Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.020 Fish and Wildlife Conservation Areas

1. A habitat management plan shall be prepared for regulated uses or other uses and activities that are located in a fish and wildlife habitat conservation area or within one-quarter mile of a priority species den or nest site, if it is determined by the director that the proposal is likely to have a significant adverse impact on the priority habitat or species described in this chapter. Maps of the fish and wildlife habitat conservation areas and priority species point locations (den or nest sites) are maintained in the City's planning services department. A habitat management plan shall also be developed for "Regulated Uses and Activities", described in SMC 17E.020.050(B)(2)(g), (h), (i), (j), (k), (l) and (m). Except for the "Regulated Uses and Activities" described in SMC 17E.020.050(B)(2)(g) and (h), the determination of a need for a habitat management plan shall be made by the director, in consultation with the Washington State department of fish and wildlife or other qualified authority, as may be determined by the director.

2. The habitat management plan shall identify any potential adverse impacts to any RHA, which could occur from or be caused by the proposed use or activity, and propose mitigation, restoration, remediation, reclamation, substitution or enhancement measures, plans or programs that would avoid adverse impacts to any RHA and satisfy the purpose and objectives of this chapter. The Management Recommendations for Washington's Priority Species or as amended, and consultation with a habitat biologist with the Washington State department of fish and wildlife shall be the basis for the report.

3. The habitat management plan shall be prepared by a qualified biologist, shall be approved in writing by the director and shall contain, but not be limited to, the following information:

1. 1. A map(s) prepared at an easily readable scale that identifies:

1. 2. the location of the proposed site;

1. 3. the relationship of the site to surrounding topographic and built elements;

1. 4. the nature and intensity of the proposed use or activity;

1. 5. proposed improvement(s) locations and arrangements;

1. 6. the location of high water mark, SMA, SMP and RHA boundary lines;

1. 7. a legend that includes:

1. a complete and accurate legal description. The description shall include the total acreage of the parcel;

2. title, scale and north arrow;

3. date;

4. certification by a licensed surveyor or civil engineer;

1. 8. existing structures and landscape features including the name and location of all water bodies within three hundred feet of the proposal;

1. 9. the location of priority habitat types or priority species point locations within feet of proposal;

1. 10. a report, prepared by a qualified biologist that contains:

1. a description of the nature, density and intensity of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat;

2. an analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats, identified within the priority habitat and species program as defined in this chapter;

3. a plan, certified by a qualified biologist, that explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity. Mitigation, restoration, reclamation, remediation and replacement measures within the plan may include, but are not limited to:

1. establishment of perpetual buffer areas;

2. preservation and/or restoration of native flora;

3. limitation of access to habitat area;

4. seasonal restriction of construction activities;

5. clustering of development and preservation of open space;

6. signs marking habitats or habitat buffer areas;

7. recorded deed, plat, binding site plan or PUD covenant, condition or restriction legally establishing RHA for subject property;

8. conservation or preservation easements;

9. dedication or conveyance of title of a RHA to a public entity for the purpose of conservation;

4. review comments by a habitat biologist from the Washington State department of fish and wildlife (WDFW). If the habitat management plan recommends mitigation involving federally listed threatened or endangered species, migratory waterfowl, or wetlands, the U.S. fish and wildlife service shall receive a copy of the draft habitat management plan and their review comments shall be included in the final report. The Washington State department of fish and wildlife and, if required, the U.S. fish and wildlife service shall respond in writing to the director with review comments or a request for additional information within twenty-eight days from the date of receipt of a draft habitat management plan. If review comments or a request for additional information is not received in the prescribed time frame, the state and/or federal review comments on the habitat management plan shall not be required. The director shall have the authority to approve habitat management plans or require additional information.

4. Structural Setbacks from Buffers.

Unless otherwise provided, buildings and other accessory structures shall be set back a distance of ten feet from the edges of all delineated critical area buffers protecting fish and wildlife habitat conservation and wetland protection areas. The director may reduce the structural setback limit by up to five feet if construction, operation and maintenance of the building do not create a risk of negative impacts on the adjacent buffer area. Approval of a reduction of the structural setback from the buffer line shall be provided in writing by the director. The following uses may be allowed in the structural setback area:

1. 1. Landscaping.

1. 2. Uncovered decks.

1. 3. Roof eaves and overhangs, maximum of twenty-four inches.

1. 4. Pervious unroofed stairways and steps.

1. 5. Impervious ground surfaces, such as driveways and patios.

Date Passed: Monday, December 3, 2007

Effective Date: Sunday, January 6, 2008

ORD C34147 Section 6