Chapter 17.07
USE-SPECIFIC AND MODIFICATION REGULATIONS
Sections:
17.07.030 Boating and private moorage facilities.
17.07.040 Commercial and service development.
17.07.050 Dredging and dredge material disposal.
17.07.080 In-water structures.
17.07.100 Recreational development.
17.07.110 Residential development.
17.07.120 Shoreline habitat and natural systems enhancement projects.
17.07.130 Shoreline stabilization.
17.07.150 Transportation and parking.
17.07.170 Redevelopment, repair, and maintenance.
17.07.010 Agriculture.
A. For shoreline purposes, WAC 173-26-020 (Definitions) and 173-26-241(3)(a) (Agriculture) shall determine the need for shoreline review for agricultural activities.
B. The provisions of this SMP do not limit or require modification of agricultural activities on agricultural lands as of the date of adoption of the SMP.
C. SMP provisions shall apply in the following cases:
1. New agricultural activities on land not meeting the definition of agricultural land;
2. Expansion of agricultural activities on nonagricultural lands or conversion of nonagricultural lands to agricultural activities;
3. Conversion of agricultural lands to other uses;
4. Other development on agricultural land that does not meet the definition of agricultural activities; and
5. Agricultural development and uses not specifically exempted by the Act.
D. Concentrated animal feeding operations (see definition in YMC 17.01.090) are prohibited in shoreline jurisdiction.
E. New agricultural activities and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency.
F. Development in support of agricultural uses shall be consistent with the environment designation intent and management policies, located and designed to assure no net loss of ecological functions, and shall not have a significant adverse impact on other shoreline resources and values. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.020 Aquaculture.
The following provisions apply to any development, construction, or use of land or water for aquacultural purposes within shoreline jurisdiction:
A. All structures located within water bodies shall not preclude navigability of those waters at any time, and shall be clearly marked so as to provide no hazard to navigation on those waters.
B. Aquaculture facilities shall be designed and located to avoid significant conflict with water-dependent uses, the spreading of disease, introduction of nonnative species, or impacts to shoreline aesthetic qualities.
C. New aquaculture proposals shall comply with mitigation sequencing requirements as outlined in YMC 17.05.020(D), and with all other general standards in Chapter 17.05 YMC. Aquaculture activities that would have a significant adverse impact on natural, dynamic shoreline processes, or that would result in a net loss of shoreline ecological functions, shall be prohibited.
D. Potential locations for aquaculture are relatively restricted due to specific requirements for water quality, temperature, flows, oxygen content, adjacent land uses, wind protection, and commercial navigation. The technology associated with some forms of present-day aquaculture is still in its formative stages and experimental. Therefore, some latitude in the development of this use should be given, while the potential impacts on existing uses and natural systems are recognized.
E. Aquaculture that supports recovery of endangered or threatened fish species or supports public or community recreation is encouraged provided it is conducted within the bounds of subsections A through C of this section. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.030 Boating and private moorage facilities.
A. All boating facilities and residential moorage structures shall be the minimum size necessary to meet the needs of the use.
B. New pier or dock construction, excluding docks accessory to single-family residences, must demonstrate that a specific need exists to support the intended water-dependent or public access use. Docks associated with single-family residences are defined as water-dependent uses provided they are designed and intended as a facility for access to watercraft.
C. New residential development of two or more dwellings must provide joint-use or community dock facilities, when feasible, rather than allow individual docks for each residence.
D. Docks, piers, and any other over-water structures for purposes of temporary or permanent boat moorage are prohibited in free-flowing streams and rivers.
E. Public, commercial, industrial, or community residential boating facilities shall:
1. Comply with the health, safety and welfare standards of state and local agencies for such facilities;
2. Be so located and designed as not to obstruct or cause danger to normal public navigation of water bodies, if applicable;
3. Be restricted to suitable locations;
4. Avoid or mitigate for aesthetic impacts;
5. Mitigate impacts to existing public access and navigation, if applicable;
6. Provide documentation of ownership or authorization to use associated water areas;
7. Demonstrate that state and local regulations will be met. Agencies responsible for such regulations shall be consulted as to the viability of the proposed design; and
8. Submit an operations and site plan demonstrating:
a. Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality;
b. Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities;
c. Adequate facilities to properly handle wastes from holding tanks;
d. That boating facilities are located only at sites with suitable environmental conditions, shoreline configuration, and access; and
e. Adequate access, parking, and restroom facilities for the public when required or appropriate. Such facilities should be located away from the immediate water’s edge.
F. Private Residential Docks.
1. Aspen Lake. The maximum length of docks is eight feet measured perpendicular from the OHWM, and no new dock may be situated directly across from an existing dock.
2. Willow Lake. The maximum length of docks is twelve feet measured perpendicular from the OHWM.
G. Boat Launches.
1. Launch ramps shall be designed and constructed using methods/technology that have been recognized and approved by state and federal resource agencies as the best currently available, with consideration for site-specific conditions and the particular needs of that use. At a minimum, they shall minimize the obstruction of currents, alteration of sediment transport, and the accumulation of drift logs and debris.
2. New boat launch facilities shall be approved only if they provide public access to public waters that are not adequately served by existing access facilities, or if use of existing facilities is documented to exceed the designed capacity. Prior to providing boat launch facilities at a new location, documentation shall be provided demonstrating that expansion of existing launch facilities is not feasible or would not be adequate to meet a specific recreation or safety-related demand. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.040 Commercial and service development.
The following provisions apply to any development, construction, or use of land or water for commercial and community service purposes within shoreline jurisdiction:
A. Water-dependent commercial development shall be given priority over nonwater-dependent commercial uses. Secondarily, water-related and water-oriented uses shall be given priority over nonwater-oriented commercial uses.
B. Application for new commercial or community services shall demonstrate either:
1. How the use qualifies as a water-oriented use and how facilities function as such; or
2. The use is part of a mixed-use project that includes water-dependent uses; or
3. Navigability is severely limited at the proposed site, and the use will provide a significant public benefit towards meeting SMA objectives, such as providing public access consistent with YMC 17.05.050 and ecological restoration; or
4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel.
C. Mixed-use buildings, as defined in YMC 17.03.070, may be allowed subject to compliance with all of the following criteria:
1. The project includes one or more water-dependent uses.
2. Water-dependent commercial uses as well as other water-oriented commercial uses have preferential locations along the shoreline.
3. The underlying zoning district permits residential uses together with commercial uses.
4. Public access is provided for substantial numbers of persons in accordance with YMC 17.05.050 and ecological restoration is provided as a public benefit. The shoreline administrator shall interpret substantial numbers of persons consistent with the Act, SMP Guidelines, and Shorelines Hearings Board cases.
5. Residential uses meet requirements of YMC 17.07.130.
D. If required by YMC 17.05.050, commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas.
E. Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water-dependent uses. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.050 Dredging and dredge material disposal.
A. Siting and Design. New development shall be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging.
B. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts, and impacts which cannot be avoided shall be mitigated in a manner that assures no net loss of shoreline ecological functions. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.
C. Dredging shall be permitted for the following activities when significant ecological impacts are minimized and when mitigation is provided:
1. Establishment, expansion, relocation or reconfiguration of navigation channels and basins where necessary for assuring safe and efficient accommodation of existing navigational uses.
2. Maintenance dredging of established navigation channels and basins, provided dredging is restricted to maintaining previously dredged and/or existing authorized location, depth, and width.
3. Development, expansion and maintenance of essential public facilities when there are no feasible alternatives.
4. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
5. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat.
6. Reduction of flood hazards.
D. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high water mark. The project must be either associated with a Model Toxics Control Act or Comprehensive Environmental Response, Compensation, and Liability Act habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project.
E. Use of dredged material for the purpose of ecological restoration is encouraged.
F. Disposal of dredge material on shorelands or wetlands within a river’s channel migration zone is discouraged. In the limited instances where it is allowed, such disposal requires a shoreline conditional use permit. This provision is not intended to address discharge of dredge material into the flowing current of the river or in deep water within the channel where it does not substantially affect the geohydrologic character of the channel migration zone.
G. Hydraulic dredging (see definition in YMC 17.01.090) or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
H. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.
I. Dredge spoils are also considered fill, and shall not be deposited within a water body except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.
J. The city may approve five-year management plans addressing maintenance dredging, use of best management practices, and other measures to assure no net loss of shoreline ecological functions.
K. All applications for shoreline permits that include dredging shall supply a dredging plan that includes the following information:
1. The quantity of material to be removed.
2. The method of removal.
3. Location of spoil disposal sites and measures that will be taken to protect the environment around them.
4. Plans for the protection and restoration of the shoreline environment during and after dredging operations.
L. A dredging operation judged by the administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.060 Fill.
A. All fills shall be located, designed and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration. Any adverse impacts to shoreline ecological functions shall be mitigated.
B. Permissible fill in sensitive areas, including fill within wetlands, floodways, channel migration zones, or waterward of the OHWM, shall only be permitted in limited instances for the following purposes and when other required state or federal permits have been obtained, with due consideration given to specific site conditions, and only along with approved shoreline use and development activities that are consistent with this SMP, such as:
1. Water-dependent uses, public access, and cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan;
2. Disposal of dredged material considered suitable under, and conducted in accordance with, the Dredged Material Management Program of the Department of Natural Resources and/or the Dredged Material Management Office of the U.S. Army Corps of Engineers (see YMC 17.07.050 of this SMP);
3. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible;
4. Ecological restoration or enhancement when consistent with an approved restoration plan;
5. Maintenance or installation of flood hazard reduction measures consistent with a comprehensive flood hazard management plan and YMC 17.05.060, Flood hazard reduction;
6. Protection of cultural or historic resources when fill is the most feasible method to avoid continued degradation, disturbance or erosion of a site. Such fills must be coordinated with the Yakama Nation and comply with applicable provisions of YMC 17.05.010 of this SMP.
All fills waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a shoreline conditional use permit.
C. Permissible Upland Fill. All other upland fill is permitted, provided it:
1. Is conducted outside applicable buffers, unless specifically allowed in buffers;
2. Is part of an approved shoreline use or modification, or is necessary to provide protection to cultural or historic resources;
3. Is the minimum necessary to implement the approved use or modification;
4. Is planned to fit the topography so that minimum alterations of natural conditions will be necessary;
5. Does not adversely affect hydrologic conditions or increase the risk of slope failure; and
6. Is consistent with applicable provisions of Chapter 17.09 YMC, particularly regulations governing floodways and one-hundred-year floodplains.
D. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the shoreline area. Other alternatives shall be preferred over fill to elevate new structures in the floodplain, such as use of pile or pier supports, posts, columns, other zero-rise methods, or increasing foundation height.
E. Unless site characteristics dictate otherwise, fill material within aquatic fish and wildlife habitat conservation areas or wetlands shall be sand, gravel, rock, or other clean material obtained from a state-certified source, with a minimum potential to degrade water quality and meeting the specifications included in project plans approved by local, state and federal review agencies.
F. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
G. Erosion Control. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent with the Stormwater Management Manual for Eastern Washington, or the most recent adopted stormwater manual, shall be provided for all proposed fill and excavation activities, and approved by the shoreline administrator prior to commencement of activity. Disturbed areas shall be immediately protected from erosion using weed-free straw, mulches, hydroseed, or similar methods and revegetated, as applicable.
H. Projects that propose fill shall make every effort to acquire fill on site (also known as compensatory storage) where appropriate.
I. Fill should not obstruct, cut off, or isolate aquatic fish and wildlife habitat conservation areas. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.070 Industry.
The following provisions apply to any development, construction, or use of land for industrial purposes within shoreline jurisdiction:
A. Water-dependent uses shall be given preference over nonwater-dependent uses. Water-oriented industrial uses shall be given preference over nonwater-oriented uses.
B. Facilities and structures shall be designed and screened with vegetation to minimize degradation of shoreline aesthetic qualities.
C. The location, design, and construction of industrial uses and redevelopment are required to demonstrate no net loss of ecological functions and that significant adverse impacts to other shoreline resources and values are avoided. Industries which have proven to be environmentally hazardous are prohibited from locating along the shorelines provided such industries may be allowed consistent with the Shoreline Use and Modification Matrix (Table 03.070-1) if a hazard mitigation plan is approved by the shoreline administrator upon a finding that the plan would adequately mitigate hazards and provide for no net loss of ecological function. If the plan is found insufficient for protection of the shoreline environment, the shoreline administrator may require a third-party review of the hazard mitigation plan at the applicant’s expense.
D. New industrial uses and redevelopment of industrial uses shall provide for environmental cleanup and restoration in degraded or contaminated locations.
E. Application for new industrial activities shall demonstrate either:
1. How the use qualifies as a water-oriented use and how facilities function as such; or
2. That a nonwater-oriented use is part of a mixed-use development that includes a water-dependent use; or
3. Navigability is severely limited at the proposed site and the use will provide a significant public benefit towards meeting SMA objectives, such as providing public access and ecological restoration; or
4. That a nonwater-oriented use is physically separated from the shoreline by either a public right-of-way or a separate parcel.
F. New or expanded industrial developments shall be required to make adequate provisions for public and private visual and physical shoreline access unless such a requirement would interfere with operations or create hazards to life or property or another exception is met consistent with YMC 17.05.050. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.080 In-water structures.
A. Prohibited and Allowed Projects. Projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood stages and velocities are prohibited. Structures waterward of the ordinary high water mark allowed only for water-dependent uses, public access, shoreline stabilization, or other specific public purpose.
B. Soil Stabilization. Upland cut-and-fill slopes and back-filled areas resulting from installation of in-water structures shall be stabilized with bioengineering approaches, including but not limited to brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes. In order to ensure soil stabilization, revegetation must include native shrubs or trees and may not be limited to native grasses.
C. Water Quality. In-water structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The city shall require conditions to achieve this objective.
D. Prohibited Structures. In-water structures may not utilize components other than those designed expressly for the approved in-water use.
E. Natural Features. Natural in-water features, such as snags, uprooted trees, or stumps, shall be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages or pose a hazard to navigation or human safety.
F. Protect Functions, Processes and Cultural Resources. In-water structures shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. The location and planning of in-water structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.
G. Design. In-water structures shall be designed by a qualified professional as determined by the shoreline administrator. In-water structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided channels. In-water structures shall not be a safety hazard or obstruct water navigation as determined by the shoreline administrator.
H. Permits. Construction of in-water structures may not commence without having obtained all applicable federal, state, and local permits and approvals.
I. Public Access. Design of in-water structures by public entities, including the city, other local governments, state and federal agencies, and public utility districts, shall include access to public shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigable ecological impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a minimum, in-water structures should not decrease public access or use potential of shorelines. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.090 Mining.
The following provisions shall apply to commercial mining within shoreline jurisdiction. Processing and other activities that occur off site or after active mineral extraction has concluded on site are also regulated as an industrial use (see YMC 17.07.070):
A. Prior to the authorization of a commercial mining operation, the project proponent shall provide maps to scale which illustrate the following:
1. The extent to which excavation and processing will affect or modify existing fish and wildlife habitat conservation areas, including existing riparian vegetation;
2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation;
3. The description, location, and extent of any proposed subsequent use that would be different than existing uses.
B. The operations and any subsequent use or uses shall not cause permanent impairment or loss of critical area functions and values. Mitigation shall be provided consistent with YMC 17.09.010(I), 17.09.030(P), or 17.09.040(F).
C. Except where authorized by the city in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply:
1. The excavation zone shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the water body.
2. Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM.
3. Washing, crushing, screening, or stockpiling of mined materials shall not occur within one hundred feet of the OHWM.
D. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards (Chapter 332-18 WAC, Chapter 78.44 RCW).
E. Additional Shoreline Standards for Industrial Mining.
1. Applicants shall submit a mining and reclamation plan to the shoreline administrator describing the proposed site, quantity of material to be removed, method of removal, and measures that will be taken to protect lakes and streams from siltation and sedimentation. A surface mining plan or a reclamation plan judged by the shoreline administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a shoreline permit.
2. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding.
3. New mining and associated activities shall assure that proposed subsequent use of the mined property is consistent with the provisions of the environment designation and that reclamation of disturbed shoreline areas provides appropriate ecological functions consistent with the setting. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.100 Recreational development.
The following provisions apply to any development, construction, or use of land or water for recreational purposes within shoreline jurisdiction, whether public or commercial:
A. Recreational activities must be compatible with existing or proposed uses in the area and must not create a noise, traffic, visual or similar problem.
B. The location, design, and operation of recreational facilities shall be consistent with the purpose of the environmental designation.
C. Recreational uses and facilities located within shoreline jurisdiction shall include features that relate to access, enjoyment and use of the water and shorelines of the state. Access to recreational areas should emphasize both consolidated park or open space areas and trail access. Linkage of shoreline parks and public access points by means of linear access should be encouraged.
D. Different uses within a specific recreational facility must be compatible with each other.
E. Commercial components of the use that are not explicitly related to the recreational operation must also conform to the commercial use standards of YMC 17.07.040 (Commercial and service development).
F. Recreational development shall demonstrate achievement of no net loss of ecological functions.
G. Applicants may apply for a multiyear recreation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.110 Residential development.
The following provisions apply to any development, construction, or use of land for residential purposes within shoreline jurisdiction:
A. New multiunit development, plats or subdivisions containing land adjacent to publicly owned or controlled bodies of water shall allow for pedestrian access to such water bodies for residents and the public consistent with YMC 17.05.050.
B. Residential development and preliminary plats shall contain plans indicating how shoreline vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion control plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan is found insufficient for protection of the shoreline environment, the shoreline administrator may require a third-party review at the applicant’s expense.
C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences. A geotechnical analysis (see definition in YMC 17.01.090) shall be provided to demonstrate that such structures are unnecessary to protect proposed residences; this study may be waived by the shoreline administrator if a study or information provided by the USACE, FEMA, Ecology, or other agency exists and provides sufficient information to conclude that shoreline stabilization and flood control structures are not necessary.
D. New floating residences and over-water residential structures shall be prohibited in shoreline jurisdiction.
E. Private lake owners or homeowners’ associations may apply for a multiyear residential maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170.
F. Single-family residences identified as a priority use only when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.120 Shoreline habitat and natural systems enhancement projects.
A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat for priority species in shorelines. Such projects may include shoreline modification actions such as modification of vegetation, removal of nonnative or invasive plants, shoreline stabilization, dredging, and filling; provided, that the primary purpose of such actions is clearly restoration of the natural character and ecological functions of the shoreline. This section does not apply to mitigation.
B. Approved Plan. Restoration and enhancement shall be carried out in accordance with an approved shoreline restoration plan.
C. Protect Adjacent Resources. All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality.
D. Maintenance and Monitoring. Long-term maintenance and monitoring (minimum of three years, but preferably longer) shall be arranged by the project applicant and included in restoration or enhancement proposals.
E. Adverse Effects. Shoreline restoration and enhancement may be allowed if the project applicant demonstrates that no significant adverse changes to sediment transport or river current will result and that the enhancement will not adversely affect ecological processes, properties, or habitat.
F. Use of Best Information and BMPs. Shoreline restoration and enhancement projects shall be designed using the most current, accurate and complete scientific and technical information, and implemented using best management practices.
G. Public Use of Waters and Lands. Shoreline restoration and enhancement shall not interfere with lands or waters dedicated specifically for public use, as determined by the shoreline administrator, without appropriate mitigation. For projects on state-owned aquatic lands, project proponents must coordinate with the Washington Department of Natural Resources to ensure the project will be appropriately located prior to the solicitation of permits from regulatory agencies.
H. Relief for OHWM Shifts. Applicants seeking to perform restoration projects are advised to work with the city to assess whether and how the proposed project is allowed relief under RCW 90.58.580, in the event that the project shifts the OHWM landward. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.130 Shoreline stabilization.
A. Shoreline stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property, structures, uses or facilities, and which stabilization will not jeopardize other upstream or downstream properties. A geotechnical analysis must estimate time frames and rates of erosion and report on the urgency associated with the specific situation. New hard shoreline stabilization solutions to protect primary structures shall not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such measures, or where waiting until the need is that immediate would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures.
B. New development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not require shoreline stabilization in order for reasonable development to occur using geotechnical analysis of the site and shoreline characteristics.
C. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise.
D. Stabilization projects shall be limited in size to the minimum protective measures necessary, and shall use measures designed to assure no net loss of shoreline ecological functions and avoidance and minimization of impacts to sediment transport processes. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses.
E. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the original ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with YMC 17.07.060 (Fill).
F. Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects.
G. Shoreline stabilization measures shall be designed, located, and constructed in such a manner as to minimize the disruption of natural channel characteristics.
H. Required geotechnical reports shall meet the provisions of the definition provided in YMC 17.01.090.
I. Demonstration of Necessity. New structural shoreline stabilization measures shall not be allowed except when necessity is demonstrated in the following manner:
1. New or enlarged structural stabilization measures to protect an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shore stabilization.
2. Erosion control structures in support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply:
a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
b. Nonstructural measures, such as placing the development farther from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as currents and waves.
3. Erosion control structures in support of water-dependent development when all of the conditions below apply:
a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
b. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
4. Erosion control structures to protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to the Model Toxics Control Act (Chapter 70.105D RCW) shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that demonstrates that nonstructural measures, such as planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
J. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion. For purposes of this section, “replacement” means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.
K. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shore stabilization structure.
L. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.140 Signs.
A. Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington State Scenic Vistas Act of 1971, where applicable.
B. Signs shall meet applicable city municipal code requirements regarding size, location, lighting, and other relevant performance standards.
C. Proposals for signage shall submit plans for signage at the time of application for shoreline permits, including shoreline exemptions.
D. The shoreline administrator may condition re vegetation regarding size, illumination, and placement, to ensure that signage is compatible with adjacent shoreline environments and does not:
1. Significantly (see definition in YMC 17.01.090) obstruct visual access to the water from public lands or a substantial number of residences per YMC 17.03.080, Development standards, and Shorelines Hearings Board case law; or
2. Impair scenic vistas to the Yakima Greenway or Naches River or associated lakes; or
3. Impair driver vision such as due to lines of sight, type or frequency of lighting, or other feature that has the potential to result in safety concerns. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.150 Transportation and parking.
The following provisions shall apply to the location and construction of roads; railroads; bridges; water crossings; pedestrian, bicycle, and public transportation; and parking within shorelines, where appropriate:
A. Transportation and parking activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit, but shall meet applicable provisions of this master program. Applicants may apply for a multiyear transportation maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded transportation and parking facilities must be designed and located where they will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions, and will not adversely impact existing or planned water-dependent uses.
C. New or expanded roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography, and other conditions preclude locations outside the stream corridor. Applications for new or expanded roads and railroads shall demonstrate through engineering studies that a shoreline location is the most feasible of the available options.
1. Construction of roadways or railroads across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
2. Roadways or railroads that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor.
3. Roadways or railroads within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor features.
D. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the corridor if it contains material unsuited to the current construction project. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor.
E. Bridges, water-crossing structures, or necessary fill to elevate roadways shall not constrict the stream channel; impede the normal flow of floodwaters, sediment, and woody debris; or cause displacement that would increase the elevation of floodwaters such that it would cause properties not in the floodplain to be flood-prone.
F. Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainage ways. Where bridges are not feasible, large, natural bottom culverts; multiplate pipes; and bottomless arches shall be used, and shall be designed consistent with the latest guidance from the Washington Department of Fish and Wildlife.
G. Parking. The standards in this section only apply to new or expanded uses within shoreline jurisdiction.
1. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to support an authorized use consistent with the use matrix and definitions in YMC 17.03.070 and 17.01.090, respectively.
2. Parking areas shall be located upland of the areas they serve, unless:
a. A location waterward is required to meet Americans with Disabilities Act requirements; or
b. No other feasible location upland of the area served is possible due to topographical or other physical constraints.
c. In the above cases in subsections (G)(2)(a) and (G)(2)(b) of this section, parking shall be located as far upland from the OHWM as feasible, recognizing the limited supply of shoreline areas.
3. Proposals for new or expanded parking facilities shall minimize environmental and visual impacts of parking facilities through compliance with Chapter 17.05 YMC, General Regulations, Chapter 17.09 YMC, Critical Areas in Shoreline Jurisdiction, and applicable city zoning standards addressing lighting and landscaping. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.160 Utilities.
The following provisions shall apply to the location, construction, or installation of utility transmission lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within shoreline jurisdiction:
A. Utilities activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to obtain a shoreline substantial development permit, but shall meet applicable provisions of this master program. Applicants may apply for a multiyear utilities maintenance plan for exempt and nonexempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded nonwater-oriented utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are nonwater-oriented, shall not be allowed in shoreline jurisdiction unless it can be demonstrated that:
1. No other feasible option is available; or
2. The new location is necessary due to channel migration or levee setback; or
3. The facilities are being added or improved to meet federal or state mandates.
C. Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor. For example, lines and facilities that are essential public facilities (e.g., regional sewer facilities) that must cross the stream are permitted.
1. Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
2. The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under YMC 17.09.030.
D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor.
E. Buried utility transmission lines crossing a stream corridor shall be buried a sufficient depth below the bankfull depth of the waterway, associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis.
F. Preference shall be given to utility systems contained within the footprint of an existing right-of-way or utility easement over new locations for utility systems. Wherever possible, new aboveground installations shall use available, existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings.
G. Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical.
H. Transmission support structures shall be located clear of high flood velocities, located in areas of minimum flood depth which require the least floodproofing, and shall be adequately floodproofed.
I. Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow.
J. Utility services to individual projects undergoing shoreline review, including those where the primary use may be in a different shoreline environment than the utility service, shall not require separate substantial development permits for utility service installations, but are subject to all of the provisions in this section, except those listed below. Utility service to projects outside shoreline jurisdiction is subject to normal shoreline permitting, and is subject to all of the provisions in this section, except those listed below.
1. Where feasible, utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive.
2. New utility facilities shall be designed and located to preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses, especially recreation, residential and public access.
3. Expansion, updating, and maintenance of existing facilities is allowed, but shall be designed to be located to avoid adverse impacts and achieve no net loss of ecological function to shoreline resources as much as possible.
4. The presence of existing utilities shall not justify more intense development beyond levels planned in the comprehensive plan or zoning.
5. Permit applications shall meet the following submittal review standards:
a. Applications shall submit studies (social, economic, environmental, engineering, etc.) to demonstrate that a shoreline location is the most feasible of the available options.
b. Applications to locate transmission lines shall submit a location plan that shows existing utility routes in the vicinity of the proposed transmission line. Failure of utility lines to follow existing routes, where feasible, shall cause denial of the application.
c. Applications shall include a reclamation plan that provides for revegetation and protection of shoreline areas from erosion and siltation. A revegetation or erosion protection plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan is found insufficient for protection of the shoreline environment, the shoreline administrator may require a third-party review at the applicant’s expense. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.07.170 Redevelopment, repair, and maintenance.
This section addresses how regulations apply to redevelopment, repair, or maintenance activities; clarifies how SMP standards proportionally apply to redevelopment activities; and provides a process for multiyear management plans for maintenance and repair.
A. SMP provisions shall not apply retroactively to existing uses and developments.
B. Legally established uses and developments may be maintained, repaired, and operated within shoreline jurisdiction and within shoreline and critical areas buffers established in this SMP. Normal maintenance and repair, as specified in YMC 17.01.090, is exempt from a shoreline substantial development permit, but not the standards of the SMP.
C. Consistent with the applicability provisions of YMC 17.01.020, SMP standards shall apply to expansions or alterations of uses or developments and to new development or redevelopment of a property as follows:
1. The shoreline administrator shall determine the extent of compliance with SMP provisions.
2. The required provisions shall be related to and in proportion to the proposal. For example, if an upper story is added to a structure, requirements related to building heights and views may apply. If vegetation is removed beyond normal maintenance pursuant to YMC 17.05.030, vegetation conservation and shoreline buffer standards may apply.
D. In order to provide consistent interpretation of SMP exemptions, streamline permitting, determine applicable SMP standards regarding maintenance or repair activities, apply best management practices or protocols to ensure no net loss of shoreline ecological function, and identify the need for notification of activities, the city may approve multiyear programmatic shoreline exemptions consistent with specific exempt activities allowed in YMC 17.13.050 for the following types of uses and modifications:
1. Dredging.
2. Private development and facilities on private lakes.
3. Public parks and recreation.
4. Transportation facilities.
5. Utility facilities, including but not limited to wastewater and water systems.
E. Applicants for multiyear maintenance plans shall provide the following information for consideration by the shoreline administrator:
1. Description of proposed maintenance activities and best management practices;
2. Type, methods, and frequency of maintenance or repair activities;
3. Length of requested multiyear maintenance plan. Multiyear maintenance approval should not exceed five years, except where expressly allowed in this master program;
4. Specification of which activities the applicant will regularly notice the city or which do not require advanced notice;
5. Description of aquatic habitat protection measures and any applicable permits received for that work;
6. Description of riparian and wetland protection measures and any applicable permits received for that work;
7. Description of stormwater management practices to reduce both water quantity and water quality impacts and any applicable permits received for that work;
8. Description of erosion and sediment control practices that prevent off-site movement;
9. Description of revegetation or restoration activities following maintenance or repair;
10. Description of chemical and nutrient use and containment practices such as integrated pest management (IPM); and
11. Description of compliance with use-specific criteria in subsections F through J of this section.
F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with regulations in YMC 17.07.050.
G. Private Development and Facilities on Private Lakes.
1. A multiyear maintenance plan for private development and facilities on private lakes shall be consistent with covenants, codes, and restrictions of a property owners’ association, where such an association exists.
2. The applicable use or modification performance standards of this chapter shall be demonstrated to be met by applications for multiyear maintenance plans.
H. Public Parks and Recreation.
1. A multiyear maintenance plan for public parks and recreation facilities shall describe management objective or desired outcome for shoreline habitat and water quality topics stated in application criteria in subsections (E)(3) through (E)(9) of this section, specific performance requirements for each standard, and corrective actions that would be implemented if the performance requirement(s) is not met.
2. Applications for parks and recreation maintenance plans shall demonstrate compliance with regulations in YMC 17.07.100.
I. Transportation Facilities. Applications for transportation maintenance plans shall demonstrate compliance with regulations in YMC 17.07.150.
J. Utility Facilities. Applications for utility maintenance plans shall demonstrate compliance with regulations in YMC 17.07.160.
K. City Authorization of Multiyear Programmatic Maintenance Plans.
1. The city may approve multiyear programmatic maintenance plans that solely contain exempt activities consistent with the interpretation process of YMC 17.13.020, when consistent with the following criteria:
a. The policies and procedures of the SMA;
b. The provisions of Chapter 173-27 WAC;
c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
d. This title.
2. The city may approve multiyear programmatic maintenance plans that include a combination of exempt and nonexempt activities. The permit process shall follow the permit process consistent with nonexempt activities pursuant to YMC 17.03.070, Shoreline use and modification matrix. The criteria for approval shall follow the applicable criteria for the permit type in Chapter 17.13 YMC, e.g., shoreline substantial development permit or shoreline conditional use permit.
3. The city may attach conditions to the approval of multiyear maintenance plans as necessary to assure consistency of the project with the Act and this SMP. Additionally, nothing shall interfere with the city’s ability to require compliance with all other applicable laws and plans. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).