14.33.117 Performance standards for specific habitats

14.33.117 Performance standards for specific habitats.

1. No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association.

2. Whenever activities are proposed 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 habitat biologist and approved by the city. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Department of Fish and Wildlife and the appropriate federal agency.

a. Development activities near bald eagle habitat shall be carried out consistent with the National Bald Eagle Management Guidelines.

b. Activities that may potentially impact bald eagle habitat shall complete the USFWS’s self-certification process to determine if a permit from USFWS is required. If the self-certification process determines that a permit is needed, then a permit will be required. Mitigating actions identified in the self-certification process will also be required to be completed to protect bald eagles and their habitat. The applicant will be required to demonstrate that either they don’t need a USFWS permit via self-certification or if a USFWS permit is required, that the permit has been obtained.

1. 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 following standards:

a. Activities shall be timed to occur only during the allowable work window as designated by the Department of Fish and Wildlife for the applicable species;

b. An alternative alignment or location for the activity is not feasible;

c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; and

d. Any impacts to the functions and values of the habitat conservation area are mitigated in accordance with an approved critical area report.

2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.

3. Fills may only intrude into water bodies used by anadromous fish when consistent with the Lacey shoreline master program and the applicant demonstrates that the fill is for a water-dependent use that is in the public interest.

C. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall, at a minimum, conform to the wetland development performance standards set forth in LMC Title 14.28 (Wetlands Protection).

D. Riparian Habitat Areas. Unless otherwise allowed in this title, all structures and activities shall be located outside of the riparian habitat area.

1. Establishment of Riparian Habitat Areas. Riparian habitat areas shall be established for habitats that include aquatic systems.

2. Riparian Habitat Area Widths. Recommended riparian habitat area widths are shown in the table below. A riparian habitat area shall have the width recommended, unless a greater width is required pursuant to subsection (D)(3) of this section, or a lesser width is allowed pursuant to subsection (D)(4) of this section. Widths shall be measured outward, on the horizontal plane, from the ordinary high water mark or from the top of the bank if the ordinary high water mark cannot be identified. Riparian areas should be sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which include but are not limited to protection of in stream fish habitat through control of temperature and sedimentation in streams; preservation of fish and wildlife habitat; and connection of riparian wildlife habitat to other habitats.

Table of Riparian Habitat Area Widths
Type S streams	250 feet
Type F streams	200 feet
Type Np streams	150 feet
Type Ns streams	150 feet

3. All developments and uses proposed for lands bordering Woodland Creek shall be required to maintain a minimum two hundred foot in depth natural buffer from the ordinary high water mark on both sides of the creek. Within the buffer area, no development or use shall be permitted except for natural open spaces, trails, passive recreational activities, streets and utility services. Stormwater runoff directed to Woodland Creek shall be pretreated to mitigate water quality impacts as approved by the city.

4. Increased Riparian Habitat Area Widths. The recommended riparian habitat area widths shall be increased as follows:

a. When the Lacey site plan review committee determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area;

b. When the frequently flooded area exceeds the recommended riparian habitat area width, the riparian habitat area shall extend to the outer edge of the frequently flooded area;

c. When the channel migration zone exceeds the recommended riparian habitat area width, the riparian habitat area shall extend to the outer edge of the channel migration zone;

d. When the habitat area is in an area of high blowdown potential, the riparian habitat area shall be expanded an additional fifty feet on the windward side; and

e. When the habitat area is within an erosion or landslide hazard area, or buffer, the riparian habitat area shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater.

5. Riparian habitat area width averaging. The city may allow the recommended riparian habitat area width to be reduced in accordance with a critical area report only if all of the following requirements are satisfied:

a. The width reduction will not reduce stream or habitat functions including those of nonfish habitat;

b. The width reduction will not degrade the habitat, including habitat for anadromous fish;

c. The proposal will provide additional habitat protection;

d. The total area contained in the riparian habitat area of each stream on the development proposal site is not decreased;

e. The recommended riparian habitat area width is not reduced by more than fifty percent in any one location;

f. The recommended riparian habitat area width is not reduced to less than seventy-five feet;

g. The width reduction will not be located within another critical area or associated buffer;

h. The reduced riparian habitat area width is supported by best available science;

i. All undeveloped lands within total area will be left undeveloped in perpetuity by covenant, deed restriction, easement or other legally binding mechanism;

j. The buffer averaging plan shall be conducted in consultation with a qualified biologist and the plan shall be submitted to the Washington Department of Fish and Wildlife for comment; and

k. The Site Plan Review Committee shall use the recommendations of the qualified experts in making its decision on a plan that uses buffer width averaging.

6. Riparian Habitat Mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in equivalent functions and values, on a per function basis, and be located in the same sub-drainage basin as the habitat impacted.

7. Alternative Mitigation for Riparian Habitat Areas. The requirements set forth in this section may be modified at the city’s discretion if the applicant demonstrates that greater habitat functions, on a per function basis, can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures.

E. Riparian Habitat Areas, Ponds, Lakes, Waters of the State, and Marine Habitat. The following specific activities may be permitted within a riparian habitat area, pond, lake, water of the state, marine habitat or associated buffer when the activity complies with the provisions set forth in the Lacey shoreline management program and subject to the following standards:

1. Clearing and Grading. When clearing and grading is permitted as part of an authorized 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 the city may extend or shorten the dry season on a case by case basis, determined on actual weather conditions.

b. Filling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of an approved wetland alteration.

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 area.

d. The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or re-establishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces.

e. Erosion and sediment control that meets or exceeds the standards set forth in the Lacey Development Guidelines and Public Works Standards shall be provided.

2. Shoreline Erosion Control Measures. New replacement, or substantially improved, shoreline erosion control measures may be permitted in accordance with an approved area report that demonstrates the following:

a. Natural shoreline processes will be maintained. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within one-quarter mile of the project area.

b. The shoreline erosion control measures will not degrade fish or wildlife habitat conservation areas or associated wetlands.

c. Adequate mitigation measures ensure that there is no net loss of the functions or values of intertidal habitat or riparian habitat as a result of the proposed shoreline erosion control measures.

d. The proposed shoreline erosion control measures do not result in alteration of intertidal migration corridors.

3. Stream-bank stabilization to protect new structures from future stabilization is achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report.

4. Launching Ramps--Public or Private. Launching ramps may be permitted in accordance with an approved critical area report that has demonstrated the following:

a. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within one-quarter mile of the site;

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

c. Adequate mitigation measures ensure that there is no net loss of the functions or values of intertidal habitat or riparian habitat as a result of the ramp; and

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

5. Docks. Repair and maintenance of an existing dock or pier may be permitted in accordance with an approved critical area report subject to the following:

a. There is no increase in the use of materials creating shade for predator species or eelgrass;

b. There is no expansion in over-water coverage;

c. There is no new spanning of waters between three and thirteen feet deep;

d. There is no increase in the size and number of pilings; and

e. There is no use of toxic materials, such as creosote, that come in contact with the water.

6. Roads, Trails, Bridges, and Rights-of-Way. Construction of trails, roadways, and minor road bridging, less than or equal to thirty feet wide, may be permitted in accordance with an approved critical area report subject to the following standards:

a. There is no other feasible alternative route with less impact on the environment;

b. The crossing minimizes interruption of downstream movement of wood and gravel;

c. Mitigation for impacts is provided pursuant to a mitigation plan of an approved critical area report;

d. Road bridges are designed according to the Department of Fish and Wildlife Fish Passage Design at Road Culverts, 2003, as amended, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2010 as amended; and

e. Trails and associated viewing platforms shall not be made of continuous impervious materials.

7. Utility Facilities. New utility lines and facilities may be permitted to cross watercourses in accordance with an approved critical area report if they comply with the following standards:

a. Fish and wildlife habitat areas shall be avoided to the maximum extent possible;

b. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone, where feasible;

c. The utilities shall cross at an angle greater than sixty degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible;

d. Crossings shall be contained within the footprint of an existing road or utility crossing where possible;

e. The utility route shall not parallel the stream, or locate in adjacent ravines; and

f. The utility installation shall not increase or decrease the natural rate of shore migration or channel migration.

8. Public Flood Protection Measures. New public flood protection measures and expansion of existing ones may be permitted, subject to the city’s review and approval of a critical area report, and the approval of a federal biological assessment, by the federal agency responsible for reviewing actions related to a federally listed species.

9. In-Stream Structures. In-stream structures, such as, but not limited to, high flow bypasses, sediment ponds, in-stream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed only as part of an approved watershed basin restoration project approved by the city 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 habitat conservation areas.

10. Stormwater Conveyance Facilities. Conveyance structures may be permitted in accordance with an approved critical area report 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; and

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.

a. New on-site sewage systems and individual wells may be permitted in accordance with an approved critical area report only if accessory to an approved residential structure, for which it is not feasible to connect to a public sanitary sewer system.

b. Repairs to failing on-site systems associated with an existing structure shall be accomplished by utilizing one of the following methods that result in the least impact:

(1) Connection to an available public sanitary sewer system;

(2) 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 Thurston County Health Department; or

(3) Repair to the existing on-site septic system. (Ord. 1505 §25, 2017; Ord. 1215 §28, 2003).