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A. This chapter shall apply to all lots or parcels on which habitat conservation areas are located within the jurisdiction of the city of Lacey.

B. Fish and wildlife habitat conservation areas include:

1. Areas with which state or federally designated endangered, threatened, and sensitive species have primary association.

a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

b. State designated endangered, threatened, and sensitive species native to the state of Washington identified by the Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered, or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, sensitive species are periodically recorded in WAC 232-12-014 (state endangered species), and WAC 232-12-011 (state threatened and sensitive species). The state Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status;

2. State priority habitats and areas associated with state priority species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat areas or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife;

3. Habitat and species of local importance. Habitats and species of local importance are those identified by the city of Lacey, including those that possess unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators;

4. Kelp and eelgrass beds, and herring, smelt and other forage fish spawning areas;

5. Naturally occurring ponds under twenty acres. Naturally occurring ponds are those 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, if permitted by a regulatory agency. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation;

6. Waters of the state. Waters of the state includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-030 or 222-16-031 depending upon the classification used;

7. Type S, F, Np, and Ns waters as designated by the State Department of Natural Resources. Type S, F, Np, and Ns waters are those water bodies designated by the Department of Natural Resources stream typing pursuant to WAC 222-13-030;

8. State natural area preserves and natural resource conservation areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the state Department of Natural Resources;

9. Land essential for preserving connections between habitat blocks and open spaces; and

10. Riparian ecosystems including salmonid habitat, which includes marine nearshore areas.

Fish and wildlife habitat conservation areas do not include artificial features or constructs such as irrigation delivery systems, 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.

C. All areas within the city of Lacey meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title.

The approximate location and extent of habitat conservation areas in the city of Lacey is shown in maps provided in the city of Lacey Environmental Protection and Resource Conservation Plan and on the city zoning map. The city Environmental Protection and Resource Conservation Plan maps and zoning maps are to be used as a guide to the general location and extent of habitat conservation areas. Other maps to be used to identify these areas include the following:

1. Department of Fish and Wildlife Priority Habitat and Species Maps;

2. Department of Natural Resources Official Water Type Reference Maps, as amended;

3. Department of Natural Resources Puget Sound Intertidal Habitat Inventory Maps;

4. Department of Natural Resources Shorezone Inventory;

5. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors;

6. Reports published by the Washington Conservation Commission; and

7. Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area Maps.

Habitat conservation areas not shown on the maps are presumed to exist in the city of Lacey and are protected under all the provisions of this chapter. In the event that any of the habitat conservation area designations shown on the maps conflict with the criteria set forth in this chapter, the criteria shall control. (Ord. 1505 §21, 2017; Ord. 1215 §21, 2003; Ord. 935 §9 (part), 1992).