280 Fish and Wildlife Habitat Conservation Areas FWHCA
The following are identified and designated by the City as fish and wildlife habitat conservation areas (FWHCAs). Final designations shall be based on site conditions or other available data.
A. Areas where endangered, threatened, and sensitive species have a primary association, including priority habitats and areas associated with priority species as defined by the Washington State Department of Fish and Wildlife (WDFW) PHS List. Within the City of Snohomish, these areas and species primarily include, but may not be limited to, the following:
1. Riparian management zones (RMZs).
2. Biodiversity areas.
3. Aquatic habitat.
4. Riverine habitat.
5. Wildlife habitat corridor.
B. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat.
C. Waters of the State as defined in RCW 90.48.020.
D. Lakes, ponds, streams, and rivers stocked with game fish by a governmental or tribal program.
E. State natural area preserves and natural resource conservation areas, as defined, established, and managed by the State Department of Natural Resources.
F. Salmonid habitat.
G. “Habitats of local importance,” designated as fish and wildlife habitat conservation areas by the City of Snohomish. These areas are found to be locally important within the City of Snohomish, including those that possess unusual or unique habitat warranting protection. Any species by the City Council must be listed. (Ord. 2533, 2025)
The City maintains maps of fish and wildlife habitat conservation areas that are intended to be advisory only. Actual type, extent, and boundaries shall be based on site conditions and other available data, as determined by a qualified biologist. Information on the approximate location and extent of FWHCAs is available from the following sources:
A. WDFW Priority Habitat and Species Maps.
B. WDFW Anadromous and Resident Salmonid Distribution Maps in the Salmon and Steelhead Habitat Inventory Assessment Program (SSHIAP).
C. Washington State Department of Natural Resources (DNR) Official Water Type Reference Maps.
D. U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) Fisheries species list.
E. Pacific States Marine Fisheries Commission StreamNet.org maps.
F. Area-specific or site-specific delineations or studies. (Ord. 2533, 2025)
Development proposals that include a FWHCA or buffer shall meet the following requirements:
A. Buffer areas shall be established pursuant to SMC 14.280.040 for development activities in or adjacent to FWHCAs, when needed to protect the areas.
B. Allowed Activities. In addition to the activities listed in SMC 14.255.050, the following activities are allowed in FWHCAs and their buffers. In the event of a conflict between this section and SMC 14.255.050, this section shall control.
1. Low impact uses and development activities consistent with the purpose and function of the FWHCA and that do not detract from its integrity may be permitted within the conservation area depending on the sensitivity of the habitat area, based on a study from a qualified professional. Examples of uses and development activities that may be permitted include pervious trails, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements, and other similar; provided, that any impacts to the habitat resulting from such permitted facilities shall be fully mitigated.
2. Streambank stabilization is allowed to protect existing structures from channel migration, in accordance with an approved critical areas report. All actions associated with such activity shall comply with appropriate State and Federal guidelines and shall require any necessary permits from government agencies prior to the start of work.
3. Streambank stabilization is not permitted to protect new structures from channel migration, except where such stabilization is achieved through bioengineering methods in accordance with an approved critical areas report. All actions associated with such activity shall comply with appropriate State and Federal guidelines and shall require any necessary permits from government agencies prior to the start of work.
4. Any of the activities allowed pursuant to SMC 14.255.060.
C. Development or clearing activities shall protect the function of the FWHCA on the site and shall result in no net loss of functions, as required by this chapter.
D. A proposed development or clearing activity located within a priority habitat and species area shall be required to follow WDFW Management Guidelines, Management Recommendations, or other standards approved by WDFW.
E. Plant, wildlife, or fish species not native to the Puget Sound region of the Pacific Northwest shall not be introduced into FWHCAs unless authorized by this chapter and by any required State or Federal permit or approval. Assisted migration of appropriate plant species may be considered as climate changes.
F. When appropriate due to project area conditions and/or the type of habitat or species present, a critical areas report may be required that includes a habitat management plan, prepared by a qualified professional pursuant to SMC 14.255.070(B)(1). The critical areas report and habitat management plan shall meet the requirements of SMC 14.280.070.
G. The Director shall condition approvals of development activities allowed within or adjacent to a FWHCA or its buffers, as necessary, to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of vegetation that contributes to the functions and values of the FWHCA;
3. Limitation of public access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restriction of development activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. (Ord. 2533, 2025)
A. Riparian management zones (RMZs) are the areas with the potential to provide full riparian functions. They include streams and adjacent riparian habitat areas, also referred to as stream buffers in these regulations. Streams shall be designated according to the criteria in this subsection. When more than one classification is present in short, alternating segments on the property in question, it will be classified according to the stream class which is more restrictive. See also WAC 222-16-031 for additional stream classification guidance.
1. Type S: all waters within the ordinary high-water mark inventoried as “shorelines of the State” under Chapter 90.58 RCW and the rules promulgated pursuant thereto, but not including those waters associated with wetlands as defined in Chapter 90.58 RCW. These streams are identified as “Shorelines of the State” under the City of Snohomish Shoreline Master Program.
2. Type F: segments of natural waters that are not Type S waters, that are either perennial or intermittent and have salmonid fish use or the potential for fish use.
3. Type N: segments of natural waters that are not Type S or Type F. They are either perennial or intermittent, do not have fish or the potential for fish, and are nonheadwater streams.
4. Type O: streams with no natural surface water connection to Type S, F, or N waters.
B. Buffers are required for all streams regulated by this chapter. Buffers shall be sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which include but are not limited to preservation and protection of instream fish habitat through control of temperature and sedimentation, and connection of riparian habitat to other habitats.
1. The following riparian management zones are established for streams:
Table 1. Standard Riparian Management Zones (RMZ)
Riparian Stream Corridor Type | RMZ/Buffer Width (in feet) |
|---|---|
Type S | 200 |
Type F | 150 |
Type N | 100 |
Type O | 50 |
2. The RMZ buffer is measured horizontally from the ordinary high water mark (OHWM) of the stream, river, or lake or from the channel migration zone (CMZ), where present, to the specified width.
3. The RMZ buffer shall not extend landward of the Riverfront Trail, due to the cultural importance of the Snohomish Historic District.
C. Development and Uses in the RMZ. No development or clearing activity is permitted within the RMZ unless such activity is:
1. A water-dependent, water-related, or water-enjoyment activity for which there are no feasible alternatives that would have less adverse impact on the RMZ.
2. Infrastructure or utilities that cannot be feasibly located outside of the RMZ consistent with the mitigation sequencing requirements of SMC 14.255.110(E), that minimize the impact, that mitigate any unavoidable impact to functions, and receive authorization from applicable Federal and State regulating agencies, as necessary.
3. Mitigation for activities permitted by this chapter, provided the activity results in no net loss of riparian habitat functions on the site, including but not limited to:
a. Recruitment of Large Woody Debris (LWD) to the Stream. LWD recruitment creates habitat structures necessary to maintain salmon/trout productive capacity and species diversity.
b. Shade. Shading by the forest canopy maintains cooler water temperatures and influences the availability of oxygen for salmon/trout.
c. Bank Integrity (Root Reinforcement). Bank integrity helps maintain habitat quality and water quality by reducing bank erosion and creating habitat structure and instream hiding cover for salmon and trout.
d. Runoff Filtration. Filtration of nutrients and sediments in runoff (surface and shallow subsurface flows) helps maintain water quality.
e. Wildlife Habitat. Functional wildlife habitat for riparian-dependent species is based on sufficient amounts of riparian vegetation to provide protection for nesting and feeding.
4. Trails and wildlife viewing structures, provided such trails and structures minimize the impact and are constructed to avoid interfering with hydrology of the water body and do not result in increased sediment or pollution entering the water body.
D. RMZ Buffer Width Reduction. RMZ buffer widths may be reduced if the buffer is enhanced in accordance with the following requirements:
1. RMZ buffer width reduction and enhancement is targeted for buffer areas that have minimal functions and values due to existing physical characteristics.
2. The applicant demonstrates that proposed buffer enhancement, together with proposed buffer width reduction, will result in an increase in the functional value of the buffer when compared with the functional value of the standard RMZ buffer.
3. The applicant includes a comparative analysis of RMZ buffer values prior to and after enhancement, and demonstrates compliance with this section, as part of the critical area report described in SMC 14.280.070.
4. The RMZ buffer width is not reduced below 75 percent of the standard width.
5. The functions and values of the stream protected by the RMZ buffer are not decreased.
E. RMZ Buffer Reduction for Daylighting. RMZ buffer widths may be reduced as part of an approved stream daylighting plan pursuant to SMC 14.280.080 and the provisions below.
1. For stream meandering proposals, the modification improves instream habitat and flow conveyance.
2. The buffer width reduction is the minimum necessary to accommodate existing and proposed improvements and/or site conditions.
3. The density of buffer vegetation is increased to the extent feasible within the reduced buffer area to mitigate the impact to the critical area.
F. Existing Uses and Structures. All legally established uses and structures that do not conform to the requirements of this section shall be allowed to continue and remain in the form and location in which they existed prior to the effective date of this chapter, pursuant to the allowances for existing development of SMC 14.255.060.
1. Existing uses and developments with improvements located in an RMZ may be repaired and maintained.
2. Existing uses and developments may be expanded, enlarged, or otherwise modified pursuant to the following:
a. Landward expansions or modifications within the RMZ may be allowed without a critical areas report.
b. Vertical expansions or modifications within the RMZ may be allowed without a critical areas report.
c. Lateral expansions or modifications within the RMZ may be allowed with an approved RMZ enhancement plan and critical areas report pursuant to SMC 14.280.070. Such enhancement proposals in a constrained area may include hedgerows and native vegetation planting to improve functions and values. Enhancement must result in a net ecological gain of riparian ecosystem functions and values. Expansions authorized under this section shall only be permitted where the portion of the RMZ into which the structure is expanding contains no riparian functions or values. The presence of nonnative vegetation shall not be considered sufficient justification for determining an absence of riparian functions or values.
3. Modifications to existing developments located within the RMZ shall not result in a net loss of ecological functions and values to the water body and/or habitat area.
G. Modifications. When replacing, removing, or otherwise modifying an existing development within an RMZ, the applicant shall implement the following during site construction, as applicable:
1. Evaluate the RMZ to identify the best sites to restore and consider connectivity and adjacency to other priority habitats.
2. Improve aquatic connectivity by replacing culverts and removing barriers to movement.
3. Revegetate with native plants and consider improvements for wildlife by integrating structures necessary for nesting, breeding, and foraging.
4. As existing development is remodeled or replaced, incorporate wider setbacks for streams.
5. Control access to the RMZ during construction to limit soil compaction. Avoid operating equipment near water bodies to reduce sedimentation and soil compaction.
6. Chemicals not approved by the Washington State Department of Ecology for use within the RMZ shall not be used.
H. Functional Isolation From the Water Body. Buffers may exclude areas that are functionally and effectively isolated from the stream by an existing public or private road or legally established development, as determined by the Planning Director. Functionally and effectively isolated means the road or other significant development blocks the protective measures provided by a buffer.
1. When existing impervious surfaces or other built structures functionally or physically isolate the buffer from the water body, the regulated RMZ shall extend landward from the OHWM or CMZ, whichever is greater, and terminate at the waterward edge of the impervious surface or manmade structure. Development activities that occur within the area of functional isolation, or further landward, are exempt from the requirement to provide a critical areas report.
2. The Planning Director may rely on a site visit, aerial photographs, other evidence provided by the applicant or the applicant’s qualified professional, and consultation with the WDFW in making a determination to reduce the width of the RMZ based on functional and/or physical isolation. (Ord. 2533, 2025)
A. Mitigation for impacts within FWHCAs shall follow the mitigation sequencing requirements of SMC 14.255.110(E). WDFW shall be consulted when a project may potentially impact priority habitats and species (PHS) on or adjacent to the project area.
B. An up-to-date science-based resource, such as a relevant watershed, fish recovery, sub-basin, or other plans based in best available science should be used to guide mitigation proposals, consistent with WAC 365-195-905, or State standards in effect at the time of application.
C. Mitigation sites shall be located to 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. Mitigation of aquatic habitat shall be located within the same aquatic ecosystem as the area disturbed. (Ord. 2533, 2025)
A fish and wildlife habitat corridor shall be set aside and protected when a development is proposed within 200 feet of a priority habitat/species of local importance or another stream or wetland with moderate to high habitat functions. Such protection measures shall be as follows:
A. Place the habitat corridor in a native growth protection area (NGPA) easement pursuant to SMC 14.255.140 or within an open space tract separated from the remainder of the development.
B. The habitat corridor shall be sited to meet the following conditions, where feasible:
1. The corridor shall form one contiguous tract that connects high value habitat areas to each other.
2. The corridor should include and/or connect other critical areas, wooded areas, and open space tracts on site or on adjacent properties, where present.
3. The corridor should measure a minimum of 100 feet in width. A lesser width may be approved if it can be shown that a lesser corridor width supports and maintains the corridor’s function and value, as demonstrated through an approved habitat management plan.
4. Habitat corridors do not parallel streams and riparian areas, except as necessary to connect two features as described in this subsection.
C. A habitat management plan meeting the requirements of SMC 14.280.070(E) for the wildlife corridor contained within a tract or tracts shall be prepared that specifies the permissible extent of recreation, forestry, or other uses compatible with preserving and enhancing the wildlife habitat value of the tract or tracts. The habitat management plan shall be reviewed and approved by the Department. The approved habitat management plan for a subdivision shall be contained within and recorded with the covenants, conditions, and restrictions (CCRs). If the wildlife corridor is contained in an NGPA easement, a habitat management plan is not required.
D. Clearing within the habitat corridor contained in a tract or tracts shall be limited to that allowed by the habitat management plan or as otherwise allowed by this chapter. No clearing, including the removal of woody debris, shall be allowed within a habitat corridor contained within an NGPA easement on individual lots, unless the property owner has an approved habitat management plan that supports the proposed clearing.
E. Low impact uses and activities which are consistent with the purpose and function of the habitat corridor and do not detract from its integrity may be permitted within the corridor depending on the sensitivity of the habitat area. Examples of uses and activities which may be permitted in appropriate cases include pervious trails, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements and other similar uses, or activities otherwise described and approved by the WDFW; provided, that any impacts to the corridor resulting from such permitted facilities shall be fully mitigated. (Ord. 2533, 2025)
A critical areas report for a FWHCA shall include the following:
A. The required elements of SMC 14.255.070.
B. Information related to the site and proposal, including the following:
1. A scaled site plan pursuant to SMC 14.255.070(B)(4) that also includes:
a. The location of the proposed development site.
b. The relationship of the site to the surrounding topographic, water, and cultural sites.
c. 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 an assessment of potential project impacts to those species.
2. A narrative description of the nature and intensity of the proposed activity or development.
3. A narrative of any Federal or State management recommendations, including WDFW habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area.
4. An analysis of the potential direct and indirect impacts of the proposed activity or development on the wildlife species and habitat identified for protection, including potential impacts to water quality and soil.
5. A mitigation plan ensuring no net loss of ecological functions, meeting the requirements of SMC 14.255.090 and the following:
a. Any mitigation site must be located to preserve or achieve contiguous wildlife habitat corridors.
b. Mitigation of aquatic habitat shall be located within the same aquatic ecosystem as the area proposed for disturbance.
c. Include standards for ongoing management practices that will protect habitat after the project site has been developed, including monitoring, maintenance, and adaptive management programs.
C. If clearing or development is proposed within an RMZ, the critical areas report shall contain the following information:
1. Narrative description of how the proposed activity is for a water-dependent, water-related, or water-enjoyment use.
2. Assessment of how the proposed activity cannot be feasibly located outside of the RMZ on the site, including alternative building locations on the property, adjustments to the project footprint and orientation, modification to setbacks, and increase in building height before encroaching into critical areas or their buffers.
3. Analysis of how the proposal will not adversely affect the connectivity of habitat functions.
D. If mitigation is proposed for a FWHCA involving a water body or RMZ, it shall include the elements of SMC 14.255.090.
1. Water quality monitoring shall be conducted during construction activities for detection of pollution impacts.
2. The monitoring program protocol shall include observations and measurements of riparian integrity and quality, including buffer width, riparian corridor continuity or fragmentation, species integrity, stand age, and plant survival rates.
E. If a habitat management plan is required pursuant to SMC 14.280.030(F), the habitat management plan shall identify how development impacts to fish and wildlife habitat conservation areas from the proposed development will be mitigated and shall be consistent with WDFW Priority Habitat and Species (PHS) Management Recommendations, or as amended, and any applicable species and/or habitat-specific management regulations approved by WDFW.
1. When appropriate due to the type of habitat or species present or the proposed project area, the Planning Director may require the habitat management plan to include an evaluation by and any recommendations from WDFW, local tribal entity, or other qualified professional regarding the analysis contained within the habitat management plan and any proposed mitigation measures or programs.
2. Information from WDFW’s Habitat at Home program may be required, as appropriate. (Ord. 2533, 2025)
The City encourages daylighting, or opening up a stream that is located in a culvert to restore the stream to a more natural condition. Daylighting streams improves functions and values, including water quality, reducing flood hazard and stormwater flow, and providing wildlife habitat.
A. Plan and Process. A stream daylighting plan may be approved by the Planning Director based on a critical areas report per SMC 14.280.070. The daylighting plan shall include the following:
1. The site plan shall show all improvements and utilities in relationship to the daylighting, topography, daylighted stream course, hydrologic flow before and after daylighting, and where the daylighted stream will connect once the culvert is removed.
2. Demonstrate that the daylighting plan will achieve natural meander patterns, gentle and stable side slopes, and erosion control features that include native vegetation on the stream banks, and restoration of water flow characteristics compatible with fish habitat areas.
3. A stream channel planting plan using appropriate native stream vegetation. Native vegetation normally associated with streams shall be required, emphasizing plants that provide benefits to fish and wildlife.
4. A vegetative buffer plan, except as permitted to be reduced pursuant to SMC 14.280.040(E).
5. Prior to placing the stream into a new channel, a qualified professional approved by the City shall inspect the completed channel and issue a written report to the City stating that the new stream channel complies with the requirements of this section prior to daylighting the stream. The cost of the inspection and the report shall be borne by the applicant. The applicant shall also pay the cost of peer review by the City if the Planning Director determines the review is necessary.
6. A survey of the daylighted stream.
B. Daylighting Requirement. The City may require a stream to be daylighted as part of a Type 3, 4, or 5 permit pursuant to Chapter 14.20 SMC if the required daylighting is proportionate to the scope and nature of the Type 3, 4, or 5 permit. (Ord. 2533, 2025)
280 Fish and Wildlife Habitat Conservation Areas FWHCA
The following are identified and designated by the City as fish and wildlife habitat conservation areas (FWHCAs). Final designations shall be based on site conditions or other available data.
A. Areas where endangered, threatened, and sensitive species have a primary association, including priority habitats and areas associated with priority species as defined by the Washington State Department of Fish and Wildlife (WDFW) PHS List. Within the City of Snohomish, these areas and species primarily include, but may not be limited to, the following:
1. Riparian management zones (RMZs).
2. Biodiversity areas.
3. Aquatic habitat.
4. Riverine habitat.
5. Wildlife habitat corridor.
B. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat.
C. Waters of the State as defined in RCW 90.48.020.
D. Lakes, ponds, streams, and rivers stocked with game fish by a governmental or tribal program.
E. State natural area preserves and natural resource conservation areas, as defined, established, and managed by the State Department of Natural Resources.
F. Salmonid habitat.
G. “Habitats of local importance,” designated as fish and wildlife habitat conservation areas by the City of Snohomish. These areas are found to be locally important within the City of Snohomish, including those that possess unusual or unique habitat warranting protection. Any species by the City Council must be listed. (Ord. 2533, 2025)
The City maintains maps of fish and wildlife habitat conservation areas that are intended to be advisory only. Actual type, extent, and boundaries shall be based on site conditions and other available data, as determined by a qualified biologist. Information on the approximate location and extent of FWHCAs is available from the following sources:
A. WDFW Priority Habitat and Species Maps.
B. WDFW Anadromous and Resident Salmonid Distribution Maps in the Salmon and Steelhead Habitat Inventory Assessment Program (SSHIAP).
C. Washington State Department of Natural Resources (DNR) Official Water Type Reference Maps.
D. U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) Fisheries species list.
E. Pacific States Marine Fisheries Commission StreamNet.org maps.
F. Area-specific or site-specific delineations or studies. (Ord. 2533, 2025)
Development proposals that include a FWHCA or buffer shall meet the following requirements:
A. Buffer areas shall be established pursuant to SMC 14.280.040 for development activities in or adjacent to FWHCAs, when needed to protect the areas.
B. Allowed Activities. In addition to the activities listed in SMC 14.255.050, the following activities are allowed in FWHCAs and their buffers. In the event of a conflict between this section and SMC 14.255.050, this section shall control.
1. Low impact uses and development activities consistent with the purpose and function of the FWHCA and that do not detract from its integrity may be permitted within the conservation area depending on the sensitivity of the habitat area, based on a study from a qualified professional. Examples of uses and development activities that may be permitted include pervious trails, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements, and other similar; provided, that any impacts to the habitat resulting from such permitted facilities shall be fully mitigated.
2. Streambank stabilization is allowed to protect existing structures from channel migration, in accordance with an approved critical areas report. All actions associated with such activity shall comply with appropriate State and Federal guidelines and shall require any necessary permits from government agencies prior to the start of work.
3. Streambank stabilization is not permitted to protect new structures from channel migration, except where such stabilization is achieved through bioengineering methods in accordance with an approved critical areas report. All actions associated with such activity shall comply with appropriate State and Federal guidelines and shall require any necessary permits from government agencies prior to the start of work.
4. Any of the activities allowed pursuant to SMC 14.255.060.
C. Development or clearing activities shall protect the function of the FWHCA on the site and shall result in no net loss of functions, as required by this chapter.
D. A proposed development or clearing activity located within a priority habitat and species area shall be required to follow WDFW Management Guidelines, Management Recommendations, or other standards approved by WDFW.
E. Plant, wildlife, or fish species not native to the Puget Sound region of the Pacific Northwest shall not be introduced into FWHCAs unless authorized by this chapter and by any required State or Federal permit or approval. Assisted migration of appropriate plant species may be considered as climate changes.
F. When appropriate due to project area conditions and/or the type of habitat or species present, a critical areas report may be required that includes a habitat management plan, prepared by a qualified professional pursuant to SMC 14.255.070(B)(1). The critical areas report and habitat management plan shall meet the requirements of SMC 14.280.070.
G. The Director shall condition approvals of development activities allowed within or adjacent to a FWHCA or its buffers, as necessary, to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of vegetation that contributes to the functions and values of the FWHCA;
3. Limitation of public access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restriction of development activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. (Ord. 2533, 2025)
A. Riparian management zones (RMZs) are the areas with the potential to provide full riparian functions. They include streams and adjacent riparian habitat areas, also referred to as stream buffers in these regulations. Streams shall be designated according to the criteria in this subsection. When more than one classification is present in short, alternating segments on the property in question, it will be classified according to the stream class which is more restrictive. See also WAC 222-16-031 for additional stream classification guidance.
1. Type S: all waters within the ordinary high-water mark inventoried as “shorelines of the State” under Chapter 90.58 RCW and the rules promulgated pursuant thereto, but not including those waters associated with wetlands as defined in Chapter 90.58 RCW. These streams are identified as “Shorelines of the State” under the City of Snohomish Shoreline Master Program.
2. Type F: segments of natural waters that are not Type S waters, that are either perennial or intermittent and have salmonid fish use or the potential for fish use.
3. Type N: segments of natural waters that are not Type S or Type F. They are either perennial or intermittent, do not have fish or the potential for fish, and are nonheadwater streams.
4. Type O: streams with no natural surface water connection to Type S, F, or N waters.
B. Buffers are required for all streams regulated by this chapter. Buffers shall be sufficiently wide to achieve the full range of riparian and aquatic ecosystem functions, which include but are not limited to preservation and protection of instream fish habitat through control of temperature and sedimentation, and connection of riparian habitat to other habitats.
1. The following riparian management zones are established for streams:
Table 1. Standard Riparian Management Zones (RMZ)
Riparian Stream Corridor Type | RMZ/Buffer Width (in feet) |
|---|---|
Type S | 200 |
Type F | 150 |
Type N | 100 |
Type O | 50 |
2. The RMZ buffer is measured horizontally from the ordinary high water mark (OHWM) of the stream, river, or lake or from the channel migration zone (CMZ), where present, to the specified width.
3. The RMZ buffer shall not extend landward of the Riverfront Trail, due to the cultural importance of the Snohomish Historic District.
C. Development and Uses in the RMZ. No development or clearing activity is permitted within the RMZ unless such activity is:
1. A water-dependent, water-related, or water-enjoyment activity for which there are no feasible alternatives that would have less adverse impact on the RMZ.
2. Infrastructure or utilities that cannot be feasibly located outside of the RMZ consistent with the mitigation sequencing requirements of SMC 14.255.110(E), that minimize the impact, that mitigate any unavoidable impact to functions, and receive authorization from applicable Federal and State regulating agencies, as necessary.
3. Mitigation for activities permitted by this chapter, provided the activity results in no net loss of riparian habitat functions on the site, including but not limited to:
a. Recruitment of Large Woody Debris (LWD) to the Stream. LWD recruitment creates habitat structures necessary to maintain salmon/trout productive capacity and species diversity.
b. Shade. Shading by the forest canopy maintains cooler water temperatures and influences the availability of oxygen for salmon/trout.
c. Bank Integrity (Root Reinforcement). Bank integrity helps maintain habitat quality and water quality by reducing bank erosion and creating habitat structure and instream hiding cover for salmon and trout.
d. Runoff Filtration. Filtration of nutrients and sediments in runoff (surface and shallow subsurface flows) helps maintain water quality.
e. Wildlife Habitat. Functional wildlife habitat for riparian-dependent species is based on sufficient amounts of riparian vegetation to provide protection for nesting and feeding.
4. Trails and wildlife viewing structures, provided such trails and structures minimize the impact and are constructed to avoid interfering with hydrology of the water body and do not result in increased sediment or pollution entering the water body.
D. RMZ Buffer Width Reduction. RMZ buffer widths may be reduced if the buffer is enhanced in accordance with the following requirements:
1. RMZ buffer width reduction and enhancement is targeted for buffer areas that have minimal functions and values due to existing physical characteristics.
2. The applicant demonstrates that proposed buffer enhancement, together with proposed buffer width reduction, will result in an increase in the functional value of the buffer when compared with the functional value of the standard RMZ buffer.
3. The applicant includes a comparative analysis of RMZ buffer values prior to and after enhancement, and demonstrates compliance with this section, as part of the critical area report described in SMC 14.280.070.
4. The RMZ buffer width is not reduced below 75 percent of the standard width.
5. The functions and values of the stream protected by the RMZ buffer are not decreased.
E. RMZ Buffer Reduction for Daylighting. RMZ buffer widths may be reduced as part of an approved stream daylighting plan pursuant to SMC 14.280.080 and the provisions below.
1. For stream meandering proposals, the modification improves instream habitat and flow conveyance.
2. The buffer width reduction is the minimum necessary to accommodate existing and proposed improvements and/or site conditions.
3. The density of buffer vegetation is increased to the extent feasible within the reduced buffer area to mitigate the impact to the critical area.
F. Existing Uses and Structures. All legally established uses and structures that do not conform to the requirements of this section shall be allowed to continue and remain in the form and location in which they existed prior to the effective date of this chapter, pursuant to the allowances for existing development of SMC 14.255.060.
1. Existing uses and developments with improvements located in an RMZ may be repaired and maintained.
2. Existing uses and developments may be expanded, enlarged, or otherwise modified pursuant to the following:
a. Landward expansions or modifications within the RMZ may be allowed without a critical areas report.
b. Vertical expansions or modifications within the RMZ may be allowed without a critical areas report.
c. Lateral expansions or modifications within the RMZ may be allowed with an approved RMZ enhancement plan and critical areas report pursuant to SMC 14.280.070. Such enhancement proposals in a constrained area may include hedgerows and native vegetation planting to improve functions and values. Enhancement must result in a net ecological gain of riparian ecosystem functions and values. Expansions authorized under this section shall only be permitted where the portion of the RMZ into which the structure is expanding contains no riparian functions or values. The presence of nonnative vegetation shall not be considered sufficient justification for determining an absence of riparian functions or values.
3. Modifications to existing developments located within the RMZ shall not result in a net loss of ecological functions and values to the water body and/or habitat area.
G. Modifications. When replacing, removing, or otherwise modifying an existing development within an RMZ, the applicant shall implement the following during site construction, as applicable:
1. Evaluate the RMZ to identify the best sites to restore and consider connectivity and adjacency to other priority habitats.
2. Improve aquatic connectivity by replacing culverts and removing barriers to movement.
3. Revegetate with native plants and consider improvements for wildlife by integrating structures necessary for nesting, breeding, and foraging.
4. As existing development is remodeled or replaced, incorporate wider setbacks for streams.
5. Control access to the RMZ during construction to limit soil compaction. Avoid operating equipment near water bodies to reduce sedimentation and soil compaction.
6. Chemicals not approved by the Washington State Department of Ecology for use within the RMZ shall not be used.
H. Functional Isolation From the Water Body. Buffers may exclude areas that are functionally and effectively isolated from the stream by an existing public or private road or legally established development, as determined by the Planning Director. Functionally and effectively isolated means the road or other significant development blocks the protective measures provided by a buffer.
1. When existing impervious surfaces or other built structures functionally or physically isolate the buffer from the water body, the regulated RMZ shall extend landward from the OHWM or CMZ, whichever is greater, and terminate at the waterward edge of the impervious surface or manmade structure. Development activities that occur within the area of functional isolation, or further landward, are exempt from the requirement to provide a critical areas report.
2. The Planning Director may rely on a site visit, aerial photographs, other evidence provided by the applicant or the applicant’s qualified professional, and consultation with the WDFW in making a determination to reduce the width of the RMZ based on functional and/or physical isolation. (Ord. 2533, 2025)
A. Mitigation for impacts within FWHCAs shall follow the mitigation sequencing requirements of SMC 14.255.110(E). WDFW shall be consulted when a project may potentially impact priority habitats and species (PHS) on or adjacent to the project area.
B. An up-to-date science-based resource, such as a relevant watershed, fish recovery, sub-basin, or other plans based in best available science should be used to guide mitigation proposals, consistent with WAC 365-195-905, or State standards in effect at the time of application.
C. Mitigation sites shall be located to 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. Mitigation of aquatic habitat shall be located within the same aquatic ecosystem as the area disturbed. (Ord. 2533, 2025)
A fish and wildlife habitat corridor shall be set aside and protected when a development is proposed within 200 feet of a priority habitat/species of local importance or another stream or wetland with moderate to high habitat functions. Such protection measures shall be as follows:
A. Place the habitat corridor in a native growth protection area (NGPA) easement pursuant to SMC 14.255.140 or within an open space tract separated from the remainder of the development.
B. The habitat corridor shall be sited to meet the following conditions, where feasible:
1. The corridor shall form one contiguous tract that connects high value habitat areas to each other.
2. The corridor should include and/or connect other critical areas, wooded areas, and open space tracts on site or on adjacent properties, where present.
3. The corridor should measure a minimum of 100 feet in width. A lesser width may be approved if it can be shown that a lesser corridor width supports and maintains the corridor’s function and value, as demonstrated through an approved habitat management plan.
4. Habitat corridors do not parallel streams and riparian areas, except as necessary to connect two features as described in this subsection.
C. A habitat management plan meeting the requirements of SMC 14.280.070(E) for the wildlife corridor contained within a tract or tracts shall be prepared that specifies the permissible extent of recreation, forestry, or other uses compatible with preserving and enhancing the wildlife habitat value of the tract or tracts. The habitat management plan shall be reviewed and approved by the Department. The approved habitat management plan for a subdivision shall be contained within and recorded with the covenants, conditions, and restrictions (CCRs). If the wildlife corridor is contained in an NGPA easement, a habitat management plan is not required.
D. Clearing within the habitat corridor contained in a tract or tracts shall be limited to that allowed by the habitat management plan or as otherwise allowed by this chapter. No clearing, including the removal of woody debris, shall be allowed within a habitat corridor contained within an NGPA easement on individual lots, unless the property owner has an approved habitat management plan that supports the proposed clearing.
E. Low impact uses and activities which are consistent with the purpose and function of the habitat corridor and do not detract from its integrity may be permitted within the corridor depending on the sensitivity of the habitat area. Examples of uses and activities which may be permitted in appropriate cases include pervious trails, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements and other similar uses, or activities otherwise described and approved by the WDFW; provided, that any impacts to the corridor resulting from such permitted facilities shall be fully mitigated. (Ord. 2533, 2025)
A critical areas report for a FWHCA shall include the following:
A. The required elements of SMC 14.255.070.
B. Information related to the site and proposal, including the following:
1. A scaled site plan pursuant to SMC 14.255.070(B)(4) that also includes:
a. The location of the proposed development site.
b. The relationship of the site to the surrounding topographic, water, and cultural sites.
c. 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 an assessment of potential project impacts to those species.
2. A narrative description of the nature and intensity of the proposed activity or development.
3. A narrative of any Federal or State management recommendations, including WDFW habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area.
4. An analysis of the potential direct and indirect impacts of the proposed activity or development on the wildlife species and habitat identified for protection, including potential impacts to water quality and soil.
5. A mitigation plan ensuring no net loss of ecological functions, meeting the requirements of SMC 14.255.090 and the following:
a. Any mitigation site must be located to preserve or achieve contiguous wildlife habitat corridors.
b. Mitigation of aquatic habitat shall be located within the same aquatic ecosystem as the area proposed for disturbance.
c. Include standards for ongoing management practices that will protect habitat after the project site has been developed, including monitoring, maintenance, and adaptive management programs.
C. If clearing or development is proposed within an RMZ, the critical areas report shall contain the following information:
1. Narrative description of how the proposed activity is for a water-dependent, water-related, or water-enjoyment use.
2. Assessment of how the proposed activity cannot be feasibly located outside of the RMZ on the site, including alternative building locations on the property, adjustments to the project footprint and orientation, modification to setbacks, and increase in building height before encroaching into critical areas or their buffers.
3. Analysis of how the proposal will not adversely affect the connectivity of habitat functions.
D. If mitigation is proposed for a FWHCA involving a water body or RMZ, it shall include the elements of SMC 14.255.090.
1. Water quality monitoring shall be conducted during construction activities for detection of pollution impacts.
2. The monitoring program protocol shall include observations and measurements of riparian integrity and quality, including buffer width, riparian corridor continuity or fragmentation, species integrity, stand age, and plant survival rates.
E. If a habitat management plan is required pursuant to SMC 14.280.030(F), the habitat management plan shall identify how development impacts to fish and wildlife habitat conservation areas from the proposed development will be mitigated and shall be consistent with WDFW Priority Habitat and Species (PHS) Management Recommendations, or as amended, and any applicable species and/or habitat-specific management regulations approved by WDFW.
1. When appropriate due to the type of habitat or species present or the proposed project area, the Planning Director may require the habitat management plan to include an evaluation by and any recommendations from WDFW, local tribal entity, or other qualified professional regarding the analysis contained within the habitat management plan and any proposed mitigation measures or programs.
2. Information from WDFW’s Habitat at Home program may be required, as appropriate. (Ord. 2533, 2025)
The City encourages daylighting, or opening up a stream that is located in a culvert to restore the stream to a more natural condition. Daylighting streams improves functions and values, including water quality, reducing flood hazard and stormwater flow, and providing wildlife habitat.
A. Plan and Process. A stream daylighting plan may be approved by the Planning Director based on a critical areas report per SMC 14.280.070. The daylighting plan shall include the following:
1. The site plan shall show all improvements and utilities in relationship to the daylighting, topography, daylighted stream course, hydrologic flow before and after daylighting, and where the daylighted stream will connect once the culvert is removed.
2. Demonstrate that the daylighting plan will achieve natural meander patterns, gentle and stable side slopes, and erosion control features that include native vegetation on the stream banks, and restoration of water flow characteristics compatible with fish habitat areas.
3. A stream channel planting plan using appropriate native stream vegetation. Native vegetation normally associated with streams shall be required, emphasizing plants that provide benefits to fish and wildlife.
4. A vegetative buffer plan, except as permitted to be reduced pursuant to SMC 14.280.040(E).
5. Prior to placing the stream into a new channel, a qualified professional approved by the City shall inspect the completed channel and issue a written report to the City stating that the new stream channel complies with the requirements of this section prior to daylighting the stream. The cost of the inspection and the report shall be borne by the applicant. The applicant shall also pay the cost of peer review by the City if the Planning Director determines the review is necessary.
6. A survey of the daylighted stream.
B. Daylighting Requirement. The City may require a stream to be daylighted as part of a Type 3, 4, or 5 permit pursuant to Chapter 14.20 SMC if the required daylighting is proportionate to the scope and nature of the Type 3, 4, or 5 permit. (Ord. 2533, 2025)