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Skagit County, WA Tree Protection: Protected Tree Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing sections
SCC 14.24.500(4), 14.24.520(3)
Designated nest/roost species
heron, osprey, woodpecker, swift, bat, swans
Bald eagle habitat
cooperative federal-state management plan required
Site assessment trigger
project within 200 feet of habitat area
Federal law referenced
Bald and Golden Eagle Protection Act
Max county penalty
up to $25,000 (Ch. 14.24 violation)

Summary

Skagit County's critical areas code designates nest and roost trees for great blue herons, ospreys, pileated woodpeckers and other priority species as protected fish and wildlife habitat, and requires a federally coordinated habitat management plan before altering habitat near a verified bald eagle nest or roost.

These county ordinances apply to unincorporated areas of Skagit County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(4) The following species and habitats have been designated on a site-specific basis according to the Washington Department of Fish and Wildlife Priority Habitats and Species List, 2023 or as amended, and/or the County’s List of Habitats and Species of Local Importance:

(a) Great blue heron nest sites;

(b) Vaux’s swifts communal roosts;

(c) Pileated woodpecker nest sites;

(d) Osprey nest sites; ... (3) Bald eagle habitats must be protected pursuant to the Federal Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, as revised; a cooperative habitat management plan must be developed in coordination with the U.S. Fish and Wildlife Service with support from the Washington Department of Fish and Wildlife whenever activities that alter habitat are proposed near a verified nest territory or communal roost.

Full Breakdown

500 designates fish and wildlife habitat conservation areas on a site-specific basis using the Washington Department of Fish and Wildlife's Priority Habitats and Species List and the county's own List of Habitats and Species of Local Importance. The designated list in Subsection (4) names great blue heron nest sites, Vaux's swift communal roosts, pileated woodpecker nest sites, osprey nest sites, Townsend big-eared bat communal roosts, cavity nesting duck breeding areas, trumpeter swan concentrations, harlequin duck breeding areas and waterfowl concentrations, all habitats that typically depend on standing trees for nesting or roosting.

500(3). S. Fish and Wildlife Service, with Washington Department of Fish and Wildlife support, whenever a project near a verified eagle nest territory or communal roost would alter habitat. 530 further protect the trees that supply shade, large woody debris and bank root reinforcement along salmon-bearing streams.

Violations & Fines

Altering a designated fish and wildlife habitat conservation area, including a protected-species nest or roost tree, without the required site assessment or habitat management plan violates SCC Chapter 14.24 and can draw an additional civil penalty of up to $25,000 under SCC 14.09.330(2)(b)(i), on top of federal liability under the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act for eagle habitat.

Frequently Asked Questions

Does Skagit County protect trees used as bald eagle nests?
Yes. SCC 14.24.520(3) requires bald eagle habitat to be protected under the federal Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act, and requires a cooperative habitat management plan with the U.S. Fish and Wildlife Service before habitat near a verified nest or roost can be altered.
What if I find a great blue heron nest tree on my property?
Great blue heron nest sites are listed as designated fish and wildlife habitat conservation areas under SCC 14.24.500(4), so a project within 200 feet of the site triggers a required habitat site assessment under SCC 14.24.520 before the tree or nearby vegetation can be disturbed.
Can a new species be added to Skagit County's protected habitat list?
Yes. SCC 14.24.500(3) lets an individual or organization nominate a species or habitat for local protection by showing declining population, sensitivity to habitat manipulation, or special commercial, game or public-appeal value, subject to Director review and a public hearing.

Sources & Official References

Other rules in Skagit County

All Skagit County rules

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