22.08.030 Critical areas.
A. Policies.
1. Critical areas that are within the shoreline jurisdiction are to be protected and managed in such a manner that the result of any use activity or development is no net loss of shoreline ecological function, and is in accordance with the standards and requirements within this title.
2. Critical areas within the shoreline jurisdiction should be protected and restored by integrating the full spectrum of planning and regulatory measures, including the comprehensive plan, inter-local watershed plans, local development regulations, and state, tribal, and federal programs.
3. The city should protect critical areas and their existing shoreline ecological functions so that they continue to contribute to existing ecosystem-wide processes.
4. The city and other special interest groups, organizations or nonprofit entities should restore and enhance degraded critical areas as separate restoration projects to improve existing shoreline ecological functions and ecosystem-wide processes, where feasible and appropriate.
5. The city should promote uses and values that are compatible with the other objectives of this section, such as public access and native vegetation management, provided they do not significantly adversely impact shoreline ecological functions.
B. Regulations.
1. For development within critical areas or their associated buffers within the shoreline jurisdiction, the following standards shall apply:
a. Development within critical areas shall result in a no net loss of ecological function;
b. Development shall adhere to the applicable requirements within this title;
c. Development proposals shall adhere to the applicable submittal requirements as specified in Chapter 22.06 BMC;
d. Development shall include the requirements for mitigation sequencing as specified in BMC 22.08.020, Mitigation sequencing;
e. Where mitigation is required, the applicable mitigation report submittal requirements as specified in Chapter 22.06 BMC shall apply; and
f. Development within two or more critical area types shall be required to adhere to the standards that are the most protective of the ecological function of the subject shoreline or critical area.
2. Endangered, Threatened, and Sensitive Species.
a. Whenever activities are proposed within or 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 approved by the city.
b. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). The city 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.
c. Whenever activities are proposed within or adjacent to a designated habitat of local significance or that may likely adversely affect a designated species of local importance (each category designated by city council per ordinance), such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the city.
3. 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 standards within this program.
4. 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.
5. 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.
6. Mitigation of alterations to critical areas and buffers 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. [Ord. 2013-02-005 § 2 (Exh. 1)].