35.35.110 Regulations – Class I and II terrestrial habitat conservation areas protection standards.
(1) Class I Terrestrial Habitat Conservation Areas. All development within the jurisdiction of designated Class I terrestrial habitat conservation areas shall adhere to the following standards:
(a) New uses and development on sites with known locations of Class I terrestrial habitat conservation areas or sites adjacent to known locations of Class I terrestrial habitat conservation areas shall require a habitat management plan (HMP). The HMP shall meet all of the following requirements:
(i) The HMP shall identify how the development impacts Class I or II terrestrial habitat conservation areas. In the case of bald eagles, a bald eagle management plan approved by the Washington Department of Fish and Wildlife and meeting the requirements and guidelines of the bald eagle protection rules (WAC 220-610-100), as now or hereafter amended, shall satisfy the requirements for an HMP.
(ii) The HMP shall contain a map prepared at a readable scale showing: the location of the proposed development site; the relationship of the site to surrounding topography, water features, and existing and/or proposed building locations and arrangements; and a legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and date of map revision.
(iii) The HMP shall describe the nature and intensity of the proposed development; analyze the effect of the proposed development, activity or land use change upon the wildlife species and habitat identified for protection; and provide a plan which identifies how the applicant proposes to avoid, minimize and/or compensate for any adverse impacts to wildlife habitats created by the proposed development.
(iv) The HMP shall be prepared by a qualified professional who has been educated in the field of wildlife biology or a closely related field, and has professional experience as a wildlife biologist.
(b) Buffers set forth by other critical area standards in this section have incorporated wildlife habitat and corridor protection measures and shall be considered the minimum to protect Class I terrestrial habitat conservation areas, except when a habitat management plan sets forth additional measures; provided, that buffer requirements or related standards set forth by federal or State laws shall prevail over the requirements in this section.
(2) Class II Terrestrial Habitat Conservation Areas. All major new development within Class II terrestrial habitat conservation areas may require a HMP meeting the requirements specified in subsection (1) of this section. The requirement for an HMP shall be determined during the SEPA threshold determination on the project and/or by the Administrator.