19.70.335 Specific standards for other FWHCAs.
A. Endangered, Threatened, and Sensitive Species. Fish and wildlife habitat conservation areas or buffers with which state or federally endangered, threatened, or sensitive species or anadromous fish species have a primary association are subject to the following:
1. No development is allowed within a fish and wildlife 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 Department of Fish and Wildlife or applicable state or federal agency.
2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area must 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 alteration of the fish and wildlife habitat conservation area or its buffer may not occur prior to consultation with the Washington 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.
B. Other Priority Habitats and Species. Fish and wildlife habitat conservation areas or buffers with species that are not state or federally listed as endangered, threatened, or sensitive species, and are not anadromous fish species are subject to the following:
1. Development activities and uses that result in unavoidable impacts are prohibited except as otherwise allowed by this chapter and may occur in priority species habitat areas and associated buffers only if the proposed alteration of the habitat does not degrade the functions and values of the habitat in accordance with an approved critical area report with habitat assessment/management plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives. Full compensation for the loss of acreage and functions of habitat and buffer areas must be provided in compliance with the mitigation performance standards and requirements of these regulations.
C. City-Designated Habitats and Species of Local Importance.
1. Anacortes Community Forest Lands.
a. Purpose. The Anacortes Community Forest Lands include three lakes and their watersheds, numerous wetlands, rock bluffs, old growth forests, grassy knolls, windswept hilltops, sheltered caves, and a variety of other habitats and microclimates that provide a unique and irreplaceable habitat for both imperiled and commonplace species. This land has been dedicated by the city for the preservation of forest lands and species, as described in the conservation easement documents, the ACFL comprehensive plan, and in AMC Title 12.
b. Recreation and Recreation-Related Facilities. Construction of public recreation-related facilities such as trails, benches, interpretive displays, and viewing platforms may be allowed in fish and wildlife habitat conservation areas or buffers.
c. Proposed alterations must be consistent with the adopted Anacortes Community Forest Lands Comprehensive Plan, as amended.
d. Noxious and Invasive Plants. The Skagit County noxious weed ordinance and the ACFL Invasive Plant Control Program must be carefully considered in any adjacent development decision. Nonnative plants known to be invasive into the ACFL must be prohibited in landscaping plans of adjacent developments. Where such developments have CC&Rs, reference to this requirement must be included therein.
e. Right-of-Way Vacations. In the case of street or alley vacations contiguous with an ACFL boundary, the half of the area vacated which is adjacent to the ACFL must be incorporated into the ACFL and subject to all ACFL-related requirements.
f. Private Access to ACFL. No new accesses will be established to the ACFL without prior request for such access to the Parks and Recreation Department and the Forest Advisory Board and approval by the City Council.
g. Burning. No burn piles or outdoor fires must ever be left unattended while ignited and in the event sparks or flames come within 300 feet of the ACFL, the fire must immediately be brought under control or extinguished.
h. Boundary Identification. City staff will work closely with property owners and developers to ensure that survey lines adjacent to the ACFL boundary are clearly and correctly marked before any timber and/or vegetation is removed from adjacent property. The Forest Manager will be involved in the final inspection of boundary lines.
i. ACFL Buffers. City staff will work closely with builders to secure 30-foot ACFL buffers using all available incentives.
2. March Point Heronry.
a. Purpose. Because Skagit County is home to the greatest concentration of nesting great blue heron in the Salish Sea, March Point being the largest, the city has identified the March Point Heronry as a habitat of local importance.
b. Proposed development activities within 1,000 feet, or that are likely to impact the colony, must provide a critical areas assessment report and habitat management plan that follows at a minimum the guidelines provided by WDFW’s Management Recommendations for Washington’s Priority Species (March 2012) https://wdfw.wa.gov/sites/default/files/publications/01371/wdfw01371.pdf.
c. Buffers will be implemented as described in the buffer section below.
d. Colony protection is required for minimum 10 years after abandonment.
D. Required Buffer for Non-RMZ FWHCAs.
1. Marine FWHCAs Buffers. Buffers for all designated fish and wildlife habitats or species within marine shorelines must be regulated by AMC Chapter 19.72 shoreline regulations and the Shoreline Master Program.
2. All Other Non-RMZ FWHCA Buffers. Buffers from fish and wildlife habitat conservation areas must be established to protect the functions and values of the critical area from the impacts of proposed adjacent activities.
a. Buffer widths for fish and wildlife habitat areas must be based on consideration of the following factors: species-specific recommendations of the Washington Department of Fish and Wildlife; recommendations contained in a habitat management plan submitted by a qualified professional; and the nature and intensity of land uses and activities occurring on the land adjacent to the site. Buffers must:
i. Consist of an undisturbed area of native vegetation, or areas identified for restoration, sufficient to protect the integrity, functions, and values of the affected habitat;
ii. Reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby;
iii. Be consistent with the applicable species-specific management recommendations issued by the Washington Department of Fish and Wildlife.
b. Nesting bald eagles and bald eagle habitats must be protected consistent with the U.S. Fish and Wildlife Service (USFWS) national bald eagle management guidelines, or the state or federal regulations in place at the time of application. Whenever activities are proposed adjacent to a confirmed nest territory or communal roost, a bald eagle habitat management plan must be developed by a qualified professional. Activities are adjacent to managed bald eagle sites when they are within 660 feet of a nest or within one-half mile (2,640 feet) of a shoreline foraging area. Approval of the activity must not occur prior to consultation with the state or federal agency with authority on bald eagle pairs and their nest.
c. Great Blue Heron Nesting and Breeding Areas. Development near a verified heron breeding habitat including nesting colony areas, former nesting colonies:
i. A year-round urban buffer of 197 feet;
ii. For unusually loud activities that occur during breeding season (February through September) a seasonal buffer of 656 feet, and a blasting buffer of 1,320 feet;
iii. For properties without an existing and approved management plan, a management plan developed by a qualified professional to follow, at a minimum, WDFW’s Management Recommendations for Washington’s Priority Species (March 2012) and that identifies the nesting and breeding site as well as prenesting staging area, and breeding season foraging habitat;
iv. For the March Point colony, given the observed and documented sensitivity of this mega-colony to human intrusion and the fact that the colony is in a rare, isolated, but tight location, a year-round buffer of 984 feet. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)