18.05.240 Critical area – Fish and wildlife habitat conservation areas.
A. Purpose and Objectives. The City of Kettle Falls recognizes the importance of protecting fish and wildlife habitat conservation areas that are located within the city boundaries or that may annex into the city while at the same time encouraging continued economic development of the city, including the continuation of agriculture. Implementation of this section is directed toward preserving resources by steering incompatible development away from these areas and/or by providing adequate appropriate mitigation measures to development that alleviate negative impacts. The following reflect the goals and policies of the community:
1. Goal. Protect fish and wildlife habitat areas as important natural resource areas.
B. Designation. The City of Kettle Falls designates fish and wildlife habitat conservation areas within the city and its urban growth area in accord with Washington Department of Fish and Wildlife Priority Habitats and Species Program, as amended.
C. Classification. The city shall use the general classification of fish and wildlife habitat conservation areas. This classification is to recognize that habitat areas may have differing functions and values within the urban environment. In reviewing development proposals, the city shall consider the fish and wildlife habitat conservation areas classification in establishing buffer widths, mitigation requirements, and permit conditions. Any decision regarding establishment of buffers, buffer widths, access restrictions, vegetation conservation and restoration requirements, mitigation requirements, or permit conditions shall be an administrative decision.
D. Mapping. Priority habitats and species maps used by the Washington State Department of Fish and Wildlife depict general locations of fish and wildlife habitat conservation areas. However, because species populations and habitat systems are dynamic, agency consultation shall be required to verify designation as a habitat conservation area, except in cases in which a plan or agreement for the habitat or species in question has been prepared and approved by the Washington State Department of Fish and Wildlife and the City of Kettle Falls.
E. Standards. In addition to the general provisions of this chapter and the requirements of the underlying zone, the following minimum standards shall apply to development activities within and adjacent to fish and wildlife habitat conservation areas:
1. Habitat Assessment. Critical areas reports for fish and wildlife habitat conservation areas shall include a habitat assessment to evaluate the presence or absence of a priority species or habitat.
2. All projects shall comply with the applicable federal, state and local regulations regarding the species and habitats identified upon a site.
3. The Washington State Department of Fish and Wildlife priority habitats and species management recommendations shall be consulted in developing specific measures to protect a specific project site.
4. When needed to protect the functions and values of fish and wildlife habitat conservation areas, the administrator shall require the establishment of buffer areas for activities in or adjacent to such areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration. Buffer widths shall reflect the classification and sensitivity of the habitat and the intensity of activity proposed and shall be consistent with the management recommendations issued by the State Department of Fish and Wildlife or other best available science.
5. Any approved alteration or development shall be required to minimize impacts to native vegetation. Where disturbance is unavoidable, the applicant shall restore the area to the extent possible using native plants appropriate to the site. New plantings shall be monitored and maintained in good growing condition and kept free of invasive weeds until well established upon the site.
6. Within riparian habitat conservation areas, vegetation shall not be removed unless no other alternative exists. In such cases clearing shall be limited to those areas necessary and disturbed areas shall be replanted with site-appropriate native riparian vegetation.
7. Access to fish and wildlife habitat conservation areas or buffers may be restricted in accord with the findings of a critical areas report, mitigation report, PHS management recommendations or other best available science. Access restrictions may include fencing and signs, as needed to ensure protection of habitat functions and values. Restrictions may be seasonal in nature.
8. Subdivision of lands within habitat conservation areas shall be subject to the following:
a. All division of land shall be accomplished by planned development when a threatened or endangered species is verified to be present; and
b. All division of land shall be accomplished by planned development when 25 percent or more of the site falls within one or more designated fish and wildlife conservation areas.
9. All activities, uses and alterations proposed to be located in or adjacent to water bodies used by anadromous fish shall give special consideration to the preservation and enhancement of associated habitats.
10. Any activity that does not follow the general provisions of this chapter shall be issued a stop work order until all requirements have been met. If the applicant does not comply with the stop work order, a critical areas violation shall be issued.
F. Critical Area – Fish and Wildlife Habitat Management and Mitigation Plan.
1. A fish/wildlife habitat management and mitigation plan shall be prepared by a qualified professional who is knowledgeable of fish and wildlife habitat within North Central Washington.
2. The fish/wildlife habitat management and mitigation plan shall demonstrate no net loss of ecological functions of the habitat conservation area and buffer.
3. The fish/wildlife habitat management and mitigation plan shall identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the habitat conservation area and any associated buffer.
4. Mitigation Sequence. When an alteration or impact to a critical area is proposed, the professional shall demonstrate that all reasonable efforts have been taken to mitigate impacts in the following prioritized order:
a. Avoiding the adverse impact altogether by not taking a certain action or parts of an action or moving the action.
b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts.
c. Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment.
d. Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action.
e. Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and the mitigation project and taking appropriate corrective measures.
5. Mitigation for development may include a sequenced combination of the above measures as needed to achieve the most effective protection or compensatory mitigation for critical area functions.
6. Mitigation Ratios. Mitigation ratios shall be used when impacts to riparian areas, aquatic habitat, and riparian buffers and uplands are unavoidable. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater ecological functions. Mitigation shall be located on site unless the professional can demonstrate, and the county approves, that on-site mitigation will result in a net loss of ecological functions. If off-site mitigation measures are determined to be appropriate, off-site mitigation shall be located in the same watershed and/or uplands as the development within Stevens County.
7. The on-site mitigation ratio shall be at a minimum area replacement ratio of one to one for development within aquatic habitat, riparian areas, riparian buffers and uplands, and potentially a replacement ratio of two to one for high quality habitat; off-site mitigation may require a higher level of mitigation per the Washington State Department of Fish and Wildlife if presented with documented best available science. Mitigation and management plans shall evaluate if a higher mitigation ratio on a site-by-site basis is necessary and is dependent upon the ecological functions and values provided by the habitat. Recommendations by resource agencies in evaluating appropriate mitigation shall be encouraged but are not mandatory. (Ord. 1803, §1, 2022).