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A. Designation of Fish and Wildlife Habitat Conservation Areas. All areas within the city meeting one or more of the following criteria, regardless of any formal identification, are considered fish and wildlife habitat conservation areas and are hereby designated critical areas subject to the provisions of this chapter. For purposes of management and regulation, the shoreline water bodies and their associated buffers shall be considered critical areas. Fish and wildlife habitat conservation areas include:

1. Areas with Which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a 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 for current listing status.

b. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington State 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, and 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 for current listing status.

A combined list of federally and state identified species is included in Appendix D to the Critical Areas Assistance Handbook: Protecting Critical Areas within the Framework of the Growth Management Act, Washington State Department of Community, Trade and Economic Development, November 2003.

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 types 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, or herons.

A state list of priority habitats is included in Appendix E to the Critical Areas Assistance Handbook: Protecting Critical Areas within the Framework of the Growth Management Act, Washington State Department of Community, Trade and Economic Development, November 2003.

3. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

a. The city shall accept and consider nominations for habitat areas and species to be designated as locally important on an annual basis. Nominations shall be processed by the city as a Type IVA permit, in accordance with Chapter 11.04 BMC.

b. Habitats and species to be designated shall exhibit the following characteristics:

(1) Local populations of native species are in danger of extirpation based on existing trends:

(A) Local populations of native species that are likely to become endangered; or

(B) Local populations of native species that are vulnerable or declining;

(2) The species or habitat has recreation, commercial, game, tribal, or other special value;

(3) Long-term persistence of a species is dependent on the protection, maintenance, and/or restoration of the nominated habitat;

(4) Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the city; and

(5) Without protection, there is a likelihood that the species or habitat will be diminished over the long term.

c. Areas nominated to protect a particular habitat or species must represent either high-quality native habitat or habitat that has a high potential to recover to a suitable condition and which is of limited availability, highly vulnerable to alteration, or provides landscape connectivity which contributes to the integrity of the surrounding landscape.

d. Habitats and species may be nominated for designation by any person.

e. The nomination should indicate whether specific habitat features are to be protected (for example, nest sites, breeding areas, and nurseries), or whether the habitat or ecosystem is being nominated in its entirety.

f. The nomination may include management strategies for the species or habitats. Management strategies must be supported by the most current, available scientific and technical information, and where restoration of habitat is proposed, a specific plan for restoration must be provided prior to nomination.

g. The shoreline administrator shall determine whether the nomination proposal is complete, and if complete, shall evaluate it according to the characteristics enumerated in subsection (A)(3)(b) of this section and make a recommendation to the shorelines board based on those findings.

(1) The shorelines board shall hold a public hearing for proposals found to be complete in accordance with BMC Titles 11 and 12 and make a recommendation to the city council based on the characteristics enumerated in subsection (A)(3)(b) of this section.

(2) Following the recommendation of the shorelines board, the city council shall designate a habitat or species of local importance.

(3) Approved nominations will be subject to the provisions of this chapter.

4. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 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. 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.

5. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-030.

6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.

7. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the Washington State Department of Natural Resources.

B. Mapping. The approximate location and extent of habitat conservation areas are shown on the critical areas maps adopted by the city, as most recently updated. These 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. They are a reference and do not provide a final critical areas designation. The following critical areas maps are hereby adopted:

1. Washington State Department of Fish and Wildlife priority habitat and species maps;

2. Washington State Department of Natural Resources Natural Heritage Program mapping data;

3. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission;

4. Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps; and

5. City official habitat maps.

C. Additional Critical Areas Report Requirements. In addition to the general critical areas report requirements of BMC 13.13.010(O), critical areas reports for habitat conservation areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area.

1. Preparation by a Qualified Professional. A critical areas report for a habitat conservation area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat.

2. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for habitat conservation areas:

a. The project area of the proposed activity;

b. All habitat conservation areas and recommended buffers within 300 feet of the project area; and

c. All shoreline areas, floodplains, other critical areas, and related buffers within 300 feet of the project area.

3. Habitat Assessment. A habitat assessment is an investigation of the project area for fish or wildlife species or habitat. A critical areas report for a habitat conservation area shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:

a. Detailed description of vegetation on and adjacent to the project area and its associated buffer;

b. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

c. A discussion of any federal, state, or local special management recommendations, including Washington State Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality;

e. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with BMC 13.13.010(C), Mitigation Sequencing; and

f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.

4. Additional Information May Be Required. When appropriate due to the type of habitat or species present or the project area conditions, the shoreline administrator may also require the habitat management plan to include:

a. An evaluation by an independent qualified professional regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate;

b. A request for consultation with the Washington State Department of Fish and Wildlife or the local Native American Indian Tribe or other appropriate agency; and

c. Detailed surface and subsurface hydrologic features both on and adjacent to the site.

D. General Requirements.

1. Alterations. A habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. All new structures and land alterations shall be in accordance with this chapter.

2. Nonindigenous Species. 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. Domesticated animals may be kept, subject to the provisions of this chapter.

3. Mitigation and Contiguous Corridors. 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 areas 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.

4. Approvals of Activities. The shoreline administrator shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the most current, available scientific and technical information and may include, but are not limited to, the following:

a. Establishment of buffer zones (except as specifically identified in Chapter 13.13 BMC);

b. Preservation of critically important vegetation and/or habitat features such as snags and downed wood;

c. Limitation of access to the habitat area, including fencing to deter unauthorized access;

d. Seasonal restriction of construction activities;

e. Establishment of a duration and timetable for periodic review of mitigation activities;

f. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation; and/or

g. Application of herbicides and pesticides consistent with BMC 13.13.010(K)(3)(h).

5. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to habitat conservation areas 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.

6. Approvals and the Most Current, Available Scientific and Technical Information. Any approval of alterations or impacts to a habitat conservation area shall be supported by the most current, available scientific and technical information.

7. Buffers.

a. Establishment of Buffers. The shoreline administrator shall require the establishment of buffer areas for activities adjacent to habitat conservation areas to protect habitat conservation areas. Buffer dimensions for shoreline water bodies, other streams and wetlands are specified in these regulations. Buffers shall consist of an area established to protect the integrity, functions, and values of the affected habitat, but may also be modified and reduced to accommodate preferred uses when consistent with the SMA and this SMP, and when conducted so that no net loss of critical areas or shoreline ecological functions occurs. Habitat conservation areas and vegetated portions of their buffers shall be preserved in perpetuity through the use of critical areas tracts in accordance with BMC 13.13.010(U).

b. Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season.

c. Habitat Buffer Reduction. Buffers for shoreline water bodies and streams do not extend farther upland than the waterward edge of a legally established and improved roadway.

d. Habitat Buffer Averaging. The shoreline administrator may allow the recommended habitat area buffer width to be averaged in accordance with a critical areas report, the most current, available scientific and technical information, and the management recommendations issued by the Washington State Department of Fish and Wildlife, only if:

(1) It will not reduce stream or habitat functions;

(2) It will not adversely affect anadromous fish habitat;

(3) It will provide additional natural resource protection, such as buffer enhancement;

(4) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

(5) The buffer area width is not reduced by more than 25 percent in any location.

8. Signs and Fencing of Habitat Conservation Areas.

a. Temporary Markers. The outer perimeter of the habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and verified by the shoreline administrator prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

b. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the shoreline administrator may require that the applicant install permanent signs along the boundary of a habitat conservation area or buffer.

(1) Permanent signs shall be made of a metal face and attached to a metal post or another material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the shoreline administrator:

Habitat Conservation Area

Do Not Disturb

Contact City of Bothell

Regarding Uses and Restriction

(2) The provisions of subsection (D)(8)(a) of this section may be modified by the shoreline administrator as necessary to assure protection of sensitive features or wildlife.

c. Fencing.

(1) The shoreline administrator shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the shoreline administrator shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the habitat conservation area or buffer, when fencing will prevent future impacts to the habitat conservation area.

(2) The applicant shall be required to install a permanent fence around the habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site.

(3) Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts.

9. Subdivisions. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers is subject to the following:

a. Land that is located wholly within a habitat conservation area or its buffer may not be subdivided.

b. Land that is located partially within a habitat conservation area or its buffer may be divided; provided, that the developable portion of each new lot and its access is located outside of the habitat conservation area or its buffer and meets the minimum lot size requirements of BMC Title 12.

c. Access roads and utilities serving the proposed development may be permitted within the habitat conservation area and associated buffers only if the city determines that no other feasible alternative exists and when consistent with this chapter.

E. Specific Habitats.

1. Endangered, Threatened, and Sensitive Species.

a. 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, except that which is provided for by a management plan established by the Washington State Department of Fish and Wildlife or an applicable state or federal agency, or that which is necessary to accommodate preferred uses when consistent with the SMA and this SMP, and when conducted so that no net loss of critical areas or shoreline ecological functions occurs.

b. 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 areas report prepared by a qualified professional and approved by the city. The shoreline administrator may consult with the Washington State Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies.

c. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are proposed adjacent to a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional.

2. Anadromous Fish.

a. 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:

(1) Activities shall be timed to occur only during the allowable work window as designated by the Washington State Department of Fish and Wildlife for the applicable species;

(2) An alternative alignment or location for the activity is not feasible;

(3) The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas;

(4) Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical areas report; and

(5) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical areas report.

b. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically 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.

c. Fills, when authorized by this SMP, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use or as otherwise specified in BMC 13.11.070.

3. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in BMC 13.13.020. If nonwetlands habitat and wetlands are present at the same location, the provisions of this chapter or the wetlands chapter, whichever provides greater protection to the habitat, apply.

4. Stream Buffers. Stream buffer widths are applied to streams and shoreline water bodies within shoreline jurisdiction, as follows: standard buffers, decreased standard buffers, increased standard buffers, alternative buffers, and decreased alternative buffers. In addition, all use environments allow expansions of legal pre-existing structures provided no part of the expansion is closer to the OHWM than the closest point of the legal, pre-existing structure, except as allowed in subsection (E)(8) of this section, Alternative Buffer Widths. These buffers are applied based upon the following:

a. The standard stream buffer width, as delineated within Tables 13.13.060-1 and 13.13.060-2 and Figure 13.13.060-1, or as may be increased under subsection (E)(7) of this section, is applied as follows:

(1) All properties within the Natural, urban conservancy and marina environments;

(2) All proposed new development, and substantial redevelopment or alteration of legal pre-existing development where the cost of the alteration exceeds 50 percent of the assessed value of the existing development within the shoreline residential and high intensity environments.

b. Decreased standard stream buffer widths may be applied only in the shoreline residential and high intensity environments as provided under subsection (E)(6) of this section and Tables 13.13.060-1 and 13.13.060-2 and Figure 13.13.060-1.

c. Increased standard stream buffer widths may be applied in all environment designations as provided under subsection (E)(7) of this section.

d. Alternative stream buffer widths are applied only in the shoreline residential and high intensity environments on properties containing legal pre-existing developments where the actual existing buffer (alternative buffer) is less than the standard buffer required under Table 13.13.060-2 as provided under subsection (E)(8) of this section.

e. Decreased alternative buffer widths are applied only in the shoreline residential environment and only to legal pre-existing development pursuant to subsection (E)(9) of this section and as illustrated in Figure 13.13.060-1.

f. Expansions of legal pre-existing structures may be permitted subject to conditions as provided in subsection (E)(10) of this section.

Table 13.13.060-1. Activity Buffer Options

Activity

Environment Designation

Buffer Widths Possible

New development and substantial redevelopment

Natural

• Standard buffer width

• Increased buffer width

Urban conservancy

• Standard buffer width

• Increased buffer width

Marina

• Standard buffer width

• Increased buffer width

High intensity/high intensity-park

• Standard buffer width

• Increased buffer width

• Decreased standard buffer width

Shoreline residential

• Standard buffer width

• Increased buffer width

• Decreased standard buffer width

Legal pre-existing development

Natural

• Expansions (lateral) of legal pre-existing structures no closer to OHWM

Urban conservancy

• Expansions (lateral) of legal pre-existing structures no closer to OHWM

Marina

• Expansions (lateral) of legal pre-existing structures no closer to OHWM

High intensity/high intensity-park

• Alternative buffer width

• Expansions (lateral) of legal pre-existing structures no closer to OHWM

Shoreline residential

• Alternative buffer width

• Reduced alternative buffer width

• Expansions (lateral) of legal pre-existing structures no closer to OHWM

Fig. 13.13.060-1. Buffer Width Flow Chart

5. Standard Stream Buffer Widths. Standard stream buffer widths are shown in Table 13.13.060-2.

a. A stream buffer shall have the standard width recommended, unless a greater width is required pursuant to subsection (E)(7) of this section, or a lesser width is allowed pursuant to subsection (E)(6) of this section.

b. The standard buffer width applies to all properties in the Natural, urban conservancy, and marina environments.

c. Within properties designated as shoreline residential and high intensity, the standard buffer applies to:

(1) Proposed new development on a previously undeveloped site.

(2) Existing developed sites that are proposed to be redeveloped in full or where the cost of the alteration exceeds 50 percent of the assessed value of the existing development.

Table 13.13.060-2. Stream Buffer Widths1, 2

Stream Type

Standard Buffer Width

Type S; or shorelines of the state

High intensity/high intensity-park environment

100 feet3

Marina environment

15 feet

Shoreline residential environment

100 feet3

Urban conservancy environment

100 feet3

Natural environment

150 feet

Type F; or other salmonid-bearing streams

100 feet

Type Np; or other perennial, non-salmonid-bearing streams

75 feet

Type Ns; or other intermittent, non-salmonid-bearing streams

50 feet

Table Notes:

1While water typing is used here to classify riparian habitat areas, regulations regarding riparian habitat areas as listed above are applicable to aquatic systems containing perennial or intermittent flowing water. See the definition for riparian habitat. Habitats associated with standing water are regulated by the performance standards in this chapter.

2When environment designations are parallel, the buffer assigned to the waterward environment extends only to the upland edge of that environment. The buffer for the landward environment as measured from the OHWM would apply to uses and modifications in that upland environment.

3Except that the mainstem of North Creek located between 240th Street SE and 228th Street SE and all of Swamp Creek shall have a stream buffer width of 150 feet for all environment designations.

6. Decreased Standard Stream Buffer Widths.

a. As a means of increasing the ecological functions of shoreline and stream buffers that are determined to be degraded or adversely altered by past development or activities, new or substantial redevelopment may request buffer enhancement in exchange for a reduced buffer dimension pursuant to this subsection (E)(6). The critical areas report must include a site-specific assessment of the conditions that demonstrate an evaluation of the buffer as “degraded.”

b. Reduction of standard stream buffer widths are permitted only within properties with an environment designation of shoreline residential or high intensity/high intensity-park and only when the city characterizes the buffer as degraded as defined in Chapter 13.03 BMC.

c. If meeting the criteria in subsections (E)(6)(a) and (E)(6)(b) of this section, the standard buffer width may be reduced up to a maximum of 40 percent on Type S streams, and up to a maximum of 25 percent on Type F, Np or Ns streams, with the implementation of one or more of the buffer reduction options provided in Table 13.13.060-3. Buffer width reduction is measured perpendicular from the OHWM.

d. If the proposed buffer reduction results in loss of native trees or shrubs and the applicant is not proposing to utilize buffer reduction option 1, the applicant must provide replacement native trees and shrubs at a 2:1 ratio by number of impacted trees or shrubs in addition to meeting the requirements of the selected buffer reduction option.

e. Buffer averaging may be applied to reduced standard buffers consistent with subsection (E)(11) of this section, provided the buffer width is not reduced by more than an additional 10 percent in any one location and does not exceed the maximum reduction listed under subsection (E)(6)(c) of this section.

f. Measures identified in Table 13.13.060-3 may not be applied to buffer reduction if they are required by federal, state, or local regulations or are offered as mitigation for other actions or impacts.

g. Buffers shall be approved by the city’s shoreline administrator.

h. All developments proposing a reduction in the standard buffer width shall be fully consistent with the applicable provisions and standards of Chapters 13.07, 13.09, 13.11 and 13.13 BMC for the specific use, activity and development proposed.

Table 13.13.060-3. Buffer Reduction Options Applicable to SR and HI/HI-P Environments 

Buffer Reduction Option

Allowed Buffer Width Reductiona

Sammamish River

All Other Streams

1

Develop and implement a city-approved shoreline native vegetation enhancement plan that achieves the following:

• At least five trees (conifer or deciduous) per 100 linear feet of shoreline;

• Native trees and shrubs shall be planted along 80 percent by length of the water body frontage, at a planting density that will provide at least 60 percent areal tree and shrub coverage of the buffer enhancement area within three years of installation. Native groundcovers shall provide up to 30 percent areal coverage of the buffer enhancement area within three years of installation. Landscape plans shall demonstrate that the selected plantings have the ability to provide 100 percent coverage of the buffer enhancement area at vegetation maturity.

• Trees are placed to shade and/or overhang the watercourse.

• Vegetation enhancement is maintained for the duration of the use or facility.

1-foot reduction in buffer width for every two feet (measured perpendicular to the OHWM) of vegetation enhancement area whichever is less b, c

1-foot reduction in buffer width for every three feet (measured perpendicular to the OHWM) of vegetation enhancement area whichever is less b, c

The remaining 20 percent of water body frontage may be maintained for access to the water or to over-water structures as either lawn, native groundcover, pervious pathway, or other natural or pervious materials. The city may approve, on a case-by-case basis, enhancement plans that include the removal of terrestrial and aquatic invasive species; provided, that best management practices are taken to control erosion and minimize exposure of toxic materials.

Note: Vegetation installed in the buffer as required mitigation for a shoreline/stream bank stabilization or over-water structure proposal shall not be counted towards this mitigation option. See Figures 13.13.060-2a, 13.13.060-2b, 13.13.060-2c and 13.13.060-2d.

2

Remove an existing hard structural shoreline or stream bank stabilization measure located at, below, or within five feet landward of the OHWM along at least 75 percent of the linear water body frontage of the subject property, and restore to a natural or semi-natural state, including restoration of topography and substrate composition. Any upland areas disturbed by this option must be revegetated with native trees, shrubs and groundcovers. Assessment and design by a qualified professional, consistency with other SMP performance standards as appropriate (e.g., shoreline stabilization in BMC 13.11.150) and applicable state and federal permits are required. This option cannot be used in conjunction with Option 4 below. See Figures 13.13.060-3a and 13.13.060-3c.

40 percent reduction

40 percent reduction on North and Swamp Creeks, 25 percent on other streams

3

Existing hard structural shoreline or stream bank stabilization measures are set back from the OHWM more than five feet and are sloped at a maximum three vertical (v): one horizontal (h) angle to dissipate flows and increase the quality of aquatic habitat. Assessment and design by a qualified professional is required, and applicable state and/or federal permits may be required. See Figures 13.13.060-3b and 13.13.060-3c.

25 percent reduction

25 percent reduction

4

Install woody debris where doing so would provide significant improvement to in-stream habitat conditions. The material shall be sized and placed to remain stable in high flow conditions, and to enhance in-stream habitat conditions. Assessment and design by a qualified professional is required, and applicable state and/or federal permits may be required.

NA

20 percent reduction

5

For properties with existing docks, replace ramp decking and decking that is not immediately over floats with grated decking to allow light penetration to the water. Applicable state and/or federal permits may be required.

5 percent reduction

NA

6

Install low impact development facilities in locations where such facilities are not required by the Bothell design and construction standards. The facilities shall be designed to meet the requirements of the City of Bothell Surface Water Design Manual standards in effect at the time, and should be located outside of buffers except when retrofitting existing improvements inside of the buffer. These facilities include:

1 technique 5 percent

2 techniques 10 percent

3 techniques 20 percent

• Biofiltration/infiltration mechanisms (e.g., rain gardens, bioswales) in lieu of piped or surface discharge to the water body,

• Pervious material for 50 percent of all new pollution generating surfaces, such as driveways, parking or private roads, or replace 50 percent of existing pollution generating surfaces with pervious materials that allow water to pass through at rates similar to predeveloped conditions,

• Install oil-water separator(s) to remove hydrocarbons from parking areas, roads or driveways that would otherwise discharge storm water runoff to a water body without treatment.

7

Restore at least 20 percent of the gross lot area located outside of the buffer and any critical areas and their associated buffers as native vegetation. See Figure 13.13.060-4.

10 percent reduction

Table Notes:

aBuffer reduction measured perpendicular to the OHWM.

bMinimum enhancement area averaging 10 feet in width from the OHWM.

c For properties with existing native woody vegetation coverage greater than 50 percent by area of the applicable standard buffer, allowed buffer reduction widths will be commensurate with the amount of proposed shoreline enhancement as determined by the shoreline administrator.

7. Increased Stream Buffer Widths. Standard stream buffer widths shall be increased, as follows:

a. When the shoreline administrator determines that the standard 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 standard stream buffer width, the stream buffer shall extend to the outer edge of the frequently flooded area;

c. When the stream buffer is within an erosion or landslide hazard area, or buffer, the stream buffer width shall be the standard distance, or the erosion or landslide hazard area or buffer, whichever is greater.

8. Alternative Buffer Widths.

a. Alternative buffer widths apply only in the shoreline residential and high intensity environments on properties containing legal, pre-existing developments where the actual existing buffer (alternative buffer) is less than the standard buffer required under Table 13.13.060-2 and under the following conditions:

(1) Development that exists on or before February 6, 2013; and

(2) Development that retains a use in existence on or before February 6, 2013; and

(3) Development that is altered or remodeled to a level that is equal to or less than 50 percent of the existing development’s assessed value.

b. Alternative buffer dimensions:

(1) The buffer shall be equal to the distance between the ordinary high water mark and the original wall of the existing primary structure or development. The 15-foot building setbacks required under BMC 13.13.010(I) are not required to be established from alternative buffers. See Figure 13.13.060-5.

(2) When the buffer is transected by a legally established and improved roadway, the buffer edge shall extend to the waterward edge of the improved roadway footprint.

(3) Where an existing structure or development does not extend more than 50 percent of the width of the parcel, the alternative buffer only applies to that portion of the parcel on which the structure or development is found, and the standard buffer applies to the remainder.

c. Legal Status. The city of Bothell recognizes such development described in subsection (E)(8)(a) of this section as legal conforming structures and uses.

d. Widths shall be measured outward in each direction, on the horizontal plane, from the ordinary high water mark, or from the top of bank, if the ordinary high water mark cannot be identified.

9. Decreased Alternative Buffer Widths.

a. Reduction of alternative stream buffer widths is only permitted in the shoreline residential environment.

b. Developments in the shoreline residential environment may expand waterward up to 200 square feet into the alternative buffer area if all of the following conditions apply:

(1) When the existing condition is degraded;

(2) If no alternate location is available;

(3) Provided, that the edge of the expansion extends waterward no more than 12 feet or no closer than 35 feet from the OWHM, whichever is the greater distance from the OHWM; and

(4) If a compensation plan using buffer reduction options presented in Table 13.13.060-3 is prepared. See Figures 13.13.060-6a and 13.13.060-6b.

10. Lateral Expansions. Lateral expansions of legal pre-existing structures that are located between the upland edge of the standard and alternative buffers or within the standard buffer when the alternative buffer is not applicable may be allowed as follows:

a. Expansions are limited to extensions adding no more than 25 percent of the length of the original wall as it existed prior to SMP adoption, subject to other applicable requirements of this SMP and other city development regulations.

b. Enlargement of that portion of the building footprint located within the buffer shall not exceed 25 percent of the gross floor area of the structure as it existed prior to SMP adoption.

c. The addition shall not protrude any further waterward than original wall closest to the OHWM. See Figure 13.13.060-7a.

d. Lateral expansions that result in an increase in impervious surface must be mitigated with native vegetation plantings in the stream buffer as close to the water body as feasible and at a 3:1 ratio by area, including replacement of removed trees with native trees at a 3:1 ratio. See Figure 13.13.060-7b for an illustration.

11. Stream Buffer Width Averaging. The shoreline administrator may allow the standard stream buffer width to be reduced through buffer averaging in accordance with a critical areas report only if:

a. The width reduction will not reduce stream or habitat functions, including those of non-fish 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 stream buffer of each stream on the development proposal site is not decreased;

e. The standard stream buffer width is not reduced by more than 40 percent in any one location for shoreline residential and high intensity/high intensity-park environment designations and 25 percent for any other shoreline environments;

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

g. The reduced stream buffer width is supported by the most current, available scientific and technical information.

12. Allowed Activities within Shorelines, Streams, and Shoreline and Stream Buffers. The following specific activities may be permitted within shoreline water bodies, streams or associated buffers when the activity complies with other provisions set forth in this SMP and subject to the standards of this subsection. The standards that provide the most protection to protected habitat and species shall apply.

a. Clearing and Grading. When clearing and grading is permitted as part of an authorized activity or as otherwise allowed in these standards and BMC 13.09.030, Shoreline vegetation conservation, the following shall apply:

(1) 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, that the city may extend or shorten the dry season on a case-by-case basis, determined on actual weather conditions.

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

(3) 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.

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

(5) Erosion and sediment control that meets or exceeds the standards set forth in the Bothell SMP shall be provided.

b. Streambank Stabilization. Streambank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bio-engineering or soft armoring techniques in accordance with an approved critical areas report and pursuant to BMC 13.11.150, Shoreline stabilization, for Type S waters.

c. Roads, Bridges, and Rights-of-Way. Construction of roadways, and minor road bridging, less than or equal to 30 feet wide, may be permitted in accordance with an approved critical areas report subject to BMC 13.11.160, Transportation, for Type S waters, all other provisions of this SMP, and the following standards:

(1) There is no other feasible alternative route with less impact on the environment;

(2) The crossing minimizes interruption of downstream movement of wood and gravel;

(3) Roads in riparian habitat areas or their buffers shall not run parallel to the water body;

(4) Crossings, where necessary, shall only occur as near to perpendicular with the water body as possible;

(5) Mitigation for impacts is provided pursuant to a mitigation plan of an approved critical areas report; and

(6) Road bridges are designed according to the Washington State Department of Fish and Wildlife Design of Road Culverts for Fish Passage, 2003, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2001.

d. Trails. Trails are preferred in the outer 25 percent of the buffer. Parallel portions of trails may be constructed closer to the aquatic area if the trail can be constructed without significant vegetation removal or is located on previously disturbed rights-of-way, access and/or utility easements and legally altered sites. Viewing platforms and crossings are allowed in buffers, provided they are also located to avoid significant vegetation removal. All impacts must be mitigated pursuant to a city-approved mitigation plan that is submitted with a critical areas report. Trails and associated viewing platforms shall be made of permeable materials except for regional trail facilities such as the Burke-Gilman, North Creek, and other regional trails.

e. Private Pathways. Residential development may have a pervious pathway to access the water’s edge or any over-water structures. The pathway must be no wider than five feet, and shall be sited to avoid and minimize removal of trees and shrubs. Tree and shrub removal must be mitigated with planting of native species at a 1:1 ratio in the buffer.

f. Utility Facilities. New utility lines and facilities may be permitted to cross watercourses in accordance with an approved critical areas report, if they comply with BMC 13.11.160, Transportation, for Type S waters, all other provisions of this SMP, and the following standards:

(1) Fish and wildlife habitat areas shall be avoided to the maximum extent possible;

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

(3) The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible;

(4) Crossings shall be contained within the footprint of an existing road or utility crossing where possible;

(5) The utility route shall avoid paralleling the stream or following a down-valley course near the channel; and

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

g. 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 areas report and the approval of a federal biological assessment by the federal agency responsible for reviewing actions related to a federally listed species. Flood protection measures along Type S waters are also subject to the provisions of BMC 13.09.060, Flood hazard reduction.

h. 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. In-stream structures on Type S waters are also subject to the provisions of BMC 13.11.100, In-stream structures.

i. Storm Water Conveyance Facilities. Conveyance structures may be permitted in accordance with an approved critical areas report subject to the following standards:

(1) No other feasible alternatives with less impact exist;

(2) Mitigation for impacts is provided;

(3) Storm water conveyance facilities shall incorporate fish habitat features; and

(4) 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.

j. On-Site Sewage Systems and Wells.

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

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

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

(B) 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 King or Snohomish County health district (as applicable); or

(C) Repair to the existing on-site septic system.

k. Water-dependent uses and developments, including accessories, may be allowed in shoreline buffers as follows, provided the project is designed to result in no net loss of ecological functions, and all adverse impacts shall be mitigated:

(1) Consistent with the use allowances for each environment designation, water-dependent uses and activities may be located at the water’s edge, or as prescribed by conditions stipulated within a permit.

(2) Water-oriented accessory uses and developments associated with a water-dependent use that locate in a shoreline buffer should be located to avoid significant vegetation removal and shall minimize impervious areas.

(3) Other water-oriented accessory uses, developments and activities may be located in the shoreline buffer if a location in the buffer is necessary for operation of the water-dependent use or activity (e.g., a road to a boat launch).

l. Water-related and water-enjoyment public access and public recreation facilities and their accessory uses and developments may be located in the shoreline buffer consistent with the use allowances for each environment designation and the following standards:

(1) Uses and facilities shall be located to avoid or minimize significant vegetation removal;

(2) Uses and facilities shall minimize impervious areas;

(3) Uses and facilities shall be designed to result in no net loss of ecological functions; and

(4) Any adverse impacts shall be mitigated.

m. New minor structures, such as play structures, picnic tables and benches, and sheds, excluding accessory dwelling units, may be located waterward of the shoreline buffer, provided all of the following criteria are met:

(1) The maximum total footprint is not more than 200 square feet;

(2) The maximum height is not more than 10 feet;

(3) The structure is located outside of wetlands, streams, other ecologically sensitive areas and their associated buffers;

(4) Trees or any native vegetation are not removed or adversely impacted by the structure; and

(5) The structure does not require a permanent foundation.

See illustration on Figure 13.13.060-8.

Fig. 13.13.060-2a. Buffer Reduction Option: Sammamish River – Plan View: Vegetation Enhancement

Fig. 13.13.060-2b. Buffer Reduction Option: Vegetation Enhancement Sammamish River – Cross Section

Fig. 13.13.060-2c. Buffer Reduction Option: Vegetation Enhancement Sammamish River – Cross Section

Fig. 13.13.060-2d. Buffer Reduction Option: Vegetation Enhancement All Other Streams – Cross Section

Fig. 13.13.060-3a. Buffer Reduction Option: Replace Hard Structural Stabilization with Soft Stabilization

Fig. 13.13.060-3b. Buffer Reduction Option: Set Back Hard Structural Stabilization Five Feet from OHWM

Fig. 13.13.060-3c. Photos of North Creek Soft Shoreline Stabilization

Fig. 13.13.060-4. Restore Area outside of Buffer

Fig. 13.13.060-5. Measurement of Alternative Buffer – SR and HI Use Environments

Fig. 13.13.060-6a. Alternative Buffer Reduction – SR Use Environment

Fig. 13.13.060-6b. Alternative Buffer Reduction – SR Use Environment – Elevation

Fig. 13.13.060-7a. Expansion Illustrations

Fig. 13.13.060-7b. Illustration of Vegetation Required for Lateral Expansion of Legal Pre-Existing Building

Fig. 13.13.060-8. Example Accessory Structure Illustration

(Ord. 2112 § 3 (Exh. C), 2013).