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A. General Requirements.

1. With the exception of the Marine Shoreline Critical Salmon Habitat data layer which is designated and will be regulated according to the mapped area, the County Geographic Information System (GIS)-Critical Fish and Wildlife Habitat Area Maps provide an indication of where potential regulated fish and wildlife habitat areas are located within the County. The presence or location of a potential regulated fish or wildlife species, habitat area, or point location that has not been mapped, but that may be present on or adjacent to a site, shall be determined using the procedures and criteria established in this Chapter.

2. The Department will complete a review of the County Geographic Information System (GIS) – Critical Fish and Wildlife Habitat Area Maps and other source documents for any proposed regulated activity to determine whether the site for the regulated activity is located within a potential regulated fish or wildlife habitat. Identification of a potential regulated fish or wildlife habitat area may also occur as a result of field investigation conducted by Department or Washington Department of Fish and Wildlife (WDFW) staff.

3. Except as allowed in PCC 18E.20.030, Exemptions, or PCC 18E.40.030 B.*, Review Waiver Allowances, when the Department's maps, sources, or field investigation indicates that the site for a proposed regulated activity is located within a potential regulated fish or wildlife habitat area, the Department shall require the submittal of a fish and wildlife application and the completion of a habitat assessment. The habitat assessment shall be documented as set forth in subsection B, below. (See Figure 18E.40-3 in Chapter 18E.120 PCC.)

* Code Revisor's Note: The reference to PCC 18E.40.030 B. has been recodified to PCC 18E.20.035.

4. When the Department confirms that the waiver requirements of PCC 18E.40.030 B.* have been met, title and land division notification and critical area boundary identification requirements may still be imposed.

* Code Revisor's Note: The reference to PCC 18E.40.030 B. has been recodified to PCC 18E.20.035.

5. Projects undergoing review for regulated fish and wildlife habitat areas shall be routed to tribal agencies with jurisdiction for review. Tribes will have an opportunity to provide specific species or habitat related information on proposed development sites. If necessary, the Department will seek additional assistance from WDFW and similar appropriate State and Federal agencies.

6. Approval of a fish and wildlife application shall be granted upon a determination that the habitat assessment and mitigation plan, if applicable, are thorough and accurate and meet all requirements of this Title.

7. If application of the standards contained in this Chapter would deny all reasonable use of a site, the applicant may pursue a Reasonable Use Exception as set forth in PCC 18E.20.050, unless in a shoreline jurisdiction where a shoreline variance will be required per Title 18S PCC, Development Policies and Regulations – Shorelines.

8. Unless otherwise stated in this Chapter, the critical area protective measure provisions contained in PCC 18E.10.080 shall apply.

B. Habitat Assessment. A Habitat Assessment is a site investigation process to evaluate the potential presence or absence of a regulated fish or wildlife species or habitat affecting a subject property and the potential for impacts to such features as a result of a development proposal.

1. The applicant may select a wetland specialist or a fish or wildlife biologist, as allowed by this Section, or Department staff to conduct a Habitat Assessment to determine whether or not a regulated fish or wildlife habitat area, point location, and any associated buffer are located on the site for a proposed development as outlined below:

a. Applicants for single-family dwellings or agricultural activities may retain Department staff to complete the Habitat Assessment by submitting a fish and wildlife habitat area application.

b. Applicants for all other types of activities shall retain a wetland specialist, fishery or wildlife biologist.

2. If Department staff determines that no regulated fish or wildlife habitat areas, point locations, or associated buffers are present on the site, the property owner will be informed in writing, and then fish and wildlife habitat area review will be considered complete.

3. If Department staff identify regulated fish or wildlife habitat areas, point locations, or associated buffers on the site and all aspects of the project are outside of regulated areas, an Approval document will be provided to the property owner to be recorded on title.

4. If Department staff determines that a regulated area (fish or wildlife habitat areas, point locations, or associated buffers) is present on the site, and all aspects of the project are not located outside of regulated areas, then the applicant has the option of redesigning the project so as to avoid regulated areas, proposing a modification to any required buffer, proposing to use an applicable standard within PCC 18E.40.040 or seeking approval of an alternate approach. If the project is redesigned to avoid regulated areas, no further review is needed. Otherwise, the applicant shall submit a Habitat Assessment Study or a Habitat Assessment Report as outlined in subsection B.5 of this Section

5. When the Habitat Assessment is completed by a consultant, the following documentation shall be submitted to the Department:

a. Letter. If a regulated area is not located on the site, then a Habitat Assessment Letter shall be submitted for County review. The Letter shall meet the requirements contained in PCC 18E.40.070 – Appendix B. (See Figure 18E.40-3 in Chapter 18E.120 PCC.)

b. Study. If the field investigation determines a fish or wildlife habitat conservation area, point location, or associated buffer is located on the site and the proposed regulated activity complies with the requirements of Table 18E.40.040-1, Submerged Aquatic Vegetation, and Table 18E.40.060-1, Fish and Wildlife Habitat Conservation Area Buffer Requirements, or the standards of PCC 18E.40.040, then a Habitat Assessment Study shall be submitted for County review. The Study shall meet the requirements contained in PCC 18E.40.070 – Appendix C. (Also see Figure 18E.40-3 in Chapter 18E.120 PCC.)

c. Report. If a regulated area is located on the site but the proposed development activity does not or cannot comply with the requirements of Table 18E.40.040-1, Submerged Aquatic Vegetation, and Table 18E.40.060-1, Fish and Wildlife Habitat Conservation Area Buffer Requirements, or the standards of PCC 18E.40.040, then a Habitat Assessment Report shall be submitted for County review. The Report shall meet the requirements contained in PCC 18E.40.070 – Appendix D. (Also see Figure 18E.40-3 in Chapter 18E.120 PCC.)

d. Habitat Assessments shall be submitted to the Department for review and approval together with a fish and wildlife habitat area application.

e. Habitat Assessments shall be prepared, signed, and dated by a wetland specialist, fisheries or wildlife biologist, as applicable to the particular species or habitat type.

f. A Joint Aquatic Resources Permit Application (JARPA) may be submitted for projects occurring in water, instead of a Habitat Assessment Study or Report, as long as it contains the information required by PCC 18E.40.070 – Appendices C and D.

6. All habitat assessment documents submitted under the requirements of this Chapter shall, at a minimum, include the following:

a. The parcel number of the subject property.

b. The site address of the subject property, if one has been assigned by the County.

c. The date and time when the site evaluation for the habitat assessment was conducted and the date when the habitat assessment was prepared.

d. The credentials of the biologist who prepared the habitat assessment.

e. The mailing address and phone number of the property owner and the fish or wildlife biologist that prepared the habitat assessment.

f. A detailed description of the vegetation on and adjacent to the site.

g. Identification and a detailed description of any critical fish or wildlife species or habitats, as set forth in PCC 18E.40.020, on or adjacent to the site and the distance of such habitats or species in relation to the site. Describe efforts to determine the status of any critical species in the project area, including information on survey methods, timing, and results of surveys for species or suitable habitat identification.

h. Include any information received from biologists with special expertise on the species or habitat type, such as WDFW, Tribal, USFS, or other local, regional, federal, and university fish, wildlife and habitat biologists and plant ecologists. Include any such conversations in the habitat assessment and cite as personal communication.

i. A map showing the location of the site, including written directions.

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

7. The Department shall review the habitat assessment and either:

a. Accept the habitat assessment and approve the critical fish and wildlife application; or

b. Reject the habitat assessment and notify the applicant in writing of the reasons why the habitat assessment was rejected.

C. Combined Habitat Assessment – Wetland Review Process. When both wetland review and a habitat assessment are required, the applicant may be allowed to submit the results of both in one document.

(Ord. 2013-45s4 § 4 (part), 2015; Ord. 2006-103s § 2 (part), 2006; Ord. 2005-80s § 3 (part), 2005; Ord. 2004-56s § 4 (part), 2004)