7-20-70 Wildlife Habitat Areas

(a) Wildlife Habitat Maps

• Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDOW) Species Activity Maps (the Wildlife Maps), which are maintained in the Community Development Department and hereby adopted by reference, and may be amended from time to time by the Colorado Division of Wildlife. Areas shown on those maps are known to be wildlife habitat areas by the Colorado Division of Wildlife. In all cases, mapping will be field verified by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on the wildlife maps.

(b) General Principles

• Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, shall be based on consideration of the five (5) principles listed in subsections (1) through (5) below. These principles shall be evaluated not only on a site specific basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas. Approved development shall:
  1. Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development.
  2. Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainage ways, or other features, and guide development towards areas of landscape containing more common elements.
  3. Maintain connections among wildlife habitats by identifying and protecting corridors for movement.
  4. Contribute to the regional protection of rare species by protecting their habitat locally.
  5. Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements.

(c) General Standards

• The standards in this section apply to all wildlife habitat areas shown on the Species Activity Maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife.
  1. When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future.
  2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
  3. Mesh or woven wire fences are prohibited outside the Activity Envelope.
  4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
  5. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground.
  6. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
  7. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs.
  8. Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
  9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife.
  10. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
  11. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed.
  12. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
  13. Pet food shall not be left outside.
  14. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes.
  15. [Reserved for standard for raptor protection from new above ground utility poles].

(d) General Buffer Standards

• Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site Planning process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case the buffers shall be provided to the maximum extent practicable.
  1. Nest/Roost Buffer
     • The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site shall be one-half (1/2) mile (2,640 feet) in Rural Areas, and five hundred (500) feet in Urban Areas. The minimum buffer for any structure located near any other active raptor nest site (except American kestrels) shall be one-quarter (1/4) mile (1,320 feet).
  2. Intensive Use Buffer
     • Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open pit mineral extraction or the construction of roadways shall require a building or structure buffer of a minimum of one thousand (1,000) feet from any wildlife habitat area in Rural Areas, and five hundred (500) feet in Urban Areas.
  3. Endangered, Threatened, or Rare Species
     • No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum one-half 1/2 mile (2,640 foot) buffer between any building or structure and any threatened or endangered species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or imperiled species habitat.
  4. Important Waterfowl and Wading Bird Habitat Area
     • There shall be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision.
  5. Wildlife Migration Corridors
     • There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors.
  6. Severe Winter Range, Winter Concentration Area
     • There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical habitat, severe winter range, and/or winter concentration areas.
  7. Production Area
     • If development is approved adjacent to ungulate (bighorn sheep, mule deer and elk) production areas, there shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and production areas.

(e) General Livestock and Domestic Animals

• The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in subsection (f) below, in which case the standards in subsection (f) shall govern.
1. Wetland and Riparian Areas
   • Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their buffer areas shall include provisions in the Site Plan that protect the wetland and buffer areas from damage due to such domestic animals or livestock.
2. Winter Range, Severe Winter Range, and Winter Concentration Areas and Critical Habitat
   • If development is approved within winter range, severe winter range and/or winter concentration areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel.
3. Wildlife Migration Corridors
   • If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel within a ¼ mile (1,320 feet) of migration corridors and within or adjacent to migration patterns, transition range, or highway crossings.
4. Wildlife Production Areas
   • If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock is present, a livestock management plan shall be required to prevent interference with wildlife production.
5. Predation
   • If the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation.
6. Overgrazing
   • Overgrazing of ranges by livestock shall be avoided.

(f) Additional Species-Specific Standards

1. Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range
   • Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter range areas. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall be reviewed according to the following standards and shall comply with Secs. 7-20-70(b), (c), and (e). Approved development shall:
     • (a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1st through March 31st.
     • (b) Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation.
2. Deer, Elk and Bighorn Sheep Winter Range
   • Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section.
     • (a) High impact recreational uses are prohibited.
     • (b) Dogs within or adjacent to winter range shall be kenneled, except for working dogs when at work.
3. Deer and Elk Migration Patterns/Corridors and Highway Crossings
   • Development that blocks a deer or elk migration corridor and prevents migration between summer and winter ranges is prohibited. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section.
     • (a) Dogs within one-quarter (1/4) mile (1,320 feet) of mule deer and elk migration corridors and patterns shall be kenneled, except for working dogs when at work.
4. Deer and Elk Production Areas
   • Development is prohibited within deer and elk production areas. In the event that an application is denied because there is no portion of the site outside of a deer or elk production area, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall comply with Secs. 7-20-70 (b), (c), and (e), and shall be reviewed according to the following standards. Approved development shall:
     • (a) Prohibit other activities during the calving season that would disrupt reproduction.
     • (b) Dogs are prohibited within one-quarter (1/4) mile of deer or elk production areas. Dogs within one-half (1/2) mile of deer or elk production areas shall be kenneled.
     • (c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County.