Chapter 17.24
CRITICAL AREAS PROTECTION
Sections:
17.24.010 Purpose, intent and applicability.
17.24.030 Permitted, conditional and prohibited uses.
17.24.040 Project review requirements.
17.24.042 Critical areas report.
17.24.060 Aquifer protection areas.
17.24.070 Frequently flooded areas.
17.24.080 Geologically hazardous areas.
17.24.090 Fish and wildlife habitat conservation areas.
17.24.100 Palouse critical area overlay maps.
Prior legislation: Ord. 829.
17.24.010 Purpose, intent and applicability.
A. The purpose of this chapter is to designate, classify and protect the functions and values of critical areas in a manner consistent with state law while allowing for reasonable use of private property. By adopting this chapter, the city of Palouse acknowledges that critical areas provide a variety of important biological and physical functions that benefit the community and its residents, or that they may pose a threat to human safety or property. Critical areas regulated by this chapter include:
1. Wetlands;
2. Critical aquifer recharge areas;
3. Frequently flooded areas;
4. Geologically hazardous areas; and
5. Fish and wildlife habitat conservation areas.
B. The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals. Best available science is the most current, accurate, and complete scientific and technical information available that is applicable to the critical area prepared by local, state, or federal natural resource agencies and/or a qualified scientific professional or team of qualified scientific professionals, and that is consistent with WAC 365-195-900 through 365-195-925. In the context of critical areas protection, best available science must also be based upon a valid scientific process as defined in WAC 365-195-905.
C. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Washington Department of Fish and Wildlife Hydraulic Project Approval permits, Army Corps of Engineers Section 404 permits, National Pollutant Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. Where applicable, the city of Palouse designated official will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review.
D. This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property or to prevent the provision of public facilities and services necessary to support existing development and planned for by the community without decreasing current service levels below minimum standards.
E. The critical area overlay zone consists of that area within 250 feet of designated wetlands and critical wildlife habitat; within 25 feet of aquifer recharge areas and geologically hazardous areas; and frequently flooded areas (with Zone A or AE as shown on National Flood Insurance Program maps). Critical area overlay zones are identified on the Palouse critical area overlay maps located in Appendix A, attached to the ordinance codified in this chapter.
F. The critical areas handbook should be used in the application of the critical areas protection ordinance (see Appendix B, attached to the ordinance codified in this chapter). The handbook provides a critical area flowchart, information handout, supplemental critical area application, and State Environmental Policy Act (SEPA) question and answer flyer.
G. Any development proposed on a parcel of land within the critical area overlay zone shall be subject to project review as required in this chapter unless specifically exempted. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.020 Definitions.
Adaptive Management. Adaptive management 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.
“Adjacent” means to be nearby and not necessarily abutting.
“Advance mitigation” means mitigation of an anticipated critical area impact or hazard completed according to an approved critical area report or other applicable information and prior to site development.
“Agricultural activity” means any activity directly related to the production or processing of crops, dairy products, poultry, or livestock for initial commercial sale or as a principal means of personal subsistence; any activity directly related to the cultivation or harvesting of trees; or any activity directly related to fish farms (WAC 392-164-125).
“Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees, or livestock, and that has long-term commercial significance for agricultural production.
“Alkali wetlands” means wetlands characterized by the occurrence of shallow saline water. In Eastern Washington, these wetlands contain surface water with specific conductance that exceeds 3,000 micromhos/cm. The salt concentrations in these wetlands have resulted from a relatively long-term process of ground water surfacing and evaporating.
“Alteration, critical area” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation or any other activity that changes the character of the critical area or results, or is likely to result, in an impact to existent vegetation, hydrology, fish or wildlife, or fish or wildlife habitat.
“Applicant” means a person who files an application for a permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a lessee of the land, the person who would actually control and direct the proposed activity or the authorized agent of such a person.
“Aquifer” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
“Aquifer recharge areas” means areas having a critical recharging effect on aquifers used for potable water where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the certifiable potability of water (WAC 365-190-030).
“Aquifer, sole source” means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply 50 percent or more of the drinking water for an area without a sufficient replacement available.
“Area of shallow flooding” means an area designated AO or AH Zone on the flood insurance map(s). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
“Artificial wetlands” means artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, 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. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.
“Base flood” or “100-year flood” means the designation on the Federal Emergency Management Agency flood insurance maps that denote areas subject to floods having a one percent chance of being equaled or exceeded in any given year. The base flood is determined for existing conditions, unless a basin plan including project flows under future developed conditions has been completed and adopted by the city of Palouse; in these cases, future flow projections shall be used. In areas where the flood insurance study includes detailed base flood calculations, those calculations may be used until projections of future flows are completed and approved by the city of Palouse.
“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 195-925.
“Best management practices” means conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; protect trees and vegetation designated to be retained during and following site construction; use native plant species appropriate to the site for revegetation of disturbed areas; and provide standards for proper use of chemical herbicides within critical areas.
“Buffer” or “buffer zone” means a designated area used to separate incompatible uses or protect resources or development. Buffers are generally undeveloped areas. There are different types of buffers for different purposes: (1) buffers which protect sensitive natural resources (critical areas) from the adverse impacts of development are generally undeveloped open space which are ecologically part of the protected resource; and (2) buffers which protect the integrity of development from certain natural hazards, such as slope instability, floods or fire prone areas, and which ensure that buildings and development avoid the hazardous condition.
“City” means the city of Palouse, Washington.
“Compensatory mitigation” means replacing project-induced wetland losses or impacts to a critical area, and includes, but is not limited to, the following: (1) restoration actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland; (2) creation actions performed to intentionally establish a wetland at a site where it did not formerly exist; (3) enhancement actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality; and (4) preservation actions taken to ensure the permanent protection of existing high-quality wetlands.
“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefor providing permanent or long-term protection.
“Critical aquifer recharge area (CARA)” means an area 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.
“Critical area overlay maps” means Palouse critical area overlay maps maintained by the city of Palouse that depict geologically hazardous, aquifer protection, wetland setback, and priority habitat areas overlaid onto street view and aerial imagery.
Critical Area Overlay Zone. The critical area overlay zone consists of that area within 250 feet of designated wetlands and critical wildlife habitat; within 25 feet of aquifer recharge areas and geologically hazardous areas; and frequently flooded areas (with Zone A or AE as shown on National Flood Insurance Program maps). Critical area overlay zones are identified on the Palouse critical area overlay maps located in Appendix A, attached to the ordinance codified in this chapter.
Critical Areas. Critical areas include the following areas and ecosystems: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas; (4) frequently flooded areas; and (5) geologically hazardous area. (RCW 36.70A.030(5)).
“Critical habitat” means habitat necessary for the survival of endangered, threatened, rare, sensitive or monitor species.
“Developable area” means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this chapter.
“Development” means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. “Development” includes the storage or use of equipment or materials inconsistent with the existing use. “Development” also includes approvals issued by the city that bind land to specific patterns of use, including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities: (1) interior building improvements; (2) exterior structure maintenance activities, including painting and roofing; (3) routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; and (4) maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, individual utility service connections, and individual cemetery plots in established and approved cemeteries.
Emergency Activities. The exemption for emergencies should not eliminate the need for later mitigation to offset the impacts of emergency activity. Once the immediate threat has been addressed, any adverse impacts on critical areas should be minimized and mitigated. The city of Palouse (city building official or designee) also recommends including a time limit for restoration, rehabilitation, or replacement of a critical area damaged or altered by emergency activities; for example, the restoration must be initiated within one year of the date of the emergency and completed in a timely manner.
“Erosion hazard areas” means areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion.
Farmed Wetland. A farmed wetland (as per 7 CFR Section 12.2) is a wetland that prior to December 23, 1985, was manipulated and used to produce an agricultural commodity and on December 23, 1985, did not support woody vegetation, and met the following hydrologic criteria:
(1) If not a playa, pocosin, or pothole, experienced inundation for 15 consecutive days or more during the growing season, or 10 percent of the growing season, whichever is less, in most years (50 percent chance or more), as determined by having met any of the following hydrologic indicators: (a) inundation is directly observed during a site visit conducted under a period of normal climatic conditions or drier; (b) the presence of any indicator from Group B (Evidence of Recent Inundation) of the wetland hydrology indicators contained in the applicable regional supplement to the Corps of Engineers Wetland Delineation Manual is observed; (c) the presence of conditions resulting from inundation during the growing season is observed on aerial imagery, and the imagery is determined to represent normal or drier than normal climatic conditions (that is, not abnormally wet); or (d) the use of analytic techniques, such as the use of drainage equations or the evaluation of monitoring data, demonstrate that the wetland would experience inundation during the growing season in most years (50 percent chance or more).
(2) If a playa, pocosin, or pothole experienced ponding for seven or more consecutive days during the growing season in most years (50 percent chance or more) or saturation for 14 or more consecutive days during the growing season in most years (50 percent chance or more) as determined by having met any of the following hydrologic indicators: (a) inundation or saturation is directly observed during a site visit conducted under a period of normal climatic conditions or drier; (b) the presence of one primary or two secondary wetland hydrology indicators contained in the applicable regional supplement to the Corps of Engineers Wetland Delineation Manual are observed; (c) the presence of conditions resulting from inundation or saturation during the growing season is observed on aerial imagery, and the imagery is determined to represent hydrologic conditions that would be expected to occur under normal or drier than normal climatic conditions (that is, not abnormally wet); or (d) the use of analytic techniques, such as the use of drainage equations or the evaluation of monitoring data, demonstrate that the wetland would experience inundation or saturation during the growing season in most years (50 percent chance or more).
“Fish and wildlife habitat conservation areas” means 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. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, an irrigation district or company.
“Fish habitat” means a habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source and/or the overflow of inland waters.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
“Floodplain” is synonymous with the 100-year floodplain, defined as the land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year.
“Forested wetland” means a wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland.
“Frequently flooded areas” means lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high ground water. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and areas where high ground water forms ponds on the ground surface.
“Functions and values” means the services provided by critical areas to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation.
“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-120, may not be suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.
“Growth Management Act” means Chapters 36.70A, 36.70B, and 36.70C RCW as amended.
“High intensity land use” means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, commercial uses, industrial uses, and residential uses with five or more dwelling units per acre.
“Isolated wetlands” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water, including other wetlands.
“Landslide hazard areas” means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.
“Long-term commercial significance” means the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land (RCW 36.70A.030; WAC 365-190-030).
“Low intensity land use” means a land use that is associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation uses, open space uses, and unpaved trails.
“Mine hazard areas” means areas that are directly underlain by, adjacent to, or affected by mine workings such as adits (a horizontal passage leading into a mine for the purposes of access or drainage), tunnels, drifts, or air shafts.
“Mitigation” means a negotiated action involving the avoidance, reduction or compensation for possible adverse impacts. The use of any or all of the following is in order of preference and includes:
1. Avoiding the impacts altogether by not taking action;
2. Reducing or eliminating impacts by preservation or maintenance;
3. Minimizing impacts by limiting degree or magnitude;
4. Rectifying impacts by repairing, rehabilitating or restoring;
5. Compensating for impacts by in-kind replacement; or
6. Monitoring impact and the compensation projects, and taking appropriate corrective measures.
“Moderate intensity land use” means a land use that is associated with moderate levels of human disturbance or moderate habitat impacts, including, but not limited to, moderate intensity open space activities, paved trails, and residential uses with one dwelling unit or less per acre.
“Monitoring” means the process of evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.
“Native vegetation” means plant species that are indigenous to the region and which reasonably could have been expected to naturally occur on the site. “Native vegetation” does not include noxious weeds.
“Off-site compensation” means to replace critical areas or ecological functions away from the site on which a critical area has been impacted.
“On-site compensation” means to replace critical areas or ecological functions at or adjacent to the site on which a critical area has been impacted.
“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.
“Porous soil types” means soils, as identified by the U.S. Department of Agriculture National Resources Conservation Service, that contain voids, pores, interstices or other openings which allow the passing of water.
“Potable water” means water that is safe and palatable for human consumption.
Priority Habitat and Species (PHS). As classified by the Washington Department of Fish and Wildlife Priority Habitats and Species Program, priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance including state endangered, threatened, sensitive, and candidate species; animal aggregations considered vulnerable; and those species of recreational, commercial, or tribal importance that are vulnerable. Priority habitats are those of habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. The PHS list is a catalog of habitats and species considered to be priorities for conservation and management (WAC 173-26-020).
“Project area” means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned until development, or rezone, the project shall include the entire parcel, at a minimum.
“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a bachelor’s or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or a related field, and have at least two years of related work experience. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments. A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.
“RCW” means the Revised Code of Washington.
“Reasonable use” means a use or activity that allows the landowner to realize a reasonable return on the property or make a productive use of the property. Denial of a reasonable return does not mean merely a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather it means there can be no beneficial use of the property once the provisions of this chapter have been applied to the property.
“Restoration” means measures taken to restore an altered or damaged natural feature including: (1) active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and (2) actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.
“Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.
“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or debris flows.
“Special flood hazard areas” means the land in the floodplain within an area subject to a one percent or greater chance of flooding in any given year. Designations of special flood hazard areas on flood insurance map(s) always include the letter A or V.
“Special protection areas” means aquifer recharge areas as defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to: (1) ground waters that support a beneficial use or an ecological system requiring more stringent criteria than drinking water standards; (2) ground water recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and (3) sole source aquifer status by federal designation.
“Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.
“Species of local importance” means those species that are of local concern due to their population status or their sensitivity to habitat alteration, or that are game species.
“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure its persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.
“Species, threatened” means any fish or wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.
“State Environmental Policy Act (SEPA)” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Urban growth” means growth that makes intensive use of land for the location of buildings, structures and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. “Characterized by urban growth” refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
Washington Administrative Code (WAC). The WAC codifies the regulations for the state of Washington and arranges them by subject or agency.
“Water table” means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.
“Well” means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.
“Wetland” means areas that are inundated or saturated by surface water or ground water 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 created to mitigate conservation of wetlands (RCW 36.70A.030(23)).
Wetland, Artificial. See “Artificial wetlands.”
Wetland, Farmed. See “Farmed Wetland.”
Wetland, Isolated. See “Isolated wetlands.” [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.030 Permitted, conditional and prohibited uses.
Uses allowed outright or by conditional use permit or uses altogether prohibited in an area identified on the critical area overlay area map shall be the same as those listed in the underlying zoning district. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.040 Project review requirements.
A. Land use or building permits for clearing or development activities within a critical area overlay zone, as defined on the overlay maps (PMC 17.24.100), shall be subject to review under the provisions of this chapter, excepting:
1. Those activities specifically exempted in subsection (C) of this section; and
2. Agricultural activities (agricultural activities shall be exempt from review under this chapter).
B. For those projects determined by the city building official or designee likely to have an impact to the critical areas, the applicant shall submit a technical study identifying the precise limits of the critical area and its function and resource value as part of the application. The study shall be prepared by a qualified professional in the area of concern and shall include the most current, accurate, and complete scientific and technical information as part of its analysis (best available science).
C. The following activities shall be allowed in critical areas without a critical areas permit, provided they are conducted using best management practices and are conducted in a manner designed to minimize adverse impacts to the critical area:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife;
2. Outdoor recreational activities which do not involve disturbance of the resource or site area, including, but not limited to, fishing, hunting, bird watching, hiking, horseback riding and bicycling;
3. Harvesting wild crops in a manner that is not injurious to the natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops or alteration of the resource by changing existing topography, vegetation, water conditions or water sources;
4. Education, scientific research and use of nature trails;
5. Normal and routine maintenance of legally constructed irrigation and drainage ditches;
6. Normal and routine maintenance, repair or operation of existing serviceable structures, facilities or improved areas, not including expansion, change in character or scope or construction of a maintenance road;
7. Minor modification (such as construction of a patio, balcony or second story) of existing serviceable structures where the modification does not adversely impact the functions of the critical area;
8. Emergency activities, defined by those activities necessary to prevent an immediate threat to public health, safety, or welfare, or those that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the city building official or designee within one working day following commencement of the emergency activity.
D. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas (referred to as “mitigation sequencing”). When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to conditions existing at the time of the initiation of the project or activity;
4. Reducing or eliminating 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; and
6. Monitoring the impact and the compensation projects, and taking appropriate corrective measures.
E. If a development permit is sought for critical area property that is located partly in the city, and partly in unincorporated Whitman County, the city building official or designee shall coordinate the city’s review of the project with the appropriate county officials. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.041 Reasonable use.
If the application of this chapter would deny all reasonable use of the subject property, the property owner may apply for an exception pursuant to this section. An application for a reasonable use exception shall be made to the city building official or designee and shall include a critical area report, including a mitigation plan, if necessary, and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. The city building official or designee shall approve, approve with conditions, or deny the exception request based on review of the submitted information, a site inspection, the most current, accurate, and complete scientific and technical information available, and the proposal’s ability to comply with the following reasonable use exception criteria:
A. The application of this chapter would deny all reasonable use of the property;
B. No other reasonable use of the property has less impact on the critical area;
C. Any alteration is the minimum necessary to allow for reasonable use of the property;
D. The 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 chapter;
E. The proposal meets the requirements set forth in this chapter; and
F. The use does not pose an unreasonable threat to the public health, safety, or welfare. [Ord. 982 §1, 2019].
17.24.042 Critical areas report.
If the city building official or designee determines, by means of the process described in this chapter, that a proposed project is likely to have an impact on one or more critical areas, the applicant shall submit a critical areas report identifying the precise limits of the critical area(s) and its function and resource value as part of the application.
A. The report shall be prepared by a qualified professional in the area of concern and shall apply the most current, accurate, and complete scientific and technical information available as part of its analysis. At a minimum, the critical areas report shall contain the following:
1. The name and contact information of the applicant, a description of the proposal, and identification of the development permit(s) requested;
2. A copy of the site plan for the development proposal showing identified critical areas, buffers, the development proposal with dimensions, and limits of any areas to be cleared;
3. The names and professional qualifications of the persons preparing the critical areas report and documentation of any fieldwork performed on the site;
4. Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;
5. A statement specifying the accuracy of the report, and all assumptions made and relied upon;
6. A description of reasonable efforts made to apply mitigation sequencing pursuant to PMC 17.24.040(D) to avoid, minimize, or mitigate impacts to critical areas;
7. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with PMC 17.24.050;
8. A discussion of the standards applicable to the critical area and proposed activity; and
9. Financial guarantees to ensure compliance, if applicable. [Ord. 982 §1, 2019].
17.24.050 Wetlands.
The approximate location and extent of known wetlands are shown on the pertinent Palouse critical area overlay maps and the U.S. Fish and Wildlife National Wetland Inventory maps. Maps regarding wetlands are to be used as a guide for the city, project applicants, and property owners, and will be periodically updated as new information becomes available. These maps are a reference and do not provide a final critical area designation. The exact location of a wetland’s boundary shall be determined through the performance of a field investigation by a qualified professional in accordance with the most current approved Federal Wetland Delineation Manual and applicable regional supplements.
A. Designating Wetlands. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be determined by a qualified professional in accordance with the most current approved Federal Wetland Delineation Manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria in that procedure are hereby designated critical areas, regardless of any formal identification, and are subject to the provisions of this chapter.
B. Wetland Ratings. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system found in the Washington State Wetland Rating System for Eastern Washington (Department of Ecology Publication No. 14-06-030, or as amended and approved by the Department of Ecology). This chapter contains definitions and methods for determining if the general criteria below are met.
1. Wetland Rating Categories.
a. Category I wetlands are: (i) alkali wetlands; (ii) wetlands with high conservation value that are identified by scientists of the Washington Natural Heritage Program/Department of Natural Resources; (iii) bogs and calcareous fens; (iv) mature and old-growth forested wetlands over one-quarter acre with slow-growing trees; (v) forests with stands of aspen; and (vi) wetlands that perform many functions very well (scores between 22 and 27 points as per the Washington State Wetland Rating System for Eastern Washington). These wetlands are those that (i) present a unique or rare wetland type; or (ii) are more sensitive to disturbance than most wetlands; or (iii) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of function.
b. Category II wetlands are: (i) forested wetlands in the floodplains of rivers; (ii) mature and old-growth forested wetlands over one-quarter acre with fast-growing trees; (iii) vernal pools; and (iv) wetlands that perform functions well (scores between 19 and 21 points). These 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.
c. Category III wetlands are wetlands with a moderate level of functions (scores between 16 and 18 points). Wetlands scoring between 16 and 18 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
d. Category IV wetlands have the lowest level of functions (scores fewer than 16 points) and are often heavily disturbed. These are wetlands that should be able to be replaced, and in some cases be able to be improved. These wetlands may provide some important functions and also need to be protected.
C. Wetland Buffer Zones. Development near wetlands shall observe buffers from the edge of the wetland. No development or activity shall occur within the required buffers unless the applicant can demonstrate that the proposed use or activity will not degrade the functions and values of the wetland and other critical areas according to the evaluation criteria from subsection (E) of this section. The standard buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. Required standard wetland buffers, based on wetland category and land use intensity, are set forth in the following table:
Table 17.24.1 Standard Wetland Buffer Width
|
Category of Wetland |
Low Intensity Land Use |
Moderate Intensity Land Use |
High Intensity Land Use |
|---|---|---|---|
|
I |
125 feet |
190 feet |
250 feet |
|
II |
100 feet |
150 feet |
200 feet |
|
III |
75 feet |
110 feet |
150 feet |
|
IV |
25 feet |
40 feet |
50 feet |
D. Increasing Wetland Buffer Zones. Buffer zones may be increased if the city council finds, on a case-by-case basis, that in accordance with the critical area report and the most current, accurate, and complete scientific and technical information available, a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be based on at least one of the following:
1. A larger buffer is necessary to maintain viable populations of existing species; or
2. The wetlands are used by species proposed or listed by the federal government or the state as endangered, threatened, rare, or sensitive or are being monitored as habitat for those species or have unusual nesting or resting sites; or
3. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or
4. The adjacent land has minimal vegetative cover or slopes greater than 25 percent.
E. Decreasing Wetland Buffer Zones. Buffer zones may be decreased by no more than 25 percent if the city council finds, after consultation with Ecology, on a case-by-case basis and based upon the most current, accurate, and complete scientific and technical information available, that all of the following apply:
1. The critical area report provides a sound rationale for a reduced buffer based on the most current, accurate, and complete scientific and technical information available; and
2. The critical area report provides a sound rationale for a reduced buffer, and the existing buffer area is well vegetated with native species and has less than 10 percent slopes; and
3. No direct or indirect, short-term or long-term adverse impact to the wetland will result from the proposed activity.
F. Allowable Uses in Wetland Buffer Zones. Wetland buffer areas may be used for conservation and restoration activities and passive recreation (including wildlife viewing structures and fishing access areas), provided impacts are minimized, trees and other significant native vegetation are avoided, and the use does not negatively affect the buffer. Walkways and trails in buffer areas may be allowed; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. Walkways and trails should be generally parallel to the perimeter of the wetland, located only in the outer 25 percent of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five feet in width for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Stormwater management facilities may be allowed; stormwater management facilities are limited to stormwater dispersion outfalls and bioswales. They may be allowed within the outer 25 percent of the buffer of Category III or IV wetlands only; provided, that no other location is feasible and the location of such facilities will not degrade the functions or values of the wetland. Stormwater management facilities are not allowed in buffers of Category I or II wetlands.
G. Wetland and Wetland Buffer Mitigation. If activities will result in the loss or degradation of a regulated wetland or buffer, a mitigation plan shall be prepared by a qualified professional and shall be submitted for review and approval by the city building official or designee. Projects that propose compensation for wetland acreage and/or functions are subject to state and federal regulations. Compensatory mitigation for alterations to wetlands shall provide for no net loss of wetland functions and values. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with the mitigation plan requirements of the guidelines found in Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006, or as amended); and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication No. 10-06-07, November 2010, or as amended).
H. Mitigation Sequencing. Mitigation sequencing shall follow mitigation guidelines outlined in PMC 17.24.040(D).
I. Wetland Mitigation Ratios. Wetland mitigation ratios shall be consistent with the ratios identified in the Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans, referenced in subsection (G) of this section.
J. Wetland Buffer Mitigation Ratios. Impacts to wetland buffers shall be mitigated at a 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.
K. Monitoring for Wetland and Wetland Buffer Mitigation. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. (For example, 10 years or more of monitoring are needed for forested and scrub-shrub communities as these communities take at least eight years after planting to reach 80 percent canopy closure. Having a 10-year monitoring program need not require biologists to collect data and produce a report every year. That could be done in years one, two, three, five, seven, and 10, for example.) The project mitigation plan shall include monitoring elements that ensure certainty of success for the project’s natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.060 Aquifer protection areas.
Aquifer protection areas, referred to as “critical aquifer recharge areas (CARA),” are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water.
A. In areas designated by the Palouse critical area overlay map as high susceptibility for aquifer contamination, all uses shall be connected to the city’s sewer system, except new uses on a septic system in the aquifer protection areas, which may be allowed with approval of the city council.
B. For uses locating within the CARA and requiring site plan review, a disclosure form indicating activities and hazardous materials that will be used shall be provided for review and approval.
C. Impervious surfaces shall be minimized within the critical aquifer recharge area.
D. Best management practices as defined by state and federal regulations shall be followed by commercial and industrial uses located in the critical aquifer recharge areas to ensure that potential contaminants do not reach the aquifer.
E. A spill prevention and emergency response plan shall be prepared and submitted for review and approval by the city and local fire district. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.070 Frequently flooded areas.
All areas within the city meeting the “frequently flooded” definition, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter. The Palouse critical area overlay map is to be used as a guide for the city, project applicants, and property owners, and will be periodically updated as new information becomes available. This map is a reference and does not provide a final critical area designation. Frequently flooded areas have been accurately delineated based on hydrologic and hydraulic studies completed as part of the National Flood Insurance Program by the Federal Emergency Management Agency in May 1981, as amended. The methodology and detail of these studies is accepted as the most current, accurate, and complete scientific and technical information available. Applicants for development within frequently flooded areas shall comply with provisions of the city’s flood damage prevention ordinance. [Ord. 982 §1, 2019; Ord. 922 §1, 2014. Formerly 17.24.080].
17.24.080 Geologically hazardous areas.
Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events (as identified by the U.S. Geological Survey, the Washington Department of Natural Resources, and the U.S. Department of Agriculture – Natural Resources Conservation Service). Areas discussed in this section include erosion hazard, landslide hazard, seismic hazard, mine hazard, and other hazard areas. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. All areas within the city meeting the definition of “geologically hazardous areas,” regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.
A. Erosion Hazard Areas. Erosion hazard areas are those areas identified by the U.S. Department of Agriculture – Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard. Rill erosion tends to occur on slopes, particularly steep slopes with easily erodible soils or poor vegetation. Erosion hazard areas also include those areas with a slope greater than 15 percent.
B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Areas included in the landslide hazard area also include:
1. Areas of historic failures.
2. Areas with slopes steeper than 15 percent; hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and springs or ground water seepage area.
3. Areas that have shown movement during the Holocene Epoch (from 10,000 years ago to the present) or that are underlain or covered by mass wastage debris of that epoch.
4. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials.
5. Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking.
6. Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action.
7. Areas that show evidence of, or are at risk from, snow avalanches.
8. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding.
9. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock.
C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by: the magnitude of an earthquake; the distance from the source of an earthquake; the type or thickness of geologic materials at the surface; and the type of subsurface geologic structure.
D. Mine Hazard Areas. Mine hazard areas are those areas underlain by, or affected by mine workings such as adits, gangways, tunnels, drifts, or air shafts, and those areas of probable sinkholes, gas releases, or subsidence due to mine workings. Steep and unstable slopes may be created by open mines (e.g., open basalt rock pits, rock quarries, sand and gravel pits). Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.
E. Other Hazard Areas. Geologically hazardous areas shall also include areas determined by the city building official or designee to be susceptible to other geological events, including mass wasting, debris flows, rockfalls, and differential settlement.
F. Geologically Hazardous Area Buffer Zones. A minimum 25-foot buffer shall be established from the top, toe or sides of an identified geological hazard area (as defined in subsections (A) through (E) of this section). The buffer may be increased if necessary to protect public health, safety and welfare, based on information contained in a geotechnical report prepared by a qualified professional.
G. Decreased Buffer Zones. Buffer zones may be decreased in size, provided the geotechnical report substantiates the following findings:
1. The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, or erosion or sedimentation to off-site properties or bodies of water.
2. The proposal uses construction techniques that minimize destruction of existing topography and natural vegetation.
3. The proposal mitigates all impacts identified in the geotechnical report.
H. Allowable Activities. The following activities are allowed in seismic and mine hazard areas:
1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly.
2. Additions to existing single-story residences that are 250 square feet or less.
3. Installation of fences.
I. Restrictions. In any geologically hazardous area, new development and creation of new lots that would cause foreseeable risk from geological conditions after application of the provisions referenced in this section during the life of the development is prohibited. [Ord. 982 §1, 2019; Ord. 922 §1, 2014. Formerly 17.24.090].
17.24.090 Fish and wildlife habitat conservation areas.
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. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, an irrigation district or company. Fish and wildlife habitat conservation areas shall be managed consistent with the most current, accurate, and complete scientific and technical information available, such as the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitat and Species.
A. Fish and wildlife habitat conservation areas include:
1. Areas where state or federally designated endangered, threatened, and sensitive species have a primary association;
2. Habitats and species of local importance, as determined locally;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;
4. Waters of the state including lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and state natural area preserves, natural resource conservation areas, and state wildlife areas;
5. Riparian habitat areas, which are areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system.
B. For development proposed in the critical areas overlay zone that may impact critical habitat areas, the applicant shall provide a fish and wildlife habitat conservation areas assessment and applicable management plan, prepared by a qualified professional, in conformance with Washington State Department of Fish and Wildlife requirements, for evaluation by local, state and federal agencies (as identified by the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Washington State Department of Fish and Wildlife, and the Department of Natural Resources). Fish and wildlife habitat conservation areas shall be managed consistent with the most current, accurate, and complete scientific and technical information available, such as the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitat and Species. The city building official or designee shall be responsible for making final habitat conservation area designations within the city.
C. In addition to the general critical areas report requirements defined in PMC 17.24.042, the following elements must be met in a fish and wildlife habitat conservation areas management plan:
1. A critical areas report for a critical habitat area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat.
2. The following areas shall be addressed in a critical habitat area report:
a. The project area of the proposed activity;
b. All habitat conservation areas and recommended buffers within 250 feet of the project area; and
c. All floodplains, and other critical areas, and related buffers within 250 feet of the project area. [Ord. 982 §1, 2019].
17.24.100 Palouse critical area overlay maps.
A. Critical areas are designated on a series of data maps and contain the best available graphic depiction of critical areas. These maps are for information and illustrative purposes only and are not regulatory in nature. Copies of these maps shall be available for public reference at the city clerk’s office.
B. The critical areas data maps are intended to alert the development community, appraisers, and current and prospective property owners of a potential encounter with a use- or development-limiting factor based on the natural systems. The presence of a critical area or resource designation on the data maps is sufficient foundation for the designated city official to order an analysis of the factor(s) identified prior to acceptance of a development application as being complete and ready for processing under the applicable provisions, sections, and chapters of the Palouse Municipal Code.
C. Interpretation of Data Maps.
1. The designated city building official or designee is hereby declared the administrator of this chapter for the purpose of interpreting data maps. An affected property owner or other party with standing has a right to appeal the administrative determination to the city council.
2. The data maps are to be used as a general guide to the location and extent of critical areas. Critical areas indicated on the data maps are presumed to exist in the locations shown and are protected under all the provisions of this chapter. The exact location of critical areas shall be determined by the applicant as a result of field investigations performed by qualified professionals using the definitions found in this chapter. All development applications are required to show the boundary(s) of all critical areas on a scaled drawing prior to the development application being considered “complete” for processing purposes.
D. Application of Data Maps. The conclusion of the administrative authority that a parcel of land or a part of a parcel of land that is the subject of a proposed development application is within the boundary(s) of one or more critical areas as shown on the data maps shall serve as cause for additional investigation and analysis to be conducted by the applicant. The site-specific analysis shall be limited to those critical areas indicated on the data maps. In the event of multiple designations, the city will address each subject matter independently and collectively for the purpose of determining development limitations and appropriate mitigating measures. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].
17.24.110 Relief.
If application of the requirements in this section would deny all reasonable economic use of the lot, development will be permitted if the applicant demonstrates all of the following to the satisfaction of the city building official or designee as part of the critical area permit, and demonstrates all findings required for variance from provisions of this title:
A. There is no other reasonable use or feasible alternative to the proposed development with less impact on the critical area.
B. The proposed development does not pose a threat to the public health, safety, and welfare on or off of the subject property.
C. Any alterations permitted to the requirements of this section shall be the minimum necessary to allow for reasonable use of the property.
D. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line and creating the undevelopable condition after the effective date of the ordinance codified in this chapter.
E. The proposal mitigates the impact on the critical areas to the maximum extent possible. [Ord. 982 §1, 2019; Ord. 922 §1, 2014].