Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

More documents

Recommendations

Info

Page 28 of 56 Ord. ____-2012 18.50, until they are replaced with an approved comprehensive update of the Shoreline Master Program. With the exception of SJCC 18.50.330.B.19 (pertaining to existing platted setbacks), in case of conflict the more restrictive requirement applies. (Also see subsection (A) of this section on applicability, and the applicability provisions and exemptions that apply to all critical areas, found in SJCC 18.30.110). Notwithstanding any provision in this code to the contrary, any use or structure legally located within shorelines of the state that was established or vested on or before the effective date of the County’s development regulations to protect critical areas, shall be regulated consistent with RCW 36.70A.480(3)(c). Such uses or structures may continue as a conforming use and many be redeveloped or modified if the redevelopment or modification is consistent with SJCC Chapter 18.50 and either: (1) the proposed redevelopment or modification will result in no net loss of shoreline ecological functions; or (2) the redevelopment or modification is consistent with SJCC 18.30.110 – 160. If the applicant chooses to pursue option (1), the application materials must include information sufficient to demonstrate no net loss of shoreline ecological functions. For purposes of this subsection, an agricultural activity that does not expand the area being used for the agricultural activity is not a redevelopment or modification. For purposes of this paragraph “agricultural activity” has the same meaning as defined in RCW 90.58.065. In addition to County regulations, in some cases activities in fish and wildlife habitat conservation areas may be regulated by State and Federal agencies including the WA Department of Ecology, WA Department of Fish and Wildlife, WA Department of Natural Resources, and the U.S. Army Corps of Engineers. Compliance with County regulations does not relieve the property owner of the responsibility to comply with state and federal requirements. A. Classification. 1. Upland Category I. Priority habitat areas as listed below: a. Areas having a primary association with bald eagles, which are protected under the Washington State Bald Eagle Protection Rules (WAC 232–12–292), as well as the federal Bald Eagle Protection Act and Endangered Species Act. 2. Upland Category II. Priority habitat areas as listed below, except those included in Upland Category I. a. Habitat areas associated with rare plants and priority species as identified by the Washington Department of Natural Resources, Natural Heritage Program. 3. Upland Category III. Important habitat areas which are not based on use by a specific species. These areas are protected by their conservation ownership or management status and are not subject to the protection standards within this section: a. Areas listed as national wildlife refuges, national parks, national estuary reserves, natural area preserves, or any preserve or reserve designated under WAC 332–30–151; b. State natural area preserves, or natural resource conservation areas identified by state law and managed by the Department of Natural Resources; and c. Areas with recognized wildlife habitat value owned by The Trust For Public Lands, The Nature Conservancy, The San Juan Preservation Trust, the Bureau of Land Management, or the San Juan County land bank. 4. Freshwater Habitat Areas. These areas include the following: a. Streams and riparian areas classified as Type 2 through 5 Waters of the State and any associated riparian areas within 50 feet of a Type 2 stream or 25 feet of a Type 3, 4, or 5 stream. (Stream types are as identified by the Department of Natural Resources; cf. Chapter 222–30 WAC); and b. Lakes and ponds 20 acres or larger, which are also subject to Chapter 18.50 SJCC. (Wetlands and ponds smaller than 20 acres are regulated in SJCC 18.30.110(D) and 18.30.150(E)(6). 5. Marine Habitat Areas. These areas include the following: a. All kelp and eelgrass beds; b. Priority shellfish areas as follows: i. All public and private tidelands or bedlands which are approved or conditionally approved by the Washington Department of Health for shellfish harvest; N:\LAND USE\LONG RANGE PROJECTS\PCODES-11-0004 CAO FWHCAs\Docs from PC and CC\FWHCAOrdCC_2012-10-26.doc
Page 29 of 56 Ord. ____-2012 ii. Any shellfish protection districts created under Chapter 90.72 RCW; and iii. Areas with all of the following attributes: broad intertidal areas, bays with geographically restricted wave action and circulation, poor or limited flushing, warmer water temperatures, seasonally reduced salinities, and increased potential for algae bloom; and c. All identified smelt spawning areas. B. Types of Fish and Wildlife Habitat Conservation Areas (FWHCAs). Following are the types of fish and wildlife habitat conservation areas protected by these regulations. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. 1. Areas with which endangered, threatened and sensitive species have a primary association. a. State and/or federally listed animal species as of the adoption date of this ordinance are identified below. There are many other species that are candidates for listing, and when they are formally listed by either the State or Federal government, San Juan County shall protect their habitat in accordance with this chapter and the recommendations of the Washington Dept. of Fish and Wildlife and other sources of Best Available Science. In addition, species that are candidates for listing may be designated and protected as species of local importance. State listed species are found in WAC 232- 12-011 and 014, and federally listed species are found on the WA Department of Fish and Wildlife Priority Habitats and Species list. Birds Brown pelican Common loon Marbled murrelet Peregrine falcon Insects Taylor’s Checker-spot butterfly Marine Mammals Southern resident orca Steller sea lion Humpback whale Gray whale Sea otter Fish Salmon Chinook Chum Coho Pink Sockeye Steelhead Rockfish Boccocio Canary Yelloweye Note: The bald eagle has been delisted but continues to be protected under other statutes. b. Plants Listed as Endangered, Threatened or Sensitive. N:\LAND USE\LONG RANGE PROJECTS\PCODES-11-0004 CAO FWHCAs\Docs from PC and CC\FWHCAOrdCC_2012-10-26.doc
Page 1 and 2: Ordinance No._____- 2012 AN ORDINAN
Page 3 and 4: Page 3 of 56 Ord. ____-2012 IV. For
Page 5 and 6: Page 5 of 56 Ord. ____-2012 are dis
Page 7 and 8: eing transported and deposited in m
Page 9 and 10: Page 9 of 56 Ord. ____-2012 the con
Page 11 and 12: Page 11 of 56 Ord. ____-2012 Areas
Page 13 and 14: Page 13 of 56 Ord. ____-2012 “Acc
Page 15 and 16: Page 15 of 56 Ord. ____-2012 “Air
Page 17 and 18: Page 17 of 56 Ord. ____-2012 “Att
Page 19 and 20: Page 19 of 56 Ord. ____-2012 expose
Page 21 and 22: Page 21 of 56 Ord. ____-2012 “Non
Page 23 and 24: Page 23 of 56 Ord. ____-2012 mark;
Page 25 and 26: Page 25 of 56 Ord. ____-2012 “Sub
Page 27: Page 27 of 56 Ord. ____-2012 “Wet
Page 31 and 32: horned lark, western meadowlark, fo
Page 33 and 34: D. General Protection Standards for
Page 35 and 36: Page 35 of 56 Ord. ____-2012 Figure
Page 37 and 38: Page 37 of 56 Ord. ____-2012 Step 5
Page 39 and 40: additional adverse impacts to FWHCA
Page 41 and 42: Page 41 of 56 Ord. ____-2012 x. Oth
Page 43 and 44: Page 43 of 56 Ord. ____-2012 (F) Mo
Page 45 and 46: Page 45 of 56 Ord. ____-2012 (2) no
Page 47 and 48: Table 3.12 Additional Protection Re
Page 49 and 50: Orcas and Blakely Islands. They are
Page 51 and 52: Chinook Chum Coho Pink Sockeye Stee
Page 53 and 54: Habitat Bluff Backed Beaches Critic
Page 55 and 56: SECTION 11. Savings Clause. Page 55

Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Create successful ePaper yourself

Delete template?

Save as template?