BOCC Ordinance - Amend and Adopt CAO

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40 6. Riparian Management Zone or Buffer averaging. The Director may allow averaging of the standard RMZ or buffer widths of fish and wildlife habitat sites in accordance with an approved habitat management plan on a case-by-case basis. With RMZ or buffer averaging, the RMZ or buffer width is reduced in one location and increased in another location to maintain the same overall standard area. Proposals for RMZ or buffer averaging shall meet all the following: a. The Fish and wildlife habitat conservation area RMZ or buffer has not been averaged or reduced by any prior actions administered by Kittitas County; b. No feasible site design could be accomplished without buffer averaging; c. The RMZ or buffer averaging will not reduce habitat functions or adversely affect anadromous fish habitat; d. The minimum width of the RMZ or buffer at any given point is at least seventy- five percent (75%) of the standard width, or thirty (30) feet, whichever is greater; and e. The area that is added to the RMZ or buffer to offset the reduction is well- vegetated or will be densely planted with native vegetation along with monitoring and management to ensure that it becomes so. The Director may require such native vegetation enhancement if needed to ensure this criterion is met. 8. Buffers for non-aquatic habitats. Appropriate site- and species-specific buffers for nonaquatic fish and wildlife habitat conservation areas shall be based upon best available science, and recommendations by the Washington Department of Fish and Wildlife or a qualified professional biologist. Buffers will be measured in all directions from the habitat boundary, as mapped by the Washington State Department of Fish and Wildlife or qualified professional pursuant to 17A.04.020 and verified by the Director. a. Interrupted Buffers: When a fish and wildlife habitat conservation area buffer contains an existing legally established public or private road and/or a legally established development which creates a significant interruption of buffer function, the Director may allow an alteration or development on the opposite side of the road from the habitat area provided that the actions will not have a detrimental impact to the habitat area. The Director may require a habitat management plan if – after considering the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption – such a plan is deemed necessary to confirm the lack of detrimental impact on the habitat area. b. Multiple buffers: In the event that buffers for any fish and wildlife habitat conservation area or other critical area (including RMZs) are contiguous or overlapping, the most protective of the collective buffers shall apply. 17A.04.040 General Protection Standards. 1. Alterations. All alterations and development shall be prohibited from fish and wildlife habitat conservation areas and their buffers, except in accordance with this Title. A fish and wildlife habitat conservation area, RMZ, or buffer may be altered only if the proposed alteration of the habitat and/or any required compensatory mitigation does not degrade the functions and values of the habitat. 2. Mitigation requirement. Mitigation of alterations to fish and wildlife habitat conservation areas and their buffers shall meet the requirements of KCC 17A.04.030. 3. Anadromous fish. All alterations and development proposed to be located in aquatic fish and wildlife habitat conservation areas used by anadromous fish or in areas that affect such aquatic habitat areas shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: a. An alternative alignment or location for the alteration or development is not feasible;