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Chapter 14.04 CRITICAL AREA REGULATIONS

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1Distance of 300 feet is based on maximum recommended riparian habitat area width from the Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats: Riparian, 1997.

2Distance of 200 feet is a suggested distance to ensure that activities within the critical area recharge area are included under this chapter, even when the exact boundaries of the critical aquifer recharge area are not known at the time of application.

4See WAC 173-26-020(34).

5See Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats – Riparian, 1997, page 4.

6See RCW 90.84.010(9).

7See RCW 36.70A.020(12).

8Distance of 2,640 feet is based on the Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Species, Volume IV: Birds, 2000.

9Distance of 300 feet is based on maximum recommended riparian habitat area width from Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats: Riparian, 1997.

10Distance of 200 feet is a suggested distance to ensure that activities within the critical aquifer recharge area are included under the application of this chapter, even when the exact boundaries of the critical aquifer recharge area are not known at the time of application.

11See RCW 36.70A.172(1).

12Jurisdictions are advised to include a reference to locally adopted lists of invasive and noxious weeds. Sometimes these are adopted at the county level.

13More information on commercial and residential use of chemicals can be found in the Washington State Department of Ecology’s Guidance Document for Establishment of Critical Aquifer Recharges Areas Ordinances, Version 3.0, Publication No. 97-30; and from the Washington State Department of Agriculture, http://agr.wa.gov/.

14Primary protection of the critical area should be accomplished through the designation of a sufficiently wide buffer area based on science and site-specific conditions, not by adhering to the building setback shown here. The building setback distance is intended to provide adequate room for construction, use, and access without infringing upon the critical area or buffer. Fifteen feet is a commonly required setback distance from critical areas and buffers; a larger setback may be appropriate is some instances. Jurisdictions should consider revisions to their land use codes so that typical setbacks are measured from the critical area or buffer. For example, if a residential zone requires 30-foot rear yards, that setback should generally be measured from the critical area buffer.

15See WAC 365-190-080(1)(a).

16Critical area reports should consider wetlands and other critical areas within 300 feet due to the maximum potential buffer size for wetlands. Critical area size and characteristics beyond the project area may be estimated through aerial photographic interpretation and discussions with agency staff if the adjacent property owner denies access.

17Wetland buffer widths from Vegetated Buffers in the Coastal Zone: A Summary Review and Bibliography, University of Rhode Island Graduate School of Oceanography, 1994, Technical Report No. 2064; The Science of Wetland Buffers and its Implications for the Management of Wetlands, The Evergreen State College, Andy McMillan, 2000; and Wetland Buffers: Use and Effectiveness, Washington State Department of Ecology, 1992, Publication No. 92-10.

18Wetland mitigation ratios are from Wetland Replacement Ratios: Defining Equivalency, Washington State Department of Ecology, 1992, Publication No. 92-08.

19See WAC 365-190-080(4)(c).

24 See WAC 365-190-080(4)(d)(v).

27 See WAC 365-190-080(4)(d)(viii).

29See WAC 365-190-080(4)(e).

30A distance of 200 feet is suggested so that geological features that might affect the proposal are included in the critical areas report. It may be necessary to include features further than 200 feet from the project area in some instances, such as a series of related geological features that extend more than 200 feet.

33See WAC 365-190-030(19).

34See WAC 232-12-297.

39See WAC 365-190-080(5)(a)(viii).

40Critical areas reports for habitat areas should consider protected habitats and species and their buffers located within 300 feet. Three hundred feet is a suggested distance so that habitat areas that might be affected by the proposal are included in the critical areas report. Three hundred feet allowed for the potential riparian habitat area widths and for buffers/zones that may not be accurately mapped at the time of application.

43The Washington State Department of Fish and Wildlife recommends not allowing habitat buffers to be reduced by more than 25 percent.

44See Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats: Riparian, 1997, page xi.

45Recommended riparian habitat widths are from the Washington State Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats: Riparian, 1997, page xii.

46The Washington State Department of Fish and Wildlife recommends not allowing riparian habitat area widths to be reduced by more than 25 percent.

47The performance standards for riparian habitat areas, ponds, lakes, waters of the state, and marine habitat are partially derived from the Pierce County Critical Areas Development Regulations, 2002.

48Applicable in western Washington.