11.50.120 Fish and wildlife habitat conservation areas.
(a) Classification. Fish and wildlife conservation areas include:
(1) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;
(2) Habitats of local importance, including but not limited to areas designated as priority habitat by the Washington Department of Fish and Wildlife;
(3) Naturally occurring ponds under twenty 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;
(4) Waters of the state, including lakes, rivers, ponds, streams, and inland waters;
(5) Underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington; and
(6) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
"Fish and wildlife conservation areas" does not include such artificial features or constructs as irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
(b) Mapping. The following maps and data are hereby adopted and are available from the city and/or the listed governmental agency:
(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) Anadromous and resident salmonid distribution maps published by the Department of Fish and Wildlife salmonid stock inventory; and
(4) City of Selah waterways and wetlands and flood hazard maps – city of Selah comprehensive plan natural systems element.
The above maps are to be used as a guide for the city, project applicants, and/or property owners and should be continuously updated as new critical areas are identified. The above maps are a reference and do not provide a final critical area designation.
(c) Standards. In addition to the general provisions of this section and the requirements of the underlying zoning district, the following minimum standards shall apply to development activities within and adjacent to fish and wildlife habitat conservation areas:
(1) Critical area reports for fish and wildlife habitat conservation areas shall include a habitat assessment to evaluate the presence or absence of a potential critical species or habitat;
(2) The Washington State Department of Fish and Wildlife priority habitat and species management recommendations shall be consulted in developing specific measures to protect a specific project site;
(3) All projects shall comply with the applicable federal, state and local regulations regarding the species and habitats identified upon a site;
(4) Establishment of Buffers. When needed to protect the functions and values of habitat conservation areas, the planning official shall require the establishment of buffer areas for activities in or adjacent to such areas. Buffers shall consist of an undisturbed area of natural vegetation, or areas identified for restoration. Buffer widths shall reflect the sensitivity of the habitat and the intensity of activity proposed, and shall be consistent with the management recommendations issued by the Washington State Department of Fish and Wildlife;
(5) As determined through the site-specific study, mitigation measures shall be implemented that maintain the baseline populations and reproduction rates for the particular species; and
(6) As determined through the site-specific study, appropriate habitat conservation, management and monitoring plan(s) shall be developed and implemented, with any necessary surety to ensure compliance with such plan(s) being provided as described in this chapter. (Ord. 2124, § 2 (Att.), 2021.)