16.55.400 Fish and Wildlife Habitat Conservation Areas

16.55.400 Fish and Wildlife Habitat Conservation Areas.

(a) All areas within the shoreline jurisdiction of Pullman meeting one or more of the following criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Section and shall be managed consistent with the most current, accurate, and complete scientific and technical information available, such as the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitat and Species. Fish and wildlife habitat conservation areas shall include the following:

(i) Areas with which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association.

aa. Federally designated endangered and threatened species are those fish, wildlife and plant species identified by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

bb. State designated, endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the state Department of Fish and Wildlife, and those native plant species identified by the Department of Natural Resources, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species), and WAC 232-12-011 (state threatened and sensitive species). The state Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status.

cc. A combined list of federally and state identified species having the potential to exist within the City is maintained by the Pullman Department of Community Development.

(ii) State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife. A state list of priority habitats is maintained by the Pullman Department of Community Development.

(iii) Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the City, including those that possess unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators, such as high quality native plant communities, and those with historical or cultural importance.

(iv) Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

(v) Waters of the State. Waters of the state includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-030.

(vi) Lakes, Ponds, Streams, and Rivers Planted with Game Fish by a Governmental or Tribal Entity.

(vii) State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the state Department of Natural Resources.

(viii) Land Essential for Preserving Connections between Habitat Blocks and Open Spaces.

(ix) All areas within the City meeting one or more of the above criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Section. The SMP Administrator shall be responsible for making final habitat conservation area designations in shoreline jurisdiction within the City.

(b) Mapping. The approximate location and extent of habitat conservation areas are shown on the following maps, which are hereby adopted to provide geographic information about known or suspected habitat conservation areas:

(i) Department of Fish and Wildlife Priority Habitat and Species Maps;

(ii) Department of Natural Resources, Official Water Type Reference Maps, as amended;

(iii) Resident salmonid distribution maps contained in studies conducted by the local watershed planning unit or in the Habitat Limiting Factors Reports published by the Washington Conservation Commission;

(iv) Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area Maps; and

(v) City habitat maps.

These maps are to be used as a guide for the City, project applicants, and property owners, and will be periodically updated as new information becomes available. They are a reference and do not provide a final critical area designation.

(2) Critical Area Report – Additional Requirements. In addition to the general critical area report requirements, the following elements must be met:

(a) Preparation by a Qualified Professional. A critical areas report for a habitat conservation area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat;

(b) Areas Addressed in Report. The following areas shall be addressed in a critical area report for habitat conservation areas:

(i) The project area of the proposed activity;

(ii) All habitat conservation areas and recommended buffers within 200 feet of the project area; and

(iii) Shoreline areas, floodplains, and other critical areas, and related buffers within 200 feet of the project area.

(c) Habitat Assessment. An investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. An assessment of habitats shall include, at a minimum, the following information:

(i) A detailed description of vegetation on and adjacent to the project area;

(ii) Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

(iii) A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

(iv) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with Subsection 16.55.350(11) (Mitigation Requirements); and

(v) A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.

(d) Additional Information. When appropriate due to the type of habitat or species present or the project area conditions, the SMP Administrator may also require the critical area report to include:

(i) An evaluation by the Washington Department of Fish and Wildlife or qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and

(ii) Detailed surface and subsurface hydrologic features both on and adjacent to the site.

(a) 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.

(b) 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.

(c) 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.

(d) Approvals of Activities May be Conditioned. The SMP Administrator 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:

(i) Establishment of buffer zones;

(ii) Preservation of critically important vegetation;

(iii) Limitation of access to the habitat area, including fencing to deter unauthorized access;

(iv) Seasonal restriction of construction activities;

(v) Establishment of a duration and timetable for periodic review of mitigation activities; and

(vi) Requirement of a financial guarantee, when necessary, to ensure completion and success of proposed mitigation.

(e) 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.

(f) 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.

(i) Establishment of Buffers. The SMP Administrator shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas in shoreline jurisdiction, 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.

(ii) Increased habitat buffers. The SMP Administrator 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.

(iii) Habitat buffer averaging. The SMP Administrator 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:

aa. It will not reduce stream or habitat functions;

bb. It will not adversely affect salmonid habitat;

cc. It will provide additional natural resource protection, such as buffer enhancement;

dd. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

ee. The buffer area width is not reduced by more than twenty-five percent (25%) in any location.

(iv) 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.

(i) 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 SMP Administrator 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.

(ii) Permanent Signs. As a condition of any development permit issued pursuant to this Chapter, the SMP Administrator 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 City:

“Habitat Conservation Area Do Not Disturb

Contact City of Pullman Regarding Uses and Restrictions”

aa. As a condition of any development permit, the SMP Administrator 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.

bb. 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.

cc. 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.

(i) Subdivisions. The subdivision and short subdivision of land in habitat conservation areas and associated buffers in shoreline jurisdiction is subject to the following:

(i) Land that is located wholly within a habitat conservation area or its buffer may not be subdivided.

(ii) 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:

aa. Is located outside of the habitat conservation area and its buffer; and

bb. Meets the minimum lot size requirements of City’s zoning code (Title 17).

(iii) 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 SMP Administrator determines that no other feasible alternative exists and these facilities are otherwise established consistent with the provisions of this Chapter.

(i) No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association.

(ii) Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and submitted to the SMP Administrator. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife and the appropriate federal agency.

(iii) Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are proposed adjacent to a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional. Activities are adjacent to bald eagle sites when they are within 800 feet, or within one-quarter mile (1,320 feet) and in a shoreline foraging area. The SMP Administrator shall verify the location of eagle management areas for each proposed activity. Approval of the activity shall not occur prior to approval of the habitat management plan by the U.S. Fish and Wildlife Service.

(b) Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall, at a minimum, conform to the wetland standards set forth in Section 16.55.360 (Wetlands), in addition to meeting the habitat conservation area standards in this Section.

(i) Activities Shall Not Degrade the Functions and Values of Riparian Habitat. Unless otherwise allowed in this Chapter, all structures and activities shall be located outside of the riparian habitat area. A proposed activity may only be permitted in a riparian habitat area if the applicant can show that the activity, including associated mitigation measures, will not degrade the functions and values of the riparian habitat area and other critical areas.

(ii) Establishment of riparian habitat areas. Riparian habitat areas shall be established for habitats that include aquatic and terrestrial ecosystems that mutually benefit each other and that are located adjacent to rivers, perennial or intermittent streams, seeps and springs.

(iii) Classification. Streams are classified using the Permanent Water Typing System described in WAC 222-16-030, and as follows:

aa. Type S: Type S waters are shorelines of the state.

bb. Type F: Type F waters are perennial or seasonal, fish bearing waters.

cc. Type Np: Type Np waters are non-fish bearing perennial waters.

dd. Type Ns: Type Ns waters are non-fish bearing seasonal waters.

aa. Riparian habitat area buffer widths for waters in shoreline jurisdiction in each environment designation are shown in Table 16.55.400-1. A riparian habitat area shall have the required width, unless a greater width is required pursuant to Subsection 16.55.400(4)(c)(v), or a lesser width is allowed pursuant to Subsection 16.55.400(4)(c)(vi).

bb. Widths shall be measured outward, on the horizontal plane, from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified.

cc. Where an action is proposed in an environment designation that is separated from the shoreline by a different environment designation, the only riparian habitat area that applies in the landward designation is that riparian habitat area which is specified for that designation. The applicable riparian habitat area width is always measured from the ordinary high water mark.

Table 16.55.400-1 Riparian Habitat Area Widths
Environment Designation	Shoreline Waters¹ (Type S)	Other Waters²
All Designations	• For water-dependent developments, no minimum riparian habitat area width. Apply mitigation sequencing to avoid and minimize adverse impacts during development siting. • For all developments, riparian habitat area widths are the lesser of the distance indicated below, or (if present) the waterward edge of an improved public road or railroad intersecting the riparian habitat area
Shoreline Residential	75 feet	Type F: 75 feet Type Np: 50 feet Type Ns: 50 feet
Shoreline Residential – Urban Growth Area	100 feet	Type F: 100 feet Type Np: 50 feet Type Ns: 50 feet
Shoreline Parks	50 feet	Type F: 50 feet Type Np: 50 feet Type Ns: 50 feet
High Intensity	From the retaining wall east of NE Kamiaken Street on the south side of the Palouse River: no riparian habitat area Everywhere else: 30 feet	All: 30 feet

1Shoreline (Type S) riparian habitat area widths are based on existing conditions in each environment designation

2Non-shoreline waters are subject to the buffers and other critical area protections herein only when passing through shoreline jurisdiction

(v) Increased Riparian Habitat Area Width. The recommended riparian habitat area width shall be increased, as follows:

aa. When the SMP Administrator determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area; or

bb. When the SMP Administrator determines that the width is insufficient to protect human life and development from frequently flooded areas, geologically hazardous areas, or channel migration zones.

(vi) Riparian habitat area width averaging. The SMP Administrator may allow the width to be reduced in accordance with a critical area report only if:

aa. The width reduction will not reduce stream habitat functions, including those of non-fish habitat;

bb. The width reduction will not degrade the habitat;

cc. The proposal will provide additional habitat protection;

dd. The total riparian habitat area of each stream on the development proposal site is not decreased;

ee. The width is not reduced by more than twenty-five percent (25%) in any one location;

ff. The width reduction will not be located within another critical area or associated buffer; and

gg. The reduced width is supported by the most current, accurate, and complete scientific and technical information available.

(vii) Riparian Habitat Mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in equivalent functions and values on a per function basis, be located as near the alteration as feasible, and be located in the same sub-drainage basin as the habitat impacted.

(viii) Alternative Mitigation for Riparian Habitat Areas. The requirements set forth in this Section may be modified at the SMP Administrator’s discretion if the applicant demonstrates that greater habitat functions, on a per function basis, can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures.

(ix) Uses and modifications allowed in riparian habitat areas. The following uses are allowed in riparian habitat areas provided that mitigation sequencing (Subsection 16.55.230(2)(d)) is demonstrated, and any adverse impacts to ecological functions are mitigated.

aa. Water-dependent uses. Consistent with the use allowances for each environment designation, water-dependent uses, modifications and activities may be located in riparian habitat areas at the water’s edge.

bb. Accessories to water-dependent uses. Uses, developments and activities accessory to water-dependent uses should be located outside any applicable standard or reduced riparian habitat area unless at least one of the following is met:

i. Proximity to the water-dependent project elements is critical to the successful implementation of the facility’s purpose and the elements are supportive of the water-dependent use and have no other utility (e.g., a road to a boat launch facility, facilities that support aquaculture); or

ii. The proposed accessory would be located in a park or on other public lands where high-intensity recreational development is already legally established, and the accessory would not conflict with or limit opportunities for other water-oriented uses; or

iii. The accessory use, development or activity can be located upland of the water-dependent use; or

iv. The applicant’s lot/site has topographical constraints where no other location of the development is feasible (e.g., the water-dependent use or activity is located on a parcel entirely or substantially encumbered by the required buffer).

In these circumstances, uses and modifications accessory to water-dependent uses must be designed and located to minimize intrusion into the buffer. All other accessory uses, developments and activities proposed to be located in a shoreline buffer must obtain a Shoreline Variance unless otherwise allowed by other regulations in this section or in this SMP.

cc. Water-oriented public access and recreation facilities. New development and redevelopment of water-oriented public access and recreation structures are allowed in riparian habitat areas provided the applicant can demonstrate that the design applies mitigation sequencing and appropriate mitigation is provided to ensure no net loss of ecological functions. Applicants shall submit a management plan that specifically addresses compliance with Sections 16.55.250 (Environmental Protection), 16.55.260 (Shoreline Vegetation Conservation), 16.55.270 (Water Quality, Stormwater, and Nonpoint Pollution), and Part VII (Shoreline Critical Areas Policies and Regulations). The City may review and condition the project to fully implement the policies of the Shoreline Management Act and this Master Program.

dd. Temporary agricultural equipment and facilities. New agricultural equipment and facilities, excluding buildings, may be placed in a buffer if the following conditions are satisfied:

i. Placement of the equipment and facilities must support an existing agricultural use.

ii. The equipment and facilities may only be in the buffer on a temporary or seasonal basis, a maximum of eight (8) months in a running 12-month period.

iii. Placement outside of a buffer is not feasible because it would be located on a property owned by another landowner or it would interfere with another agricultural or authorized use.

iv. The location of the proposed equipment and facilities is on an already altered site, and would not result in harm to or removal of native vegetation.

v. Best management practices are utilized to prevent adverse impacts to water quality or other ecological functions.

ee. Shoreline residential access. A private access pathway constructed of pervious materials may be installed, a maximum of four (4) feet wide, through the riparian habitat area to the OHWM. Impervious materials may be used as needed to construct a safe, tiered pathway down a slope. Raised boardwalks may also be constructed through wetland areas to reach the shoreline waterbody consistent with regulations in this article. A railing may be installed on one edge of the pathway, a maximum of 36 inches tall and of open construction. Pathways to the shoreline should take the most direct route feasible consistent with appropriate safety standards.

(d) Standards for Specific Activities in Riparian Habitat Areas. In addition to the general review procedures set forth in Subsection 16.55.350(9) and other applicable provisions of this SMP Part VI, General Policies and Regulations; Part VIII, Shoreline Use Policies and Regulations; and Part IX, Shoreline Modification Policies and Regulations), the standards below apply to specific activities proposed to be located within a riparian habitat area in shoreline jurisdiction to ensure maintenance or enhancement of the functions and values of the affected habitat area.

(i) Clearing and Grading. Clearing and grading operations shall comply with the following standards:

aa. Grading shall be conducted only when soil conditions are dry and the potential for erosion is low;

bb. Tilling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of an approved wetland alteration;

cc. The soil duff layer shall remain undisturbed to the maximum extent possible, and where feasible, any soil disturbed shall be redistributed to the areas of the project area;

dd. The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces; and

ee. Erosion and sediment control that meets or exceeds the standards set forth in the adopted stormwater management regulations shall be provided.

(ii) Stormwater Conveyance Facilities. Stormwater conveyance structures shall comply with the following standards:

aa. The applicant shall demonstrate that no feasible alternatives with less impact exist;

bb. The structures shall incorporate fish habitat features; and

cc. Vegetation shall be maintained and, if necessary, added adjacent to all open channels and ponds in order to retard erosion, filter out sediments, and shade the water.

(iii) On-Site Sewage Systems and Wells. On-site sewage systems and wells shall comply with the following standards:

aa. New individual wells and on-site sewage systems may be allowed only if accessory to an approved residential structure for which it is not feasible to connect to a public water or sanitary sewer system; and

bb. Repairs to failing on-site sewage systems associated with an existing structure shall be accomplished by one of the following methods that results in the least impact to the environment:

i. Connection to an available public sanitary sewer system; or

ii. Replacement with a new on-site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with the Whitman County Health Department; or

iii. Repair of the existing on-site septic system. (Ord. 21-15 §6, 2021; Ord. 16-3 §41, 2016).