Chapter 16D.06 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM

(1) The shorelines of Yakima County include stream corridor systems, hydrologically related critical areas, streams, lakes, ponds, wetlands, and associated uplands which are part of a fragile and highly complex relationship of geology, soils, water, vegetation, and wildlife. The purpose of this chapter is to establish guidelines, policies, and standards to help conserve, protect, and, where feasible, restore and enhance this complex relationship. These regulations have been designed to:

(a) Meet the requirements of the Shoreline Management Act (RCW 90.58.020), to protect against adverse impacts to the land, its vegetation and wildlife, and the waters of the state and their aquatic life, and to protect the ecosystem-wide processes and ecological functions in Shoreline jurisdiction;

(b) Meet the requirements of the Growth Management Act (RCW 36.70A.172) to protect the functions and values of fish and wildlife habitat conservation areas, wetlands, stream undercutting geologic hazards and frequently flooded areas; and to give special consideration to anadromous fish applicable to Shoreline jurisdiction;

(2) The guidelines, policies, and standards of this chapter are intended to:

(a) Plan for and regulate necessary projects, development, and uses within jurisdiction of the Yakima County Regional SMP;

(b) Prevent further degradation in the quantity and quality of surface and subsurface waters;

(c) Conserve, restore, and protect sensitive or unique fish and wildlife habitats, vegetation, and ecological relationships;

(d) Protect public and private properties from adverse effects of improper development within hazardous or sensitive areas of the stream corridor;

(e) Provide a zero net loss of natural wetlands functions and values together with a gain of wetlands in the long term, if reasonably possible through voluntary agreements or government incentives;

(f) Establish measures to protect streams, lakes, ponds, and wetlands under shoreline jurisdiction that are at least as protective as the measures applying outside shoreline jurisdiction as required by RCW 90.58.030 (Finding – Intent – 2003 c 321).

(Res. 54-2010 § 2 (Att. B § 21), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.02 Protection Approach.

(1) To maintain viable populations of fish and wildlife species, there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals at a variety of scales across the landscape. Key factors affecting habitat quality include fragmentation, the presence of essential resources such as food, water, nest building materials, the complexity of the environment, and the presence or absence of predator species and diseases. As a method of linking large habitat areas, migration corridors offer a means by which to connect publicly protected lands and other intact habitat areas. Riparian corridors offer a natural system of such linkages. Yakima County accomplishes fish and wildlife habitat protection in 3 parts:

(a) Protect habitat for aquatic (in-water) species through stream, lake, pond and wetland standards;

(b) Protect habitat for riparian (near-water) species through stream, lake, pond, and wetland standards and buffer requirements;

(2) Yakima County has a very high proportion of federal, state and other publicly and tribally owned land, including State Natural Area Preserves and Natural Resource Conservation Areas. These lands are managed to some extent for the conservation of wildlife habitat. Consequently, one of Yakima County’s approaches to protecting all wildlife habitat types is to rely on the management of these lands by the responsible entity. The protection of Larch mountain salamander (Plethodon larselli) (State Sensitive, Federal Species of Concern) and Spotted Owl (Strix occidentalis) (State Endangered, Federal Threatened) habitat is accomplished through this approach, since their habitat of primary association is located within Federal ownership.

(3) To accomplish upland wildlife protection on private lands, Yakima County performed an assessment to map wildlife habitat. Only a small percentage of the mapped area is within private ownership and that is largely in remote areas of forest and rangeland. Consequently, part of Yakima County’s approach to protect upland wildlife on private land is to rely on the large lot/low density provisions of the Remote (40-acre minimum), Forest (80-acre minimum) and Agriculture (40-acre minimum) zoning districts.

(4) Corridors for wildlife to move between large habitat areas are a component of wildlife habitat. Riparian corridors offer a natural system of linkages between such areas. In semi-arid regions such as Yakima County, riparian corridors not only offer migratory linkages between large habitat areas but also offer important refuge and habitat for numerous species that rely on the riparian areas for their existence. Consequently, Yakima County’s approach to protect wildlife migration corridors and riparian habitat is to rely on the protection measures for stream corridors, wetlands, in Shoreline jurisdiction, where applicable. Native upland plant communities adjacent to riparian areas in Yakima County are also high quality wildlife habitat supporting significant native wildlife assemblages. Other upland plant communities consisting of mixes of native and introduced species also support diverse wildlife populations. The goals, policies, shoreline environments and use regulations in this SMP are intended to manage these areas, where they occur within jurisdiction of this shoreline master program, to assure no net loss of ecological function, including existing wildlife habitat and populations. This purpose is complementary to additional provisions in Chapter 16D.11, Upland Wildlife Habitat Conservation Areas, which address this Critical Area category, identified in the Growth Management Act (RCW 36.70A.172).

(5) Yakima County’s approach to protecting aquatic habitat is to rely on the protection standards for rivers, streams, lakes, and the associated wetlands of these shorelines, within jurisdiction of the Yakima County Regional SMP. These standards are derived from the requirements of the SMP Guidelines, at WAC 173-26-201 and subsequent sections.

(6) In addition to the provisions of Section 16D.06.02(4) above, for purposes of managing fish and wildlife habitat conservation areas pursuant to the Growth Management Act, habitat for listed state and federal threatened, endangered, and sensitive species was assessed and incorporated for upland species. Consequently, Yakima County’s approach to protect habitat for listed state and federal threatened, endangered, and sensitive upland species is outlined in Section 16D.11.

(Res. 54-2010 §§ 2 (Att. B § 22), 4 (Att. C §§ 7 – 9), 5 (Exh. 1 § 7), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

ARTICLE II – DESIGNATION AND MAPPING¹

16D.06.03 Hydrologically Related Critical Area Features.

The stream corridor and other hydrologically related critical areas include one or more of the following features:

(1) Any floodway and floodplain identified as a special flood hazard area. Special flood hazard areas are those identified by the Federal Insurance Administration in the Flood Insurance Study for Yakima County which, together with accompanying Flood Insurance Maps, is hereby adopted by reference and declared to be a part of this title as set forth in Chapters 16D.05.20 through 16D.05.72;

(2) Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the ordinary high water mark;

(3) Naturally occurring ponds under twenty acres and their submerged aquatic beds; and manmade lakes and ponds created within a stream channel designated under (2) above;

(4) All wetlands that meet the definition found in Section 16D.02.425, as required by WAC 365-190-080(1), and as designated in section 16D.07.02(1) of the wetland chapter;

(5) Where specifically cited, any flood-prone area not included in a designated floodway and floodplain but indicated as flood-prone by U.S. Soil Conservation Service soil survey data or geologic evidence developed through professional geologists or engineers;

(6) A buffer area extending on a horizontal plane from the ordinary high water mark of a stream channel, lake, or pond, designated in this section or from the edge of a wetland designated in this section according to the distances set forth in Section 16D.06.16 (Vegetative Buffers);

(7) Lakes and ponds meeting the designation criteria in the Shoreline Management Act (RCW 90.58.030) listed in Appendix B.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.05 Functional Properties.

(1) Streams, lakes and ponds and wetlands require a sufficient riparian area to support one or more of the following functional properties:

(a) Streambank and shore stabilization;

(b) Providing sufficient shade through canopy cover to maintain water temperatures at optimum levels and to support fish habitat;

(d) Filtering solids, nutrients, and harmful substances;

(e) Surface erosion prevention;

(f) Providing and maintaining migratory corridors for wildlife;

(g) Supporting a diversity of wildlife habitat;

(h) Providing floodplain functions noted below;

(i) Contributing woody debris and organic matter to the aquatic environment;

(j) Providing altered climatic conditions different from upland areas.

(2) Stream channels generally support one or more of the following functional properties:

(a) Groundwater recharge and/or discharge;

(b) Water transport;

(d) Biogeochemical functions (see lakes, ponds and wetland functions below);

(e) Channel migration and creation of a dynamic habitat mosaic;

(f) Food web and habitat functions.

(3) Lakes, ponds and wetlands generally provide similar functions, sometimes to a greater or lesser degree. Wetlands are often located along the margins of lakes and ponds, which often mixes the functions between the two. Lakes, ponds and wetlands generally provide one or more of the following functional properties:

(a) Biogeochemical functions, which are related to trapping and transforming chemicals and include functions that improve water quality in the watershed such as: nutrient retention and transformation, sediment retention, metals and toxics retention and transformation;

(b) Hydrologic functions, which are related to maintaining the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, groundwater recharge;

(c) Food web and fish and wildlife habitat functions, which includes habitat for: invertebrates, amphibians, anadromous fish, resident fish, birds, mammals.

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

(a) Floodwater storage and passage, including the movement of high velocity flood waters;

(b) Sediment storage and recruitment;

(d) Nutrient sink and/or source;

(e) Groundwater recharge and/or discharge.

(5) Some functions, as, for example, supporting a diversity of wildlife habitat, require larger areas which may not be achievable due to existing development and construction constraints. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. However, a reduction of standards impairs the hydrologically related critical area’s ability to support some functional properties. Reductions of standards should be offset by enhancement, restoration or preservation measures which replace lost functions or strengthen other functional properties if replacement of the lost functions is not possible.

(Res. 54-2010 § 4 (Att. C § 11), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.07 Wetland Rating System.

Wetlands within Yakima County are defined in Section 16D.02.425 and are shown on the data maps referenced in Section 16D.06.08 (Maps). Most, but not all, of the wetlands within Yakima County occur near streams. All wetlands deserve a standard of protection, through the use of vegetative buffers, that is directly related to their contribution to the functional properties listed in Section 16D.06.05 (Functional Properties) and section 16D.07.04 (Wetland Functions and Rating). For regulatory purposes, wetlands are classified into four categories according to the wetland rating system found in section 16D.07.04(2) (Wetland Functions and Rating) of the wetland chapter.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.08 Maps.

Shorelines of the state as well as certain fish and wildlife habitat and hydrologically related critical areas have been inventoried and are depicted on a series of paper and electronic maps maintained at the Yakima County Public Services Department. The best available graphic depiction of critical areas within the county will be used and continuously updated as reliable data becomes available. Maps may be both regulatory and nonregulatory in nature as described below:

(1) Regulatory maps are created with a defined process not necessarily corresponding directly with easily observable physical features such as streams and wetlands. These maps define the regulated critical areas. They are also formally adopted by the Board of Yakima County Commissioners and may only be changed by that body. Regulatory maps include the following:

(a) Any floodway or floodplain identified as a special flood hazard area by the Federal Insurance Administration in the Flood Insurance Study for Yakima County.

(2) Administrative maps are intended to indicate the approximate presence, location and/or typing of the subject critical area features, and act as a trigger for further investigation of the extent and characteristics of critical areas in a specific project location. These maps were created using reconnaissance level or better data. Given site-specific variations in reconnaissance level data, more detailed information developed at the site-specific level may be used to modify the maps as it is developed; the maps maintained by the Yakima County Public Services Department do not officially define the extent or characteristics of specific critical areas; rather the physical characteristics that exist “on the ground” define the boundaries of the regulated critical areas. Administrative maps include, but are not limited to, the following;

(a) Wetlands;

(b) Streams;

(d) Species and Habitats of Local Importance. Mapped habitat areas for newly listed species will be generated as needed to supplement the existing maps. Habitats of local importance currently include:

(i) Type 2 Streams, lakes and/or ponds listed in Appendix A and described in section 16D.06.06(2) above.

(e) Upland Wildlife Habitat Analysis Map;

(3) Other Information Sources. These are maps or other data sources, including special studies and management plans, which are neither produced or maintained by the Yakima County Public Services Department, which are used to indicate the presence of critical areas, importance or ranking of critical areas functions, or hazard or risk associated with critical areas. These information sources include, but are not limited to:

(a) Comprehensive flood hazard management plans and associated studies;

(b) Soil survey of Yakima County;

(c) Natural resource management plans, such as local and federal recovery plans, or forest plans prepared by the U.S. Forest Service;

(d) Surficial geologic maps;

(e) Historic and current aerial photo series;

(f) Geohydraulic Studies. Geologic cross sections showing aquifers and confining units.

(Res. 54-2010 § 2 (Att. B § 25), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

ARTICLE III – GENERAL DEVELOPMENT STANDARDS

16D.06.10 Prohibited Uses.

The following uses and activities are prohibited within a designated hydrologically related critical area:

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

(2) Confinement feeding operations including livestock feedlots and dairy confinement areas;

(3) The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel;

(4) The draining or filling of a wetland, lake or pond, except as provided for in Section 16D.06.21 (Filling);

(5) The removal and transport of material for fill outside of the stream corridor;

(6) Site runoff storage ponds, manure stockpiles and manure disposal, holding tanks and ponds, and other similar waste disposal facilities. This provision does not include municipal wastewater lines or septic systems approved by a local or state agency with authority to permit such facilities;

(7) Solid waste disposal sites;

(8) Automobile wrecking yards;

(9) Fill for the sole purpose of increasing land area within the shorelines;

(10) Those uses located within the floodway fringe that are listed in 16D.05.32.020 (new and expanded mobile or manufactured home parks);

(11) Those uses located within the floodway that are listed in 16D.05.36.020 (dwellings, filling wetlands, landfills, junkyards, storage of vehicles and material, damming streams, and any use causing flood impacts);

(12) Within shoreline jurisdiction, those uses not allowed in particular shoreline environments as provided in section 16D.10.05 (Shoreline Land Use Table).

(Res. 54-2010 § 2 (Att. B § 26), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.11 General Policies and Standards.

The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical area:

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

(2) Existing riparian vegetation and any unique or sensitive vegetative species identified on the project site within the stream corridor shall be disturbed to the minimum extent possible.

(3) Nesting areas and other sensitive wildlife habitat identified within a stream corridor shall be disturbed to the minimum extent possible.

(4) Projects within the stream corridor 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) Stormwater and Erosion Control. Developments that obtain a stormwater permit approved by a local, state or federal agency, and transportation projects using stormwater manuals that are deemed equivalent to the Eastern Washington Stormwater Manual, are exempt from the requirements below.

(a) Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of upland 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) The removal of ground-cover vegetation, excavation, and grading shall be scheduled to ensure the minimal duration of exposed, unprotected soils.

(d) Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor which are determined will permanently increase stormwater and meltwater runoff into stream channels, drainage ways, and conduits, shall provide on-site or off-site facilities for the detention, control, and filtration of such increases.

(e) The discharge point for controlled stormwater and meltwater runoff and other outfall shall be designed and constructed to avoid causing erosion through the use of native riparian vegetation where possible or by reducing velocity, use of rock spillways, riprap, splash plates, or other demonstrably effective means.

(f) Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established.

(6) Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances.

(7) Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property or on contiguous properties of the same ownership shall be corrected.

(8) 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 stream corridor.

(9) 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.

(10) Development, construction, or uses within the stream corridor shall not alter or divert flood flows causing channel shift or erosion, increase or accelerate the flooding of upstream or downstream flood hazard areas, or otherwise threaten public or private properties.

(11) Wells located within a stream corridor shall be protectively lined and installed in a deep aquifer with an acceptable minimum hydraulic continuity with either surface waters or a shallow aquifer.

(12) Structures placed in close proximity to the outer edge of bends in stream channels identified as having a high potential to meander shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration.

(13) Adjacent communities and the Department of Ecology 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.

(14) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(15) Development, construction, or uses within the hydrologically related critical area that would contribute to the degradation of the functions and values shall be avoided or mitigated using mitigation sequencing as outlined in section 16D.03.10 (Mitigation Requirements).

(16) Development shall not obstruct, cut off, or isolate stream corridor features.

(17) Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership.

(18) If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify Yakima County, the Washington State Office of Archaeology and Historic Preservation and any affected Indian tribes. Archaeological sites are subject to RCW 27.44 (Indian graves and records) and RCW 27.53 (Archaeological sites and records), and development or uses that may impact such sites shall comply with WAC 25-48 (Archaeological Excavation and Removal Permit).

(19) The provisions of Chapters 16D.05.20 through 16D.05.72 of this title shall also apply to the development of lots and the placement, construction, or installation of structures in floodways and floodplains.

(20) 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 reclamation standards in section 16D.06.23 (Reclamation).

(21) Projects located within the floodway must meet the requirements of 16D.05.36.010 (Floodway – Permitted Uses).

(22) Projects within a floodplain must meet the requirements of section 16D.05.28 (Flood Hazard Protection Standards) and 16D.05.32 (Floodway Fringe Uses).

(23) Changing from an existing use or development which does not meet the provisions of this chapter to a new use shall be reviewed in light of the following:

(a) The conversion will demonstrably reduce impacts to stream corridor and other hydrologically related critical area features; and

(b) The conversion will restore and/or enhance the functional properties outlined in Section 16D.06.05 (Functional Properties).

(24) Additional General Shoreline Standards. The requirements below shall apply to all activities within shoreline jurisdiction.

(a) Individual projects or actions that, if continued as a pattern, would accumulatively result in the degradation or impairment of the shoreline environment shall be avoided.

(b) Individual projects or actions shall provide for no net loss of shoreline ecological functions.

(d) Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington State Scenic Vistas Act of 1971, where applicable.

(e) There shall be a thirty-five (35) foot maximum building height for all structures, except that utility towers and poles, dams, concrete and asphalt batching plants, water treatment towers, wastewater treatment facilities and bridges are not required to meet this standard, and specific height limitations for residential structures are as follows:

(i) Twenty-five feet above average grade level in the conservancy environment;

(ii) Twenty feet above average grade level in the natural environment;

(iii) Twenty-five feet above average grade level in the urban conservancy environment;

(iv) Twenty feet above average grade level in the floodway/channel migration zone.

(f) New development within shoreline jurisdiction shall be located and designed to:

(i) Avoid the need for future shore stabilization, to the extent feasible;

(ii) Avoid or, if that is not possible, to minimize the need for new and maintenance dredging;

(iii) Assure that subdivision lots created will not require shore stabilization in order for reasonable development to occur. The standards should be accomplished using geotechnical analysis of the site and shoreline characteristics, as provided in section 16D.06.19(11) (Additional Shoreline Standards for Shore Stabilization);

(iv) Setback new development on steep slopes or bluffs sufficiently to ensure that shore stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis, as provided in section 16D.06.19(11) (Additional Shoreline Standards for Shore Stabilization);

(v) New development that would require shore stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas shall not be allowed.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

ARTICLE IV – WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS

16D.06.12 Use Classifications.

For purposes of this chapter, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform with the development standards applicable to the classification provided in 16D.06.13 through 16D.06.15 except for those listed in Section 16D.03.05 (Minor Activities Allowed without a Permit or Exemption):

(1) Water-oriented uses are one of the following three (3) categories of uses:

(a) Water-dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in-water or on-land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore.

(b) A water-related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location either because it requires large quantities of water, or because it provides services for water dependent uses and the proximity to its customers makes such services less expensive and/or more convenient. Examples would include thermal power plants, wastewater treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops.

(c) A water-enjoyment use is a recreational or other use that facilitates public access within shoreline jurisdiction as a primary characteristic of the use, or provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use; and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. Within shoreline jurisdiction the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment in order to qualify as a water-enjoyment use within shoreline jurisdiction. Examples include recreational uses orientated to the shoreline’s water features, and restaurants with water viewing.

(2) Nonwater-oriented uses include any use not qualifying as uses in subsection (1) above.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.13 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 Section 16D.06.16 (Vegetative Buffers).

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.14 Water-Related Uses.

The following provisions shall apply to the 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 Section 16D.06.16 (Vegetative Buffers) except where existing development or the requirements associated with the use make such a location unavoidable.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.15 Water-Enjoyment and Nonwater-Oriented Uses.

The following provisions shall apply to water enjoyment and nonwater-oriented uses:

(1) Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers).

(2) Construction abutting the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers) shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.16 Vegetative Buffers.

(1) Establishment. There is hereby established a system of vegetative buffers that are necessary to protect the ecological functions and values of shorelines, and certain hydrologically related critical areas including wetlands. The buffer for shoreline streams and lakes, the vegetative buffer shall be 100 feet. For wetlands, based on a review of the best available science, buffers are listed in table 6-1.

(a) Vegetative buffers shall be measured from the Ordinary High Water Mark (OHWM) for streams, lakes and ponds, and from the wetland edge for wetlands, as identified in the field. The width of the wetland buffer shall be determined according to the wetland type, specified in Table 6-1.

(b) Buffer width may be reduced through the Variance (16D.03.22) permit process.

(c) The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. If the vegetation is degraded, then no adjustment to the buffer width should be granted and re-vegetation should be considered. Where the use is being intensified, a degraded buffer should be re-vegetated to maintain the standard width.

Table 6-1
Type 1 Wetlands	Type 2 Wetlands	Type 3 Wetlands	Type 4 Wetlands
200'	100'	75'	50'

(Res. 54-2010 § 2 (Att. B §§ 27, 28), 2010: Ord. 14-2007 § 1 (Exh. A) (part), 2007).

ARTICLE V – LAND MODIFICATION DEVELOPMENT STANDARDS

16D.06.17 Roads, Railroads and Parking.

The following provisions shall apply to the location and construction of roads, railroads and parking within shorelines:

(1) Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography, and other conditions preclude locations outside the stream corridor.

(a) Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.

(b) Roadways that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor.

(2) Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the corridor.

(3) Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood-prone.

(4) Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor.

(5) Bridges and water-crossing structures shall not constrict the stream channel or impede the flow of the ordinary high water, sediment and woody debris.

(6) Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainageways. Where bridges are not feasible, large, natural bottom culverts, multi-plate pipes and bottomless arches shall be used.

(7) The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways, unless doing so conflicts with subsections (1) and (2), and shall be sized to accommodate ordinary high water, and shall terminate on stable, erosion-resistant materials.

(8) Where fish, amphibian or other wildlife passage is present, culverts shall be designed and constructed to specifications provided through the Washington State Aquatic Habitat Guidelines or a comparable source of expertise.

(9) At least one end of a wood stringer bridge shall be anchored to prevent it from being washed away during high water.

(10) Roads must be designed and constructed using established flood resistant design and construction methods when they may be subject to damage by flood waters.

(11) Roads and bridges within floodways must meet the requirements of section 16D.05.36.010 subsections (2) and (7).

(12) Additional Shoreline Standards for Roads, Railroads and Parking. The standards in this section only apply to new uses within shoreline jurisdiction.

(a) Parking areas shall be located upland of the areas they serve.

(b) Owners of two or more adjoining uses, structures or parcels of land may utilize jointly the same parking area when the hours of operation do not overlap.

(c) A conditional use permit for roads, railroads or parking areas must demonstrate through social, economic, environmental, and engineering studies that a shoreline location is the most feasible of the available options.

(Res. 54-2010 § 2 (Att. B § 29), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.18 Utility Transmission Lines and Facilities.

The following provisions shall apply to the location, construction, or installation of utility transmission lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within a designated hydrologically related critical area:

(1) Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor.

(a) Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.

(b) The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under Section 16D.06.05 (Functional Properties) of this title.

(2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor.

(3) Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis.

(4) Wherever possible, new aboveground installations shall use available, existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings.

(5) Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical.

(6) Transmission support structures shall be located clear of high flood velocities, located in areas of minimum flood depth which require the least floodproofing, and shall be adequately floodproofed.

(7) Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow.

(8) All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of 16D.05.28.010(2) (re: infiltration or discharge into or out of the system).

(9) Utility transmission lines within the floodway fringe shall meet the standards of 16D.05.32.010(2).

(10) Utility transmission lines within the floodway shall meet the standards of 16D.05.36.010(2).

(11) Additional Shoreline Standards for Utility Transmission Lines and Facilities. The requirements below shall apply to all utility transmission lines and facilities within shoreline jurisdiction. Utility services to individual projects undergoing shoreline review, including those where the primary use may be in a different shoreline environment than the utility service shall not require separate substantial development permits for utility service installations, but are subject to all of the provisions in 16D.06.18 (Utility Transmission Lines and Facilities), except those listed below. Utility service to projects outside shoreline jurisdiction are subject to normal shoreline permitting, and are subject to all of the provisions in 16D.06.18 (Utility Transmission Lines and Facilities), except those listed below.

(a) Where feasible utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive.

(b) New utility facilities shall be designed and located to preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses, especially recreation, residential and public access.

(c) Expansion, updating, and maintenance of existing facilities is allowed but shall be designed to be located to avoid adverse impacts to shoreline resources as much as possible.

(d) Permit applications shall meet the following submittal review standards:

(i) Applications shall submit studies (social, economic, environmental, engineering, etc.) to demonstrate that a shoreline location is the most feasible of the available options.

(ii) Applications to locate transmission lines shall submit a location plan that shows existing utility routes in the vicinity of the proposed transmission line. Failure of utility lines to follow existing routes, where feasible, shall cause denial of the application.

(iii) Applications shall include a reclamation plan that provides for re-vegetation and protection of shoreline areas from erosion and siltation. A re-vegetation or erosion protection plan judged by the administrative official to be insufficient for the protection or restoration of the shoreline environment shall cause denial of the application.

(Res. 54-2010 § 2 (Att. B § 30), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.19 Shore Stabilization.

The following provisions shall apply to shore stabilization projects:

(1) Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties.

(2) Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise.

(3) Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property.

(4) The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with Section 16D.06.21 (Filling).

(5) Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects.

(6) Stream bank and lakeshore protection shall be accomplished using bioengineered (biotechnical) designs employing living plant materials as primary structural components of resistance to erosion and mass wasting, unless a report prepared by a qualified engineer experienced in soil bioengineering (biotechnical) and shoreline protection demonstrates that conventional structural armoring is the only feasible means of stabilizing the subject stream bank or lakeshore.

(7) Applications to construct or enlarge dikes or levees shall meet the requirements of 16D.05.36.010(6).

(8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore.

(9) Breakwaters shall be constructed of floating or open-pile designs rather than fill, riprap, or other solid construction methods.

(10) All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance, and repairs for the life of the project.

(11) Additional Shoreline Standards for Shore Stabilization. The requirements below shall apply to all shore stabilization activities within shoreline jurisdiction.

(a) Where feasible, dikes and levees shall be located outside of the floodway or channel migration zone of the river or stream in order to minimize any attendant increase in water stage and stream flow velocity over existing conditions.

(b) Riprapping and other shore stabilization measures shall be designed, located, and constructed in such a manner as to minimize the disruption of natural channel characteristics.

(c) Where a geotechnical analysis or report is required, it shall meet the provisions of 16D.03.18(6) (flood hazard reduction and shore modification in shoreline jurisdiction).

(d) When structural flood hazard reduction and shore stabilization measures are necessary, they shall be located and designed to meet the provisions of 16D.03.18(6) (flood hazard reduction and shore modification in shoreline jurisdiction).

(e) Demonstration of Necessity. New structural shore stabilization measures shall not be allowed except when necessity is demonstrated in the following manner:

(i) New or enlarged structural stabilization measures for an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shore stabilization.

(ii) Erosion control structures in support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply:

(A) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.

(B) Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.

(C) The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents, and waves.

(iii) Erosion control structures in support of water-dependent development when all of the conditions below apply:

(A) The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.

(B) Nonstructural measures, planting vegetation, or installing on-site drainage improvements are not feasible or not sufficient.

(f) Erosion control structures to protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to the Model Toxics Control Act (70.105D RCW) shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis that demonstrates that nonstructural measures such as planting vegetation, or installing on-site drainage improvements, is not feasible or not sufficient.

(g) An existing shore stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion. For purposes of this section standards on shore stabilization measures, “replacement” means the construction of a new structure to perform a shore stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shore stabilization measures shall be considered new structures under paragraph (e) above.

(i) Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shore stabilization structure.

(ii) Soft shore stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark.

(Res. 54-2010 § 2 (Att. B § 31), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.20 Dredging and Excavation.

The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area:

(1) Dredging in surface waters shall be allowed only where necessary because of existing navigation needs, habitat restoration or improvement, maintenance or construction of water-dependent uses.

(2) Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.

(3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.

(4) Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.

(5) Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage.

(6) Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.

(7) Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.

(8) Additional Shoreline Standards for Dredging and Excavation. The requirements below shall apply to all dredging and excavation activities within shoreline jurisdiction.

(a) All applications for substantial development permits that include dredging shall supply a dredging plan that includes the following information:

(i) The quantity of material to be removed.

(ii) The method of removal.

(iii) Location of spoil disposal sites and measures that will be taken to protect the environment around them.

(iv) Plans for the protection and restoration of the shoreline environment during and after dredging operations.

(b) A dredging operation judged by the Administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.21 Filling.

The following provisions shall apply to filling activities within shorelines:

(1) Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water-dependent uses, or an approved reclamation plan under Section 16D.06.23 (Reclamation) or approved compensatory mitigation plan under Section 16C.03.17(13).

(2) Fill for the purpose of increasing elevation may be permitted if such can be accomplished in a manner consistent with the policies of this chapter.

(3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods.

(4) Fill in floodplains shall meet the requirements of Chapters 16D.05.20 through 16D.05.72.

(5) Pile or pier supports shall be preferred over fill for water-dependent uses and facilities.

(6) Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality.

(7) Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.

(8) Fill shall be stabilized with native vegetation where appropriate to prevent erosion, migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless technical consultation with other regulating agencies indicates alternative means are required.

(9) Projects that propose fill shall make every effort to acquire fill on site (also known as compensatory storage) where appropriate.

(10) Fill should not obstruct, cut off, or isolate stream corridor features.

(11) Additional Shoreline Standards for Fill. The requirements below shall apply to all filling activities within shoreline jurisdiction.

(a) Fill projects shall be evaluated for effects on total water surface reduction, navigation restriction, impediment to water flow and circulation, impediment to irrigation systems, reduction of water quality, and destruction of fish and wildlife habitat.

(b) Applications shall include a reclamation plan that provides for re-vegetation and protection of shoreline areas from erosion and siltation. A re-vegetation or erosion protection plan judged by the administrative official to be insufficient for the protection or restoration of the shoreline environment shall cause denial of a substantial development permit.

(Res. 54-2010 § 2 (Att. B § 32), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.22 Commercial Mining of Gravels.

The following provisions shall apply to the commercial mining of gravels within shorelines:

(1) Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following:

(a) The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation;

(b) The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation;

(2) The operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature’s replacement at equal value.

(3) Any surface mining allowed within the floodway shall meet the standards of 16D.05.36.010(1).

(4) Except where authorized by Yakima County in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply:

(a) The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel.

(b) Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM.

(c) Gravel washing, rock-crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM.

(5) Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards (WAC 332-18, RCW 78.44).

(6) Additional Shoreline Standards for Industrial Mining of Gravels. The requirements below shall apply to all mining activities within shoreline jurisdiction.

(a) Applicants shall submit a mining and reclamation plan to the Administrator describing the proposed site, quantity of material to be removed, method of removal, and measures that will be taken to protect lakes and streams from siltation and sedimentation. A surface mining plan or a reclamation plan judged by the administrative official to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.

(b) Mining processing activities and stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding.

(c) Mining processing activities shall utilize existing and/or new vegetation where necessary to minimize visual and noise impacts.

(d) New mining and associated activities shall assure that proposed subsequent use of the mined property is consistent with the provisions of the environment designation and that reclamation of disturbed shoreline areas provides appropriate ecological functions consistent with the setting.

(Res. 54-2010 § 2 (Att. B § 33), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.23 Reclamation.

The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities within a designated hydrologically related critical 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 within the stream corridor.

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

(3) Reclamation shall be scheduled to address precipitation, meltwater runoff, 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 the 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 stream corridor degradation.

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

(7) The replacement or enhancement of vegetation within wetlands and required vegetative buffers shall use naturally occurring, native plant species. In other parts of the stream corridor, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the administrative official is provided, in which case self-maintaining or low-maintenance plant species compatible with native vegetation shall be preferred over non-native and high-maintenance species.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

ARTICLE VI – SHORELINE USE DEVELOPMENT STANDARDS

16D.06.24 Forest Practices.

The following provisions shall apply to forest practices, as defined, within shoreline jurisdiction:

(1) All federal forest practices or nonfederal forest practices meeting the criteria below shall qualify for the exemption from development standards provided in 16D.03.13(2)(a). All forest practices qualifying for this provision shall demonstrate compliance by providing a copy of the federal approval or state Forest Practices Permit. Other forest practices must conform to all applicable development standards.

(a) Harvest/treat at least 5 acres of forestland, or supporting such an operation;

(b) All harvesting within 200 feet of OHWM of Shoreline of Statewide Significance uses methods meeting RCW 90.58.150 (selective harvest), as amended;

(d) Approved under a forest practices permit;

(e) Not associated with a harvest under a Class IV, General application to convert forest land to nonforestry use.

(2) Nonfederal forest practices not meeting criteria (1)(a), (b), or (c) above are designated as a conditional use.

(3) Nonfederal forest practices, not meeting criterion (1)(d) above (Class 1 forest practices, activities not requiring DNR review, etc.) shall be reviewed as separate uses or activities.

(4) Nonfederal forest practices not meeting criterion (1)(e) above shall be reviewed as a new proposed use.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.25 Commercial and Community Services.

The following provisions apply to any development, construction, or use of land for commercial and commercial service purposes within shoreline jurisdiction.

(1) Developers shall ensure that utility lines including electricity and communications will be underground, except where presence of bedrock or other obstructions make undergrounding impractical. Aboveground lines in existence at the time of adoption of the master program shall be undergrounded during normal replacement processes.

(2) Water-oriented commercial and community services uses shall be designed to facilitate public access to and enjoyment of nearby shoreline areas.

(3) Application for new commercial or community services shall demonstrate either:

(a) How the use qualifies as a water-oriented use and how facilities function as such; or

(b) That a nonwater-oriented use is part of a mixed use development that includes a water dependent use, and that it will provide a significant public benefit towards meeting SMA objectives, such as providing public access and ecological restoration; or

(c) That a nonwater-oriented use is setback from the OHWM or wetland edge by either a public right-of-way or by 100 feet or more of a separate parcel.

(4) Boating facilities, marinas and extended mooring sites shall:

(a) Comply with the health, safety and welfare standards of State and local agencies for such facilities;

(b) Be so located and designed as not to obstruct or cause danger to normal public navigation of water bodies;

(d) Avoid or mitigate for aesthetic impacts;

(e) Mitigate special impacts of live-aboard vessels;

(f) Mitigate impacts to existing public access and navigation;

(g) Provide documentation of ownership or authorization to use associated water areas;

(h) Demonstrate that state and local regulations will be met. Agencies responsible for such regulations shall be consulted as to the viability of the proposed design;

(i) Submit an operations and site plan demonstrating:

(i) Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality;

(ii) Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities;

(iii) Adequate facilities to properly handle wastes from holding tanks;

(iv) That boating facilities are located only at sites with suitable environmental conditions, shoreline configuration, and access;

(v) Adequate access, parking, and rest room facilities for the public. Such facilities should be located away from the immediate water’s edge.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.26 Industrial Activities.

The following provisions apply to any development, construction, or use of land for industrial purposes within shoreline jurisdiction:

(1) Facilities and structures shall be designed and screened with vegetation to minimize degradation of shoreline aesthetic qualities.

(2) Industries which have proven to be environmentally hazardous shall be discouraged from locating along the shorelines.

(3) Industrial uses and redevelopment of industrial uses shall provide for environmental cleanup and restoration in degraded or contaminated locations.

(4) Application for new industrial activities shall demonstrate either:

(a) How the use qualifies as a water-oriented use and how facilities function as such; or

(c) That a nonwater-oriented use is setback from the OHWM or wetland edge by either a public right-of-way or by 100 feet or more of a separate parcel.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.27 Residential.

The following provisions apply to any development, construction, or use of land for residential purposes within shoreline jurisdiction.

(1) Developers in the urban, natural and urban conservancy environments shall ensure that utility lines including electricity and communications will be underground, except where the presence of bedrock or other obstructions make undergrounding impractical. Aboveground lines in existence at the time of adoption of the master program shall be undergrounded during normal replacement processes.

(2) Plats of subdivisions containing land adjacent to publicly owned or controlled bodies of water shall allow for pedestrian access to such water bodies for residents of upland lots within the subdivision.

(3) Residential development and preliminary plats shall contain plans indicating how shore vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion control plan judged by the Administrator to be insufficient for protection of the shoreline environment shall cause denial of an application.

(4) Subdivisions within the jurisdiction of the master program shall maintain an overall project density of one dwelling unit per one-half acre. Subsequent re-subdivision of any portion of the property contained in the original plat in order to increase density above that specified herein is prohibited.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.28 Recreation.

The following provisions apply to any development, construction, or use of land for recreational purposes within shoreline jurisdiction.

(1) Recreational activities in the urban and rural environment must be compatible with existing or proposed uses in the area and must not create a noise, traffic, visual or similar problem.

(2) No permanent structures are allowed in the natural environment.

(3) The location, design, and operation of recreational facilities shall be consistent with the purpose of the environmental designation.

(4) Access to recreational areas should emphasize both areal and linear access. Linkage of shoreline parks and public access points by means of linear access should be encouraged.

(5) Different uses within a specific recreational facility must be compatible with each other.

(6) Commercial components of the use that are not explicitly related to the recreational operation must also conform to the commercial use standards of section 16D.06.25 (Commercial and Community Services).

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.29 Agriculture.

For shoreline purposes, WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture) shall determine the need for shoreline review for agricultural activities. To summarize, existing agricultural activities, including maintenance, repair and replacement of existing facilities, may continue as they historically have and may include changes in crops. New agricultural activities on land not currently in agricultural use are subject to shoreline review. New facilities (roads, buildings, etc.) are subject to shoreline review, or exemption when applicable. The following provisions apply to any development, construction, or use of land for agricultural purposes.

(1) Confinement feeding operations shall meet the following standards:

(a) Applicants shall submit a proposed site plan that indicates:

(i) Maximum number and type of livestock to be kept on the site;

(ii) Existing and proposed contour of the land and topographic features;

(iii) Groundwater profiles, streams and drainage ways;

(iv) Soil types;

(v) Existing and proposed building locations;

(vi) Waste disposal facilities including: Site runoff storage ponds, location of manure stockpiles, holding tanks and ponds, ultimate manure disposal sites;

(vii) Other use areas such as feed storage, animal movement routes and animal pens.

(b) A site plan judged by the administrative official to be insufficient for the protection of the shoreline environment shall cause denial of the application.

(2) New agricultural activities and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency.

(3) Rangeland livestock grazing may qualify for the exemption from critical areas development standards listed in 16D.03.13(2)(b).

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.30 Aquaculture.

The following provisions apply to any development, construction, or use of land for aquacultural purposes within shoreline jurisdiction.

(1) All structures located within water bodies shall not preclude navigability of those waters at any time, and shall be clearly marked so as to provide no hazard to navigation on those waters.

(2) Aquaculture facilities shall avoid significant conflict with water-dependent uses, the spreading of disease, introduction of nonnative species, or impacts to shoreline aesthetic qualities.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.06.31 Piers and Docks.

The following provisions apply to any development, construction, or use of land for piers and docks within shoreline jurisdiction.

(1) Pier and dock construction shall be the minimum size necessary to meet the needs of the use.

(2) New pier or dock construction, excluding docks accessory to single-family residences must demonstrate that a specific need exists to support the intended water-dependent or public access use.

(3) New residential development of two or more dwellings must provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence.

(4) Docks, piers, and any other over-water structures for similar purpose, are prohibited in free-flowing streams and rivers in Yakima County. Bridge and trestle piers, flow measuring gauges, and existing irrigation diversion facilities are excluded from the prohibition in this section.

(Res. 54-2010 § 2 (Att. B § 34), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

Code reviser’s note: Att. B § 24 of Res. 54-2010 deletes Section 16D.06.06 (Stream, Lake and Pond Typing System) and provides: “Refer to Appendix B and C of the SMP, listing shoreline lakes, rivers and streams which are shorelines In Yakima County.”