19.70.325 General development standards for all FWHCAs.
A. All new development activities and uses are prohibited from fish and wildlife habitat conservation areas and their buffers except in accordance with this chapter unless within shoreline jurisdiction and hereby regulated by AMC Chapter 19.72, Shorelines. Alteration of FWHCAs or their buffers is prohibited except as otherwise allowed by this chapter and may occur only if the proposed alteration of the habitat and any associated mitigation proposed does not degrade the functions and values of the habitat.
B. Exemptions. Exemptions to this chapter are listed in the provisions established in AMC 19.70.040, Exempt activities.
C. Approvals and the Best Available Science. Any approval of alterations or impacts to an FWHCA area must be supported by the best available science as described in the required critical area report.
D. Approvals of Activities May Be Conditioned. The decision-maker may condition approvals of activities allowed within or adjacent to a fish and wildlife habitat conservation area as necessary to minimize or mitigate any potential adverse impacts. Conditions will be based on the best available science and may include, but are not limited to, the following:
1. Establishment of buffers;
2. Preservation of important vegetation and/or habitat features such as snags and downed wood specific to the priority wildlife species in the fish and wildlife habitat conservation area;
3. Limitation of access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.
E. 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.
F. Subdivisions. The subdivision and short subdivision of land in FWHCAs and associated buffers is subject to the following:
1. Land that is located wholly within an FWHCA or its buffer may not be subdivided;
2. Land that is located partially within an FWHCA may be subdivided only if an accessible and contiguous portion of each new lot that meets the minimum lot size requirements for the zone is located outside of the FWHCA and its buffer;
3. Access roads and utilities serving a proposed subdivision may be permitted within the FWHCA and associated buffers only if the applicant’s qualified professional(s) demonstrate, and the decision-maker determines, that no other feasible alternative exists, all unavoidable impacts are fully mitigated, and the use is consistent with this chapter;
4. This subsection does not authorize new access roads and utilities in FWHCAs and associated buffers for existing subdivisions.
G. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to Fidalgo Island may be introduced to an FWHCA unless authorized by a state or federal permit approval. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)