Chapter 17.01
PURPOSE AND GENERAL PROVISIONS
Sections:
17.01.050 Relationship to other codes, ordinances and plans.
17.01.060 Liberal construction.
17.01.100 Shoreline jurisdiction.
17.01.010 Authority.
A. Title 17 of the Yakima Municipal Code is established pursuant to Chapter 90.58 RCW (Shoreline Management Act), Chapter 173-26 WAC (State master program approval/amendment procedures and master program guidelines), and Chapter 173-27 WAC (Shoreline management permit and enforcement procedures). This title shall be known as the “shoreline master program regulations.”
B. The shoreline master program regulations shall, for the purposes of RCW 36.70A.480 (GMA and Shorelines of the State), be considered a set of use regulations applying only to shoreline areas as specified in Chapter 90.58 RCW (SMA) and Chapter 173-26 WAC (State master program approval/amendment procedures and master program guidelines). These regulations are intended to be substantive legal rules and procedures used to implement the goals and policies of the master program (these goals and policies are contained in the City of Yakima Comprehensive Plan, Chapter 10, Section 3—General Shoreline Planning Sub-element). These regulations shall be applied and interpreted in a manner consistent with the remainder of the master program or the Act. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.020 Applicability.
A. The provisions of this title shall apply to any new development, construction or use within the incorporated portion of the city of Yakima. However, this title does not apply to the situations below:
1. Interior building improvements that do not change the use or occupancy are not subject to this title;
2. Exterior structure maintenance activities, including painting and roofing, as long as such activities do not expand the existing footprint of the structure or impervious area;
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding;
4. Maintenance of the following existing facilities that do not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections;
5. Changing agricultural crops within an existing farming operation is not considered new development, construction or use. SMP regulations do apply to the following: (a) new agricultural activities on land not meeting the definition of agricultural land, (b) conversion of agricultural lands to other uses, and (c) other development on agricultural land that does not meet the definition of agricultural activities (e.g., processing plants); and
6. Minor, temporary or transient activities, including those of a recreational nature, that do not alter the environment or require a dedicated staging area, use area, or route are not subject to this title, and including temporary signs (election, sale, rent, etc.).
B. The following subsections guide the determination of applicability of SMP regulations on federal lands:
1. Federal development on federally owned land is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law;
2. Federal development on a federally owned lease is not subject to this SMP nor required to obtain a shoreline permit unless otherwise required by federal law, as long as the development is consistent with the purpose of the lease;
3. Area and uses in those areas under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of Chapter 90.58 RCW;
4. Development on federally owned land under a federal lease or easement for a nonfederal activity is subject to this SMP and must obtain a shoreline permit; for example, the SMP applies to private activities on federal land such as leases where the private citizen owns the structure but the federal government owns the land;
5. Nonfederal development or use on federally owned land is subject to this SMP and must obtain a shoreline permit; and
6. Development on nonfederal land is subject to this SMP and must obtain a shoreline permit, even if it is leased, rented, etc., to the federal government, or it is within the boundaries of federal ownership unless the state by statute has ceded all regulatory authority over the federal ownership.
C. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this master program whether or not a permit is required.
D. Developments Not Required to Obtain Shoreline Permits or Local Reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following:
1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit.
3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.
4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.030 Findings.
A. The Yakima River Greenway consists of extensive trails along the Yakima River and Naches River providing regional shoreline public access that draws significant numbers of persons.
B. All jurisdictional lakes, or predesignated lakes associated with mining, are manmade, highly altered, and separated by levees and highways from the river courses.
C. Willow Lake and Lake Aspen are owned by homeowners’ associations, and Lake Aspen’s residential community is governed by covenants, conditions, and restrictions.
D. There is relatively limited development potential on lands in the city limits due to the historic urban developed character, and limited development potential in the city and UGA where there are channel migration zones, floodways, and concentrations of critical areas.
E. There are several essential public facilities in shoreline jurisdiction such as highways of statewide significance and the city’s wastewater treatment plant. Another significant public use includes a state park providing active and passive recreation.
F. The CMZ and floodway areas are largely in public ownership and are managed for flood hazard protection, water processes, and habitat value.
G. SMP environments and regulations recognize the current and future preferred uses, altered and natural character, and shoreline ecological functions.
H. The current shoreline conditions, anticipated development, and proposed SMP use and environmental regulations are demonstrated in the CIA Addendum to result in no net loss of shoreline ecological function. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.040 Purpose.
The purpose of this title is to establish a single, uniform system of procedures and standards to be applied to development within shoreline jurisdiction of the city of Yakima. The SMP regulations are intended to carry out the responsibilities imposed on the city of Yakima by the Shoreline Management Act (Chapter 90.58 RCW) and its Administrative Rules (Chapters 173-18, 173-20, 173-22, 173-26 and 173-27 WAC) insofar as regulations can, and the adoption of these regulations does not remove other responsibilities imposed by the Act. The purposes of the shoreline master program regulations are to:
A. Promote reasonable and appropriate use of the shorelines that will protect the public and private interest;
B. Protect against adverse effects to the public health, the land, its vegetation and wildlife and the waters and their aquatic life within the city of Yakima;
C. Protect public rights of navigation;
D. Recognize and protect private property rights consistent with public interest;
E. Promote a high quality of environment along the shorelines;
F. Preserve and protect fragile natural resources and culturally significant features;
G. Increase public access to publicly owned areas of the shorelines where increased use levels are desirable;
H. Protect public and private properties from adverse effects of improper development in hazardous shorelines areas;
I. Recognize and protect the statewide interest;
J. Give preference to uses that result in long-term over short-term benefits;
K. Provide for no net loss of ecological functions cumulatively from both individual permitted development and individual exempt development; and
L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.050 Relationship to other codes, ordinances and plans.
A. All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. At the time of application or initial inquiry, the shoreline administrator shall inform the applicant/proponent of other local laws and rules that may be applicable to the project. The responsibility for determining applicable federal, state or special district statutes and regulations and complying with the same rests with the applicant/proponent or responsible person carrying out the activity, use, or development in question.
B. This SMP includes critical areas regulations applicable only in the shoreline jurisdiction, and shall control within shoreline jurisdiction over other city critical areas regulations adopted pursuant to the Growth Management Act.
C. While the flood hazard areas regulations in Part Four of Chapter 15.27 YMC apply within shoreline jurisdiction, the regulations, themselves, are not incorporated as part of this shoreline master program.
D. Other rules and regulations, including but not limited to the city of Yakima development regulations addressing subdivision, zoning, building and construction, shall remain in full force and effect as they apply to a designated shoreline.
E. Wherever the requirements of this title conflict with the requirements of city rules or regulations, the most restrictive standards shall govern. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.060 Liberal construction.
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and this SMP shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which they were enacted. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.070 Severability.
If any provision of the ordinance codified in this title, or its application to any person or legal entity or circumstances, is held to be invalid, the remainder of said ordinance or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.080 Effective date.
This SMP and all amendments thereto shall become effective fourteen days from the date of the Washington Department of Ecology’s written notice of final approval. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.090 Definitions.
Whenever the words and terms set forth in this section appear in this title, they shall be given the meaning attributed to them by this section. Definitions established by RCW 90.58.030 and WAC Title 173 have been incorporated herein and should these definitions in the RCW or WAC be amended, the most current RCW or WAC definition shall apply. Except where specifically defined in this section, the RCW or the WAC, all words used in this shoreline master program shall carry their customary meanings.
When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular.
“Abutting” means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point.
“Accessory” means any use or development incidental to and subordinate to a primary use of a shoreline use or development. See also “Appurtenance, residential.”
“Act” means the Washington State Shoreline Management Act, Chapter 90.58 RCW.
“Adjacent” means to be nearby and not necessarily abutting.
“Adoption by rule” means an official action by the Department of Ecology to make a local government shoreline master program effective through rule consistent with the requirements of the Administrative Procedure Act, Chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or amendment into the state master program.
“Advance mitigation” is a form of permittee-responsible mitigation constructed in advance of a permitted impact. An advance mitigation site needs to be planned, designed, and constructed before a project can use any mitigation credit. Advance mitigation can be proposed by any applicant, but the advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can only be used by that same applicant.
“Agricultural activities” means agricultural uses and practices including but not limited to producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
“Agricultural equipment” and “agricultural facilities” include, but are not limited to:
A. The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities, including but not limited to pumps, pipes, tapes, canals, ditches, and drains;
B. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;
C. Farm residences and associated equipment, lands, and facilities; and
D. Roadside stands and on-farm markets for marketing fruit or vegetables.
“Agricultural land” means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program.
“Agricultural products” includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products, including but not limited to meat, upland finfish, poultry and poultry products, and dairy products.
“Alluvial fan” is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly outward with gradually decreasing gradient.
“Amendment” means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.
“Applicant” means a person, party, firm, corporation, or other legal entity that proposes a development, construction or use on a site.
“Approval” means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Department of Ecology for review and official action pursuant to this chapter; or an official action by the Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program.
“Appurtenance, residential” is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark.
“Aquaculture” means the culture and/or farming of fish, shellfish, or other aquatic plants and animals. When dependent on the use of the water area and when consistent with control of pollution and prevention of damage to the environment, aquaculture is a preferred use of the water area. Commercial aquaculture is conducted to produce products for market with the objective of earning a profit. Noncommercial aquaculture is conducted for the benefit of native fish recovery, education and interpretation, or other public benefit or use.
“Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.
“Bank” means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth.
“Bankfull depth” means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section.
“Barb” is a structure used primarily in streams. It is a low relief projection from a bank, angled upstream, to redirect flow away from the bank towards the center of the channel. As opposed to groins or jetties, barbs are not barrier types of structures; they function by redirecting flows that pass over the top of the structure.
“Bed” means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
“Bedrock” means in-place solid rock.
“Berm” means a mound of earth material used as a protective barrier or to control the direction of water flow.
“Best management practices” or “BMPs” means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment.
“Bioengineering” means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to aquatic and terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use of armored toes and wood structural elements.
“Boating facilities” means developments and uses that support access to shoreline waters for purposes of boating, including marinas, community docks serving more than four single-family residences or multifamily units, public piers, and community or public boat launch facilities. Docks serving four or fewer single-family residences are not boating facilities.
“Breakwater” means a fixed or floating off-shore structure that protects the shore from wave action or currents.
“Buffer averaging” means the regulatory alteration of the dimensions of a buffer that allows for increases and decreases in the buffer in discrete areas; provided, that the net area of buffer remains the same.
“Building official” means the manager of the office of code administration or designee.
“Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
“Channel” means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.
“Channel migration zone (CMZ)” means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.
“Classification” means the definition of value and hazard categories to which critical areas and natural resource lands will be assigned.
“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site.
“Compaction” means compressing soil through some mechanical means to make it denser.
“Comprehensive master program update” means a master program that fully achieves the procedural and substantive requirements of the Department of Ecology’s Shoreline Master Program Guidelines effective January 17, 2004, as now or hereafter amended.
“Concentrated animal feeding operation” means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry.
“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program.
“Construction” means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site.
“Critical aquifer recharge area” means an area with a critical recharging effect on aquifers used for potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the potability of the water.
“Critical areas” as defined under Chapter 36.70A RCW includes the following areas and ecosystems:
A. Wetlands;
B. Areas with a critical recharging effect on aquifers used for potable waters;
C. Fish and wildlife habitat conservation areas;
D. Frequently flooded areas; and
E. Geologically hazardous areas.
“Department” means the city of Yakima community development department.
“Designated” means formal legislative action to identify and describe a critical area.
“Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level. See also “Substantial development.” Development does not include the following activities:
A. Interior building improvements that do not change the use or occupancy;
B. Exterior structure maintenance activities, including painting and roofing as long as they do not expand the existing footprint of the structure;
C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding;
D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; and individual utility service connections; and
E. Dismantling or removing structures if there is no other associated development or redevelopment.
“Development regulations” means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
“Dike” means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee.
“Dock” means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.
“Document of record” means the most current shoreline master program officially approved or adopted by rule by the department for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190.
“Dredging” means removal of earth from the bed of a stream, lake, or pond for the purpose of flood control; navigation; utility installation (excluding on-site utility features serving a primary use, which are “accessory utilities” and shall be considered a part of the primary use); the construction or modification of essential public facilities and regional transportation facilities; restoration (of which the primary restoration element is sediment/soil removal rather than being incidental to the primary restoration purpose); and/or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this title or under a local zoning ordinance, or a mining operation in existence before zoning, shorelines, or critical areas permits were required for such operations. Dredging, as regulated in this SMP under YMC 17.07.050, is not intended to cover other excavations waterward of the ordinary high water mark that are incidental to construction of an otherwise authorized use or modification (e.g., bulkhead replacements, large woody debris installations, boat launch ramp installation, pile placement).
“Earth material” means any rock, natural soil, or combination thereof.
“Ecological functions” or “shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
“Enhance” means to strengthen any of the basic functional properties listed in Chapter 17.09 YMC that exist but do not perform at optimum efficiency. “Optimum” refers to the most favorable or best performance of each function achievable for a specific segment of stream or lake corridor.
“Ephemeral stream” means a stream that flows only in response to precipitation with no groundwater association, usually less than thirty days per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.
“Events and temporary uses” means a social or community occasion or activity lasting for a limited time. Events and temporary uses within permitted facilities or legally nonconforming facilities that are designed for such uses are not included in this definition, as long as they do not materially interfere with the normal public use of the water or shorelines of the state.
“Excavation” means the mechanical removal of earth material.
“Exempt” developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a shoreline substantial development permit, but which must otherwise comply with applicable provisions of the Act and the local master program.
“Fair market value” of a development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
“Feasible” means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
A. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project’s primary intended legal use.
In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the city may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.
“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. The physical structure of a bank stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions or restoration shall not be considered fill.
“Fish and wildlife habitat conservation” means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long-term population viability.
“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, a port district or an irrigation district or company.
“Flood” 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.
“Flood hazard permit” means written approval applied for and obtained in accordance with such rules and regulations as are established under this title.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
“Flood insurance study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
“Floodplain” is synonymous with the one-hundred-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.
“Flood-prone” means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data.
“Floodproofing” for purposes of administering this title means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damages to lands, water and sanitary facilities, structures and contents of buildings.
“Floodway” means the area, as identified in a master program, that either:
A. Has been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps; or
B. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually.
Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
“Floodway fringe” for purposes of administering this title means that portion of a floodplain which is inundated by floodwaters, but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters.
“Forest land” means land primarily devoted to forest practices activities.
“Forest practices” means activities conducted under federal forest practices approval or under a forest practices permit reviewed and approved by the Washington Department of Natural Resources pertaining to the management of forest land, including growing, managing, harvesting, and interim storage of merchantable timber for commercial value, as well as incidental activities reviewed under federal or state approval, such as road construction and maintenance (including bridges) and mining activities.
“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.
“Grade” means the vertical location of the ground surface. “Natural grade” is the grade as it exists or may have existed in its original undisturbed condition. “Existing grade” is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. “Rough grade” is a stage where grade conforms approximately to an approved plan. “Finish grade” is the final grade of the site which conforms to an approved plan. “Average grade level” is the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.
“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
“Groin” means a barrier type of structure that extends from the stream bank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials. Groins may serve a variety of functions, including bank protection, pool formation, and increased roughness, and may include rock structures, debris jams, or pilings that collect wood debris. See also “Barb” and “Weir.”
“Groundwater” means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation.
“Guidelines” means those standards adopted by the Department of Ecology into the Washington Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending master programs.
“Habitats of local importance” are designated as fish and wildlife habitat conservation areas based on a finding by the city that they are locally important.
“Hard structural shoreline stabilization” means shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces. These include bulkheads, riprap, and similar structures.
“Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge.
“Height” is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the SMP specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
“Hydraulic dredging” is a minimally invasive dredging technique that utilizes suction to vacuum up sediments and other lake or riverbed material.
“Hyporheic” means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction.
“Intermittent stream” means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than thirty days per year. The groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water.
“In-water structures” are structures placed by humans within a stream, river or lake waterward of the OHWM that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-water structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, recreation, or other purpose. Barbs, jetties, groins and weirs are all examples of in-water structures.
“Lake or pond” means an inland body of standing water.
“Limited master program amendment” means a master program amendment that addresses specific procedural and/or substantive topics and which is not intended to meet the complete requirements of a comprehensive master program update.
“Maintenance, normal” means those usual acts to prevent a decline, lapse, or cessation from a legally established condition. See “Repair, normal.”
“Manufactured home” means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and is intended for human occupancy or is being used for residential purposes.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale pursuant to YMC Title 15.
“Manufactured home park or subdivision, existing” means a manufactured home park or subdivision that was completed before December 15, 1981, the effective date of the floodplain management regulations.
“May” means the action is acceptable, provided it conforms to the provisions of this chapter.
“Minerals” means gravel, sand and metallic and nonmetallic substances of commercial value.
“Mining” means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc.
“Must” means a mandate; the action is required.
“Native” means indigenous to or originating naturally within Yakima County.
“Natural conditions” means those conditions which arise from or are found in nature and not modified by human intervention; not to include artificial or manufactured conditions.
“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.
“Nonwater-oriented uses” means those uses that are not water-dependent, water-related, or water-enjoyment.
“Ordinary high water mark” (OHWM) means that mark on lakes and streams which will be 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 ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the city or Washington Department of Ecology. The following criteria clarify this mark on lakes and streams:
A. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water;
B. Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs.
“Perennial stream” means a stream that flows year-round in normal water years. Groundwater is a source of much of the water in the channel.
“Permit” means any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW.
“Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.
“Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below:
A. State-Listed or State-Proposed Species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State-proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M- 6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
B. Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate.
C. Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
D. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered.
“Project site” means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total project proposal.
“Provisions” means policies, regulations, standards, guideline criteria or environment designations.
“Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations.
“Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.
“Public trust doctrine” is a legal principle derived from English Common Law. The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land. The public trust doctrine does not allow the public to trespass over privately owned uplands to access the water. It does, however, protect public use of navigable water bodies below the ordinary high water mark.
“Qualified professional” shall meet the following criteria:
A. A qualified professional for wetlands must have a bachelor’s degree or higher in biology, ecology, soil science, botany, or a closely related field, and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.
B. A qualified professional for stream corridors must have a bachelor’s degree or higher in wildlife biology, ecology, fisheries, or closely related field, and a minimum of five years’ professional experience related to the subject species/habitat type.
C. A qualified professional for geologically hazardous areas and preparation of geotechnical reports must be a professional engineering geologist or civil engineer licensed in the state of Washington.
D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist or environmental engineer licensed in the state of Washington.
E. A qualified professional for channel migration zone reports must be a professional engineering geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five years of professional experience in geomorphology.
F. A qualified professional for flood studies must be a professional engineering geologist or civil engineer licensed in the state of Washington.
G. A qualified professional for economic studies must have a bachelor’s degree or higher in economics or business administration with five years of professional experience. The five-year standard shall be waived for professionals with a PhD degree.
H. A qualified professional for habitat assessments and habitat management plans must have a bachelor’s degree or higher in biology and professional experience related to the subject species or habitat.
I. Or other person/persons with experience, training, expertise and related work experience appropriate for the relevant critical areas subjects determined acceptable to the shoreline administrator.
“Recreation, high intensity” means use areas with major structures and improvements, such as an urban park with extensive paved surfaces or substantially altered vegetation. RV park/camping with units remaining year-round is included in this category.
“Recreation, low intensity” means unimproved use areas, such as hiking or nature trails, primitive camping areas, swimming beaches, etc. An unimproved personal camping and recreation site is included in this category.
“Recreation, moderate intensity” means use areas with minor structures and improvements, such as campgrounds, picnic facilities, paved trails, swimming beaches, fishing sites, or nature/history interpretive centers. RV park/camping with units not remaining year-round is included in this category.
“Recreation vehicle” means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Recreational development” means public or commercial activities or facilities that allow for the refreshment of mind and body. Examples include, but are not limited to, parks, viewpoints, trails, public access facilities, and other low intensity use outdoor recreation areas. Recreational uses that do not require a shoreline location, nor are related to the water, nor provide significant public access, are considered nonwater-oriented. For example, a recreation use solely offering indoor activities would be considered nonwater-oriented.
“Repair, normal” means to restore a development or structure to a state comparable to its original, legally established condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resources or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development, including but not limited to its size, shape, configuration, location and external appearance, and the replacement does not cause substantial adverse effects to shoreline resources or environment. See also “Maintenance, normal.”
“Residential development” means construction or alteration, earth modification, subdivision and use of land primarily for human residence; including, but not limited to, single-family residences and multifamily dwellings, accessory uses, and structures normally associated with residential uses and structures. Residential development includes land divisions, including short plats, of residentially zoned land. It also includes all modifications to land and vegetation associated with construction, preparation, or maintenance of residential structures or accessory structures.
“Restore,” “restoration” or “ecological restoration” means the reestablishment or upgrading of impaired ecological shoreline processes or functions, such as those listed in YMC 17.09.030(E) that have been lost or destroyed through natural events or human activity. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre-European settlement conditions.
“Revetment” means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents.
“Riparian vegetation” means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation.
“Riprap” means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.
“Scour” means the removal of underwater material by waves and currents, especially at the base or toe of a bank stabilization or other in-water structure.
“Shall” means a mandate; the action must be done.
“Shorelands” or “shoreland areas” means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams and lakes which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology.
“Shoreline administrator” means the duly appointed city of Yakima director of community development, whichever is appropriate, or their designee.
“Shoreline areas” and “shoreline jurisdiction” mean all “shorelines of the state” and “shorelands” as defined in RCW 90.58.030.
“Shoreline environment designations” are a classification of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas.
“Shoreline modifications” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.
“Shoreline stabilization” means structural or nonstructural modifications to the existing shoreline intended to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. They are generally located parallel to the shoreline at or near the OHWM.
“Shorelines” means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (A) shorelines of statewide significance; (B) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (C) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.
“Shorelines Hearings Board” means a six-member quasi-judicial body, created by the SMA, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by the city on Department of Ecology approval of rules, regulations, guidelines or designations under the SMA.
“Shorelines of statewide significance” means the following shorelines of the state:
A. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;
B. Those natural rivers or segments east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer; and
C. Those shorelands associated with subsections A and B of this definition.
“Shorelines of the state” are the total of all “shorelines” and “shorelines of statewide significance” within the state.
“Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action.
“Significant” means a reasonable likelihood of more than a moderate adverse impact on environmental quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. The severity of an impact should be weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred.
“Significant ecological impact” means an effect or consequence of an action if any of the following apply:
A. The action measurably or noticeably reduces or harms an ecological function or ecosystem-wide process.
B. Scientific evidence or objective analysis indicates the action could cause measurable or noticeable reduction or harm to those ecological functions or ecosystem-wide processes under foreseeable conditions.
C. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or harm to ecological functions or ecosystem-wide processes as part of cumulative impacts, due to similar actions that are occurring or are likely to occur. Any project may have one or more significant ecological impacts, which can be either short-term or long-term. Projects with short-term significant ecological impacts may still be considered beneficial if the project improved ecological function over the long term, either due to mitigation or because of short-term impacts, may be construction-related only.
“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.
“Single improved recreational vehicle site” means a site on which a recreational vehicle may be parked with minimal services (such as electricity, well and septic system), without a garage or carport, and without large accessory buildings (small detached storage sheds or accessory structures totaling one hundred twenty square feet or less may be allowed). Recreational vehicle sites not meeting these criteria are considered single-family residences.
“Slope” means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
“Soft structural shoreline stabilization” means shoreline erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore stability in a nonlinear, generally sloping arrangement. Linear, vertical faces are an indicator of hard structural shoreline stabilization (see above definition).
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not include earth, clay, sand or gravel.
“Special flood hazard area” means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year; commonly known as the one-hundred-year floodplain.
“Species of local importance” are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species.
“State master program” is the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology.
“Stream” means water contained within a channel, either perennial, intermittent or ephemeral. Streams include natural watercourses modified by man, for example, by stream flow manipulation, channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.
“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels.
“Substantial development” shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. “Consumer price index” means, for any calendar year, that year’s annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor Statistics, United States Department of Labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. See WAC 173-27-040 for a list of developments that are not considered substantial.
“Substantially degrade” means to cause significant ecological impact.
“Unreasonable and disproportionate” means that locations outside of the floodway or CMZ would add more than twenty percent to the total project cost. Other methods to determine unreasonable and disproportionate cost may be used on a case-by-case basis with approval of the shoreline administrator.
“Use” means the activity to which land or a building is devoted and for which either land or a building is or may be occupied or maintained.
“Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.
“Vegetative buffer” or “buffer” means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide, under optimal conditions, adequate soil conditions and native vegetation for the performance of the basic functional properties of a fish and wildlife habitat conservation area and wetland as set forth in YMC 17.09.030(E) (Functional Properties) and YMC 17.09.040(D) (Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before establishment of this title, or due to colonization by nonnative species. Such conditions still provide functional properties, though at a lower level, depending on the difference from natural conditions.
“Vessel” includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water.
“Water-dependent use” means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.
“Water-enjoyment use” means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment.
“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
“Water quality” means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term “water quantity” refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:
A. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
B. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.
“Waters of the state” are all lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
“Weir” means a structure generally built across a stream channel for the purpose of diverting water or trapping sediment or other moving objects transported by water.
“Wetland” or “wetlands” means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does 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, 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. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.
“Wildlife” means all species of the animal kingdom whose members exist in Washington in a wild state. The term “wildlife” includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term “wildlife” does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).
“Wildlife habitat” means areas which, because of climate, soils, vegetation, relationship to water, location and other physical properties, have been identified as of critical importance to maintenance of wildlife species. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.01.100 Shoreline jurisdiction.
Pursuant to the authority of RCW 90.58.030(2)(f) and WAC 173-22-040(2) and (3), the jurisdictional limits of the shoreline master program within the city of Yakima for areas that are subject to these regulations are listed below. The city of Yakima has developed maps to generally depict the extent of shoreline jurisdictional boundaries for all shorelines within the county. These maps are for informational and illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the criteria listed below, Chapter 173-22 WAC, and the Act itself. It is understood when the maps and the actual physical features do not correspond, the physical features will dictate the extent of the jurisdictional boundaries. It is understood that the actual physical features may change. The physical features will dictate the extent of the shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include:
A. The following water bodies in the city and, upon annexation, in the UGA:
1. Yakima River;
2. Naches River;
3. Cowiche Creek;
4. Willow Lake;
5. Lake Aspen; and
6. Rotary Lake.
B. Buchanan Lake shall be regulated under this SMP when the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated, or when the city receives a permit application for new development on or uses of Buchanan Lake. The original Shoreline Substantial Development and Conditional Use Permit (SH 84-3) issued by Yakima County for Buchanan Lake still governs.
C. Subject to subsection H of this section, wherever the “floodway” has been established by a flood insurance study prepared by the Federal Emergency Management Agency (FEMA), shoreline jurisdiction shall be the floodway plus two hundred feet, measured on a horizontal plane, or the one-hundred-year floodplain, whichever is lesser.
D. Subject to subsection H of this section, whenever the one-hundred-year floodplain has been identified by a flood insurance study prepared by the Federal Emergency Management Agency but where no “floodway” has been identified, shoreline jurisdiction shall be the one-hundred-year floodplain boundary or two hundred feet, measured in a horizontal plane, from the ordinary high water mark, whichever is greater.
E. Whenever there are no detailed floodplain or floodway studies, shoreline jurisdiction shall be two hundred feet, measured on a horizontal plane, from the ordinary high water mark.
F. Where a channel migration zone (CMZ) has been identified, and extends beyond the jurisdiction established by subsection C of this section, jurisdiction shall extend to the extent of the CMZ, but not beyond the limits of subsection D of this section.
G. Those wetlands and river deltas which are in proximity to and either influence or are influenced by the shorelines. This influence includes, but is not limited to, one or more of the following: periodic inundation, location within a floodplain, or hydraulic continuity.
H. Under no circumstances shall shoreline jurisdiction be less than two hundred feet, measured on a horizontal plane, from the ordinary high water mark of the shoreline water body, except that those portions of Buchanan Lake within two hundred feet of the Yakima River are excluded from shoreline jurisdiction until Buchanan Lake is regulated as a shoreline water body. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).