Chapter 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION

Chapter 17.09
CRITICAL AREAS IN SHORELINE JURISDICTION

Sections:

17.09.010 General provisions.

17.09.020 Flood hazard areas.

17.09.030 Fish and wildlife habitat conservation areas.

17.09.040 Wetlands.

17.09.050 Geologically hazardous areas.

17.09.060 Critical aquifer recharge areas.

17.09.010 General provisions.

A. Purpose of Chapter. The purpose of this chapter is to establish a single, uniform system of procedures and standards for development within designated critical areas within the shoreline jurisdiction of the incorporated city of Yakima.

B. Intent of Chapter. This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (Chapter 36.70A RCW) and development regulated under the National Flood Insurance Program. Flood hazard areas, fish and wildlife habitat conservation areas, wetlands, geologically hazardous areas, and areas with a critical recharging effect on aquifers used for potable water constitute the city of Yakima’s critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Yakima and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state’s natural resource base. The policies, standards, and procedures of this chapter are intended to:

1. Preserve development options within designated critical areas where such development will result in “no net loss” of the functions and values of the critical areas;

2. Where appropriate, avoid uses and development which are incompatible with critical areas;

3. Prevent further degradation of critical areas;

4. Conserve and protect essential or important natural resources;

5. Protect the public health, safety, and general welfare;

6. Further the goals and policies of the Yakima Comprehensive Plan 2040;

7. Implement the goals and requirements of the Washington Growth Management Act (Chapter 36.70A RCW), the Shoreline Management Act (Chapter 90.58 RCW), and the National Flood Insurance Program (CFR Title 42);

8. Recognize and protect private property rights; and

9. Provide development options for landowners of all existing lots to the greatest extent possible.

C. The policies, standards and procedures of this chapter are not intended to:

1. Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter;

2. Result in an unconstitutional regulatory taking of private property;

3. Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the property;

4. Presume that regulatory tools are the only mechanism for protection; and

5. Prohibit the use of valid water rights.

D. Applicability. The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Yakima’s shoreline jurisdiction that is designated as a critical area. However, this chapter does not apply to the situations below:

1. Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally nonconforming uses.

2. It is the intent of this chapter to permit these preexisting legally nonconforming uses and structures to continue until such time as conformity is possible:

a. 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 (including temporary signs) are not subject to this chapter;

b. Mining, as defined in YMC 17.01.090, as carried out under a Washington Department of Natural Resources reclamation permit, is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply.

E. Critical Areas Development Authorization Required.

1. No new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in subsection H of this section or YMC 17.13.050.

2. With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state and/or federal permits or authorizations. Development, construction or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt.

3. Approval of a development authorization under this chapter shall be in addition to and not a substitute for any other development permit or authorization required by the city of Yakima. Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction or use.

4. Development authorizations shall be issued in accordance with this chapter, the Shoreline Management Act, and permit procedures of Chapter 173-27 WAC.

5. Coordination With Other Jurisdictions.

a. Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the shoreline administrator shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization. The decision of the shoreline administrator shall be based upon the following criteria:

i. The nature and scope of the project and the critical area features involved or potentially impacted;

ii. The purpose or objective of the permit or authorization and its relationship to protection of the critical area;

iii. The feasibility of coordinating the critical areas development authorization with other permitting agency;

iv. The timing of the permit or authorization.

b. If a determination has been made that provisions of this chapter can be handled in conjunction with another applicable development permit or authorization process, the shoreline administrator will not accept the development authorization and/or permits in place of a shoreline permit or critical areas development authorization. Project proponents may be required to provide additional site plans, data and other information necessary as part of that process to ensure compliance with this chapter. The shoreline administrator’s decision on the critical areas development authorization shall be coordinated to coincide with other permits and authorizations.

INQUIRY AND EARLY ASSISTANCE

F. Critical Areas Identification Form and Critical Areas Report Requirements.

1. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present.

2. Upon receipt of a critical areas identification form and site plan, the shoreline administrator or designee may conduct a site examination to review critical areas conditions. The shoreline administrator or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner.

3. The shoreline administrator or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical areas report shall be submitted in conformance with subsections P and Q of this section, except as provided below:

a. No Critical Areas Present. If the shoreline administrator or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical areas report is not required.

b. Critical Areas Present, but No Impact. If the shoreline administrator or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland.

c. Critical Areas May Be Affected by a Proposal. The shoreline administrator or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if:

i. The shoreline administrator is sufficiently able to determine the existence, location and type of the critical area;

ii. The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation; and

iii. The applicant agrees to provide mitigation the shoreline administrator deems adequate to mitigate for anticipated impacts.

4. Reports will generally fall into the following groups:

a. Determining the absence of a critical area;

b. Determining the existence, location and type of a critical area;

c. Determining impacts of an encroachment on a critical area and general mitigation measures; and

d. Developing a compensatory mitigation plan.

G. Preapplication Conference. Any new development or use falling under the provisions of this chapter may be subject to a preapplication conference. Prior to the preapplication conference, the project proponent must submit a critical areas identification form and preliminary site plan. The preapplication conference is intended to allow the shoreline administrator or designee to:

1. Establish the scope of the project and identify potential concerns that may arise;

2. Identify permits, exemptions, and authorizations, which the project proponent may need to obtain;

3. Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization;

4. Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and

5. Determine whether there is a need for a preliminary site assessment.

ABBREVIATED REVIEW ALTERNATIVES

H. Minor Activities Allowed Without a Critical Areas Permit. The project may require a shoreline permit or shoreline exemption under other provisions of this title. This chapter shall be inapplicable to the following actions:

1. Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas;

2. Minor maintenance and/or repair of structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, reroofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, waste ways, etc., is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers;

3. Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research;

4. Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation;

5. Maintenance and normal work of the Greenway pathway and grounds;

6. Planting of native vegetation;

7. Noxious weed control outside vegetative buffers identified in YMC 17.09.030(O) and 17.09.040(E); and

8. Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:

a. Hand removal/spraying of individual plants or other acceptable method approved by the administrative official;

b. No area-wide vegetation removal/grubbing.

I. Mitigation Requirements.

1. All mitigation shall be sufficient to maintain the functions and values of the critical area;

2. All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas;

3. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for as specified in YMC 17.05.020(D);

4. If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (April 2021 and March 2006 or as updated); and

5. Mitigation shall be in kind and on site, whenever possible, and may be out of kind and/or off site when deemed appropriate by the shoreline administrator or designee.

REVIEW PROCESS

J. Application Submittal.

1. Applications for development authorizations under this chapter shall be made on forms provided by the department. Application submittals shall include a site plan drawn to an engineering scale of 1:20 showing:

a. Dimensions of all sides of the parcel;

b. Size and location of existing and proposed structures;

c. Excavation, fill, drainage facilities, impervious surfaces, topography, slope;

d. Other information as needed to determine the nature and scope of the proposed development; and

e. Location of all critical areas.

2. The submittal shall also include all required critical areas reports prepared in conformance with subsections P and Q of this section.

3. To be complete, a critical areas development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the preapplication conference (subsection G of this section).

K. Determination of Review Process.

1. The shoreline administrator or designee shall determine from the application submittal and other available information what type of permit(s) and/or review(s) will be required under this chapter.

2. Specific information of permit type, review and process can be found in subsequent sections of this chapter and in Chapter 17.13 YMC.

L. Development Authorization—Review Procedure. Upon submittal and acceptance of a completed development authorization application, the shoreline administrator or designee shall process and review the application as follows:

1. Development authorizations shall be processed in accordance with statutory noticing requirements in YMC 17.13.030 and with specific requirements provided in Chapter 17.13 YMC, including but not limited to:

a. Submittals;

b. Completeness review;

c. Notices;

d. Hearings;

e. Decisions; and

f. Appeals.

2. In circumstances where a critical area is proposed to be altered, but the development otherwise requires only a shoreline exemption, the development must be reviewed and processed as a shoreline substantial development permit or a shoreline variance.

3. Development authorizations shall be reviewed in conformance with the applicable development standards of subsection R of this section and with YMC 17.09.030 through 17.09.060.

4. Decisions on a development authorization shall be consistent with subsections M and N of this section, and with any specific decision criteria provided under the section for each relevant permit type, as provided in Chapter 17.13 YMC and subsection R of this section.

M. Authorization Decisions—Basis for Action.

1. In addition to meeting the shoreline permit-specific criteria in Chapter 17.13 YMC, the action on any development authorization under this chapter shall also be based upon the following criteria:

a. Impact of the project to critical area features on and abutting the property;

b. Danger to life or property that would likely occur as a result of the project;

c. Compatibility of the project with the critical area features;

d. Conformance with applicable development standards;

e. Adequacy of the information provided by the applicant or available to the department.

2. Based upon the project evaluation, the shoreline administrator shall take one of the following actions:

a. Grant the development authorization;

b. Grant the development authorization with conditions, as provided in subsection N of this section, to mitigate impacts to the critical area feature(s); or

c. Deny the development authorization.

3. The decision by the shoreline administrator or designee shall include written findings and conclusions.

N. Conditional Approval of Development Authorization. In granting any development authorization, the shoreline administrator or designee may impose conditions to:

1. Accomplish the purpose and intent of this chapter;

2. Eliminate or mitigate any identified negative impacts of the project; and

3. Protect critical areas from damaging and incompatible development.

O. Fees and Charges. The Yakima city council shall establish the schedule of fees and charges listed in Chapter 15.26 YMC (Land Development Fees) for development authorizations, variances, appeals and other matters pertaining to this chapter.

CRITICAL AREAS REPORTS

P. Critical Areas Report Requirements.

1. The shoreline administrator or designee may require a critical areas report, paid for by the applicant, when it is determined necessary.

2. A qualified professional shall prepare the report consistent with most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity.

3. The critical areas report shall:

a. Demonstrate the proposal is consistent with the purposes and standards of this chapter;

b. Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and

c. Identify mitigation and protective measures.

4. The critical areas report shall include information addressing the supplemental report requirements (see subsection Q of this section).

5. The shoreline administrator or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures.

6. Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged.

7. The shoreline administrator or designee may require the preparation of a new critical areas assessment or a supplemental report if the initial assessment is in error.

8. The shoreline administrator or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved.

9. Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all critical areas delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set as specified by the city of Yakima engineer. The city may waive this requirement for single-family developments. Applicants are encouraged to coordinate with the shoreline administrator or designee regarding electronic submittal guidelines.

10. At a minimum, a critical areas report shall include the following information:

a. A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers;

b. A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the description shall identify the type and characteristics of the hazard;

c. An analysis of potential adverse impacts and how they will be mitigated or avoided. Geologically hazardous areas are additionally required to assess the risks posed by the development to critical areas, public and private properties, and both associated and unassociated nearby facilities and uses;

d. When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity, the mitigation shall additionally address the site, and other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected;

e. The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and

f. Additional reasonable information requested by the shoreline administrator or designee.

11. A critical areas report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site.

12. The shoreline administrator or designee may limit the geographic area of the critical areas report as appropriate.

13. Compensatory Mitigation Plans. When compensatory mitigation, as described in subsection I of this section, is proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical areas report, which includes:

a. A written report identifying environmental goals and objectives of the proposed compensation including a description of:

i. The anticipated impacts to the critical areas;

ii. The mitigating actions proposed;

iii. The purpose of the compensation measures, including site selection criteria;

iv. The compensation goals and objectives;

v. The desired resource functions;

vi. Construction activities start and completion dates; and

vii. Analysis of anticipated success of the compensation project;

b. A review of the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern supporting the proposed mitigation;

c. A description of the report and the author’s experience to date in restoring or creating the type of critical areas report Proposed;

d. Performance standards. The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained;

e. Detailed construction documents. The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as:

i. The proposed construction sequence, timing, and duration;

ii. Grading and excavation details;

iii. Erosion and sediment control features;

iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density;

v. Measures to protect and maintain plants until established; and

vi. Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits;

f. Monitoring program. The mitigation plan shall include:

i. A program for monitoring both construction of the compensatory project and its completion and survivability;

ii. A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met;

iii. Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project; and

iv. Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five years;

g. Contingency plan. Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met;

h. Financial guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with subsection (R)(1) of this section.

14. Innovative Mitigation.

a. Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

i. Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas;

ii. The applicant demonstrates the organizational and fiscal capability to act cooperatively;

iii. The applicant demonstrates that long-term management of the habitat area will be provided;

iv. There is a clear potential for success of the proposed mitigation at the identified site;

v. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans;

vi. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional mitigation approaches;

vii. The plan is consistent with the general purpose and intent of this section;

viii. The plan shall contain relevant management strategies which are within the scope of this section; and

ix. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance.

b. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios.

c. Projects that propose compensatory wetland mitigation shall also use the standards in YMC 17.09.040(E). For those situations where a mitigation bank may provide an opportunity for mitigation, the requirements in YMC 17.09.040(F) shall apply.

Q. Supplemental Report Requirements for Specific Critical Areas.

1. Fish and Wildlife Habitat Conservation Areas. When a critical areas report is required for a fish and wildlife habitat conservation area, it shall include the following:

a. A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in YMC 17.09.030(E);

b. Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic analysis report may be required. The report shall assume the conditions of the one-hundred-year flood, include on-site investigative findings, and consider historical meander characteristics in addition to other pertinent facts and data; and

c. A discussion of any federal, state or local management recommendations which have been developed for the species or habitats in the area, and how they will be incorporated into the project.

2. Wetlands. When a critical areas report is required for wetlands, it shall include the following:

a. The exact location of a wetland’s boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the approved federal wetland delineation manual and applicable regional supplements and the Washington State Wetland Rating System for Eastern Washington, revised October 2014 (Ecology Publication No. 14-06-030, or as revised);

b. All delineated wetlands and required buffers within two hundred feet of the project area shall be shown on the site plan. Available information should include, but not be limited to, aerial photos, land based photos, soils maps, or topographic maps;

c. An analysis of the wetlands including the following site related information:

i. A statement specifying the accuracy of the report and all assumptions made and relied upon;

ii. Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.;

iii. A description of the methodologies used to conduct the wetland delineations, or impact analyses including references; and

iv. Wetland category, including vegetative, faunal, and hydrologic characteristics;

d. For projects that will affect the wetland or buffer, provide the following:

i. A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in YMC 17.09.030(E) and 17.09.040(D)(1); and

ii. Mitigation sequencing, pursuant to YMC 17.05.020(D) to avoid, minimize, and mitigate impacts shall result in “no net loss” of acreage or functional values of wetlands and shall follow the guidance provided in YMC 17.09.040(E).

3. Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following:

a. A description of the site features, including surface and subsurface geology;

b. A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard;

c. A description of the vulnerability of the site to seismic and other geologic processes and hazards; and

d. A description of any potential hazards that could be created or exacerbated as a result of site development;

e. For developments in or affecting landslide hazard areas the report shall also include:

i. Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of YMC Title 11 (Buildings);

ii. An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope; and

iii. Description of the run-out hazard of landslide debris to the proposed development that starts upslope and/or the impacts of landslide run-out on downslope properties and critical areas.

4. Critical Aquifer Recharge Areas. The approach of the city of Yakima critical areas regulations is to require a level of study and analysis commensurate with potential risks to wellhead protection zones associated with particular sites and particular proposals. At a minimum, all applicants shall review the history of the site and conduct a surface reconnaissance. The purpose of a critical aquifer recharge area report is to evaluate the actual geologic conditions and determine the site’s proximity to or location within a wellhead protection zone; evaluate the safety and appropriateness of proposed activities; and recommend appropriate construction practices, monitoring programs, and other mitigation measures required to ensure achievement of the purpose and intent of these regulations. The information required by this report should be coordinated with the study and reporting requirements for any other critical areas located on the site. A critical aquifer recharge area report shall be prepared by a qualified professional who is a hydrogeologist, geologist, or engineer who is licensed in the state of Washington and who has experience in preparing hydrogeologic assessments.

a. Level One Hydrological Assessment. At sites located within Wellhead Protection Zones 1 through 3, defined in YMC 17.09.060(C)(1), a critical aquifer recharge area report shall contain a level one hydrological assessment which includes the following site- and proposal-related information at a minimum:

i. Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone based on existing data.

ii. Groundwater depth, flow direction, and gradient based on available information.

iii. Currently available data on wells and springs within one thousand three hundred feet of the project area.

iv. Location of other critical areas, including surface waters, within one thousand three hundred feet of the project site.

v. Available historic water quality data for the area to be affected by the proposed activity.

vi. BMPs proposed to be utilized.

b. Level Two Hydrogeologic Assessment.

i. A level two hydrogeologic assessment shall be required for any of the following proposed activities at sites located within Wellhead Protection Zones 1 through 3:

(a) Activities that result in five thousand square feet or more impervious site area.

(b) Activities that divert, alter, or reduce the flow of surface or groundwaters, including dewatering or otherwise reduce the recharging of the aquifer.

(c) The storage, handling, treatment, use, production, recycling, or disposal of deleterious substances or hazardous materials, other than household chemicals used according to the directions specified on the packaging for domestic applications.

(d) The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than fourteen thousand five hundred gallons of effluent per day and that are limited to a maximum density of one system per one acre.

(e) Any other activity determined by the director of community development likely to have an adverse impact on groundwater quality or quantity, or on the recharge of the aquifer.

ii. A level two hydrogeologic assessment shall include the following site- and proposal-related information at a minimum, in addition to the requirements for a level one hydrogeological assessment:

(a) Historic water quality and elevation data for the area to be affected by the proposed activity compiled for at least the previous five-year period.

(b) Groundwater monitoring plan provisions.

(a) Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features.

(b) Predictive evaluation of contaminant transport based on potential releases to groundwater.

(d) Identification of the type and quantities of any deleterious substances or hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of on the site, including but not limited to materials, such as elevator lift/hydraulic fluid, hazardous materials used during construction, materials used by the building occupants, proposed storage and manufacturing uses, etc.

(e) Proposed methods of storing any of the above substances, including containment methods to be used during construction and/or use of the proposed facility.

(f) Proposed plan for implementing YMC 17.09.060(C)(3)(d)(vi), Protection Standards During Construction.

(g) A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail.

(h) A complete discussion of past environmental investigations, sampling, spills, or incidents that may have resulted in or contributed to contaminated soil or groundwater at the site. Attach copies of all historical and current reports, and sampling results.

R. General Critical Areas Protective Measures. The standards below apply to all permits and reviews performed under this chapter.

1. Financial Guarantees. Financial guarantees may be required to ensure mitigation, maintenance, and monitoring:

a. When required mitigation pursuant to a development proposal is not completed prior to the city of Yakima’s final permit approval, the shoreline administrator or designee may require the applicant to post a financial guarantee to ensure that the work will be completed.

b. If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional.

c. All financial guarantees shall be in the amount of one hundred twenty-five percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical areas that are at risk.

d. The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the shoreline administrator or designee, with terms and conditions acceptable to the city of Yakima attorney.

e. The financial guarantee shall remain in effect until the shoreline administrator or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function.

f. If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration, a financial guarantee will not be required.

g. Failure to satisfy critical areas requirements shall constitute a default, and the shoreline administrator and his or her designee may demand payment of any financial guarantee.

h. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Yakima will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions.

i. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

2. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision ordinance (YMC Title 14) that contain critical areas:

a. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (YMC Title 14) and zoning ordinance (YMC Title 15);

b. Critical areas shall be actively protected through the following:

i. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible;

ii. When geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision;

(A) Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes, may be deemed appropriate by the shoreline administrator as meeting this provision when special circumstances obstruct the viability of this provision;

(B) For those new lots that do contain said critical areas, usable building envelopes (five thousand square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas;

iii. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain;

iv. New lots entirely within the floodplain shall be at least one acre in area;

v. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lies outside said critical areas;

vi. Degraded vegetative buffers shall be restored or provided with protection measures that will allow them to recover;

vii. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat;

viii. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), stream, wetland, and/or vegetative buffers may not be further divided. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.09.020 Flood hazard areas.

The flood hazard areas regulations in Part Four of Chapter 15.27 YMC apply within shoreline jurisdiction; however, the regulations, themselves, are not incorporated as part of this shoreline master program. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.09.030 Fish and wildlife habitat conservation areas.

A. Purpose and Intent. Policies and standards to help conserve and protect fish and wildlife habitat conservation areas are designed to accomplish the following:

1. Meet the requirements of the Shoreline Management Act (Chapter 90.58 RCW) regarding the use of the most current, accurate and complete scientific and technical information that is applicable to the issues of concern;

2. Require consideration of alternatives for necessary development, construction, and uses within fish and wildlife habitat conservation areas;

3. Prevent decline in the quantity and quality of surface and subsurface waters;

4. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships;

5. Protect fish and wildlife habitat conservation areas from the potential negative effects of development through coordinated land use planning; and

6. Protect fish and wildlife habitat conservation areas through voluntary agreements or government incentives.

B. Protection Approach. To maintain fish and wildlife habitat, there must be adequate environmental conditions for reproduction, foraging, resting, and dispersal of animals. Factors affecting both habitat and its quality include the presence of essential resources such as food, water, cover, and lack of disturbance and diseases. The city of Yakima protects fish and wildlife habitat through:

1. Designation of fish and wildlife habitat conservation areas; and

2. Application of development standards based on the most current, accurate and complete scientific and technical information to proposed activity and development in or near fish and wildlife habitat conservation areas.

DESIGNATION AND MAPPING

C. Designation. Fish and wildlife habitat conservation areas are those habitat areas that meet any of the criteria listed below:

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

2. Habitats and species of local importance;

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

4. Waters of the state, including any required buffers and associated Federal Emergency Management Agency-mapped floodplains and floodways;

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

6. State natural area preserves, natural resource conservation areas, and state wildlife areas.

D. Habitat and Species of Local Importance.

1. All species and habitats identified by WDFW’s Priority Habitats and Species Program that may be found in the city of Yakima are designated as fish and wildlife habitat conservation areas and afforded protection under this chapter.

2. Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle.

a. The decision for changes to species and habitats of local importance shall consider:

i. Concern due to population status;

ii. Sensitivity to habitat manipulation;

iii. Importance to the local community; and

iv. Criteria used to identify state priority species, which include:

(A) State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive;

(B) Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate;

(D) The economic impact both positive and negative to the applicant’s property or surrounding property. Economic impact is to be determined by a properly qualified individual or firm using industry standards.

b. Nominated habitats and habitats for species of local importance shall consider the following and must include maps to illustrate the proposal:

i. A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term;

ii. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors;

iii. Habitat with limited availability or high vulnerability to alteration; and

iv. Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law.

c. Habitat management recommendations shall be included for use in the administration of this section.

3. Development Standards. Projects located within habitats of local importance, or within two hundred feet of species of local importance, as designated in subsection (D)(1) of this section, shall comply with the applicable development standards in subsections H through O of this section. In addition, projects shall be designed using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Yakima. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise.

E. Functional Properties.

1. Aquatic fish and wildlife habitat conservation areas require a sufficient riparian area to support one or more of the following functional properties:

a. Stabilizing banks;

b. Providing a sufficient shade canopy to maintain water temperatures that support fish and their habitat;

c. Moderating the impact of stormwater runoff;

d. Filtering solids, nutrients and harmful substances;

e. Preventing surface erosion;

f. Providing and maintaining migratory corridors for wildlife;

g. Providing food in the form of various insects and other benthic macroinvertebrates;

h. Supporting a diversity of wildlife habitats; or

i. Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment.

2. Stream channels assist in one or more of the following functional properties:

a. Groundwater recharge and/or discharge;

b. Water transport;

c. Sediment transport and/or storage;

d. Biochemical functions;

e. Channel migration and the protection of habitats; or

f. Food and habitat.

3. Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties:

a. Biogeochemical functions that improve water quality;

b. Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge); or

c. Food and habitat.

4. Floodplains generally provide one or more of the following functional properties:

a. Floodwater storage;

b. Floodwater passage and the movement of high-velocity waters;

c. Sediment storage and recruitment;

d. Food and habitat;

e. Nutrient sink and/or source; or

f. Groundwater recharge and discharge.

5. Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties:

a. Reproduction and/or nesting;

b. Resting and refuge;

c. Foraging for food; or

d. Dispersal and migration.

6. Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible.

F. Water Typing System. For purposes of this chapter, the city of Yakima hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in subsection C of this section as follows:

1. Type 1 waters are those waters, within their ordinary high water mark (OHWM), meeting the criteria as “shorelines of the state” and “shorelines of statewide significance” under Chapter 90.58 RCW. Other waters associated with Type 1 waters are not considered Type 1 waters;

2. Type 2 waters are those perennial, salmonid-bearing surface water features which require protection due to the nature of their contributions to the functional properties listed in subsection E of this section and are considered “streams, lakes and/or ponds of local importance,” as listed in Appendix A of this title;

3. Type 3 waters include all perennial non-salmonid-bearing surface water features within the city of Yakima not classified as Type 1 or 2 (see YMC 17.01.090, “perennial stream”);

4. Type 4 waters are all intermittent surface water features within the city of Yakima not classified as Type 1, 2 or 3 (see YMC 17.01.090, “intermittent stream”);

5. Type 5 waters are all ephemeral surface water features within the city of Yakima not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as fish and wildlife habitat conservation areas (see YMC 17.01.090, “ephemeral stream”); and

6. Lakes and Ponds.

a. Lakes and ponds, not designated as a shoreline, that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water.

b. Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds.

G. Maps. Certain fish and wildlife habitat conservation areas have been inventoried and are depicted on a series of paper and electronic maps. The maps do not officially define the extent or characteristics of specific critical areas, but rather the potential physical boundaries and characteristics. Maps may be both regulatory and nonregulatory in nature as described below:

1. Regulatory maps include any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRMs).

2. Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to, the following:

a. Wetlands;

b. Streams;

c. Channel migration zone; and

d. Species and habitats of local importance. Note: This map will be generated at such a time when the city of Yakima formally adopts a species or habitat of local importance.

3. Other nonregulatory information sources include maps or other data sources, but are not limited to:

a. Comprehensive flood hazard management plans;

b. Soil survey of the city of Yakima;

c. Surface geologic maps;

d. Historic and current aerial photo series; and

e. Geohydraulic studies—geologic cross-sections showing aquifers and confining units.

GENERAL DEVELOPMENT STANDARDS

H. Prohibited Uses. The following uses and activities are prohibited within a designated fish and wildlife habitat conservation area:

1. Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety;

2. The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel;

3. The draining or filling of a wetland, lake or pond, except as provided for in YMC 17.07.060(B);

4. The removal and transport of material for fill outside of the stream corridor;

5. Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities;

6. Solid waste disposal sites;

7. Automobile wrecking yards; and

8. Fill for the sole purpose of increasing land area within the stream corridor.

I. General Policies and Standards. The following policies and standards shall apply to any development, construction, or use carried out within a designated fish and wildlife habitat conservation area:

1. The ordinary high water mark of a stream or lake, and the edge of a wetland, shall be marked on the ground before any development, construction, or use is initiated;

2. Existing vegetation and any vegetative species pertinent to the critical area identified on the project site shall only be disturbed to the minimum extent possible;

3. Nesting areas and other sensitive habitat identified within a fish and wildlife habitat conservation area shall be disturbed to the minimum extent possible;

4. Projects within the fish and wildlife habitat conservation area shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered;

5. The following measures are incorporated into stormwater permits approved by a local, state or federal agency and transportation projects using the Stormwater Management Manual for Eastern Washington. Developments that do not require a stormwater permit shall also incorporate the following elements into project design:

a. Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load;

b. The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion;

c. Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a fish and wildlife habitat conservation area shall provide on-site facilities for detention, control, and filtration if potential increases have been identified to occur;

d. The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion; and

e. Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established;

6. Prior to the approval of development, construction, or uses within a designated fish and wildlife habitat conservation area, any existing source of biochemical or thermal degradation identified as originating on the project property shall be corrected;

7. Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the fish and wildlife habitat conservation area;

8. Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters;

9. Development, construction, or uses within the fish and wildlife habitat conservation area shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas;

10. Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration;

11. The Department of Ecology and adjacent communities shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency;

12. Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

13. Development shall not obstruct, cut off, or isolate fish and wildlife habitat conservation area features;

14. Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership; and

15. Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using the reclamation found in subsection P of this section.

WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS

J. Use Classifications. For purposes of this section, the components of any development, construction, or use requiring a critical areas development authorization shall be classified as provided below, and shall conform to the development standards applicable to the classification provided in subsections K through N of this section:

1. Water-oriented uses are one of the following three categories of uses, as defined in YMC 17.01.090: water-dependent, water-related, or water-enjoyment, or a combination of such uses.

2. Nonwater-oriented uses include any use not qualifying as uses in subsection (J)(1) of this section.

K. Water-Dependent Uses. The following provisions shall apply to water-dependent uses:

1. Structures shall be clustered at locations on the water’s edge having the least impact to the surface water and shore.

2. Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in subsection O of this section.

3. Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water.

L. Water-Related Uses. The following provisions shall apply to water-related uses:

1. Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water.

2. Structures and use areas shall not be located within the vegetative buffer specified in subsection O of this section except where existing development or the requirements associated with the use make such a location unavoidable.

M. Water-Enjoyment Uses. The following provisions shall apply to water-enjoyment uses:

2. Structures and use areas may be located within the vegetative buffer specified in subsection O of this section; provided, that the location and construction shall be conducted to minimize impacts to the shore area and the vegetative buffer.

N. Nonwater-Oriented Uses. The following provisions shall apply to nonwater-oriented uses:

1. Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in subsection O of this section.

2. Construction abutting the vegetative buffer specified in subsection O of this section shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.

O. Vegetative Buffers. The establishment of a vegetative buffer system is necessary to protect the functions and values of streams, lakes, and ponds (Table 09.030-1). See YMC 17.09.040 for wetland buffer regulations.

1. Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes, and ponds. The width of the buffer shall be determined according to the water type.

2. The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area.

a. If the vegetation is degraded, then revegetation may be considered with any adjustment to the buffer width.

b. Where the use is being intensified, a degraded buffer may be revegetated to maintain the standard width.

Table 09.030-1. Standard Stream Buffers
Water Type	Buffer Width
Type 1	High Intensity:
	Streams: 75'
	Lakes: 50'
	Essential Public Facilities: 100'
	Floodway/CMZ: 100'
	Shoreline Residential:
	Streams: 80'
	Lakes: 20'
	Urban Conservancy: 100'
Type 2	100'
Type 3	50'
Type 4	25'
Type 5	No buffer standards. Type 5 waters are not regulated as fish and wildlife habitat conservation areas, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations.

3. Where a legally established road or railway crosses a shoreline or critical areas buffer, the shoreline administrator may approve a modification of the minimum required buffer width to the waterward edge of the improved road if a study submitted by the applicant and prepared by a qualified professional demonstrates that the part of the buffer on the upland side of the road sought to be reduced:

a. Does not provide additional protection of the shoreline water body or critical area; and

b. Provides insignificant biological, geological or hydrological buffer functions relating to the waterward portion of the buffer adjacent to the shoreline water body or critical area.

If the improved roadway corridor is wider than twenty feet, a study is not required.

4. Buffer averaging to improve stream, lake or pond protection may be permitted when all of the following conditions are met:

a. The stream or riparian corridor has significant differences in characteristics that affect its habitat functions.

b. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the stream, lake or pond and decreased adjacent to the lower-functioning or less sensitive portion as demonstrated by a critical areas report from a qualified professional.

c. The total area of the buffer after averaging is equal to the area required without averaging.

d. The buffer at its narrowest point is never less than three-quarters of the required width.

5. Buffer averaging to allow reasonable use of a parcel may be permitted when all of the following are met:

a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging.

b. The averaged buffer will not result in degradation of the stream or riparian corridor’s functions and values as demonstrated by a critical areas report from a qualified professional.

c. The total buffer area after averaging is equal to the area required without averaging.

d. The buffer at its narrowest point is never less than three-quarters of the required width.

6. All other proposals to reduce a stream, lake or pond buffer width may only be approved through the shoreline variance process.

P. Restoration. The following guidelines shall apply to the restoration of disturbed sites resulting from development activities within a designated fish and wildlife habitat conservation area:

1. Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation;

2. Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed;

3. Restoration shall be scheduled to address precipitation, meltwater runoff, the growing season, and other seasonal variables that influence restoration and recovery;

4. Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas;

5. Where existing development and construction prevent return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent degradation of fish and wildlife habitat conservation areas;

6. Cut-and-fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved; and

7. For the replacement or enhancement of vegetation within fish and wildlife habitat conservation areas and their required vegetative buffers, native plant species shall be used unless a showing of good cause acceptable to the administrative official or designee is provided. Should good cause be shown, then self-maintaining or low-maintenance plant species compatible with the native vegetation shall be used in place of nonnative and high-maintenance species. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.09.040 Wetlands.

A. Purpose and Intent. The purpose and intent of the provisions protecting wetland critical areas is equivalent to the purpose and intent for YMC 17.09.030.

B. Designating and Mapping.

1. Wetlands shall be delineated using the procedure outlined in the approved federal wetland delineation manual and applicable regional supplements.

2. Wetlands are all areas meeting the definition for wetlands as defined in YMC 17.01.090 and are hereby designated critical areas which are subject to this chapter, except the following:

a. Irrigation systems that create artificial wetlands; and

b. Areas where changes in irrigation practices have caused wetland areas to dry up.

3. The approximate location and extent of wetlands are shown on maps maintained by the city of Yakima. These maps may include information from the National Wetlands Inventory produced by the U.S. Fish and Wildlife Service and are to be used as a guide for the city of Yakima.

C. Protection Approach. Wetlands will be protected using the protection approach for fish and wildlife habitat conservation areas found in YMC 17.09.030(B). Wetlands and their functions will be protected using the standards found in this section and in YMC 17.09.030.

D. Wetland Functions and Rating.

1. Wetlands are unique landscape features that are the interface between the aquatic and terrestrial environments. Wetlands provide the following functions:

a. Biogeochemical functions, which improve water quality in the watershed (such as nutrient retention and transformation, sediment retention, metals, and toxics retention and transformation).

b. Hydrologic functions, which maintain the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, and groundwater recharge.

c. Food and habitat functions, which include habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals.

2. Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provided in the Washington State Wetland Rating System for Eastern Washington, revised October 2014 (Ecology Publication No. 14-06-030, or as revised) which are summarized below.

a. Category I wetlands are those that 1) represent a unique or rare wetland type; or 2) are more sensitive to disturbance than most wetlands; or 3) are relatively undisturbed and contain ecological attributes that are impossible to replace in a human lifetime; or 4) provide a high level of functions. Risk of any degradation to these wetlands must be avoided because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percentage of the wetlands in the region.

b. Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. These wetlands occur more commonly than Category 1 wetlands, but still need a relatively high level of protection.

c. Category III wetlands are wetlands with a moderate level of functions and can often be adequately replaced with a well-planned mitigation project. These wetlands generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

d. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. These are wetlands that should be able to be replaced and, in some cases, improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions and also need to be protected.

3. Wetlands shall be rated as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that cannot be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the Washington State Wetland Rating System for Eastern Washington rating sheet to complete the rating.

E. Wetland Buffers.

1. Buffer Requirements. The following buffer widths have been established in accordance with the most current, accurate and complete scientific and technical information. They are based on the category of wetland and the habitat score as determined by a qualified professional using the Washington State Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication No. 14-06-030, or as revised). The adjacent land use intensity is assumed to be high.

a. For wetlands that score five points or more for habitat function, the buffers in Table 09.040-1 can be used if both of the following criteria are met:

1. A relatively undisturbed, vegetated corridor at least one hundred feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife (http://wdfw.wa.gov/hab/phshabs.htm).

The corridor must be protected for the entire distance between the wetland and the priority habitat by some type of legal protection such as a conservation easement.

Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 09.040-1 may be used with the required measures in Table 09.040-2 alone.

2. The measures in Table 09.040-2 are implemented, where applicable, to minimize the impacts of the adjacent land uses.

b. For wetlands that score three to four habitat points, only the measures in Table 09.040-2 are required for the use of Table 09.040-1.

c. If an applicant chooses not to apply the mitigation measures in Table 09.040-2, or is unable to provide a protected corridor where available, then Table 09.040-3 shall be used.

d. The buffer widths in Tables 09.040-1 and 09.040-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

Table 09.040-1: Wetland Buffer Requirements if Table 09.040-2 Is Implemented and Corridor Provided
	Buffer Width (feet) Based on Habitat Score
Wetland Category	3—5	6—7	8—9
Category I: Based on total score	75	110	150
Category I: Forested	75	120	150
Category I: Bogs and wetlands of high conservation value	190
Category I: Alkali	150
Category II: Based on total score	75	110	150
Category II: Vernal pool	150
Category II: Forested	75	110	150
Category III (all)	60	110	150
Category IV (all)	40

Table 09.040-2: Required Measures to Minimize Impacts to Wetlands
Disturbance	Required Measures to Minimize Impacts
Lights	• Direct lights away from wetland
Noise	• Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation for plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer
Toxic runoff	• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management
Stormwater runoff	• Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use low intensity development techniques
Changes in water regime	• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns
Pets and human disturbance	• Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement
Dust	• Use best management practices to control dust

Table 09.040-3: Wetland Buffer Requirements if Table 09.040-2 Is NOT Implemented and Corridor NOT Provided
	Buffer Width (feet) Based on Habitat Score
Wetland Category	3—5	6—7	8—9
Category I: Based on total score	100	150	200
Category I: Forested	100	150	200
Category I: Bogs and wetlands of high conservation value	250
Category I: Alkali	200
Category II: Based on total score	100	150	200
Category II: Vernal pool	200
Category II: Forested	100	150	200
Category III (all)	80	150	200
Category IV (all)	50

e. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case-by-case basis as determined by the administrative official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. This documentation shall include, but not be limited to, the following criteria:

i. The wetland is used by a state or federally listed plant or animal species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or

ii. The adjacent land is susceptible to severe erosion, and erosion-control measures will not effectively prevent adverse wetland impacts; or

iii. The adjacent land has minimal vegetative cover or slopes greater than thirty percent.

f. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met:

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

ii. The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion as demonstrated by a critical areas report from a qualified wetland professional.

iii. The total area of the buffer after averaging is equal to the area required without averaging.

iv. The buffer at its narrowest point is never less than either three-quarters of the required width or seventy-five feet for Categories I and II, fifty feet for Category III, and twenty-five feet for Category IV, whichever is greater.

g. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met:

i. There are no feasible alternatives to the site design that could be accomplished without buffer averaging.

ii. The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a critical areas report from a qualified wetland professional.

iii. The total buffer area of the buffer after averaging is equal to the area without averaging.

2. To facilitate long-range planning using a landscape approach, the administrative official may identify and preassess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The administrative official will prepare maps of wetlands that have been preassessed in this manner.

3. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers or included in buffer area calculations.

4. Buffers on Mitigation Sites. All wetland mitigation sites shall have buffers consistent with the buffer requirements of this chapter. Buffers shall be based on the expected or target category of the proposed wetland mitigation site.

5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive nonnative weeds is required for the duration of the mitigation bond, subsection (F)(10)(b)(i)(10) of this section.

6. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in subsection F of this section.

7. Overlapping Critical Areas Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies.

8. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland:

a. Conservation and restoration activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.

b. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical areas report, including:

1. Walkways and trails; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five feet in width for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable.

2. Wildlife-viewing structures.

c. Educational and scientific research activities.

d. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not increase the footprint or use of the facility or right-of-way.

e. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

f. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column is disturbed.

g. Enhancement of a wetland buffer through the removal of nonnative invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate for that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species.

h. Repair and maintenance of nonconforming uses or structures, where legally established within the buffer, provided they do not increase their degree of nonconformity.

9. Signs and Fencing of Wetlands and Buffers.

a. Temporary Markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary “clearing limits” fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the administrative official prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

b. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the administrative official may require the applicant to install permanent signs along the boundary of a wetland or buffer.

1. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or other nontreated material of equal durability. Signs must be posted at an interval of one every fifty feet, or one per lot if the lot is less than fifty feet wide, and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the administrative official:

Protected Wetland Area

Do Not Disturb

Contact the City of Yakima

Regarding Uses, Restrictions, and Opportunities for Stewardship

2. The provisions of subsection (E)(9)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife.

c. Fencing.

1. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site.

2. Fencing installed as part of a proposed activity, or as required in this subsection, shall be designed so as not to interfere with species mitigation, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.

F. Compensatory Mitigation.

1. Mitigation Sequencing. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference:

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

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

c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment.

d. Reduce or eliminate the impact over time by preservation and maintenance operations.

e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.

f. Monitor the required compensation and take remedial or corrective measures when necessary.

2. Requirements for Compensatory Mitigation.

a. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans—Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication No. 10-06-07, November 2010).

b. Compensation ratios may also be determined using the credit/debit tool described in “Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report” (Ecology Publication No. 11-06-015, August 2012), consistent with subsection (F)(9) of this section.

3. Compensating for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either:

a. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or

b. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the city, such as replacement of historically diminished wetland types.

4. Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below.

a. Wetland Mitigation Banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts consistent with the terms of the certified mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if:

i. The shoreline administrator determines that it would provide appropriate compensation for the proposed impacts;

ii. The impact site is located in the service area of the bank or, if approved by Ecology, the bank’s interagency bank review team, and the shoreline administrator, outside of the service area;

iii. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument; and

iv. Compensation ratios for projects using bank credits is consistent with compensation ratios specified in the certified mitigation bank instrument.

b. In-Lieu-Fee Mitigation. Credits from an approved in-lieu-fee program may be used when all of the following apply:

i. The shoreline administrator determines that it would provide environmentally appropriate compensation for the proposed impacts.

ii. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu-fee program instrument.

iii. Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument for the in-lieu-fee program.

iv. The impacts are located within the service area specified in the approved in-lieu-fee instrument.

c. Permittee-Responsible Mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee-responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee-responsible mitigation shall be used only if the applicant’s qualified wetland professional demonstrates to the approval authority’s satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section.

5. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on a type listed below in order of preference. A lower-preference form of mitigation shall be used only if the applicant’s qualified wetland professional demonstrates to the approval authority’s satisfaction that all higher-ranked types of mitigation are not viable, consistent with the criteria in this section.

a. Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into:

i. Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles.

ii. Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland.

b. Establishment (Creation). The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species.

i. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland professional that:

1. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere;

2. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and

3. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.

c. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term “preservation.” Preservation does not result in a gain of wetland acres. Preserving at-risk, high-quality wetlands as part of a compensatory mitigation plan may be allowed when all of the following numbered criteria are met:

i. The approval authority determines that the proposed preservation is the best mitigation option;

ii. The proposed preservation site is under demonstrable threat of destruction, adverse modification, or substantive degradation due to permitted, planned, or likely actions on or off site that will not be adequately mitigated under existing regulations;

iii. The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or basin. Some of the following features may be indicative of high-quality sites:

1. Category I or II wetland rating (using the current version of the Washington State Wetland Rating System for Eastern Washington). This includes Wetlands of High Conservation Value as identified by Washington Department of Natural Resources’ Natural Heritage Program;

2. Rare or irreplaceable wetland type (for example, peatlands, mature forested wetlands, vernal pools, alkali wetlands) or aquatic habitat that is a rare or a limited resource in the area;

3. Habitat for threatened or endangered species (state and federal);

4. Provides biological and/or hydrological connectivity;

5. Of regional or watershed importance (e.g., listed as priority site in a watershed, salmon recovery, or basin plan);

6. Large size with high species diversity (plants, animals, or both), high abundance of native species, or both; or

7. A site that is continuous with the head of a watershed, or with a lake or pond in an upper watershed that significantly contributes to hydrologic processes and water quality;

iv. Permanent protection of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural land resource manager, such as a land trust. The approval authority may approve other legal and administrative mechanisms in lieu of a conservation easement if it determines they are adequate to protect the site;

v. The site has adequate buffers to ensure that the preserved wetland will not be degraded over time. The buffer width and vegetative condition must be sufficient to protect the wetland and its functions from encroachment and degradation. Existing and potential future land uses (based on current zoning designations) dictate the width necessary for a buffer that is adequate to protect the wetland and its functions; see buffer widths in Chapter 6C in Wetland Mitigation in Washington State—Part 1: Agency Policies and Guidance (Version 2), Ecology Publication No. 21-06-003, as revised.

d. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. Applicants proposing to enhance wetlands or associated buffers shall demonstrate how the proposed enhancement will increase the wetland’s/buffer’s functions, how this increase in function will adequately compensate for the impacts, and how existing wetland functions at the mitigation site will be protected.

6. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be conducted within the same subdrainage basin and on the site of the alteration except when the applicant can demonstrate that off-site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off-site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in-lieu-fee program, or advance mitigation.

a. There are no reasonable opportunities on site or within the subdrainage basin (e.g., on-site options would require elimination of high-functioning upland habitat), or opportunities on site or within the subdrainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity).

b. On-site mitigation would require elimination of high-quality upland habitat.

c. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland.

d. Off-site locations shall be in the same subdrainage basin unless:

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

ii. Credits from a state-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument;

iii. Fees are paid to an approved in-lieu-fee program to compensate for the impacts.

e. The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland.

7. Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects be completed prior to activities that will disturb wetlands. At the least, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.

a. The administrator may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the city.

8. Wetland Compensation Ratios.

a. The following ratios in Table 09.040-4 shall apply to permittee-responsible compensation that is in kind, is the same or higher category as the impacted wetland, is the same hydrogeomorphic class as the impacted wetland, is timed concurrent with alteration, and has a high probability of success.

b. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases.

c. These ratios do not apply to the use of credits from a state-certified wetland mitigation bank, use of an ILF program, or advance mitigation implemented by the permittee. When credits from a certified bank or ILF program are used, compensation ratios should be consistent with the requirements of the bank’s or program’s certification. Ratios applicable to advance mitigation shall be determined on a case-by-case basis in consultation with state and/or federal agencies.

d. The first number specifies the acreage of compensatory mitigation replacement wetlands and the second specifies the acreage of wetlands altered.

e. When combining mitigation methods, compensation ratios may be adjusted consistent with Section 6B.4.2 in Wetland Mitigation in Washington State—Part 1: Agency Policies and Guidance—Version 2 (Ecology Publication No. 21-06-003, Olympia, WA, April 2021 or as revised). See also subsection (F)(5)(c) of this section for more information on using preservation as compensation.

f. Increased Compensation Ratios. The shoreline administrator may increase the ratios under the following circumstances:

i. Uncertainty exists as to the probable success of the proposed restoration or creation;

ii. A significant period of time will elapse between adverse impact and replication of wetland functions;

iii. Proposed compensatory mitigation will result in a lower category wetland or reduced functions relative to the wetland being adversely impacted; or

iv. The impact was an unauthorized impact.

Table 09.040-4: Standard Compensation Ratios
Category and Type of Wetland	Creation or Reestablishment	Rehabilitation	Preservation1, 2	Enhancement2
Category I	4:1	8:1	16:1	16:1
Category II	3:1	6:1	12:1	12:1
Category III	2:1	4:1	8:1	8:1
Category IV	1.5:1	3:1	6:1	6:1

1 All proposed preservation sites shall meet the preservation criteria listed in subsection (I)(3) of this section. To the maximum extent practicable, preservation should be done in conjunction with wetland creation and reestablishment.

2 Applicants proposing preservation only or enhancement only should provide a complete credit-debit analysis using Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication No. 11-06-015, August 2012, or as revised). The ratios in the table above only apply when the credit-debit tool is not applicable.

9. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the compensation ratios found in subsection (F)(8) of this section and Wetland Mitigation in Washington State—Part 1 (Ecology Publication No. 21-06-003, Olympia, WA, April 2021, or as revised), the administrator may allow mitigation based on the “credit/debit” method developed by the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication No. 11-06-015, August 2012, or as revised).

10. Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards:

a. Wetland Critical Areas Report. A critical areas report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters described in YMC 17.09.010(P) and (Q)(2).

b. Compensatory Mitigation Report. The report must include a written report and plan sheets that must contain, at a minimum, the following elements. Full guidance can be found in Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006, or as revised).

i. The written report must contain, at a minimum:

1. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the proposal; a summary of the impacts and proposed compensation concept; identification of all the local, state, and/or federal wetland-related permit(s) required for the project; and a vicinity map for the project.

2. Description of how the project design has been modified to avoid, minimize, or reduce adverse impacts to wetlands.

3. Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding lands uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on wetland ratings, subsection D of this section.

4. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are not undertaken (i.e., how would this site progress through natural succession?).

5. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions.

6. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands.

7. A description of the proposed mitigation construction activities and timing of activities.

8. Performance standards (measurable standards for years post-installation) for upland and wetland communities, a monitoring schedule, and a maintenance schedule and actions proposed by year.

9. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands).

10. A bond estimate for the entire compensatory mitigation project, including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance twice per year for up to five years, annual monitoring field work and reporting, and contingency actions for a maximum of the total required number of years for monitoring.

11. Proof of establishment of notice on title for the wetlands and buffers on the project site, including the compensatory mitigation areas.

ii. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:

1. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions.

2. Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also existing cross-sections of on-site wetland areas that are proposed to be impacted, and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation.

3. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes.

4. Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this chapter.

5. A planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation.

11. Buffer Compensation Ratios. Impacts to buffers shall be mitigated at a minimum one-to-one ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development.

12. Protection of the Mitigation Site. The area where the mitigation occurred and any associated buffer shall be located in a critical area tract or a conservation easement consistent with this section.

13. Monitoring. Mitigation monitoring shall be required for a period necessary to establish that performance standards have been met, but not for a period less than five years. If a scrub-shrub or forested vegetation community is proposed, monitoring may be required for ten years or more. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project’s natural resource values and functions. If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved.

14. Advance Mitigation. Mitigation for projects with preidentified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation (Ecology Publication No. 12-06-015, Olympia, WA, December 2012).

15. Alternative Mitigation Plans. The administrator may approve alternative wetland mitigation plans that are based on the most current, accurate and complete scientific and technical information, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The administrative official shall consider the following for approval of an alternative mitigation proposal:

a. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Ecology Publication No. 10-06-07, November 2010).

b. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas.

c. Mitigation according to subsection (F)(5) of this section is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards.

d. There is clear potential for success of the proposed mitigation at the proposed mitigation site.

e. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in subsection (F)(10) of this section.

f. The plan shall be reviewed and approved as part of overall approval of the proposed use.

g. A wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative.

h. Mitigation guarantees shall meet the minimum requirements as outlined in subsection (F)(10)(b)(i)(8) of this section.

i. Qualified professionals in each of the critical areas addressed shall prepare the plan.

j. The city may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.09.050 Geologically hazardous areas.

A. Purpose and Intent.

1. Geologically hazardous areas include those areas susceptible to erosion, sliding, earthquake, or other geological events. These areas pose a threat to the health and safety of the city of Yakima’s citizens when incompatible development is sited in significantly hazardous areas. When mitigation is not feasible, development within geologically hazardous areas should be avoided.

2. The purpose of this section is to:

a. Minimize risks to public health and safety and reduce the risk of property damage by regulating development within geologically hazardous areas;

b. Maintain natural geological processes while protecting new and existing development; and

c. Establish review procedures for development proposals in geologically hazardous areas.

3. This section does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This section shall not create liability on the part of the city of Yakima, any officer, or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

B. Mapping and Designation.

1. Geologically hazardous areas are areas that are susceptible to one or more of the following, based on WAC 365-190-120:

a. Erosion hazards;

b. Landslide hazards, which include:

i. Oversteepened slopes;

ii. Alluvial fan/flash flooding;

iii. Avalanche; and

iv. Channel migration zones and stream undercutting;

c. Seismic hazards (referred to below as earthquake hazards); and

d. Volcanic hazards.

2. The approximate location and extent of erosion hazard areas are shown on the city of Yakima’s critical areas map titled “Erosion Hazard Areas of the City of Yakima.” Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Erosion hazard areas were identified by using the “Soil Survey of Yakima County Area, Washington” and the “Soil Survey of Yakima Indian Reservation Irrigated Area, Washington, Part of Yakima County.”

3. The approximate location and extent of geologically hazardous areas are shown on the city’s critical areas map titled “Geologically Hazardous Areas of the City of Yakima.” The following geologically hazardous areas have been mapped and classified using the criteria found in WAC 365-190-120:

a. Landslide Hazard Areas (LS). These include places where landslides, debris flows, or slumps have occurred.

i. High risk (LS3) is defined as areas that are presumed to have had a landslide, debris flow, or slump within ten thousand years or less.

ii. Intermediate risk (LS2) is defined as areas where landslides, debris flows, or slumps are older than ten thousand years, but are still capable of movement.

iii. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories.

b. Oversteepened Slope Hazard Areas (OS). These include areas with slopes steep enough to create a potential problem.

i. High risk areas (OS3) are defined as having a high potential to fail, include slopes greater than forty percent, and consist of areas of rock fall, creep, and places underlain with unstable materials.

ii. Intermediate risk areas (OS2) are defined as areas less likely to fail but are still potentially hazardous. This category includes slopes between fifteen percent and forty percent.

iii. Low risk areas are defined as areas unlikely to fail. These areas are unlabeled and combined with other low risk categories.

c. Alluvial Fan/Flash Flooding Hazard Areas (AF). These areas include locations where flash floods can occur and are often associated with inundation by debris from flooding. These areas may include:

i. Alluvial fans;

ii. Canyons;

iii. Gullies; and

iv. Small streams where catastrophic flooding can occur.

d. Stream Undercutting Hazard Areas (SU). These areas are confined to banks near main streams and rivers where undercutting of soft materials may result.

i. High risk areas (SU3) include steep banks of soft material adjacent to present stream courses.

ii. Intermediate risk areas (SU2) are banks along the edge of a floodplain but away from the present river course.

iii. Low risk areas (SU1) are unlabeled and combined with other low risk areas on the maps.

e. Earthquake Activity Hazard Areas (EA). Recorded earthquake activity in the city of Yakima is mostly marked by low magnitude events and thus low seismic risk. The city of Yakima’s low risk areas are unlabeled and combined with other low risk hazards.

f. Suspected Geologic Hazard Areas (SUS). These are areas for which detailed geologic mapping is deficient but preliminary data indicate a potential hazard may exist. No risk assessment (1, 2, 3) is given for these areas. Most are probably OS or LS hazards.

g. Risk Unknown Hazard Areas (UNK). This category is limited to areas where geologic mapping is lacking or is insufficient to make a determination. All of these areas are associated with other classified geologic hazards.

4. Volcanic hazard areas are not mapped, but are defined as areas subject to pyroclastic (formed by volcanic explosion) flows, lava flows, and inundation by debris flows, mudflows or related flooding resulting from volcanic activity. Volcanic hazard areas in the city of Yakima are limited to pyroclastic (ash) deposits. No specific protection requirements are identified for volcanic hazard areas.

C. Geologically Hazardous Areas Protection Approach. The geologically hazardous areas protection approach can be met by following the guidelines below and by implementing the appropriate sections of the building code as adopted in YMC Title 11:

1. General.

a. New development and creation of new lots that would cause foreseeable risk from geological conditions during the life of the development or would require structural shoreline stabilization over the life of the development (except as allowed under YMC 17.07.130) is prohibited.

b. New stabilization structures for existing primary residential structures allowed only where no alternatives (including relocation or reconstruction of existing structures) are feasible, and less expensive than the proposed stabilization measure, and then only if no net loss of ecological functions will result.

2. Erosion Hazard Areas. Protection measures for erosion hazard areas will be accomplished by implementing the regulatory standards for erosion and drainage control required under YMC Title 11, Buildings. YMC Title 11 requirements can be met by the application of the best management practices (BMPs) in the Stormwater Management Manual for Eastern Washington (WDOE Publication No. 04-10-076); equivalent manual adopted by the city of Yakima; or any other approved manual deemed appropriate by the building official.

3. Landslide Hazard Areas. Protection measures for landslide hazard areas will be accomplished through the review process of subsection D of this section by implementing the development standards of subsection E of this section.

4. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding hazard areas will be accomplished through the review process of subsection D of this section.

5. Stream Undercutting Hazard Areas. Protection measures for stream undercutting hazard areas will be accomplished by critical areas review for flood hazards, streams, and shoreline jurisdiction.

6. Oversteepened Slope Hazard Areas. Protection measures for oversteepened slope hazard areas will be accomplished through the review process of subsection D of this section, by implementing the development standards of subsection E of this section.

7. Earthquake/Seismic Hazard Area Protection Standards. Protection measures for earthquake/seismic hazard areas will be accomplished by implementing the appropriate sections of the building code as adopted in YMC Title 11.

8. Suspected Geologic Hazard Areas and Risk Unknown Hazard Areas. Protection measures for suspected geologic hazard areas and risk unknown hazard areas will be accomplished through the review process of subsection D of this section and by implementing the development standards of subsection E of this section.

D. Development Review Procedure for Geologically Hazardous Areas.

1. The shoreline administrator shall make a determination of hazard to confirm whether the development or its associated facilities (building site, access roads, limits of grading/excavation/filling, retaining walls, septic drainfields, landscaping, etc.) are located:

a. Within a mapped geologically hazardous area;

b. Adjacent to or abutting a mapped geologically hazardous area and may result in or contribute to an increase in hazard, or pose a risk to life and property on or off the site;

c. Within a distance from the base of an adjacent landslide hazard area equal to the vertical relief of said hazard area; or

d. Within the potential run-out path of a mapped avalanche hazard.

2. Developments that receive an affirmative determination of hazard by the shoreline administrator under subsection (D)(1) of this section must conduct a geologic hazard report as provided in YMC 17.09.010(Q), which may be part of a geotechnical report required below.

a. If the geologic hazard report determines that no hazard exists or that the project area lies outside the hazard, then no geologic hazard review is needed.

b. The shoreline administrator is authorized to waive further geologic hazard review for oversteepened slopes on the basis that the hazards identified by the geologic hazard report will be adequately mitigated through the issuance of a grading or construction permit.

3. Developments that receive an affirmative determination of hazard, but do not meet the provisions of subsection (D)(2)(a) or (D)(2)(b) of this section, must:

a. Obtain a critical areas development authorization under YMC 17.09.010;

b. Submit a geotechnical report that is suitable for obtaining grading and construction permits that will be required for development:

i. The geotechnical report shall incorporate a submitted assessment which includes the design of all facilities;

ii. A description and analysis of the risk associated with the measures proposed to mitigate the hazards; and

iii. Ensure the public safety, and protect property and other critical areas; and

c. Be consistent with subsection E of this section.

E. General Protection Requirements.

1. Grading, construction, and development and their associated facilities shall not be located in a geologically hazardous area, or any associated setback for the project recommended by the geotechnical report, unless the applicant demonstrates that the development is structurally safe from the potential hazard, and that the development will not increase the hazard risk on site or off site.

2. Development shall be directed toward portions of parcels, or parcels under contiguous ownership, that are at the least risk of hazard in preference to lands with higher risk, unless determined to be infeasible in the geotechnical report.

3. The geotechnical report shall incorporate methods to ensure that education about the hazard and any recommended buildable area for future landowners is provided.

4. The applicable requirements of grading and construction permits for developments in hazardous areas must be included in the development proposal and geotechnical report. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.09.060 Critical aquifer recharge areas.

A. Purpose and Intent.

1. The Growth Management Act (Chapter 36.70A RCW) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water or areas where drinking aquifers are vulnerable to contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section.

2. Potable water is an essential life sustaining element and much of the city of Yakima’s drinking water comes from groundwater supplies. Once groundwater is contaminated, it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area.

3. The intent of this section is to:

a. Preserve, protect, and conserve the city of Yakima’s CARA from contamination; and

b. Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations.

4. It is not the intent of this section to:

a. Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications);

b. Enforce or prevent illegal activities;

c. Regulate land uses that use or store small volumes of hazardous substances (including in-field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review);

d. Establish additional review for septic systems, which are covered under existing city of Yakima review processes;

e. Establish additional review for stormwater control, which is covered under existing review processes and has detailed permit review; or

f. Require review for uses that do not need building permits and/or zoning review.

The above items are deemed to have small risks of CARA contamination or are beyond the development review system’s ability to control.

B. Maps and Reference Documents.

1. Mapping Methodology. The CARA is depicted in the map titled “Critical Aquifer Recharge Areas of the City of Yakima” located within the City of Yakima’s 2017 Comprehensive Plan 2040. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology “Critical Aquifer Recharge Areas Guidance Document” (Morgan, 2005). The approximate location and extent of critical aquifer recharge areas are depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility to contamination, as well as wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized:

a. Depth to groundwater;

b. Soil (texture, permeability, and contaminant attenuation properties);

c. Geologic material permeability; and

d. Recharge (amount of water applied to the land surface, including precipitation and irrigation).

2. Wellhead Protection Areas. The CARA map includes those wellhead protection areas for which the city of Yakima has maps. Wellhead protection areas are required for all Class A public water systems in the state of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site specific information to determine the susceptibility of the water source to surface sources of contamination. Water sources are ranked by the Washington State Department of Health with a high, moderate, or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten-year time of groundwater travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible.

3. Guidance Documents. The latest guidance documents shall be consulted when updating CARA maps:

a. U.S. Department of Agriculture Soil Survey:

http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx

b. Washington Department of Health Group A and B Maps:

https://fortress.wa.gov/doh/eh/maps/SWAP/index.html

c. Soil Survey of Yakima County Area, Washington (report only):

http://nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/washington/yakimaWA1985/yakimaWA1985-I.pdf

d. City of Yakima Wellhead Protection Plan:

http://www.yakimacounty.us/669/City-of-Yakima-Wellhead-Protection-Plan

e. Hydrogeologic Framework of Sedimentary Deposits in Six Structural Basins, Yakima River Basin, Washington:

http://pubs.usgs.gov/sir/2006/5116/pdf/sir20065116.pdf

and Yakima Basin plate:

http://pubs.usgs.gov/sir/2006/5116/pdf/sir20065116_plate4.pdf.

C. Protection Approach.

1. Classification and Rating of Critical Aquifer Recharge Areas. To promote consistent application of the standards and requirements of this section, critical aquifer recharge areas within the city shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance.

a. Critical Aquifer Recharge Areas Classification. Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water. Wellhead protection involves the management of activities that have a potential to degrade the quality of groundwater produced by a supply well. The city is classified into four wellhead protection zones that are based on proximity to and travel time of groundwater to Group A and Group B water source wells within the city limits, and are designated using guidance from the Washington Department of Health Wellhead Protection Program pursuant to Chapter 246-290 WAC.

i. Wellhead Protection Zone 1 represents the land area overlying the six-month time-of-travel zone of any Group A water source well and/or land area overlying any Group B wellhead protection area.

ii. Wellhead Protection Zone 2 represents the land area that overlies the one-year time-of-travel zone of any Group A water source well, excluding the land area contained within Wellhead Protection Zone 1.

iii. Wellhead Protection Zone 3 represents the land area that overlies the five-year and ten-year time-of-travel zones of any Group A water source well, excluding the land area contained within Wellhead Protection Zone 1 or 2.

iv. Wellhead Protection Zone 4 represents all the remaining land area in the city not included in Wellhead Protection Zone 1, 2, or 3.

b. Classification of wellhead protection zones shall be determined in accordance with the city’s wellhead protection plan and the Washington State Department of Health, Office of Drinking Water, Source Water Assessment Program (SWAP) Mapping Application, which designates time-of-travel and wellhead protection zones that correspond to Zones 1 through 4, noted in subsection (C)(1) of this section.

2. Prohibited Activities in Wellhead Protection Zones.

a. Land uses or activities for new development or redevelopment that pose a significant hazard to the city’s groundwater resources, resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances, shall be prohibited in Wellhead Protection Zones 1 and 2. These land uses and activities include, but are not limited to:

i. Large on-site sewage systems, as defined in WAC Chapter 246-272A;

ii. Hazardous liquid pipelines as defined in RCW Chapter 81.88;

iii. Solid waste landfills or transfer stations, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste;

iv. Liquid petroleum refining, reprocessing, and storage;

v. Bulk storage facilities;

vi. Hard rock and sand and gravel mining, unless located within the mineral resource designation;

vii. The storage or distribution of gasoline treated with the additive methyl tertiary butyl ether;

viii. Hazardous waste treatment, storage, and disposal facilities except those defined under permit by rule for industrial wastewater treatment processes per WAC 173-303-802(5)(a);

ix. Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;

x. Dry cleaning establishments using the solvent perchloroethylene or similarly toxic compounds;

xi. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials;

xii. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade);

xiii. Mobile fleet fueling operations;

xiv. Class I, Class III, Class IV, and the following types of Class V wells: 5A7, 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 as regulated under RCW Chapter 90.48 and WAC Chapters 173-200 and 173-218, as amended;

xv. Permanent dewatering of the aquifer for new projects and redevelopment;

xvi. Facilities that store, process, or dispose of radioactive substances; and

xvii. Irrigation with graywater or reclaimed water.

b. Other land uses and activities that the city determines would pose a significant groundwater hazard to Group A and Group B groundwater supplies within the city limits, or would significantly reduce the recharge to aquifers currently or potentially used as a potable water source.

3. Wellhead Protection Zone Performance Standards.

a. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer.

b. Any uses or activities which involve storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall comply with the following standards that apply to the wellhead protection zone in which they are located. Residential uses of hazardous materials or deleterious substances are exempt from the following standards.

c. If a property is located in more than one wellhead protection zone, the director of community development shall determine which standards shall apply based on an assessment evaluation of the risk posed by the facility or activity. The assessment evaluation shall include, but not be limited to: (a) the location, type, and quantity of the hazardous materials or deleterious substances on the property; (b) the geographic and geologic characteristics of the site; and (c) the type and location of infiltration on the site.

d. Development within Wellhead Protection Zone 1 or 2, and any facility or activity existing as of adoption of this title within which hazardous materials or other deleterious substances are present, shall implement the following relevant performance standards:

i. Secondary Containment.

1. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials or other deleterious substances in aggregate quantities equal to or greater than twenty gallons liquid or two hundred pounds solid or in quantities specified in the Yakima fire code, YMC Chapter 10.05, whichever is smaller.

2. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology (Ecology) under WAC Chapter 173-360, Underground Storage Tank Regulations, are exempt from the secondary containment requirements of this section; provided, that documentation is provided to demonstrate compliance with those regulations.

ii. Vehicle Fueling, Maintenance, and Storage Areas. Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into soil, surface water, or groundwater. Appropriate emergency response equipment and spill kits shall be kept on site during transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances.

iii. Loading and Unloading Areas. Secondary containment or equivalent best management practices (BMPs), as approved by the director of public works, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than twenty gallons liquid or two hundred pounds solid.

iv. Stormwater Infiltration Systems. Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on site. These risks may be mitigated by physical design means or equivalent BMPs in accordance with an approved hazardous materials management plan. Design and construction of said stormwater infiltration systems shall also be in accordance with Chapter 7.83 YMC and the latest edition of the Stormwater Management Manual for Eastern Washington, approved local equivalent, or another technical stormwater manual approved by Ecology, and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the state of Washington.

v. The record and construction details of any well regulated under Chapter 173-160 WAC, Construction and Maintenance of Wells, and any well excluded per WAC 173-160-010(2) that is constructed or decommissioned in Zones 1 and 2 shall be provided to the department of community development within sixty days of well completion or decommissioning.

vi. Protection Standards During Construction. The following standards shall apply to construction activities occurring where construction vehicles will be refueled on site and/or the quantity of hazardous materials that will be stored, dispensed, used, or handled on the construction site is in aggregate quantities equal to or greater than twenty gallons liquid or two hundred pounds solid, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles. As part of the city’s project permitting process, the city may require any or all of the following items:

1. A development agreement;

2. Detailed monitoring and construction standards;

3. Designation of a person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials and who has appropriate knowledge and training to take mitigating actions necessary in the event of fire or spill;

4. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site;

5. Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used if they will preclude access;

6. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately or repaired on site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained;

7. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the Yakima fire code, Chapter 10.05 YMC; and

8. Practices and procedures, and/or on-site materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On-site cleanup materials may suffice for smaller spills whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported if required under state or federal law. Contaminated soil, water, and other materials shall be disposed of according to state and local requirements.

vii. Fill Materials. Fill material shall comply with the standards in YMC Chapter 7.82 and the following:

1. Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173-340-740, Model Toxics Control Act, regardless of whether all or part of the contamination is due to natural background levels at the fill source site. Where the detection limit (lower limit at which a chemical can be detected by a specified laboratory procedure) for a particular soil contaminant exceeds the cleanup standard for soil specified in WAC 173-340-740, the detection limit shall be the standard for fill material quality.

2. Fill materials in quantities greater than ten cubic yards placed directly on or in the ground in excess of six months shall meet the following requirements:

(a) A fill material source statement shall be provided to the department of community development and shall be reviewed and accepted by the department prior to stockpiling or grading imported fill materials at the site. The source statement shall be issued by a professional engineer, geologist, engineering geologist or hydrogeologist licensed in the state of Washington demonstrating the source’s compliance with standards of the Model Toxics Control Act. The source statement shall be required for each different source location from which fill will be obtained.

(b) Analytical results demonstrating that fill materials do not exceed cleanup standards specified in WAC 173-340-740 may be used in lieu of a fill material source statement, provided the regulated facility submits a sampling plan to, and which is approved by, the director of community development. The regulated facility must then adhere to the approved sampling plan, and maintain analytical data on site and available for inspection for a minimum of five years from the date that the fill was accepted.

3. The department of community development may accept a fill material source statement that does not include results of sampling and analysis of imported fill if it determines that adequate information is provided indicating that the source location is free of contamination. Such information may include, but is not limited to:

(a) Results of field testing of earth materials to be imported to the site with instruments capable of detecting the presence of contaminants; or

(b) Results of previous sampling and analysis of earth materials to be imported to the site.

4. A fill material source statement is not required if documents confirm that imported fill will be obtained from a Washington State Department of Transportation approved source.

5. The director of community development shall have the authority to require corrective measures regarding noncompliant fill materials, including independent sampling and analysis, if the property owner or operator fails to accomplish such measures in a timely manner. The property owner or operator shall be responsible for any costs incurred by the city in the conduct of such activities.

viii. Cathodic Protection Wells. Cathodic protection wells shall be constructed such that the following do not occur:

1. Vertical cross-connection of aquifers normally separated by confining units;

2. Migration of contaminated surface water along improperly sealed well borings or casings;

3. Introduction of electrolytes or related solutions into the subsurface; and

4. Any of the above conditions caused by improperly abandoned cathodic protection wells that are no longer in use.

ix. Underground Hydraulic Elevator Cylinders. All underground hydraulic elevator pressure cylinders shall be encased in an outer plastic casing constructed of Schedule 40 or thicker wall polyethylene or polyvinyl chloride pipe, or equivalent. The plastic casing shall be capped at the bottom, and all joints shall be solvent- or heat-welded to ensure water tightness. The neck of the plastic casing shall provide a means of inspection to monitor the annulus between the pressurized hydraulic elevator cylinder and the protective plastic casing.

x. Best Management Practices (BMPs). All development or redevelopment shall implement BMPs for water quality and quantity, as approved by the director of community development, such as biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use proposed, clustered development, and limited impervious surfaces.

e. Development within Wellhead Protection Zone 3 shall implement appropriate BMPs and comply with the performance standards for vehicle fueling, maintenance, and storage areas; loading and unloading areas; well construction and operation; fill materials; cathodic protection wells; and underground hydraulic elevator cylinders in applicable subsections in subsection (C)(4) of this section.

f. Development within Wellhead Protection Zone 4 shall implement BMPs for water quality and quantity.

g. An incremental environmental improvement to a system protective of groundwater shall not alter, expand, or intensify an existing legal nonconformance, but may proceed without having to meet the following city codes:

i. Restrictions associated with critical areas and critical areas buffers, if the footprint of the original system protective of groundwater is located within the same critical areas buffer, and it can be demonstrated through BAS that there will be no significant adverse impacts to the critical area and its buffer;

ii. Any requirement to bring all or any portion of the facility or the development it serves up to current building, fire, or land use codes that is triggered by the value or design of the incremental environmental improvement to a system protective of groundwater; and

iii. The incremental improvement shall not qualify as a redevelopment that would otherwise be prohibited by YMC Title 15. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).