Summary

The heron habitat protection area special district overlay provides a means to designate areas that provide essential feeding, nesting and roosting habitat for identified great blue heron rookeries.

Story

Description

Heron Habitat Protection Area SDO

Development Condition Text

21A.38.210 Special district overlay - Heron habitat protection area.

A. The purpose of the heron habitat protection area special district overlay is to provide a means to designate areas that provide essential feeding, nesting and roosting habitat for identified great blue heron rookeries. A district overlay will usually contain several isolated areas of known heron habitat in the general region surrounding the heron rookery.

B. The following development standards shall be applied in addition to all applicable requirements of K.C.C. 21A.24 and Title 25 to development proposals located within a heron habitat protection area district overlay:

1. The following conditions shall apply to the wetland or along the main channel of the stream riparian zone containing the heron rookery (tributary streams are excluded):

a. The 100-year floodplain shall be left undisturbed. Development proposals on individual lots shall require the 100-year floodplain to retain the native vegetation and be placed in a county-approved conservation easement or notice shall be placed on the title of the lot. The notice shall be approved by King County and filed with the records and elections division. The notice shall inform the public of the presence and location of the floodplain and heron habitat on the property and that limitations on actions in or affecting the area exist. Subdivisions, short subdivisions and binding site plans shall require the 100-year floodplain to retain the native vegetation and be placed in a sensitive areas tract, to be dedicated to the homeowner's association or other legal entity which assumes maintenance and protection of the tract. Determination of the floodplain shall be done for each permit application based on actual field survey using county-approved floodplain elevations;

b. There shall be a 660 foot radius buffer maintained around the periphery of the great blue heron rookery. If the sensitive areas and buffers are not adequate to provide the radius, then the buffer shall be expanded to meet the requirement. A rookery and its buffer shall be designated as sensitive area tract,

easement or noticed on title as required in this subsection; and

c. All access shall be restricted under nest trees from February 15th to July 31st and noted on signage at the floodplain or buffer edge, whichever is further from the rookery. Access may be further restricted with fencing or dense plantings with native plant material approved by the county. All developments in R-12 or higher density zones shall restrict access and provide an interpretive sign that provides information about the stream or wetland and its wildlife, biological, and hydrological functions. All signs shall be consistent with sensitive area signage requirements and subject to review and approval of the county;

2. Subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits adjacent to stream reaches and wetlands designated on the heron habitat protection area district overlay map, shall provide buffers that are 50 feet greater than required pursuant to K.C.C. 21A.24 along those streams and wetlands to provide habitat for herons. This additional 50 foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department. If conformance with the additional buffer requirement results in an unbuildable lot, then the minimum variation necessary to accommodate the proposed development shall be determined in consultation with county biologists and be reviewed and approved by the department;

3. Along the shoreline of lakes and river corridors included in the heron habitat protection area, all subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits shall provide a 50 foot buffer in addition to required shoreline setbacks of K.C.C. Title 25 and 21A.24. Along the shoreline of the major rivers (Sammamish, Green, Cedar, Snoqualmie, Snohomish, Skykomish and White River), the setback requirement may be waived if a special wildlife study shows no great blue heron nesting, roosting, and feeding areas on the site. These studies shall be done by a wildlife biologist and approved by county biologists. This additional 50 foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department; and

4. New docks, piers, bulkheads, and boat ramps constructed within the heron habitat protection area shall mitigate for loss of heron feeding habitat by providing enhanced native vegetation approved by the county adjacent to the development or between the development and the shoreline. Bulkheads shall be buffered from the water's edge by enhanced plantings of native vegetation approved by the county. (Ord. 12823 § 16, 1997).

Ordinance

12823

Effective Date

August 18, 1997

Changes

N/A

View Map(s) for SO-200. (Click on a map name in the list)

Note: If there are more than one map listed below, there may be a map file ending with a "_x" which provides an index for the remainder of the maps.

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