Chapter 18.08 CRITICAL AREAS

A. The city council finds that aquifer recharge areas, frequently flooded areas, geologically hazardous areas, wetlands, and fish and wildlife habitat conservation areas constitute critical areas that are of special concern to the city.

B. The following regulations are established pursuant to the critical areas requirements of Chapter 36.70 RCW, Growth Management Act. Use and improper use of areas defined by the state of Washington as critical to the public health, safety and welfare can result in increased local government costs. Sprawl and unwise development in areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life.

C. Some of these areas are critical because of the hazard they present to public health and safety; others are critical because of the values they represent to the public welfare (e.g., wetland and fish and wildlife habitat protection, control of floodwaters, preservation of water quality, preservation of open space). There are qualitative differences between and among critical areas. Not all critical areas are important for the same reasons; in some cases, the risk posed to the public by use or development of a critical area can be mitigated or reduced with proper engineering or design. In all cases, the current rights of landowners need to be weighed in comparison to the benefit/risk to public health, safety and welfare. (Ord. 1501 (part), 2020)

18.08.020 Applicability.

A. These provisions apply to all lands, all land uses, clearing and development activity, and all structures, facilities, or activities within a critical area or buffer, unless exempted, in the incorporated areas of the city of Goldendale, Washington; they are, in effect, a supplement to existing land use regulations. The provisions of this chapter shall apply whether or not a permit or authorization is required. Classifying, inventorying, and designating lands or areas does not imply a change in a landowner’s right to use his/her land under current law. However, developed permits may be conditioned or denied to ensure that the proposed action is consistent with this title, as well as current ordinances. This section applies to all permits or land use approvals issued by the city and grading/clearing activity as defined in Article II of this chapter. Grounds maintenance and routine weeding activity is not subject to this title.

B. Compliance with the provisions of this section does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, hydraulic project approval, Army Corps of Engineers Section 404 permits, national pollution discharge elimination system permits, Endangered Species Act compliance, etc.). The applicant is responsible for complying with these requirements, apart from the process established in this title.

C. If an applicant has already performed a critical areas review under other laws for other permitting agencies, the city will not require duplicate review but will consider whether the review previously taken, including mitigation conditions and any buffer requirements imposed, is satisfactory to comply with this chapter.

D. The city will utilize, in managing its critical areas, the best available science as suggested in agency guidelines prepared by the Department of Ecology, Department of Fish and Wildlife and other state agencies. (Ord. 1501 (part), 2020)

18.08.030 General exemptions.

The following activities shall be exempt from filing permits required by this chapter. Exempted activities authorized by the city shall be consistent with all policies and provisions set forth by this chapter and shall require written approval from the city where applicable.

A. Activities or uses conducted pursuant to Chapter 76.09 RCW (Forest Practices), except for Class IV timber harvest practices and WAC Title 222 (Forest Practices Board), whereby state law specifically limits local authority, except with regard to developments and conversions requiring local approval;

B. Existing agricultural and ongoing agricultural activities, defined as those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance, and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance, or repair of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state conservation program;

C. All reconstruction, normal and routine maintenance, operation, and repair of existing public and private right-of-way and utility infrastructure, and other existing structures or appurtenances; provided, that reconstruction of any such facility does not extend outside the previously disturbed area;

D. All normal and routine survey, control, or removal of noxious weeds as authorized by the Klickitat County noxious weed control board, unless temporary or permanent destruction of critical area habitat functions and values will occur;

E. Any project approved by the Washington State Department of Fish and Wildlife via hydraulic project approval (HPA) for restoration of an eroded or unstable stream bank or shoreline that employs principles of bioengineering; including limited use of rock as a stabilization only at the toe of a bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water;

F. Minimal site investigative work required by a landowner, local, state or federal agency, such as surveys, soil logs, percolation tests and other related activities. This does not include activities related to oil, gas, or mineral exploration and associated activities;

G. All normal and routine maintenance or repair of existing utility infrastructure or right-of-way;

H. Installation or construction improvements on existing city road rights-of-way, and replacement, operation or alteration of all electric facilities, lines, equipment or appurtenances, not including substations; water and sewer lines; and all natural gas, cable communications and telephone facilities, lines, pipes, mains, equipment or appurtenances;

I. Maintenance of artificially created wetlands or surface water systems, which were intentionally created on uplands, including irrigation and drainage ditches, grass-lined swales and canals, farm ponds and stock watering facilities, detention facilities, and landscape or ornamental amenities;

J. All emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance with this chapter when it is necessary to: (1) prevent an imminent threat to public health and safety; or (2) prevent imminent danger to public or private property. Restoration, rehabilitation, or replacement of a critical area damaged or altered by emergency activities shall be initiated within one year of the date of the emergency and completed in a timely manner.

K. This chapter applies to all grading activity which takes place on ten thousand square feet or more. For grading on four thousand to ten thousand square feet, a critical areas checklist will be filled out, which will be used to assess whether this chapter should be applied. If the activity will adversely impact the functions and values of critical areas, then this chapter applies as it would to any other activity involving over ten thousand square feet of grading. The purpose of this exemption is to allow activities which would otherwise be subject to this chapter, but which are unlikely to adversely impact the functions and values of critical areas, and so do not require additional mitigation under this chapter. (Ord. 1501 (part), 2020)

18.08.040 Nonconforming uses and structures.

Any regulated activity or use which was approved prior to the passage of the ordinance codified in this chapter and to which substantial resources have been committed pursuant to such approval but which do not conform to this chapter may be continued subject to the following:

A. No activity or use shall be permitted to expand, change, enlarge or alter in any way the extent of its current nonconforming operations without a permit issued pursuant to the provisions of this chapter.

B. If any nonconforming activity or use, excluding intermittent agricultural activities, is discontinued for a period of twelve months, any resumption of the activity or use shall conform to the provisions of this chapter.

C. If any nonconforming activity or use is destroyed by human activities or natural processes, it shall not be resumed again unless it conforms to the provisions of this chapter.

D. Activities or uses that are or become nuisances shall not be allowed to continue as nonconforming activities or uses. (Ord. 1501 (part), 2020)

18.08.050 Violations, enforcement, and penalties.

A. Noncompliance with any section of this chapter may result in enforcement actions. The city administrator, as administrator of this chapter, is authorized to enforce all of the provisions of this chapter. The city administrator may request the assistance of the police department and/or building department, and in such instances they shall have full powers pursuant to the Goldendale Municipal Code and other chapters to enforce this chapter. Any person or entity violating the provisions of this chapter is punishable pursuant to the procedures set forth in the Goldendale Municipal Code and Chapter 7.80 RCW.

B. Citizen complaints may be submitted to code enforcement. The complaint shall be submitted on violation/complaint forms provided by the code enforcement officer. The violation/complaint forms shall include sufficient factual information on which to substantiate the complaint and shall reference the sections of the code which have been violated. The form should be accompanied by any available, relevant evidence, such as photographs of the violation, maps and/or reports. (Ord. 1501 (part), 2020)

18.08.060 Appeals.

A. If a critical areas review is associated with a city permit, any appeal issues associated with critical areas review must be incorporated into a timely appeal of that permit, in accordance with the administrative appeal remedies available through the city municipal code.

B. If critical areas review is not associated with another city permit, then appeals of the final review decision may be filed by the applicant with the board of adjustment within fourteen calendar days of the date a final decision on critical areas code compliance is issued. (Ord. 1501 (part), 2020)

18.08.070 Severability.

If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this title or the application of its provisions to other persons or circumstances shall not be impaired or otherwise affected. The degree of risk protection as required by this chapter is considered reasonable for regulatory purposes and is based upon scientific and engineering considerations. (Ord. 1501 (part), 2020)

18.08.080 Liability.

This chapter does not imply that land outside of a critical area or use permitted within such areas will be free from exposure or damage by natural disasters. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this chapter or administrative decision lawfully made hereunder. Upon issuance of a permit, the permit holder is solely responsible to comply with other local, state and federal laws. (Ord. 1501 (part), 2020)

18.08.090 Reasonable use.

A. If the application of this section would result in the denial of all reasonable and economically viable use of the property, and if such reasonable and economically viable use of the property cannot be obtained by consideration of a variance, development may be allowed that is consistent with the general purposes of this section and the public interest. For purposes of this section, a “use” is a specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained. Reasonable use exceptions are intended as a last resort when no plan for mitigation and/or variance can meet the requirements of this chapter and allow the applicant a reasonable and economically viable use of his or her property.

B. An application for a critical area reasonable use exception shall be filed with the city. The application shall include information on how the criteria will be met, including a proposed mitigation plan. The city shall make a recommendation on whether the reasonable use exception shall be approved. The recommendation shall be based on the criteria listed below.

C. The city council shall issue a final decision after considering the city’s recommendation. The proposed use may be allowed; provided, that:

1. Application of this chapter would deny all reasonable use of the property;

2. There is no other reasonable use with less impact on the critical area;

3. The proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

4. Any alteration is the minimum necessary to allow reasonable use of the property;

5. Any authorized alteration of a critical area under this section shall require mitigation under an approved mitigation plan; and

6. Inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this section.

D. The city council shall make its decision at a public hearing. The decision will be based on information submitted to the city, and other relevant information. The hearing may be combined with other hearings or a permit application. All combined hearings shall be before the designated hearing body with the highest level of authority. (Ord. 1501 (part), 2020)

18.08.100 Critical area site assessment and review procedures.

A. Critical areas review is required for all development activities, permits, or land use approvals issued by the city and for certain grading/clearing activities that can impair the functions and values of critical areas or their respective buffers. When review is triggered because a land use approval or development permit is required, the review procedures of the other permit(s) or approval(s) will apply. If not otherwise required, all applications for critical areas review shall include a description of the proposed activity and a site plan showing the location of the proposed activity and associated area of disturbance in relation to all known critical areas.

B. Upon determination that the proposed activity triggers critical areas review, the city shall require the submission of a critical areas checklist, completed and filed by the applicant, on the forms provided by the city, which shall assist in the city administrator’s application determination, including whether the exemption for grading activity between four thousand and ten thousand square feet is applicable. The checklist shall include a list of questions concerning the location and significance of critical areas which may be on a particular property.

C. Upon receipt of the application, the city administrator shall determine whether the proposed activity fits within any of the activities allowed without standard review. If the proposed activity is so allowed and meets the associated conditions for such an allowance, no other critical areas review shall be required, except as necessary for the city to ensure that any conditions for such an allowance are met in practice. The developments, land use activities, and associated uses, as set forth below, are allowed without standard critical areas review; provided, however, that they are consistent with other applicable provisions of this chapter and other chapters of the Goldendale Municipal Code. All activities that do not require standard critical areas review shall be carried out in ways that cause the least impact to critical areas and their respective buffers. If any damage is caused to a critical area or buffer in connection with any such activity, the critical area and its buffer must be restored to the extent feasible. To be allowed without standard review does not give permission to destroy a critical area or ignore risk. Proponents of such activities shall be responsible for notifying the city if any damage occurs and shall provide all necessary restoration and mitigation.

1. Emergencies that threaten public health, safety, and welfare. An “emergency” is an unanticipated and imminent threat to the public health and safety or to the environment which requires immediate action within a period of time too short to allow full compliance with this chapter. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods that can address the emergency but also that have the least possible impact to the critical area or its buffer. The responsible party shall restore the critical area and the buffer after the emergency to the extent feasible. The person or agency undertaking such action shall notify the city within one working day or as soon as practical following commencement of the emergency activity. Following such notification, the city administrator shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the city administrator determines that the action taken or any part of the action taken was beyond the scope of allowed emergency actions, then the enforcement provisions of Section 18.08.050 shall apply.

2. Existing activities defined as ongoing agriculture on designated agricultural land, including related development and activities which do not result in expansion into a critical area or its buffer and which do not result in significant adverse impacts to a critical area or its buffer. New development and/or expansion of existing agricultural operations shall comply with both the substantive and procedural provisions of this chapter. Existing and ongoing agricultural activities that result in significant adverse impacts to a critical area or its buffer shall not be allowed without standard review under this chapter.

3. Normal and routine maintenance or repair of existing structures, utilities, sewage disposal systems, potable water systems, drainage facilities, detention/retention ponds, or public or private roads and driveways associated with preexisting residential or commercial development; provided, however, that any maintenance or repair activities shall use best management practices with the least amount of potential impact to the critical areas and any impact to a critical area or its buffer shall be restored after the maintenance to the extent feasible.

4. Normal maintenance, repair, or operation of existing structures, facilities, and improved areas accessory to a single-family residential use; provided, however, any maintenance or repair activities shall use reasonable methods with the least amount of potential impact to the critical areas and any impact to a critical area or its buffer shall be restored after the maintenance to the extent feasible.

5. Modification of an existing single-family residence that does not change the use from residential, does not expand the building footprint, and does not adversely impact critical areas or their buffers.

6. Modification of an existing structure other than a single-family residence which does not expand the building footprint, alter the use or increase septic effluent, and does not adversely impact critical areas or their buffers.

7. Education and scientific research activities which do not adversely impact critical areas or their buffers.

8. Site investigation work necessary for land use applications such as surveys, soil logs, and other related activities which do not adversely impact critical areas or their buffers. In every case, critical areas impacts shall be minimized and disturbed areas shall be immediately restored.

9. Maintenance activities such as mowing and normal pruning; provided, however, that such maintenance activities are limited to existing landscaping improvements and do not expand into critical areas or associated buffers, do not expose soils, do not alter topography, do not destroy or clear native vegetation, and do not diminish water quality or quantity.

D. Upon determination by the city administrator that the proposed activity is not allowed without standard review, and upon receipt of a completed critical areas checklist or a complete critical areas review application, the city administrator shall determine whether critical areas or their required buffers are within the distance specified in this chapter or may be affected by the proposed activity by reviewing the critical areas checklist together with the maps and other critical areas resources identified in the relevant sections of this chapter and by inspecting the site.

E. If the city administrator makes a determination that critical areas are present or otherwise affected, then the city administrator shall note this determination in the application file and the applicant shall be required to provide the critical areas site assessment, which shall be completed as follows:

1. The site assessment shall be prepared by a qualified professional for the type of critical area or areas involved and shall contain the information specified for each type of critical area. The qualified professional may consult with the city administrator prior to or during preparation of the site assessment to obtain city approval of modifications to the contents of the site assessment. A “qualified professional” shall be defined as an individual with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

2. The site assessment shall include:

a. Project description that includes a detailed narrative describing the project, its relationship to the critical areas and its potential impact to the critical areas; and

b. A copy of the site plan for the project proposal including a map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and

c. Identification and characterization of all critical areas and buffers adjacent to the proposed project area; and

d. An assessment of the probably cumulative impacts to critical areas resulting from development of the site and the proposed development; and

e. A description of efforts made to apply mitigation sequencing, as required by this section; and

f. A proposed mitigation plan including land use restrictions and landowner management, maintenance, and monitoring responsibilities; and

g. Regulatory analysis including a discussion of any federal, state, tribal, and/or local requirements, or special management recommendations which have been developed for species and/or habitats located on the site; and

h. If necessary, the designation of a maintenance corridor to provide an area for construction and maintenance of buildings and other structures. The standard width of the maintenance corridor shall be fifteen feet. This distance may be modified with approval from the city. The following may be allowed within the maintenance corridor area:

i. Landscaping with noninvasive species only;

ii. Uncovered decks;

iii. Building overhangs, if such overhangs do not extend more than eighteen inches into the setback area;

iv. Impervious ground surfaces, such as driveways and patios; provided, however, that such improvements may be subject to special drainage provisions adopted for the various critical areas; and

v. Trails.

3. In assessing whether a proposed development presents a significant risk of aquifer recharge area contamination, the city administrator may require the applicant, at the applicant’s expense, to provide hydrologic assessments by a qualified hydrologist, which shall document the presence of critical aquifer recharge areas, groundwater resources, and impacts and/or mitigation from proposed uses.

4. If necessary to ensure compliance with this chapter, the city administrator may require additional information from the applicant, separate from the critical areas site assessment. (Ord. 1501 (part), 2020)

18.08.110 Mitigation requirements.

A. General Mitigation. All proposed alterations to critical areas or associated buffers shall require mitigation sufficient to provide for and maintain the functions and values of the critical area to prevent risk from a critical areas hazard and shall give adequate consideration to the reasonable and economically viable use of the property.

B. Type and Location of Compensatory Mitigation. Unless the applicant can demonstrate that a higher level of ecological functioning would result from an alternative approach, compensatory mitigation for ecological functions shall be either in-kind and on site, or in-kind and within the same stream reach, subbasin, or drift cell (if estuarine wetlands are impacted). Compensatory mitigation actions shall be conducted within the same subdrainage basin and on the site of the alteration except when all of the following conditions apply:

1. There are no reasonable on-site or in subdrainage basin opportunities (e.g., on-site options would require elimination of high-functioning upland habitat), or on-site and in subdrainage basin opportunities do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts;

2. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland;

3. Off-site locations shall be in the same sub-drainage basin unless:

a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site; or

b. Credits from a state-certified wetland mitigation bank are used as compensation and the use of credits is consistent with the terms of the bank’s certification;

4. The design of the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape).

C. Mitigation Sequence. The sequence of mitigation is defined below:

1. Avoid the impact altogether by not taking a certain action or parts of an action;

2. Minimize the impacts by limiting the degree or magnitude of an action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity;

4. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;

5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and/or

6. Monitor the impact and take appropriate corrective measures.

D. Financial Assurance. The city shall require the mitigation proposed in the site assessment to be completed prior to final approval of the development permit. For all projects with an estimated mitigation cost of ten thousand dollars or more, the city shall require financial assurance which will guarantee compliance with the mitigation plan if the mitigation proposed in the site assessment cannot be completed prior to final approval of the development permit. Financial assurance shall be in the form of either a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution, with terms and conditions acceptable to the city prosecuting attorney, shall be in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions or construction, and shall be assigned in favor of the city of Goldendale. The term of the financial assurance shall remain in place until the required mitigation is complete. (Ord. 1501 (part), 2020)

18.08.120 Mitigation monitoring.

A. Monitoring Required. The city shall require applicants to monitor mitigation projects to ensure that the performance standards are satisfactorily met.

1. Monitoring reports shall be submitted to the city administrator in accordance with the monitoring timetables articulated in the mitigation plan or geotechnical report, typically over a period of ten years.

a. Monitoring should occur for at least five years from the date of plant installation and ten years where woody vegetation (i.e., a forested or shrub wetland) is the intended result.

b. The city administrator may reduce the time frame for monitoring to three years for small mitigation projects that involve limited critical area or buffer revegetation enhancement; provided, however, that this subsection shall not apply to wetland mitigation sites.

c. The city administrator may waive the monitoring requirement for structural improvements, such as retaining walls, foundations, or bulkheads, when located near critical areas or their buffers.

2. Schedule for Monitoring. Monitoring reports for mitigation projects shall be submitted every year, unless an alternative schedule is approved. A potential schedule for a ten-year monitoring period includes the submittal of reports in years one, two, five, seven, and ten.

3. Monitoring Report. Monitoring reports shall include sufficient information to document and assess the degree of mitigation success or failure, as defined by the performance standards articulated in the approved mitigation plan or geotechnical report. Information to be provided in monitoring reports shall include the following:

a. Methods used to document compliance with the performance standards;

b. Measurements of the percent survival of planted material, plant cover, stem density, presence of invasive species, and/or other attributes;

c. For sites that involve wetland creation, reestablishment or rehabilitation, hydrologic observation of soil saturation/inundation, as needed to demonstrate that a site meets the wetland hydrology criterion;

d. Representative photographs of the site;

e. A written summary of the overall site conditions and recommendations for maintenance actions, if needed; and

f. Other information that the city administrator deems necessary to ensure the success of the mitigation.

4. Projects that fail to meet monitoring objectives. For projects that fail to address the performance standards identified in the mitigation plan or geotechnical report, the city administrator may, among other options:

a. Require corrective mitigation measures; and/or

b. Extend the required monitoring period.

5. The permanent protection of mitigation areas or facilities shall be achieved through deed restriction and/or other protective covenant. (Ord. 1501 (part), 2020)

18.08.130 Alternatives to prescriptive buffers.

A. Intent. The city recognizes that in some cases it may not be possible to provide a critical area buffer that meets the dimensions prescribed by this chapter, due to land area or other constraints. The city further recognizes that in some cases the desired or better critical area protection can be achieved through alternative approaches.

B. In considering an application for any of these alternatives, it shall always be the primary intent of the city to protect the functions and values of the critical areas. It is further the intent of the city to ensure that the application of the provisions of this chapter does not deprive an owner from reasonable use of their property.

C. Any proposed use of the following alternatives shall be supported by analysis utilizing best available science to determine and minimize the impacts of the alternative.

D. Buffer Averaging. If characteristics of the property do not allow reasonable use with prescribed buffers, an applicant may request for the city to allow wetland and/or fish and wildlife conservation area buffer widths to be averaged, thereby reducing the width of a portion of the buffer and increasing the width of another portion. It is intended that the process for reviewing a buffer averaging proposal be as simple as possible, while ensuring that the following criteria are met:

1. The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging;

2. No part of the width of the buffer is less than seventy-five percent of the required width;

3. The applicant demonstrates that such averaging will clearly provide greater protection of the functions and values of critical areas than would be provided by the prescribed habitat buffers;

4. The averaging will not result in reduced buffers next to highly sensitive habitat areas; and

5. The applicant demonstrates all of the following:

a. Buffer averaging is necessary to accommodate existing conditions, such as topography, existing roads, public facilities, or similar features that prevent reasonable development in compliance with standard buffers;

b. That only low intensity uses would be located within two hundred feet of areas where the buffer width is reduced, and that such low intensity use restrictions are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism;

c. That buffer averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;

d. Averaging will not impair or reduce the habitat, water quality purification and enhancement, stormwater detention, groundwater recharge, shoreline protection, erosion protection, and other functions of the wetland and buffer as demonstrated by a report from a qualified water professional; and

e. There are no feasible site design alternatives that could be accomplished without buffer averaging.

E. Physical Separation--Functional Isolation. Buffer areas which are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from buffers otherwise required by this chapter. Functional isolation can occur due to existing public roads, structures, vertical separating, or any other relevant physical characteristic or existing impervious surface. The city may require a biological site assessment to determine whether the buffer is functionally isolated.

F. Habitat Management Plan. A habitat management plan (HMP) may be prepared when it can clearly be demonstrated that greater protection of the functions and values of critical areas can be achieved through the HMP than could be achieved through providing the prescribed habitat buffers. A habitat management plan may be used as a means to protect wetland and/or fish and wildlife habitat conservation area buffers. Habitat management plans may not be used to reduce the water quality buffers for wetlands and/or fish and wildlife habitat conservation areas. (Ord. 1501 (part), 2020)

18.08.140 Variances.

A. Variances to reduce the prescribed habitat buffers for wetlands and/or fish and wildlife habitat conservation areas may be considered. Variances may not be used to reduce the prescribed water quality buffers for wetlands and/or fish and wildlife habitat conservation areas.

1. Applicability. An applicant may seek a variance from habitat buffer standards for wetlands or fish and wildlife habitat conservation areas, where application of the standards renders compliance with these provisions an unnecessary hardship. A variance is authorized primarily for relief from wetland and stream habitat buffer averaging. A variance will not be allowed for reduction of the water quality buffers. Alterations specific to wetlands and streams and their water quality buffers are processed pursuant to a reasonable use exception.

2. A variance may be granted when it can be shown that the application meets all of the following criteria:

a. Special circumstances applicable to the subject property, including size, shape or topography, and the strict application of this chapter is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity; and

b. The special circumstances referred to in subsection (A)(2)(a) of this section are not the result of the actions of the current or previous owner; and

c. The granting of the variance will not result in substantial detrimental impact to the critical area, public welfare or be injurious to the property or improvements in the vicinity and area in which the property is situated; and

d. The granting of the variance is the minimum necessary to accommodate the permitted use; and

e. No other practicable or reasonable alternative exists; and

f. A mitigation plan has been submitted and is approved for the proposed use of the critical area; and

g. If structures are the approved use for which the variance is applied, the structures shall be no greater than the minimum size necessary to accommodate the permitted use; and

h. Retention of existing native or equivalent vegetation in other portions of the site is provided in order to offset habitat loss from buffer reduction; and

i. A habitat management plan has been prepared, unless it is determined through the applicable review process that such a plan is unnecessary.

B. Requests for variances shall include the application requirements and payment of a prescribed application fee.

C. The city shall administratively review variances based on the criteria and standards referenced in this section.

D. The city may grant a variance from the substantive or procedural requirements of this chapter for the development of public utilities when:

1. The application of the requirements of this chapter would be inconsistent with the comprehensive plan or the city’s public service obligations; and

2. The proposed utility activity does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and

3. Any alterations to critical areas and buffers are the minimum necessary to reasonably accommodate the proposed utility activity and any impacts are mitigated.

E. Reasonable Economic Use Variance.

1. Generally. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner, upon a denial of a permit due to the requirements of this chapter, may apply for a reasonable economic use variance.

2. Burden of Proof. The property owner and/or applicant for a reasonable economic use variance shall bear the burden of proving that the property is deprived of all reasonable economic use.

3. Board of Adjustment Hearing Process. The board of adjustment shall conduct a public hearing on the variance request. All decisions of the board of adjustment shall be final and conclusive. Public notice shall be provided as follows:

a. The city shall arrange for at least one publication of the notice of hearing to appear in a newspaper of general circulation within the county at least ten calendar days before the hearing. Payment of all publication fees shall be the responsibility of the applicant.

b. The city shall send notice to adjacent land owners advising them of the hearing. The notice shall be mailed to the owners of record of all property situated within three hundred feet of the property at issue, at least ten calendar days before the public hearing. Names and addresses of adjacent property owners shall be provided to the city by the applicant, subject to the city approval.

c. All hearing notices shall include a legal description of the property involved, and a concise description of the variance requested in lay language.

4. Board of Adjustment Hearing Required Findings. A reasonable economic use variance may be granted only when the board of adjustment finds that the application meets all of the following criteria:

a. No reasonable economic use with less impact on the critical area or its buffer is possible.

b. There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to critical areas or associated buffers. Feasible on-site alternatives shall include, but are not limited to:

i. Reduction in density, scope, scale, or intensity;

ii. Phasing of project implementation;

iii. Change in timing or activities; and

iv. Revision of road and parcel layout or related site planning considerations.

c. The proposed variance will result in the minimum feasible alteration or impairment to the critical area functional characteristics and existing contours, vegetation, fish and wildlife resources, and hydrological conditions.

d. Disturbance of critical areas has been minimized by locating any necessary alteration in critical area buffers to the minimum extent possible.

e. The proposed variance will not cause degradation to surface or groundwater quality.

f. The proposed variance complies with all federal, state, and local statutory and common law, including the Endangered Species Act, and statutory laws related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal, and common law relating to property and nuisance.

g. There will be no material damage to nearby public or private property and no material threat to the health and safety of people on or off the property.

h. The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of the regulations codified in this chapter.

5. Conditions.

a. In granting approval for reasonable economic use variances, the board of adjustment may require mitigating conditions.

b. In granting approval for reasonable economic use variance involving designated wetlands, the board of adjustment shall consider the following mitigating conditions:

i. Provisions of a mitigation plan demonstrating how the applicant intends to substantially restore the site to predevelopment conditions following project completion; and

ii. The restoration, creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant’s actions; the overall goal of any restoration, creation or enhancement project shall be no net loss of wetlands function and acreage.

6. Performance Bond. The city administrator may require a performance bond of one hundred twenty percent of the cost of the outstanding work items to be accomplished.

F. Pilot Projects. The city council may, by resolution, establish a site-specific pilot project in partnership with an applicant that encourages the applicant to undertake creative, nonstandard efforts that were not envisioned during the development of this chapter, but through which a greater conservation of critical areas will be achieved; provided, that such project will satisfy the intent of this chapter. (Ord. 1501 (part), 2020)

18.08.150 Best available science.

A. The best available science is that scientific information applicable to the critical areas prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.

B. Critical areas reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve anadromous fish, such as salmon and bull trout, and their habitat.

C. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government’s regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the planning official will determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows:

1. Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer reviewed;

2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer reviewed to ensure their reliability and validity;

3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;

4. Qualitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;

5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and

6. References. The assumptions, analytical techniques, and conclusions are well referenced with citation to relevant, credible literature and other pertinent existing information.

D. Nonscientific Information. Nonscientific information may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. Common sources of nonscientific information include the following:

1. Anecdotal Information. One or more observations that are not part of an organized scientific effort.

2. Nonexpert Opinion. Opinion of a person who is not a qualified scientific expert in a pertinent scientific discipline.

3. Hearsay. Information repeated from communication with others.

E. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the city shall:

1. Take a precautionary or a no-risk approach that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and

2. Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:

a. Address funding for the research component of the adaptive management program;

b. Change course based on the results and interpretation of new information that resolves uncertainties; and

c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. (Ord. 1501 (part), 2020)

ARTICLE II. DEFINITIONS

18.08.160 Definitions.

For purposes of this title, the following words shall have the definitions as set out below:

A. “Applicant” means any person, public agency, or business entity such as a corporation or partnership which applies for a development proposal, permit, or approval subject to review under this chapter.

B. “Buffer” means that area which surrounds and protects a critical area from adverse impacts to the functions and values of that area. Buffers are to be maintained in their natural condition and are to remain undisturbed, except that activities in buffer areas that enhance fish and wildlife conservation areas are permitted.

C. “Classification” means defined categories to which critical areas are assigned.

D. “Critical aquifer recharge areas” (CARA) are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.

E. “Critical areas” includes the following areas and ecosystems:

1. Wetlands;

2. Critical fish and wildlife habitat conservation areas;

3. Geologically hazardous areas;

4. Areas with a critical recharging effect on aquifers used for potable water, referred to in this chapter as critical aquifer recharge areas; and

5. Frequently flooded areas.

F. “Designation” means the identification of particular lands for classification. For planning purposes, designation establishes: a classification scheme, general land distribution and location, and extent of land use.

G. “Erosion hazard areas” are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones.

H. “Fish and wildlife habitat conservation areas” are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness.

I. “Flood” means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

J. “Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas are further defined in Article VII of this chapter.

K. “Geologically hazardous areas” are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.

L. Habitat of Local Importance. A habitat is of local importance if a species of local importance has a primary association with it.

M. “Landslide hazard areas” are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

O. “Mitigation” means active steps taken to avoid, minimize, or compensate for adverse impacts upon the functions and values of critical areas. In some cases, this chapter will specify the required mitigation, such as providing for buffer widths. In other instances, the applicant will develop mitigation. One or all of the below measures may be taken to address project impacts. The measures are listed in the preferred mitigation order:

1. Avoiding the impact altogether by not taking a certain action or part(s) of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4. Reducing the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures.

P. “Ordinary high water mark (OHWM)” is that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.

Q. “Performance standards” means a measure, control, procedure, or process which ensures the protection or preservation of critical areas.

R. Primary Association. Areas in which a species has a primary association are those areas in which there is a high relative density or species richness, and the area is significant for providing breeding habitat, winter range, or movement corridors.

S. “Qualified professional” means an accredited or licensed professional with a combination of education and experience in a discipline appropriate for the subject matter that is being commented on; someone who would qualify as an expert in their field.

T. “Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.

U. Species of Local Importance. A species is of local importance if its population is vulnerable (i.e., it is endangered, threatened or sensitive), it is vulnerable to habitat manipulation, or it is a game species. The species must also be native or indigenous to Washington State.

V. “Volcanic hazard areas” shall include areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

W. “Waters of the state” means all salt waters and fresh waters waterward of ordinary high water lines and within the territorial boundaries of the state.

X. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.

Y. “Wetland functions and values” means the beneficial roles served by wetlands that may include but are not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; and aesthetic value protection. (Ord. 1501 (part), 2020)

ARTICLE III. WETLANDS

18.08.170 Purpose.

The purpose of this article is to provide standards for classification and designation of wetlands; and provide guidance for protecting those wetlands necessary to maintain the public health, safety, and welfare (e.g., wetlands that lend to reduction of erosion, saturation, flooding, ground and surface water pollution, recharge streams and aquifers, and provide habitat for fish and wildlife). (Ord. 1501 (part), 2020)

18.08.180 Classification, designation, and delineation.

A. Approximate wetland locations shall be identified using National Wetlands Inventory maps, information furnished by the applicant (per a checklist provided by the city, and/or other information provided by qualified professionals or agencies), and through a site visit and/or site assessment in compliance with WAC 173-22-035.

B. The city uses the Department of Ecology’s (DOE’s) Washington State Wetland Rating System for Eastern Washington, 2014, or as amended hereafter and adopted by the city, to categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios for wetlands.

C. The city uses the United States Army Corps of Engineers 1987 Wetland Delineation Manual and the 2008 regional supplement for the Arid West Region (Version 2.0), or as amended hereafter and adopted by the city, for the identification of wetlands and the delineation of their boundaries.

D. Regulated Wetlands.

1. All natural wetlands that meet the criteria in the Washington State Wetland Identification and Delineation Manual and are greater than one thousand square feet.

2. Unintentionally created wetlands that meet the criteria in the Washington State Wetland Identification and Delineation Manual.

3. Wetlands intentionally created from nonwetland area to mitigate conversion of other wetlands.

4. Wetlands less than or equal to one thousand square feet if the wetland is associated with a riparian corridor or is part of a wetland mosaic, or contains habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife.

E. Nonregulated Wetlands.

1. Wetlands less than or equal to one thousand square feet if the wetland is not associated with a riparian corridor or is not part of a wetland mosaic, or does not contain habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife.

2. Created Wetlands. Wetlands created intentionally from a nonwetland site that was not required to be constructed as mitigation for adverse wetland impacts. These may include, but are not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment ponds, farm ponds not contiguous, as defined in this chapter, and landscape amenities. The applicant shall bear the burden of proving that the wetland was intentionally created from a nonwetland site. Where enhancements or restorations are made to wetlands for purposes other than mitigation, the original rating shall be maintained even if the changes would otherwise result in a higher classification.

3. Road Construction Related Wetlands. Wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. The applicant shall bear the burden of proving that the wetland meets these criteria. (Ord. 1501 (part), 2020)

18.08.190 Wetlands classification.

A. Wetland classification shall use the Department of Ecology’s Washington State Wetland Rating System for Eastern Washington, Revised Version 2014. Wetlands over two thousand five hundred square feet shall be classified consistent with the below definitions:

1. Category 1 wetlands are those that (a) represent a unique or rare wetland type; or (b) are more sensitive to disturbance than most wetlands; or (c) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (d) provide a high level of functions. The risk of any degradation to these wetlands must be avoided because these wetlands have functions and values that are too difficult to replace. In general, these wetlands are not common and make up a small percentage of the wetlands in the region. In Eastern Washington, the following types of wetlands are Category I: alkali wetlands, wetlands of high conservation value, bogs and calcareous fens, mature and old-growth forested wetlands with slow growing trees, forests with stands of aspen, and wetlands that perform functions at high levels, with twenty-two points or more under the DOE’s rating system.

2. Category 2 wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but still need a relatively high level of protection. Category II wetlands in Eastern Washington include: forested wetlands in the floodplains of rivers, mature and old-growth forested wetlands with fast growing trees, vernal pools, and wetlands that perform functions well, between nineteen and twenty-one points under the DOE’s rating system.

3. Category 3 wetlands are wetlands with a moderate level of functions, with scores between sixteen and eighteen points under the DOE’s rating system, and can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between sixteen and eighteen points generally have been disturbed in some ways, and are often less diverse or more isolated from other natural resources in landscapes than Category II wetlands.

4. Category 4 wetlands have the lowest levels of functions, with scores less than sixteen points under the DOE’s rating system, and are often heavily disturbed. These are wetlands that are reasonably replaceable and, in some cases, relatively improvable. Replacement, however, cannot be guaranteed. Overall, these wetlands may provide some important functions and need to be protected.

B. If a proposal is located within three hundred feet of a wetland, the applicant shall provide the following reports prior to development authorization:

1. Wetland boundary delineation/survey;

2. Wetland rating; and

3. Wetland mitigation plan if the proposed development will encroach upon a wetland or its buffer.

C. If it is determined that a proposed development is not within three hundred feet of a wetland, then the proposed development will not be reviewed for impacts to wetlands under this chapter. (Ord. 1501 (part), 2020)

18.08.200 Activities allowed in wetlands.

The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in Section 18.08.100, and do not require submission of a report, except where such activities result in the loss to the functions and values of a wetland and wetland buffer. These activities include:

A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of existing wetland.

B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources.

C. Allowed Uses in Wetlands and Wetland Buffers. In general, activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and values of the wetland and other critical areas. The following activities may be permitted within wetlands or their buffers but shall comply with Section 18.08.100:

1. Roads, Bridges, and Utilities. Road, bridge, and utility construction may be permitted across Category I wetlands and/or their buffers only with a variance in accordance with Section 18.08.140, and across Category II, III, and IV wetlands and/or their buffers under the following conditions:

a. It is demonstrated to the city that there are no alternative routes that can be reasonably used to achieve the proposed development; and

b. The activity will have a minimum adverse impact to the wetland area; and

c. The activity will not significantly degrade surface or groundwater; and

d. The intrusion into the wetland and its buffers is fully mitigated.

2. Low impact uses and activities which are consistent with the purpose and function of the buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland involved; provided, however, that such activity shall not result in a decrease in wetland functions and values and shall not prevent or inhibit the buffer’s recovery to at least prealtered condition or function. Examples of uses and activities which may be permitted in appropriate cases, as long as the activity does not retard the overall recovery of the buffer, include:

a. Removal of noxious vegetation;

b. Pedestrian trails, so long as they are limited to permeable surfaces no more than five feet in width. Trails should not be permitted in wetlands except for minor crossings that minimize impact. Trails should be located only in the outer twenty-five percent of a wetland buffer and should be designed to avoid removal of significant trees; and

c. Viewing platforms less than two hundred square feet, which may be covered but not enclosed. (Ord. 1501 (part), 2020)

18.08.210 Wetland buffers.

A. An applicant may request to average the width of a wetland buffer, thereby reducing the width of a portion of the buffer and increasing the width of another portion, if all of the following requirements are met:

1. The wetland has significant differences in characteristics that affect its habitat functions, such as wetland with a forested component adjacent to a degraded emergent component, or a “dual-rated” wetland within a Category I area adjacent to a lower rated area.

2. The buffer is increased adjacent to the higher functioning habitat area or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion.

B. An applicant shall provide the prescribed buffers in this section unless a reasonable use exception is granted.

C. Buffers shall remain undisturbed natural vegetation areas except where the buffer can be enhanced to improve its functional attributes. Any buffer enhancement and/or limited view clearing activity must be reviewed and approved by the city. No refuse shall be placed in the buffer. Alteration of habitat buffer areas may be allowed for water-dependent and water-related activities and for development.

D. If a wetland meets more than one of the criteria listed in each table, the buffer needed to protect the wetland is the widest one.

E. The following buffering widths are to be compared to project-specific requirements set forth by the Department of Ecology’s buffering requirements for Eastern Washington:

Width of Wetland Buffers
Wetland Category	Width of Buffer
I	250 feet
II	200 feet
III	150 feet
IV	50 feet

(Ord. 1501 (part), 2020)

18.08.220 Wetland mitigation.

A. Mitigation of wetland losses and impacts shall be in the following descending order of preference:

1. Complete restoration.

2. In-kind replacement in the same functional area.

3. In-kind replacement outside the area.

4. Out-of-kind replacement inside the area.

5. Out-of-kind replacement outside the area.

B. Wetland Mitigation Plan.

1. The alteration of wetlands shall require the creation, restoration, or enhancement of wetlands to provide equivalent or greater functions and values.

2. The wetland mitigation plan shall identify how the proposed mitigation will adequately mitigate for the loss of wetland area and function at the impact site.

3. If mitigation is located off site, the wetland mitigation plan shall assess whether an appropriate location has been identified to adequately replace lost wetland functions at the site of impact. The mitigation plan will evaluate the site to assess if a site has a high likelihood of success due to an adequate source of water, ability to control invasive species, appropriate adjacent land uses and development pressures, adequate buffer, connectivity to other habitats and other relevant factors.

C. Alteration or replacement of wetlands shall require the creation, restoration or enhancement of wetlands to provide equivalent or greater area, functions and values. The below standard ratios shall apply to the creation of new wetlands or restoration of former wetlands. The first number specifies the area of wetlands requiring replacement and the second number specifies the area of wetlands altered. When impacts to wetlands are mitigated by enhancement of existing significantly degraded wetlands, the ratio shall generally be higher for creation or restoration because enhancement does not replace wetland area and only improves some wetland functions. Applicants proposing to enhance wetlands must identify how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. The following ratios are to be compared to project-specific requirements set forth by the Department of Ecology’s requirements for Eastern Washington:

Ratios of Wetland Mitigation
Wetland Category	Reestablishment or Creation	Rehabilitation	Wetland Enhancement
I (based on score functions)	4:1	8:1	16:1
II	3:1	6:1	12:1
III	2:1	4:1	8:1
IV	1.5:1	3:1	6:1

1. The standard replacement ratio may be decreased under the following circumstances:

a. Findings of special studies coordinated with agencies and/or under qualified individuals with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio.

b. In all cases, a minimum acreage replacement ratio of one to one shall be required.

2. The standard replacement ratio may be increased under the following circumstances:

a. High degree of uncertainty as to the probable success of the proposed restoration or creation;

b. Significant period of time between destruction and replication of wetland functions;

c. Projected losses in functional value; and/or

d. Off-site compensation.

D. The applicant shall develop a plan that provides for land acquisition, construction, maintenance, and monitoring of replacement/compensatory wetlands. Mitigation shall be completed prior to wetland destruction or concurrent with development. Any restored, created, purchased, or enhanced wetland shall be maintained as a wetland in perpetuity. All wetland restoration, creation and/or enhancement projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action must be approved by the city prior to commencement of any wetland restoration, creation or enhancement activity. (Ord. 1501 (part), 2020)

ARTICLE IV. FISH AND WILDLIFE HABITAT CONSERVATION AREAS

18.08.230 Purpose.

The purpose of this article is to provide standards for classification and designation of critical fish/wildlife habitat conservation areas; and provide guidance for protecting those critical fish/wildlife habitat conservation areas necessary to maintain the public health, safety, and welfare. (Ord. 1501 (part), 2020)

18.08.240 Classification and designation.

A. Critical Wildlife Habitat Conservation Areas.

1. Areas with which known federal or state endangered, threatened, or sensitive species have a primary association;

2. Habitats of local importance (this is a habitat in which a species of local importance has a primary association);

3. Areas designated by the Washington State Department of Natural Resources as state natural area preserves and natural resource conservation areas.

B. Critical Fish Habitat Conservation Areas.

1. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat;

2. Waters of the state as defined in WAC Title 222;

3. Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity.

C. Mapping.

1. Those lands which meet the established criteria for critical fish and wildlife habitat conservation areas are to be designated as such. Critical fish and wildlife habitat conservation areas identified through the permitting process shall be mapped and shall provide guidance in the land use decision-making process. All sites which maintain critical fish/wildlife habitat conservation areas, which are not mapped, shall be subject to critical fish/wildlife habitat conservation area review.

2. The identification and location of habitats and species of local importance shall be based upon scientifically valid methods and studies, which may include materials submitted by the applicant, Washington State Department of Fish and Wildlife priority habitats and species database maps, or other appropriate methods and studies.

3. The approximate location and extent of these areas is displayed on inventory maps available at City Hall. Maps and inventory lists are guides to the general location and extent of critical areas. Critical areas not shown are presumed to exist, and are protected under all the provisions of this chapter. In the event that the designations shown on the maps or inventory lists conflict with the site-specific conditions, site-specific conditions shall control. (Ord. 1501 (part), 2020)

18.08.250 Performance standards.

A. Wildlife and Fish Habitat Conservation Areas.

1. Where a project is proposed within a wildlife and fish habitat conservation area, and habitat functions and values are likely to be impaired by the project, a habitat management plan will be required, unless the exception noted below is met. The limits of development and other related activities within the conservation area shall be based on the recommendations of the plan. The plan shall be prepared by a qualified professional and take into account the most recent state and federal listings and WDFW management recommendations. However, a plan is not required if the applicant places a particular emphasis on protecting a conservation area by avoiding the impact caused by not taking a certain action(s) or part(s) of an action, or by minimizing impacts through limiting the magnitude of the action and its implementation. If complex mitigation which requires the expertise of a qualified professional is necessary, a habitat management plan will be required.

2. Activities may be permitted within a conservation area subject to conditions designed to avoid probable, significant adverse impacts to the conservation area and to protect the functions and values of the conservation area; provided, that the city may deny a project if probable significant impacts to the conservation area cannot be avoided or if critical area function and value cannot be protected with mitigation.

B. Riparian Buffer. Riparian buffers apply only to streams and rivers.

1. Riparian areas are areas adjacent to rivers and streams that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. Widths shall be measured from the ordinary high water mark or from the top of the bank if the ordinary high water mark cannot be identified. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.

2. Standard Riparian Buffers Measurement. Riparian buffer areas shall be measured horizontally in a landward direction from the ordinary high water mark. Where lands adjacent to a riparian area display a continuous slope of twenty-five percent or greater, the buffer shall include such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer shall be extended to a point twenty-five feet beyond the top of the bank of the sloping area.

a. For purposes of this section, “waters” shall have the definitions set forth in WAC 222-16-031.

b. Artificially created structures, ditches, canals, ponds, irrigation return ditches, and stormwater channels shall not be considered streams for purposes of this section.

3. Standard Riparian Buffer Width. Riparian areas have the following standard buffer widths:

DNR Water Type	Riparian Buffer
Shorelines of the state (Type S streams)	250 feet
Fish-bearing streams (Type F) greater than 5 feet wide*	150 feet
Type F streams less than 5 feet wide*	150 feet
Non-fish-bearing streams with low mass wasting potential (Type Ns)	150 feet
Type Ns streams with mass wasting potential	225 feet
*Bankfull width of the defined channel (WAC 222-16-010).

4. Riparian vegetation in buffers shall not be removed, with the exception that a view/access corridor to the OHWM may be cleared to a width not to exceed twenty-five feet if habitat values will not be impacted and/or mitigation will be unaffected. If the functions and values of critical areas are impaired, mitigation will be imposed, such as widening the riparian buffer at the same location, or widening or enhancing the buffer at another location.

5. Where a buffer has been previously established through a city development review and is permanently recorded on title or placed within a separate tract or easement, the buffer shall be as previously established. Additional review may be requested by the applicant or required by the city to determine whether or not conditions on the site have changed in the previously established buffer no longer being applicable. Buffers shall be delineated on all permits.

D. Anadromous Fish.

1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:

a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species;

b. An alternative alignment or location for the activity is not feasible;

c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas;

d. Shoreline erosion control measures shall be designated to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and

e. Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report.

2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.

3. Fills, when authorized by the locally adopted shoreline management program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water-dependent use. (Ord. 1501 (part), 2020)

18.08.260 Fish and wildlife mitigation.

Wildlife habitat management plans shall meet the following criteria:

A. Plans shall be prepared by a qualified professional, at the expense of the applicant;

B. Relevant background information, including WDFW management recommendations, shall be documented and considered;

C. Critical fish/wildlife habitat conservation areas shall be delineated if applicable;

D. The size, scope, configuration or density of new uses and developments within a core habitat and wildlife buffer zone shall be designated to protect threatened, endangered, or sensitive wildlife species, and habitats and species of local importance. The timing and duration of uses and developments may be regulated to ensure that they do not occur during a time of year when species are sensitive to disturbance;

E. Developments shall be generally discouraged within critical wildlife/fish habitat conservation areas. Any development permitted shall be mitigated as outlined in Section 18.08.220(A) and (B). Development may be conditionally authorized when the critical wildlife and fish habitat conservation area is inhabited seasonally; provided the development will have only temporary effects on the wildlife buffer zone and rehabilitation and/or enhancement will be completed before a particular species returns;

F. If rehabilitation and enhancement actions are required, they shall be documented in the wildlife management plan and shall include a map and text;

G. The plan shall include an analysis of the effect of the proposed use or activity upon critical wildlife and fish habitat conservation areas;

H. The plan shall explain how the applicant will avoid, minimize or mitigate adverse impacts to critical wildlife and fish habitat conservation areas created by the proposed use or activity. Mitigation measures within the plan may include, but are not limited to:

1. Establishment of buffer areas;

2. Preservation of critically important plants and trees;

3. Limitation of access to habitat area;

4. Seasonal restriction of construction activities;

5. Conservation easements;

I. The plan shall incorporate WDFW management recommendations, the use of scientifically valid methods, and studies in the analysis of data and field reconnaissance. (Ord. 1501 (part), 2020)

ARTICLE V. GEOLOGICALLY HAZARDOUS AREAS

18.08.270 Purpose.

The purpose of this chapter is to provide standards for classification and designation of significant geologically hazardous areas and provide guidance for reducing or mitigating hazards to public health and safety. Geologically hazardous areas shall be designated consistent with the definitions provided in WAC 365-190-030 and 365-190-120. These include areas susceptible to the effects of erosion, sliding, earthquake, or other geologic events. They pose a threat to the health and safety of citizens when incompatible residential, commercial, industrial, or infrastructure development is sited in areas of a hazard. Geologic hazards pose a risk to life, property, and resources when steep slopes are destabilized by inappropriate activities and development or when structures or facilities are sited in areas susceptible to natural or human-caused geologic events. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction practices so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building and other construction in, above, and below geologically hazardous areas should be avoided. (Ord. 1501 (part), 2020)

18.08.280 Classification and designation.

A. All geologically hazardous areas shall be divided into one of the following risk categories: erosion, landslide, seismic, volcanic, or mine hazard areas.

1. Erosion. Those areas identified as likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Erosion hazard areas may also include coastal erosion areas.

2. Landslide. Those areas identified as subject to landslides based on a combination of geologic, topographic, and/or hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, and include, at a minimum, the following:

a. Areas of historic failure, such as:

i. Those areas delineated by the United States Department of Agriculture Natural Resources Conservation Service as having a significant limitation for building site development;

ii. Those coastal areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) in the Department of Ecology Washington Coastal Atlas; or

iii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Washington Department of Natural Resources;

b. Areas with all three of the following characteristics:

i. Slopes of fifteen percent or greater;

ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

iii. Springs or groundwater seepage;

c. Areas that have shown movement during the Holocene epoch (from ten thousand years ago to the present) or which are underlain or covered by mass wastage debris of this epoch;

d. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;

e. Slopes having gradients steeper than eighty percent subject to rockfall during seismic shaking;

f. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones;

g. Areas that show evidence of, or are at risk from, snow avalanches;

h. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

i. Any area with a slope of forty percent or steeper and with a vertical relief of ten or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief.

3. Seismic. The city of Goldendale is located within a Class Type C seismic zone, with no known active faults. All new development shall conform to the applicable provisions of the International Building Code which contain structural standards and safeguards to reduce risks from seismic activity.

4. Volcanic. Areas subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. In the city of Goldendale, volcanic risk is low, although ashfall could be expected during a volcanic event.

5. Mines. The likelihood of the presence of underground mines within the city is believed to be remote.

B. Those lands which meet the established criteria for geologically hazardous areas are to be designated as such. Geologically hazardous areas identified through the permitting process shall be mapped and shall provide guidance in the land use decision-making process. All sites which maintain geologically hazardous areas, including those geologically hazardous areas which are not mapped, shall be subject to geologically hazardous areas review so stated in this article. (Ord. 1501 (part), 2020)

18.08.290 Site assessment requirements.

A. Upon receipt of a complete development application, USGS topographic maps, Washington DNR geologic hazard maps, and NRCS soil information shall be reviewed to determine if the proposed development activity is in or within two hundred feet of a known or suspected risk, or within a distance from the base of a landslide hazard area equal to the vertical relief, and that the geologic condition may pose a risk to life and property or other critical areas on and off the project area. If the proposed site is in or within the prescribed distance from a geologically hazardous area, the applicant shall be responsible for securing the services of a professional engineer/geologist to prepare a geologic hazard site assessment, who shall provide information as follows:

1. A site plan depicting the height of slope, slope gradient, and cross section indicating the stratigraphy of the site. The site plan shall indicate the location of all existing and proposed structures and any significant geologic features such as outcrops, springs, seeps, ponds, streams, or other water bodies; and

2. An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties. Soils shall be described in accordance with the Unified Soil Classification System; and

3. A description of load intensity, surface and groundwater conditions, public and private sewage disposal systems, fills and excavations, and all structural development; and

4. A description of the extent and type of vegetative cover including trees; and

5. For potential landslide hazard: estimate slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure. Quantitative analysis of slope stability or slope stability modeling may be required by the city; and

6. Additional site assessment elements may be required by the city.

B. Properties containing geologically hazardous conditions, as identified by the city administrator and the qualified professional, shall require a geologically hazardous area mitigation plan with conditions based on the best available science, and which may include the following:

1. Establishment of buffer zones;

2. Preservation of critically important vegetation and/or habitat features;

3. Limitation of access to the habitat area, including fencing to deter unauthorized access;

4. Seasonal restricting of construction activities;

5. Establishment of a duration and timetable for period review of mitigation activities; and

6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation.

C. Proposed developments shall be designed in accordance with the requirements of the International Building Code as written now or hereafter amended when a geologically hazardous area is found on or near the proposed development.

D. Development sites for new structures identified with intermittent or perennial stream-side incision or erosion points shall have all structures located a minimum of one hundred feet away from such points.

E. Any disturbance to erosion hazard areas will require revegetation and stabilization with native plant materials. (Ord. 1501 (part), 2020)

18.08.300 Submittal requirements.

A. All Geologically Hazardous Areas and Buffers.

1. Indemnification. An indemnification or hold harmless agreement shall be required for all projects in geologically hazardous areas and buffers except erosion hazard areas. The form of agreement shall be approved by the city and executed prior to the commencement of construction or site alteration.

2. Notice. If no other public notice is required for a proposed development located in a landslide hazard area, a notice of intent to construct on a landslide hazard area shall be given.

3. All reports or analyses required or prepared pursuant to this section shall be prepared and shall meet the satisfaction of and be approved by the city prior to the commencement of any development activity.

4. Mitigation Plans. The city may determine that a mitigation plan is necessary. The mitigation plan shall propose, and the city may approve, appropriate mitigation measures, which may include, among others, removal of groundwater, vegetation management, and/or construction of bulkheads or retaining walls. No mitigation plan shall be approved that increases the risk of landslide or erosion on site or off site. Bulkheads and retaining walls may be utilized as engineering solutions where it can be demonstrated that a structure will be more safely protected than without the use of such measures, and the resulting retaining wall is the minimum size necessary to protect the structure. The mitigation plan shall be prepared by qualified professionals, which may include geotechnical engineers, hydrogeologists, arborists, and/or fisheries biologists, depending on specific circumstances and as deemed appropriate by the city. Upon completion of the project, a qualified professional shall verify that the mitigation plan has been properly implemented. The verification shall be required prior to final approval of the project by the city.

B. Erosion Hazard Areas. An erosion control plan prepared by a duly licensed civil engineer shall be submitted to the city prior to the issuance of a clearing or grading permit.

C. Landslide Hazard Areas.

1. Erosion Control. An erosion control plan prepared by a civil engineer shall be submitted to the city prior to the issuance of a clearing or grading permit.

2. The applicant shall provide a geotechnical analysis containing information specified by the city, which concludes that the development proposal meets the standards of this section. (Ord. 1501 (part), 2020)

18.08.310 Development standards.

The city shall determine professionally acceptable levels of risk for all activities within geologically hazardous areas. The applicant shall meet the following standards for all activities:

A. The proposed activity shall not create a net increase in geological instability, either on or off site, which is defined as follows:

1. The subject parcel shall not be less stable after the planned development than before; and

2. The adjacent parcels shall not be less stable after the planned development than before.

B. The proposed activity shall not increase the risk of life safety due to geological hazards above professionally acceptable levels.

C. The proposed activity shall not increase the risk due to geological hazards above professionally acceptable levels for:

1. Property loss of any habitable structures or their necessary supporting infrastructure on site; or

2. Risk to any off-site structures or property of any kind.

D. Proposed buildings shall be constructed using appropriate engineering methods that respond to the geologic characteristics specific to the site in order to achieve the highest standard of safety feasible. Structural development proposals within seismic hazard areas shall meet all applicable provisions of the IBC as amended by the city of Goldendale. The city shall evaluate all documentation and condition permit approvals to minimize the risk on both the subject property and affected adjacent properties. All conditions shall be based on known, available, and reasonable methods of prevention, control, and treatment. Evaluation of geotechnical reports may also constitute grounds for denial of the proposal.

E. Critical facilities shall not be sited within designated geologically hazardous areas with the exception of volcanic hazard areas. For purposes of this section, a critical facility is a facility where safety from disaster is of paramount importance. Critical areas include, but are not limited to: schools; hospitals; police, fire, and emergency response installations; nursing homes; and installations which produce, use, or store hazardous materials or hazardous waste. No critical facilities shall be located within one-quarter mile of an active fault.

F. In landslide and erosion hazard areas, the city may require the applicant to construct a stormwater pollution prevention plan, which includes, but is not limited to, a plan for the collection, transport, treatment, discharge, and/or recycling of stormwater. Surface drainage shall not be directed across the face of a landslide hazard. If drainage must be discharged from the hazard area into adjacent waters, it shall be collected above the hazard and directed to the water by tight line drain and provided with an energy dissipating device at the point of discharge. (Ord. 1501 (part), 2020)

18.08.320 Developmental design.

A. There shall be no clearing, grading, or new construction within fifty feet of the edge of all slopes that are classified as geologically hazardous areas. This fifty-foot area may be reduced only if the applicant provides expert verification by a geotechnical engineer, that demonstrates that the proposal will not increase slope instability, and that no other reasonable project alternative exists;

B. All development proposals shall be designed to avoid impacts to the geologically hazardous areas. The development shall be designed to minimize the footprint of building in other disturbed areas, minimize removal of vegetation, minimize topographic change, and retain open space to the maximum extent practicable;

C. Development design shall utilize clustering, multi-level construction, and tiered foundations to the extent feasible to minimize impervious lot coverage, slope disturbance, and changes to the natural topography;

D. Access shall be located in the least sensitive part of the site, and common access drives and utility corridors are required to the extent feasible;

E. Roads, walkways and parking areas shall be designed to parallel the natural contours to the extent feasible;

F. All proposed clearing and tree removal shall be marked in the field for inspection and approval prior to alteration of the site; provided, however, existing vegetation shall be maintained in landslide and erosion hazard areas and associated buffers. Any replanting that occurs shall consist of native trees, shrubs, and ground cover that are compatible with the existing surrounding native vegetation, meet the objectives of erosion prevention and site stabilization, and shall not require permanent irrigation for long-term survival. Normal nondestructive pruning and trimming of vegetation for maintenance purposes, or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these requirements;

G. Cut and fill slopes shall be prepared and maintained to control against erosion and instability; and

H. Drainage and stormwater designs in zones of influence shall incorporate elements of low impact design, to the extent feasible, and shall be designed in such a manner that stormwater outlet discharges do not create additional impacts. (Ord. 1501 (part), 2020)

ARTICLE VI. AQUIFER RECHARGE AREAS

18.08.330 Purpose.

The purpose of this article is to provide standards for classification and designation of areas with a critical recharging effect on aquifers used for potable water and whose protection is necessary to public health and safety. (Ord. 1501 (part), 2020)

18.08.340 Classification and designation.

A. Aquifer recharge areas that have a high susceptibility to aquifer contamination shall be designated as such on the basis of:

1. Land use activities which pose a threat to aquifer quality; or

2. Land use activities which pose a threat to community water systems, including a degradation of water quality and/or quantity; or

3. Aquifers with characteristics conducive to contamination.

B. Designated areas include wellhead protection areas, susceptible groundwater management areas, moderately or highly vulnerable areas, and moderately or highly susceptible areas. Susceptibility can be estimated using soil permeability, geologic matrix (underlying soils), infiltration rate, and depth to groundwater.

C. Those lands which meet the established criteria for aquifer recharge areas are to be designated as such. Aquifer recharge areas identified through the permitting process shall be mapped by a qualified hydrologist and shall provide guidance in the land use decision-making process. All sites which maintain aquifer recharge areas, including those aquifer recharge areas which are not mapped, shall be subject to aquifer recharge areas review as stated in this chapter. (Ord. 1501 (part), 2020)

18.08.350 Performance standards.

A. Mitigation measures shall be utilized to minimize the risk of contamination. These will be tailored to each proposal but will be designed to ensure that development does not present a significant risk of aquifer recharge area contamination. All hazardous materials must be handled to minimize risk of leakage or accidental spills, and emergency response plans must be prepared.

B. The following performance standards shall apply to all regulated uses in areas designated with high susceptibility to aquifer contamination:

1. Parcels requiring septic systems shall be subject to the minimum lot size requirement of the county health department, in order to prevent groundwater contamination;

2. All new development activities shall comply with the requirements of the Washington State Department of Ecology, as they pertain to ground and surface water protection;

3. The applicant shall comply with any state or federally required wellhead protection program for public water supplies;

4. Wells shall be set back at least one hundred feet from adjacent property lines;

5. Commercial and industrial uses which process, use, store or produce hazardous, toxic, or otherwise dangerous materials shall meet all applicable federal, state, and local regulations within any aquifer recharge area to prevent groundwater contamination; and

6. Any application which utilizes or generates hazardous or toxic materials shall be required to comply with state and federal regulations pertaining to public health and safety.

C. Specific Uses.

1. Storage Tanks. All storage tanks proposed in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements:

a. Underground Tanks. All new underground storage facilities proposed for the storage of hazardous substances or hazardous wastes shall be designed and constructed in accordance with DOE requirements.

b. Aboveground Tanks. All new aboveground storage facilities proposed for the storage of hazardous substances or hazardous wastes shall be designed and constructed in accordance with DOE requirements.

2. Vehicle Repair and Servicing.

a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

b. No dry wells shall be allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the State Department of Ecology prior to commencement of the proposed activity.

3. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the State Departments of Ecology and Health.

a. Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2).

b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.

4. State and Federal Regulations. The uses listed below shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations:

Activity	Regulations
Aboveground storage tanks	WAC 173-303-640
Animals feedlots	Chapters 173-216 and 173-220 WAC
Automobile washers	Chapter 173-216 WAC; WDOE WQ-R-95-56
Below-ground storage tanks	Chapter 173-360 WAC
Dangerous waste regulations	Chapter 173-360 WAC
Siting chemical treatment storage and disposal	WAC 173-303-282
Spills and discharges	WAC 173-303-145
Hazardous waste generators (boat repair, dry cleaners, furniture stripping, motor vehicle garages, printing shops, etc.)	WAC 173-303-170
Injection wells (dry wells)	Chapter 173-218 WAC; Federal 40 CFR Parts 144 and 146
Junk and salvage yards	Chapter 173-303 WAC; WDOE 94-146
Oil and gas drilling	WAC 332-12-450; Chapter 173-218 WAC
On-site sewage systems (large scape)	Chapter 173-240 WAC
On-site sewage systems (<14,500 gpd)	Chapter 246-272 WAC; County Health Regulations
Pesticide storage and use	Chapters 15.54 and 17.21 RCW
Sawmills	Chapters 173-303 and 173- 304 WAC; WDOE 95-53
Solid waste handling and recycling	Chapter 173-303 WAC
Surface mining	Chapter 332-18 WAC
Wastewater application to land surface	Chapters 173-200 and 332-216 WAC; WQDOE

D. Exemptions. The following activities are exempted from the provisions of this section:

1. Activities That Legally Existed Prior to the Codification of This Section. Expansions or changes in use shall comply with the applicable provisions of this section.

2. Single-family residential building permits, including accessory building permits and accessory dwelling unit (ADU) building permits, which are outside Category I areas.

3. Residential short plats outside Category I areas where each lot is two and one-half acres or greater.

4. Single-family residential building permits where a site assessment was required to be completed for land division. To meet the conditions of this exemption, the applicant must comply with the recorded plat notes and the applicable mitigation measures contained in the site assessment.

5. Activities allowed without standard critical areas review pursuant to Section 18.08.100. (Ord. 1501 (part), 2020)

ARTICLE VII. FREQUENTLY FLOODED AREAS

18.08.360 Purpose.

The purpose of this article is to provide standards for classification and designation of frequently flooded areas; and provide guidance for reducing or mitigating hazards to public health and safety. (Ord. 1501 (part), 2020)

18.08.370 Classification and designation.

A. Frequently flooded areas shall be classified as all areas within the floodplain subject to a one percent or greater chance of flooding in a given year. All lands, shorelines, and waters which are under the jurisdiction of the city of Goldendale and which are identified as within the one-hundred-year floodplain by the Federal Emergency Management Agency are designated frequently flooded areas. Frequently flooded areas identified through the permitting process shall be mapped and shall provide guidance in the land use decision-making process. All sites which maintain frequently flooded areas, including those frequently flooded areas which are not mapped, shall be subject to frequently flooded areas review so stated in this chapter.

B. Classification for frequently flooded areas shall be consistent with the one-hundred-year floodplain designation of the Federal Emergency Management Agency and the National Flood Insurance Program. In addition, the following criteria shall be considered when designating and classifying these areas:

1. Flooding impact to human health, safety, and welfare and to public facilities and services;

2. Available documentation including federal, state, and local laws, regulations and programs, local maps, and federally subsidized flood insurance programs;

3. The “floodplain” is defined as a channel of the stream and that portion of the adjoining area which is necessary to contain and discharge the base flood flow at build-out without any measurable increase in flood heights; and

4. The effect of high water levels with strong winds and greater surface runoff caused by increasing impervious surfaces. (Ord. 1501 (part), 2020)

18.08.380 Performance standards.

Upon receipt of a complete development application, the flood information rate maps (FIRMs) shall be reviewed to determine if the proposed development is in a frequently flooded area. All frequently flooded area delineations, designations, surveys, reports, studies, plans, documents, etc., shall be performed by a qualified professional or firm. If the proposed site is in a frequently flooded area, the applicant shall be responsible for securing the services of a professional engineer who shall provide information as follows:

A. Identification of the one-hundred-year floodplain boundary and ground elevations on the site plan;

B. Conform to the provisions of Chapter 15.48, Flood Damage Prevention; Title 17, Zoning; and the International Building Code; and

C. Maintain predevelopment movement (volume and velocity) of surface waters and prevent the unnatural diversion of floodwaters into otherwise flood-free areas. (Ord. 1501 (part), 2020)