18E.40.040 Fish and Wildlife Habitat Conservation Area Standards

18E.40.040 Fish and Wildlife Habitat Conservation Area Standards.

1. This Section provides Standards to be used for regulated activities that demonstrably cannot be maintained outside of buffers. Discussion of a particular activity in this Section does not mean that an applicant does not need to adhere to the avoidance and minimization requirements of this Title.

a. Where avoidance is not possible, the applicant may be able to minimize review or mitigation requirements by following the buffer modification allowance of PCC 18E.40.060 and the Standards outlined in PCC 18E.40.040.

b. If neither the buffer modification allowances nor standards are applicable or feasible, then an applicant may need to pursue a fish and wildlife variance or reasonable use exception as outlined in Chapter 18E.20 PCC.

2. When the Department determines that mitigation is necessary to offset the identified impacts from a proposed development, the applicant shall comply with the mitigation requirements set forth in PCC 18E.40.050.

3. Wetlands shall be regulated pursuant to the requirements contained in Chapter 18E.30 PCC.

B. Water Bodies and Associated Buffers. Upon demonstration that avoidance and minimization are not possible, the following series of activity-specific standards may be utilized to minimize review and mitigation requirements. The following specific regulated activities may occur within a water body or associated buffer subject to the following standards:

1. Clearing and Grading. When clearing and grading is permitted as part of an authorized regulated activity or as otherwise allowed in these standards, the following shall apply:

a. Grading is allowed only during the dry season, which is typically regarded as beginning on May 1st and ending on October 1st of each year; provided, that the Department may extend or shorten the dry season on a case-by-case basis, determined on actual weather conditions. Clearing and grading may be allowed during the wet season if all drainage will flow away from any waterbody/watercourse.

b. Filling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of an approved wetland permit issued by the Department.

c. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the project site.

d. 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 site that impervious surfaces do not cover.

e. Erosion and sediment control that meets or exceeds the standards set forth in the Pierce County Stormwater Drainage Manual shall be provided.

a. Hazard trees determined to pose an imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be removed or topped by the landowner prior to receiving written approval from Pierce County; provided, that within 14 days following such action, the landowner shall submit the necessary report and replanting schedule demonstrating compliance with subsections B.2.b.(1) through (3) below.

b. Hazard trees not posing an imminent threat or danger may be removed subject to the following standards:

(1) The applicant submits a report from a certified arborist, licensed landscape architect or professional forester that documents the hazard and provides a replanting schedule for the replacement trees and receives written approval from Pierce County authorizing tree removal;

(2) Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by the landowner's expert. Where limbing or crown thinning is not sufficient to address the hazard, trees should be topped to remove the hazard rather than cut at or near the base of the tree. All vegetation cut (tree stems, branches, tops, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation; and

(3) The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped. Tree species that are native and indigenous to the site shall be used.

a. Fencing shall be placed in such a manner as to maintain wildlife movement corridors and not create any fish passage blockages.

b. The Department has the authority to approve the location, type, and height of any proposed or required fencing unless superseded by any Federal or State agency approvals.

4. Shoreline Stabilization Measures. New shoreline erosion control measures, or replacement structures that either expand the area protected or increase the impacts of such structures on regulated fish or wildlife habitat, shall be subject to the following standards:

a. The proposal complies with the provisions set forth in Chapter 18E.110 PCC, Erosion Hazard Areas.

b. The applicant has submitted a habitat assessment report, as set forth in PCC 18E.40.030.

c. The Habitat Assessment Report demonstrates the following:

(1) Natural shoreline processes will be maintained. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within 1/4 mile of the site.

(2) The shoreline erosion control measure will not adversely impact critical fish or wildlife habitat areas or associated wetlands.

(3) Adequate mitigation measures, as set forth in PCC 18E.40.050, are provided that ensure no net loss of intertidal or riparian habitat or function occurs as a result of the proposed shoreline erosion control measure.

(4) No alteration of intertidal migration corridors occurs as a result of the proposed shoreline erosion control measure.

5. Streambank Stabilization. Streambank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bioengineering or soft armoring techniques or public flood control projects. Streambank stabilization shall comply with the provisions set forth in Chapter 18E.70 PCC.

6. Launching Ramps – Public or Private. Launching ramps may be allowed when the applicant has submitted a habitat assessment report as set forth in PCC 18E.40.030 that has demonstrated the following:

a. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within 1/4 mile of the site.

b. The ramp will not adversely impact critical fish or wildlife habitat areas or associated wetlands.

c. Adequate mitigation measures, as set forth in PCC 18E.40.050, are provided that ensure no net loss of intertidal or riparian habitat or function occurs as a result of the ramp.

d. No alteration of intertidal migration corridors as a result of the ramp.

7. Docks. Repair and maintenance of an existing dock or pier or construction of a new dock or pier shall be permitted subject to the following:

a. Repair and maintenance:

(1) There is no increase in the use of materials creating shade for predator species or eelgrass;

(2) There is no expansion in overwater coverage;

(3) There is no new spanning of waters between 3 and 13 feet deep;

(4) There is no increase in the size and number of pilings; and

(5) There is no use of toxic materials (such as creosote) that come in contact with the water.

b. New docks and piers are subject to compliance with any WDFW HPA or U.S. Army Corps of Engineers permit conditions and with any mitigation required by the County to ensure no net loss of regulated species or habitat or shoreline function.

8. Roads, Trails, Bridges, and Rights-of-Way. Construction of trails, roadways, and minor road bridging may be allowed subject to the following standards:

a. There is either no feasible alternative route with less impact on the environment or it has been approved by the County Council as part of a nonmotorized public trail system.

b. The crossing allows for uninterrupted downstream movement of wood and gravel.

c. Mitigation, pursuant to PCC 18E.40.050, for impacts is provided.

d. Road bridges are designed according to the WDFW Habitat and Lands Environmental Division's Fish Passage Design at Road Culverts, March, 1999, and the NMFS Guidelines for Salmonid Passage at Stream Crossings, 2000.

e. Trails and associated viewing platforms shall be made of pervious materials.

a. Installation of a utility is permitted if constructed in an existing, improved roadway, drivable surface or shoulder, in Pierce County rights-of-way subject to compliance to the Pierce County Manual on Accommodating Utilities in the Right-of-Way road.

b. New utility lines and facilities are permitted to cross regulated streams and bodies of water if they comply with the following standards:

(1) Avoid critical fish and wildlife habitat areas to the maximum extent possible.

(2) Crossings are contained within the footprint of an existing road or utility crossing where possible.

(3) Avoid paralleling the stream or following a down-valley course near the channel.

(4) Do not increase or decrease the natural rate of shore migration or channel migration.

(5) Bore beneath the scour depth and hyporheic zone of the water body and CMZ where feasible. Whenever boring under the channel is not feasible then any channel crossings shall occur at an angle that is between 60 and 90 degrees from the centerline of the channel.

10. In-stream Structures. A new in-stream structure (such as but not limited to high flow bypass, sediment ponds, in-stream ponds, retention and detention facilities, tide gates, dams, weirs, engineered wood systems, etc.) shall be allowed only as part of an approved mitigation or restoration project or watershed basin plan approved by the County and upon acquisition of any required State or Federal permits. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect critical fish species.

11. Stormwater Conveyance Facilities. Conveyance structures whose sole purpose is to convey stormwater already treated for quality, or water bypassed around water quality treatment facilities pursuant to an approved stormwater plan, may be constructed subject to the following standards:

a. No other feasible alternatives with less impact exist;

b. Mitigation for impacts is provided;

c. Stormwater conveyance facilities shall incorporate fish habitat features;

d. 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.

12. On-site Sewage Systems and Wells. Repairs to failing on-site sewage systems associated with an existing structure shall be accomplished by utilizing one of the following methods that result in the least impact:

a. Connection to an available public sewer system pursuant to Title 13 PCC;

b. 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 provisions in Chapter 18E.70 PCC; or

c. Repair to the existing on-site sewage system.

13. New Agricultural Activities. New agricultural activities are permitted subject to the following:

a. Agricultural activities and structures shall comply with the provisions of Chapter 18E.70 PCC, Flood Hazard Areas.

b. The agricultural activity is in compliance with the USDA, NRCS farm management standards.

c. A copy of an approved NRCS or Pierce County Conservation District farm management plan that documents compliance with the USDA, NRCS farm management standards has been submitted to the Department for review and approval.

14. Alteration of Watercourses. Alterations and relocations of watercourses, including stabilization projects, shall not degrade fish habitat and shall be subject to the following provisions:

a. Structures that cross all watercourse and water bodies shall meet fish habitat requirements of the Washington Department of Fish and Wildlife (WDFW).

b. Any culverts that are used on fish-bearing watercourses shall be arch/bottomless culverts or equivalent that provides comparable fish protection, and must meet fish habitat requirements of the latest edition of WDFW's Design Manual for Culverts.

c. Bridges or other crossings shall allow for uninterrupted downstream movement of wood and gravel, be as close to perpendicular to the watercourse as possible, and be designed to minimize fill and to pass the base flood flows.

d. Watercourse alterations shall maintain natural meander patterns, channel complexity, and floodplain connectivity. Where feasible, such characteristics shall be restored as part of the watercourse alteration.

e. The applicant shall identify the channel migration zone for the watercourse at the project site and for a reasonable reach upstream and downstream of the site, and shall not undertake actions as part of the alteration that would in any way inhibit movement of the channel.

f. Existing culverts that do not meet fish habitat requirements shall be removed or replaced as part of an approved watercourse alteration project.

g. Watercourse alteration projects shall not result in a fish blockage of side channels. Known fish barriers into side channels shall be removed as part of the approved watercourse alteration project.

h. For any watercourse alteration of a Type S or F water (pursuant to PCC 18E.40.060 B.) whose channel is subject to migration, bioengineered (soft) armoring of streambanks is required to allow for woody debris recruitment, gravels for spawning, and creation of side channels. The bioengineering technique used must be designed in accordance with the latest edition of WDFW's Integrated Streambank Protection Guidelines.

a. New activities adjacent to artificial channels – type FW are exempt from the buffering provisions of this Title.

b. Protection of these channels will be provided through compliance with all of the following:

(1) A 15-foot building setback shall be maintained from the ordinary high water mark or top of bank of the channel.

(2) Clearing and grading activities within the building setback shall comply with the requirements of subsection B.1 of this Section.

(3) A silt fence shall be installed along the outer edge of the developed area, which shall be no closer to the channel than the top of bank or ordinary high water mark.

c. The Department may also require the applicant to do any of the following:

(1) Post signs along the channel indicating the presence of the fish and wildlife habitat area. Sign design shall be established by the Department.

(2) Construct permanent fencing along the top of bank of the channel.

d. Any proposed channel alteration will require the submittal of a fish and wildlife application, as set forth in PCC 18E.40.030, and a habitat assessment report as defined within PCC 18E.40.070 – Appendix C.

16. Wildfire Defensible Space Activities. Within existing lots of record located in wildland areas, creation of a defensible space for protection against wildfire may be allowed in buffer areas located within 30 feet of dwellings, barns, and commercial-use buildings. These allowances do not apply to features such as swing sets, fences, dog houses, and other structures that can be easily relocated. The following defensible space activities may be allowed:

a. Tree limb removal. Where understory shrubs are present below the tree, removal shall follow the guidelines of PCC 18E.40.070 – Appendix F. Where understory shrubs are not present, tree limbs may be removed to a height of 10 feet above the ground;

b. Interruption of continuous shrub vegetation by selective thinning as defined within PCC 18E.40.070 – Appendix F;

c. Replacement of evergreen species with less flammable, native species as defined within PCC 18E.40.070 – Appendix F.

1. Habitat Protection. Oak woodlands, stands, and individual trees meeting the criteria set forth in PCC 18E.40.020 D. shall be protected as follows:

(1) Priority Oregon white oak woodlands shall be protected through inclusion within a conservation tract or alternative protective mechanism meeting the requirements set forth in PCC 18E.10.080 D. The tract shall extend a minimum of 5 feet beyond the outermost dripline of the trees within the woodland.

(2) A minimum of 80 percent of the Oregon white oak trees on site having a diameter at breast height of six inches or larger shall be preserved within the conservation tract.

(3) The conservation tract shall be maintained in an undisturbed state except for periodic watering, grass mowing of not more than four times per year, and hand removal of noxious or invasive plants, including conifer seedlings and saplings.

(4) No clearing, grading, filling, or construction of any kind shall occur within the conservation tract.

(5) Use of pesticides, herbicides, rodenticides, fungicides, or fertilizers in the conservation tract shall be prohibited.

(6) All oak snags and broken, diseased and dying oak trees and live oak trees with cavities, heartwood rot, and insect infestations shall be retained within the conservation tract.

(7) Downed or felled oak trees within the conservation tract shall be retained, provided that such trees may be selectively cut to further enhance habitat value.

(8) Top-cut (leave main trunk standing) selective oak trees in dense, even-aged oak stands to encourage oak regeneration and create oak snags. Select top-cut, prune, or limb these individual oaks between December and May. Very old or large oaks as defined in PCC 18E.40.020 D. shall not be removed.

(9) Conifers that encroach on oaks within a conservation tract may be removed.

(10) Plant Oregon white oak acorns and oak seedlings to encourage regeneration as necessary in conservation tracts.

(11) No unauthorized vehicles, construction materials, fuel, or other materials shall be allowed in the tree protection area.

(1) Significant Oaks. Seventy percent of all Oregon white oaks having a diameter at breast height of 20 inches or greater shall be preserved.

(2) Significant Oak Stands. A minimum of 50 percent of the Oregon white oak trees within the stand shall be preserved.

(3) Downed or felled oak trees and snags within significant oak stands shall be retained when located within a tract of land separate from individually owned lots.

(4) The largest of the significant trees on the site shall be preserved within a conservation tract. The remaining trees may be located within individually owned lots or a separate tract(s) at the discretion of the developer.

2. Protection of Trees During Construction. Trees conserved pursuant to this subsection shall be protected before and during site development and construction through adherence to the following requirements:

a. A tree protection area shall be designed to protect each tree or tree stand during site development and construction. Tree protection areas may vary widely in shape, but must extend a minimum of 5 feet beyond the existing tree canopy area along the outer edge of the dripline of the tree(s), unless otherwise approved by the Department.

b. Tree protection areas shall be added and clearly labeled on all applicable site development and construction drawings, submitted to the Department.

c. Temporary construction fencing at least 30 inches tall shall be erected around the perimeter of the tree protection areas prior to the initiation of any clearing or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction.

d. No clearing, grading, filling, or other development activities shall occur within the tree protection area, except where approved in advance by the Department and shown on the approved plans for the proposal.

e. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited.

f. No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention.

g. The Department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.

D. Submerged Aquatic Vegetation (SAV). Native eelgrass, kelp, and intertidal vascular plants shall be protected by maintaining an undisturbed area between regulated activities described in Table 18E.40.040-1 and the boundary of the bed. Limited activity may occur within the undisturbed area (i.e., foot traffic and temporary storage of materials associated with permitted activities). Table 18E.40.040-1 indicates the baseline undisturbed area width for each type of regulated activity. These widths may be adjusted by the Department during the review process to reflect site specific conditions, current research, and advances in technology.

Table 18E.40.040-1. Submerged Aquatic Vegetation
Regulated Activity	Required Undisturbed Area Widths*
Shellfish Aquaculture	16-feet
Fish Pens	300-feet
Docks and Floats	4-feet vertical separation or 25-feet horizontal separation, whichever is greater.
Other	A minimum separation of 25-feet shall be required for all other activities.
*Required undisturbed area widths do not apply to eelgrass that establishes naturally following commencement of approved aquaculture activities.

1. Regulated activities waterward of the ordinary high water mark (OHWM), in areas of confirmed spawning habitat, shall be suspended during spawning periods unless the applicant demonstrates that spawning is not occurring or approval is obtained from WDFW.

2. Regulated activities in areas where a survey demonstrates that no spawning is occurring are still subject to avoidance and minimization requirements of PCC 18E.40.050.

F. Standards for Other Critical Habitat Areas. Standards for critical habitat areas not listed in subsections A through E of this Section shall be administratively developed by the Department in consultation with the Washington Department of Fish and Wildlife (WDFW) and shall be based upon the needs of specific species or habitat area of study. The administrative standards shall be on file with the Department prior to implementation and made available to the public upon request. The Department shall utilize the published WDFW PHS management recommendations. An applicant may request that the Department consult directly with the WDFW on a project specific basis at any time prior to the issuance of the fish and wildlife habitat approval for the project. Once issued, the fish and wildlife habitat approval may be appealed following the procedures set forth in PCC 18E.10.090.