Chapter 23.90
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
Part I. Designation, Rating and Mapping
23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart.
23.90.010 Designation, rating and mapping – Fish and wildlife habitat conservation areas.
Part II. Additional Report Requirements – Fish and Wildlife Habitat Conservation Areas
23.90.020 Special study and report requirements – Fish and wildlife habitat conservation areas.
Part III. Development Standards – Fish and Wildlife Habitat Conservation Areas
23.90.030 Development standards – General requirements.
23.90.040 Development standards – Specific habitats.
Part I. Designation, Rating and Mapping
23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart.
See Figure 23.90.000 at the end of this chapter. [Ord. 3527 § 2, 2004].
23.90.010 Designation, rating and mapping – Fish and wildlife habitat conservation areas.
A. Fish and wildlife habitat conservation areas in the city of Edmonds include:
1. Streams. Within the city of Edmonds streams shall include those areas where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby adopted in its entirety by reference and summarized as follows:
a. Type S: streams inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW;
b. Type F: streams which contain fish habitat;
c. Type Np: perennial nonfish habitat streams; and
d. Type Ns: seasonal nonfish habitat streams.
All streams included on the inventory that are known to exist within the city of Edmonds do not meet criteria for “shorelines of the state” but contain fish habitat and, thus, meet designation criteria for Type F waters pursuant to WAC 222-16-030. However, not all Edmonds streams support anadromous fish populations or have the potential for anadromous fish occurrence because of obstructions, blockages or access restrictions resulting from existing conditions. Therefore, in order to provide special consideration of and increased protection for anadromous fish in the application of development standards, Edmonds streams shall be further classified as follows:
Anadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds in which anadromous fish are known to occur. As of 2004, Edmonds fishbearing streams are known to include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Perrinville Creek, and Lunds Creek; and
Nonanadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds which do not support fish populations and do not have the potential for fish occurrence because of barriers to fish passage or lack of suitable habitat.
Streams with anadromous fish occurrence were identified in the Edmonds Stream Inventory and Assessment, a 2002 report of Pentec Environmental which is incorporated by this reference as if herein set forth. The city of Edmonds advocates and encourages the removal of barriers to anadromous fish passage consistent with the purposes and objectives of this title. The director may provide updated information on the occurrence of anadromous fish in Edmonds streams consistent with changes in existing environmental conditions.
2. Areas with Which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association.
a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries 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 for current listing status.
b. State-designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife, 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 for current listing status.
3. 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.
4. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city of Edmonds, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
5. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW.
6. Kelp and eelgrass beds and herring and smelt spawning areas.
7. 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.
8. Waters of the State. Waters of the state include 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 222-16-031 (or WAC 222-16-030, depending on classification used).
9. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
10. Urban open space and land useful or essential for preserving connections between habitat.
11. Areas of Rare Plant Species and High-Quality Ecosystems. Areas of rare plant species and high-quality ecosystems are identified by the Washington State Department of Natural Resources through the Natural Heritage Program.
B. All areas within the city of Edmonds meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title and shall be managed consistent with the best available science, such as the Washington Department of Fish and Wildlife's Management Recommendations for Priority Habitat and Species.
C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are shown on the city of Edmonds critical areas inventory. Resources providing information on the location and extent of fish and wildlife habitat conservation areas incorporated into the inventory include:
1. Washington Department of Fish and Wildlife priority habitat and species maps;
2. Washington State Department of Natural Resources official water type reference maps, as amended;
3. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps;
4. Washington State Department of Natural Resources shorezone inventory;
5. Washington State Department of Natural Resources Natural Heritage Program mapping data;
6. Washington State Department of Health annual inventory of shellfish harvest areas;
7. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission; and
8. Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps.
The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds development services department, project applicants, and/or property owners and should be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical areas designation. [Ord. 3527 § 2, 2004].
Part II. Additional Report Requirements – Fish and Wildlife Habitat Conservation Areas
23.90.020 Special study and report requirements – Fish and wildlife habitat conservation areas.
In addition to the general critical areas report requirements of ECDC 23.40.090, critical area reports for fish and wildlife habitat conservation areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.
A. Preparation by a Qualified Professional. A critical areas report for a fish and wildlife habitat conservation area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for fish and wildlife habitat conservation areas, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B).
B. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for fish and wildlife habitat conservation areas:
1. The project area of the proposed activity;
2. All fish and wildlife habitat conservation areas and recommended buffers within 200 feet of the project area; and
3. All shoreline areas, floodplains, other critical areas, and related buffers within 200 feet of the project area.
C. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including the following site- and proposal-related information at a minimum:
1. Detailed description of vegetation on and adjacent to the project area and its associated buffer;
2. 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;
3. 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.
D. Additional Technical Information Requirements for Streams. Consistent with specific development standards for Edmonds streams (ECDC 23.90.040(D)), critical areas report requirements for streams may be met, at the discretion of the director, through submission of one or more specific report types. If stream buffer enhancement is proposed to reduce a standard stream buffer width or as part of project mitigation required by the director, a stream buffer enhancement plan may be submitted to fulfill the requirements of this section. If no project impacts are anticipated and standard stream buffer widths are retained, a stream survey report, general critical areas report or other reports alone or in combination may be submitted as consistent with the specific requirements of this section. In addition to the basic critical areas report requirements for fish and wildlife habitat conservation areas provided in subsections (A) through (C) of this section, technical information on streams shall include the following information at a minimum:
1. A written assessment and accompanying maps of the stream and associated hydrologic features within 200 feet of the project area, including the following information at a minimum:
a. Stream survey showing the ordinary high water mark(s);
b. Standard stream buffer boundary;
c. Boundary for proposed reduced stream buffers;
d. Vegetative, faunal, and hydrologic characteristics;
e. Soil and substrate conditions; and
f. Topographic elevations, at two-foot contours;
2. A detailed description and functional assessment of the stream buffer under existing conditions pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous fisheries;
3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and stream functions;
4. Proposed buffer enhancement, if needed, including a written assessment and accompanying maps and planting plans for buffer areas to be enhanced, including the following information at a minimum:
a. A description of existing buffer conditions;
b. A description of proposed buffer conditions and how proposed conditions will increase buffer functioning in terms of stream and fish habitat protection;
c. Performance standards for measuring enhancement success through a monitoring period of at least three years; and
d. Provisions for monitoring and submission of monitoring reports documenting buffer conditions as compared to performance standards for enhancement success;
5. A discussion of ongoing management practices that will protect stream functions and habitat value through maintenance of vegetation density within the stream buffer. [Ord. 3527 § 2, 2004].
Part III. Development Standards – Fish and Wildlife Habitat Conservation Areas
23.90.030 Development standards – General requirements.
A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. There are no specific development standards for upland habitats of local importance unless these areas include another critical area (streams, heron rookeries, steep slopes, etc.). City staff will review the critical areas report (ECDC 23.90.020) and work with the applicant to minimize effects or improve conditions to upland habitat.
B. Approvals of Activities. 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. Conditions shall be based on the best available science and may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood;
3. Limitation of access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.
C. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to fish and wildlife habitat conservation areas shall achieve equivalent or greater biologic and hydrologic 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. Mitigation shall be detailed in a fish and wildlife habitat conservation area mitigation plan, which may include the following as necessary:
1. A native vegetation planting plan;
2. Plans for retention, enhancement or restoration of specific habitat features;
3. Plans for control of nonnative invasive plant or wildlife species; and
4. Stipulations for use of innovative, sustainable building practices.
D. Approvals and the Best Available Science. Any approval of alterations or impacts to a fish and wildlife habitat conservation area shall be supported by the best available science.
E. Buffers.
1. Establishment of Buffers. The director shall require the establishment of temporary or permanent buffer areas for permitted activities adjacent to fish and wildlife habitat conservation areas which may result in fish or wildlife disturbance (e.g., construction, grading, etc.) when needed to protect fish and wildlife habitat conservation areas. Establishment of buffers shall follow recommendations set forth by a qualified biologist in the project critical areas report. 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 Washington Department of Fish and Wildlife.
2. Seasonal and Daily Timing Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year or day, seasonal restrictions on permitted activities within or adjacent to fish and wildlife habitat conservation areas may be required at the discretion of the director pursuant to recommendations set forth in a critical areas report.
F. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas.
1. Temporary Markers. The outer perimeter of the fish and wildlife habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field as required by the director in such a way as to ensure that no unauthorized intrusion will occur. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a fish and wildlife habitat conservation area or buffer.
a. 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 feet, whichever is less, 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:
Fish and Wildlife Habitat
Conservation Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and Restriction
b. The provisions of subsection (F)(2)(a) of this section may be modified by the director as necessary to assure protection of sensitive features or wildlife.
3. Fencing.
a. The director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the fish and wildlife habitat conservation area or buffer, when fencing will prevent future impacts to the fish and wildlife habitat conservation area.
b. The applicant shall be required to install a permanent fence around the fish and wildlife habitat conservation area or buffer when domestic grazing animals are present or may be introduced on-site.
c. Fencing installed as part of a proposed activity or as required in this subsection 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. [Ord. 3527 § 2, 2004].
23.90.040 Development standards – Specific habitats.
A. Endangered, Threatened, and Sensitive Species.
1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency.
2. Whenever activities are proposed adjacent to a fish and wildlife 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 areas report prepared by a qualified professional and approved by the director. Approval for alteration of land adjacent to the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies.
3. Bald eagle habitat shall be protected pursuant to the Washington State bald eagle protection rules (WAC 232-12-292). Whenever activities are proposed within 800 feet of a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional. The director 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 Washington Department of Fish and Wildlife.
B. Anadromous Fish.
1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:
a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species;
b. An alternative alignment or location for the activity is not feasible;
c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas;
d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical areas report; and
e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical areas report.
2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.
3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use.
C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the director shall require retention of a minimum of 30 percent of native vegetation on undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for development shall apply to all undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20 regardless of the potential for designation as a fish and wildlife habitat conservation area or other critical area. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation, establishing native vegetation, or a combination of both. A vegetation management plan, subject to the approval of the director, is required for approval of the proposed development. This provision for native vegetation retention will provide increased protection of fish and wildlife habitat throughout the Edmonds jurisdiction.
D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this title and the specific standards for development outlined below.
1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream, from the ordinary high water mark. The following shall be the standard buffer widths for streams based upon the Washington State Department of Natural Resources water typing system and further classification based upon fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing in the city of Edmonds:
a. Type S: 150 feet;
b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet;
c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet;
d. Type F nonanadromous fishbearing stream: 75 feet;
e. Type Np: 50 feet;
f. Type Ns: 25 feet.
General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds critical areas inventory. The potential for anadromous fish access shall be confirmed in the field by a qualified biologist as part of critical areas review and determination of standard stream buffer widths.
2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than 50 percent of the standard stream buffer width concomitant to development and implementation of a stream buffer enhancement plan approved by the director. Reduced stream buffer widths shall only be approved by the director if a stream buffer enhancement plan conclusively demonstrates that enhancement of the reduced buffer area will not degrade the quantitative and qualitative functions and values of the buffer area in terms of fish and stream protection and the provision of wildlife habitat. Stream buffer enhancement plans must meet the specific requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and:
a. Provide evidence that the reduced buffer, through enhancement, will provide functions and values in terms of stream and wildlife protections equivalent to or greater than a standard buffer without enhancement;
b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees;
c. The plan requires monitoring and maintenance to ensure success for a minimum of three years in accordance with ECDC 23.40.130(D) and (E); and
d. The plan specifically documents methodology and provides performance standards for assessing increases in stream buffer functioning as related to:
i. Water quality protection;
ii. Provision of wildlife habitat;
iii. Protection of anadromous fisheries;
iv. Enhancement of fish habitat; and
v. Restricting intrusion and disturbance.
3. Stream Buffer Width Averaging. The director may allow modification of a standard or reduced stream buffer width in accordance with an approved critical areas report and the best available science on a case-by-case basis by averaging buffer widths. Only those portions of a stream buffer existing within the project area or subject parcel shall be considered in the total buffer area for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional demonstrates that:
a. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a stream extending off-site, after averaging is no less than that which would be contained within the standard buffer;
b. The buffer width at any single location is not reduced to less than 50 percent of the reduced or standard width; and
c. The functions and values of the stream and associated buffer will not be diminished through the use of buffer averaging.
4. Additions to Structures Existing within Stream Buffers. Additions to legally constructed structures existing within stream buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this chapter (ECDC 23.90.030 and this section). Provisions for standard stream buffers, buffer reductions through enhancement, and stream buffer averaging require applicants to locate such additions in accordance with the following sequencing:
a. Outside of the standard stream buffer;
b. Outside of a stream buffer reduced through enhancement per subsection (D)(2) of this section;
c. Outside of a stream buffer reduced through buffer averaging per subsection (D)(3) of this section; or
d. Outside of the inner 25 percent of the standard stream buffer width through the use of both buffer reduction and buffer averaging.
Additions to legally constructed structures existing within stream buffers that cannot be accommodated in accordance with the above sequencing (i.e., additions proposed within the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210.
5. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques and best management practices are used to avoid disturbance to the stream bed or bank. Upon completion of construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or otherwise protected according to a stream mitigation and buffer enhancement plan approved by the director, and maintained and monitored per the requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and providing for buffer enhancement in accordance with the requirements of subsection (D)(2) of this section. In addition, the applicant must demonstrate that best management practices will be used during construction to provide the following:
a. Fisheries protection, including no interference with fish migration or spawning;
b. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream disturbance during periods when stream use is critical to salmonids;
c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists;
d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve multiple purposes and multiple lots whenever possible;
e. Roads may cross streams only on previously approved rights-of-way, provided no practical alternative exists and adequate provision is made to protect and/or enhance the stream through appropriate mitigation. Roads shall be designed and located to conform to topography, and maintained to prevent erosion and restriction of the natural movement of ground water as it affects the stream;
f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream; and
g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or associated habitat to a degree acceptable to the city.
6. Trails. After reviewing the proposed development and technical reports, the director may determine that a pedestrian-only trail may be allowed in a stream buffer; provided, nonimpervious surface materials are used, all appropriate provision is made to protect water quality, and all applicable permit requirements have been met. No motorized vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect streams by limiting vehicular access to designated public use or interpretive areas.
7. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within stream buffers; provided, that:
a. No other location is feasible; and
b. The location and function of such facilities will not degrade the functions or values of the stream or stream buffer.
8. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is unique within the state of Washington as a built-out community with streams that have been incorporated within, and often located immediately adjacent to, residential development. This title allows the director full discretion to condition proposals for development on parcels containing, adjacent to, or potentially impacting streams to enhance conditions consistent with ECDC 23.40.050 and the purposes and objectives of this title. Conditions on development shall be required to enhance streams and stream buffers as fish and wildlife habitat conservation areas to provide increased protection of anadromous fisheries and potential fish habitat in accordance with best available science and the recommendations of an approved critical areas report and may include:
a. Removal of stream bank armoring;
b. In-stream habitat modification;
c. Native planting;
d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat;
e. Planting of stream bank native vegetation to increase stream shading;
f. Removal and control of nonnative, invasive weed species;
g. Requiring additional building setbacks or modified buffers; and
h. Limiting or reducing the types or densities of particular uses.
The right of discretion in provisioning development in regard to streams is maintained in order to provide for the creation of enhanced conditions over those currently existing around streams in the city of Edmonds. In all instances where an applicant cannot demonstrate that standard stream buffer widths as provided in subsection (D)(1) of this section can be accommodated by project development, the applicant shall be required to submit a stream buffer enhancement plan or a stream mitigation and buffer enhancement plan as part of a critical areas report indicating that postproject site conditions will provide equivalent or greater protection of stream functions and fish habitat over a standard stream buffer and existing site conditions. [Ord. 3527 § 2, 2004].
