16.55.490 Performance standards – General requirements.
A. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval.
B. Mitigation and Contiguous Corridors. Mitigation sites shall be located to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved 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.
C. Approval of Activities. The director shall condition approvals of activities allowed within or adjacent to a habitat conservation area and 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.
D. Mitigation and Equivalent or Greater Biological Functions. Mitigation for alterations to 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.
E. Approvals and the Best Available Science. Any approval of alterations or impacts to a habitat conservation area shall be supported by the best available science.
F. Buffers.
1. Establishment of Buffers. The director shall require the establishment of buffer areas for activities adjacent to habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation or areas identified for restoration established to protect the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby.
2. 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.
3. Habitat Buffer Averaging. The director may allow the recommended habitat area buffer width to be reduced in accordance with a critical area report and the best available science only if:
a. It will not reduce stream or habitat functions;
b. It will not adversely affect salmonid habitat;
c. It will provide additional natural resource protection, such as buffer enhancement; and
d. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer.
4. All land and shoreline uses, development, occupancy, and critical area resource management of any kind shall comply with the provisions of the city of Bellingham shoreline master program (SMP). The SMP shall establish all permitted uses adjacent to, and critical area buffers and setbacks from, the ordinary high water mark of marine waters and Lake Whatcom and Lake Padden. [Ord. 2016-02-005 § 32; Ord. 2008-04-036; Ord. 2005-11-092].