16.50.460 General Requirements Pertaining to Habitat Conservation Areas.
(1) Alterations Shall Not Degrade the Functions and Values of Habitat. A habitat conservation area may be altered only if the proposed activity, including associated mitigation measures, does not degrade the quantitative and qualitative functions and values of the habitat and other critical areas.
(2) Non-indigenous Species Shall Not Be Introduced. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a local, state, or federal permit or approval.
(3) Mitigation Shall Result in Contiguous Corridors. Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of the critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.
(4) Approvals of Activities May be Conditioned. The Director of Community Development 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. Conditions may include, but are not limited to, the following:
(a) establishment of buffer zones;
(b) preservation of critically important vegetation;
(c) limitation of access to the habitat area, including fencing to deter unauthorized access;
(d) seasonal restriction of construction activities;
(e) establishment of a duration and timetable for periodic review of mitigation activities; and
(f) requirement of a financial guarantee, when necessary, to ensure completion and success of proposed mitigation.
(5) Mitigation Shall Achieve Equivalent or Greater Biological Functions. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis.
(6) Approvals Shall be Supported by the Most Current, Accurate, and Complete Scientific and Technical Information Available. Any approval of alterations or impacts to a habitat conservation area shall be supported by the most current, accurate, and complete scientific and technical information available.
(7) Buffers.
(a) Establishment of Buffers. The Director of Community Development shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby, and shall be consistent with the management recommendations issued by the state Department of Fish and Wildlife.
(b) Increased Habitat Buffers. The Director of Community Development may require increased buffer widths in accordance with recommendations of a qualified professional biologist and the most current, accurate, and complete scientific and technical information available when it is determined that a larger buffer is necessary to protect habitat area functions and values due to site-specific characteristics.
(c) Habitat Buffer Averaging. The Director of Community Development may allow the recommended habitat area buffer width to be reduced in accordance with a critical area report, the most current, accurate, and complete scientific and technical information available, and the management recommendations issued by the Washington Department of Fish and Wildlife, only if:
(i) it will not reduce stream or habitat functions;
(ii) it will not adversely affect salmonid habitat;
(iii) it will provide additional natural resource protection, such as buffer enhancement;
(iv) the total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and
(v) the buffer area width is not reduced by more than twenty-five percent (25%) in any location.
(d) Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season.
(8) Signs and Fencing of Habitat Conservation Areas.
(a) Temporary Markers. The outer perimeter of the habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to a development permit shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur, and verified by the Director of Community Development prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction, and shall not be removed until permanent signs, if required, are in place.
(b) Permanent Signs. As a condition of any development permit issued pursuant to this Chapter, the Director of Community Development may require the applicant to install permanent signs along the boundary of a habitat conservation area or buffer. If required, permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. Signs must be posted at an interval of one per lot or every 50 linear feet, whichever yields the greater amount of signs, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director:
“Habitat Conservation Area
Do Not Disturb
Contact City of Pullman
Regarding Uses and Restrictions”
(c) Fencing.
(i) As a condition of any development permit, the Director of Community Development may require the applicant to install a permanent fence at the edge of the habitat conservation area or buffer when fencing will prevent future impacts to the habitat conservation area.
(ii) The applicant shall be required to install a permanent fence around the habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site.
(iii) Fencing installed as part of a proposed activity or as required in this Paragraph shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.
(9) Subdivisions. The subdivision and short subdivision of land in habitat conservation areas and associated buffers is subject to the following:
(a) Land that is located wholly within a habitat conservation area or its buffer may not be subdivided.
(b) Land that is located partially within a habitat conservation area or its buffer may be divided provided that an accessible and contiguous portion of each new lot:
(i) is located outside of the habitat conservation area and its buffer; and
(ii) meets the minimum lot size requirements of city’s zoning code (Title 17).
(c) Access roads and utilities serving a proposed subdivision or other property may be permitted within the habitat conservation area and associated buffers only if the Director of Community Development determines that no other feasible alternative exists and these facilities are otherwise established consistent with the provisions of this Chapter. (Ord. 21-15 §6, 2021; Ord. 19-6 §28, 2019; Ord. 03-18 §47, 2003).