. The city must review and accept the habitat management plan as complete before issuing any approvals for the proposed development. In the event of a dispute regarding appropriate content in the habitat management plan, the city may require additional studies or additional supporting information as provided for by this chapter.

2. A biological assessment which meets the requirements of federal and state agencies may be accepted as meeting these requirements.

3. The HMP shall be evaluated by city, state and federal agencies with permit jurisdiction or expertise, as required by this section, and the director shall consider all comments submitted by state and federal agencies, and require necessary revisions to the HMP, if any, prior to accepting the HMP as final.

4. The director shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts to the habitat conservation area and affected species. Mitigation measures shall be based upon the analysis, conclusions, and recommendations contained in the HMP. At a minimum, all requirements and mitigation measures necessary to avoid reducing the likelihood that the species will maintain and reproduce over the long term shall be required as permit conditions for the development proposal.

1. Compensation must be provided for any effects to floodwater storage and fish habitat function within the one-hundred-year floodplain. Indirect adverse effects of development in the floodplain (effects to stormwater, riparian vegetation, bank stability, channel migration, hyporheic zones, wetlands, etc.) must be mitigated such that equivalent or better salmon habitat protection is provided.

2. The mitigation plan shall stipulate avoidance and conservation measures, as are needed to ensure that there is no net adverse effect during any phase of the project. Outside the floodway or riparian habitat zone, the mitigation plan shall include such avoidance, minimization, restoration, conservation or compensation measures to mitigate all impacts.

3. Calculation of impacts and mitigation shall be performed in accordance with Planning Director Interpretation No. 2011-1, or as amended.

4. The following priorities for mitigation of impacts to fish habitat within the one-hundred-year floodplain shall be considered in the habitat assessment and mitigation plan, with the long-term goal of improving functions and values of fish habitat in the estuary over existing conditions:

a. Assignment (purchase) of equivalent mitigation credits from an established mitigation bank within the estuary;

b. Creation or restoration of the functions and values of fish habitat in an area that is available to fish more frequently than the habitat being impacted;

c. Creation or restoration of off-channel refuge habitat;

d. Restoration of fish habitat where it has been previously eliminated or degraded;

e. Enhancement of existing habitat to improve functions and values;

f. Buffer enhancement in riparian habitat areas;

g. Replacement of the habitat functions and values that are impacted by development.

5. Also in accordance with RPA-3.A.3.b, where conditions permit, the city shall require development within the one-hundred-year floodplain to use low impact development (LID) methods consistent with the city’s stormwater management regulations, to minimize or avoid stormwater effects.

6. All development proposals shall protect, enhance, or restore habitat to the maximum extent practicable, either on site or off site.

7. When development occurs in floodplain areas, the portion of the site not elevated above the one-hundred-year flood elevation shall be designed to create floodplain refugia and prevent stranding of aquatic species during flood events to the maximum extent practicable.

8. Restoration of fish habitat either on site or off site is allowed in order to mitigate for habitat impacts caused by development within the floodplain. Restoration and mitigation for impacts may occur in areas which flood more frequently than the area proposed for development (e.g., tidal restoration project that provides greater habitat benefits to juvenile salmonids).

9. The city shall have the authority to require changes in the design of a development if necessary to avoid, minimize or mitigate impacts to endangered species or habitat for such species. (Ord. 3676-19 § 23, 2019; Ord. 3457-15 § 6, 2015; Ord. 2909-06 § 19, 2006.)