16.10.110 Fish and wildlife habitat area buffers.

A. Buffer widths for critical habitat areas shall be based on consideration of the following factors: species recommendations of the Washington State Department of Fish and Wildlife; recommendations contained in the fish and wildlife study submitted by a qualified consultant; and the nature and intensity of land uses and activities occurring on the site and on adjacent sites.
B. Low impact uses and activities which are consistent with the purpose and function of the critical habitat buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the habitat area. Examples of uses and activities which may be permitted in appropriate cases include pervious or semi-pervious trails, viewing platforms, stormwater management facilities such as grass-lined swales, and utility easements; provided, that any impacts to the buffer resulting from permitted facilities shall be mitigated.
C. Critical habitat areas and their associated buffers shall be placed either in a separate tract on which development is prohibited, protected by execution of an easement, dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the town. The location and limitations associated with the critical habitat and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the Snohomish County department of records and elections. (Ord. 00-387 §1(part), 2000)