The intent of these regulations is to avoid impacts to habitats where such avoidance is feasible and reasonable. In appropriate circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with this chapter.

The overall goals of these regulations are to: manage land so as to maintain fish and wildlife species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created, although this does not imply maintaining all individuals of all species at all times; and achieve no net loss in fish or wildlife habitat, or stream functions.

Implement the goals and policies of the city comprehensive plan, including but not limited to those pertaining to natural features and environmental protection; aesthetics and community character; providing adequate housing and infrastructure; providing opportunities for economic development; creating a balanced transportation system; ensuring adequate public facilities; allowing for essential public facilities; and achieving a mix of land use types and densities consistent with the city's land use plan;

Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW and its amendments), its implementing rules, and best available science requirements; and

Coordinate environmental review and permitting of development projects to avoid duplication and delay.

Mowing, maintenance, cleaning, excavation, or repair/replacement of drainage structures within artificially or intentionally created habitat, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities such as ponds, and landscape features, except for habitat or streams areas created as mitigation.

Maintenance, operation and reconstruction of existing roads, streets, utilities and associated structures undertaken pursuant to public works director approved best management practices; provided, that activities shall not increase the impervious area by more than two hundred square feet and that disturbed areas are restored to an acceptable usable condition as required by the public works and planning directors.

Normal maintenance, and repair of residential or commercial structures; provided, that reconstruction of any structures may not increase the previous floor area, and subject to the requirements of Chapter 17.68, Nonconforming Uses, Buildings, and Lots.

Site investigative work and studies necessary for preparing land use applications, including soils tests, water quality studies and similar tests and investigations; provided, that any disturbance of the habitat shall be the minimum necessary to carry out the work or studies.

Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, bird watching and hiking, that will not have a significant effect on the habitat area.

Emergency activities that are required due to landslides, floods, earthquakes, other acts of nature, or emergency utility repairs that are necessary to prevent an immediate threat to public health, safety or property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter. After the emergency, the person or agency undertaking the action shall restore and/or mitigate any impacts to the habitat and buffer resulting from the emergency action in accordance with an approved habitat report and mitigation or buffer enhancement plan. Restoration, mitigation, or enhancement activities must be initiated within six months of the date of emergency, and completed within a year of the approval.

Minor activities such as invasive plant management, snagging of dead, dying, or diseased vegetation, and removal of hazardous trees where owners' property or adjacent properties, or the health and safety of the general public or employees are in danger of damage and where such activities are determined by the city to have minimal impacts to habitat and/or streams. Any such activities undertaken within a designated native growth protection area (NGPA) or fish and wildlife habitat conservation area may require replanting per the requirements of the NGPA or the habitat conservation area.

Construction of new utility facilities or improvements to existing utility facilities that take place within existing improved right-of-way or existing impervious surface that does not increase the amount of impervious surface, or the use of trenchless technology such as boring or tunneling, that would not disturb the habitat.

City of Mukilteo Critical Areas Map;

Washington Department of Fish and Wildlife Priority Habitat and Species maps;

Washington State Department of Natural Resources, Official Water Type Reference maps, as amended;

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

Washington State Department of Natural Resources State Natural Area Preserves and Natural Resources Conservation Area maps;

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

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.

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

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 Department of Fish and Wildlife.

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 run.

Streams:

Federal, State, and Local Habitats and Species. The establishment of buffer areas may be required for regulated activities in or adjacent to federal, state, and local species and habitat areas. Buffers shall consist of an undisturbed area of native vegetation established to protect the integrity, functions and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. Buffers shall be determined by the department based on information in the biological/habitat report, a habitat management plan approved by the Department of Fish and Wildlife supplemented by its own investigations, the intensity and design of the proposed use, and adjacent uses and activities. Buffers are not intended to be established or to function independently of the habitat they are established to protect. Buffers shall be measured from the edge of the habitat area as measured in the field.

Nonnative or invasive plant species provide the dominate cover;

Vegetation is lacking due to disturbance and wetland resources could be adversely affected; or

Enhancement plantings in the buffer could significantly improve buffer functions. If, according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the habitat, the city may require larger buffers where it is necessary to protect habitat functions based on site-specific characteristics.

Buffer width averaging shall be allowed only where the applicant demonstrates through a report prepared by a qualified biologist or habitat specialist that:

Planting of native trees or shrubs, increasing the diversity of plant cover types, replacing exotic species with native species, or reestablishing fish area adjacent to a stream where one currently does not exist will result in improved function of the fish habitat,

Fish barrier removal to restore accessibility to resident or anadromous fish,

Fish habitat enhancement using log structures incorporated as part of a fish habitat enhancement plan,

Stream and/or retention/detention pond improvements:

Buffers may be further reduced up to fifty percent only where creation of a surface channel, day lighting a stream that was previously culverted or piped, or day lighting use of box culverts or trestles is proposed and where the applicant demonstrates through a report relying on best available science and prepared by a qualified specialist that through buffer enhancement the smaller buffer would provide equal or better protection than the larger buffer.

All identified fish and wildlife habitat and its required buffer may receive credit in calculation of the number of lots allowed.

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.

All identified fish and wildlife habitat and any required buffers shall be set aside as native growth protection areas per Section 17.52.035, Native growth protection areas (NGPAs) and buffers.

Property wholly contained within a habitat conservation area or its buffer may not be subdivided.

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 mitigation is provided consistent with this chapter.

The density limitations of the underlying zoning classification;

The minimum lot size of the underlying zoning classification may be reduced to three thousand square feet in order to accommodate the transfers in densities;

Applicable setbacks may be reduced to fifteen feet and the lot coverage standards of underlying zoning regulations may be increased to sixty percent; and

The area to which density is transferred shall not be constrained by another environmentally critical area regulated by this code.

Avoiding the impact altogether by not taking a certain action or parts of actions;

Minimizing impacts by limiting the degree of magnitude of the action and its implementation (e.g., use of appropriate technology, consideration of alternative site plans and building layouts and/or reductions in the density or scope of the proposal);

Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

Compensating for the impact by replacing, enhancing or otherwise providing equivalent or greater stream and wildlife functions;

Monitoring the impact and taking appropriate corrective measures.

Type 1, 2, and 3 Streams. Alterations of Type 1, 2, and 3 streams shall be avoided except where subject to the reasonable use provisions of Section 17.52.025;

Type 4 and 5 Streams. All feasible and reasonable measures shall be taken to reduce impacts to Type 4, and 5 streams. Alterations may be permitted subject to the mitigation standards and criteria of this chapter and provided that no overall net loss will occur in stream functions and fish habitat value;

Relocation of a stream may occur only when it is part of an approved mitigation or rehabilitation plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream;

Culverts may be placed in streams only under the following circumstances:

Consider habitat in site planning and design;

Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;

Integrate retained habitat into open space and/or landscaping, consistent with the provisions of adopted city requirements;

Where possible, consolidate habitat and vegetated open space in contiguous blocks;

Locate habitat contiguous to other habitat areas, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas and allows movement of wildlife;

Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers. The introduction of nonnative species will not be allowed;

Emphasize heterogeneity and structural diversity of vegetation in landscaping;

Recommendations to remove and/or control any nonnative or undesirable species of plants and animals;

Preserve significant trees, preferably in groups, consistent with city's tree preservation regulations, if any, and with achieving the objectives of these standards;

Locate mitigation areas such that contiguous habitat corridors are maintained, thus minimizing the isolation of individual habitats.

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 by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency.

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 areas shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the city. Approval for alternation of land adjacent to the habitat conservation area or its buffer shall not occur prior to the consultation with the Washington State Department of Fish and Wildlife for animal species, the Washington Department of Natural Resources for plant species, and other appropriate federal or state agencies.

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. Activities are adjacent to bald eagle site when they are within eight hundred feet or within one half mile (two thousand six hundred and forty feet) and in a shoreline foraging area. The city shall verify the location of eagle management areas for each proposed activity. Approval of the activity shall not occur prior to approval of the habitat management plan by the Washington Department of Fish and Wildlife.

All activities, uses, and alteration 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:

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.

Fill, when authorized by the city's shoreline management program shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impact and shall only be allowed for a water-dependent use.

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

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;

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

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

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 the mitigation sequencing required by this chapter; and

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

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;

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

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

Performance Surety. All mitigation and buffer enhancement shall be completed prior to final plat approval and/or building occupancy depending on the type of application. However, when improvements cannot be completed prior to final acceptance due to weather conditions which may negatively affect the success of the project, a performance surety may be used. The performance surety shall equal one hundred fifty percent of the cost of the mitigation project, and the required improvements shall be installed in a satisfactory manner within six months or less.

Maintenance Surety. A maintenance surety shall be required on all mitigation projects to ensure that the improvement successfully survives the monitoring periods set above.

Monitoring Deposit. A cash deposit shall be submitted with all sureties prior to final acceptance of the project to cover the estimated city's costs to review the yearly monitoring reports and conduct a site inspection to ensure the performance standards are being met.