HomeMy WebLinkAbout2015-002 2015 Comprehensive Plan and Ordinance Changes Supporting WSDOE; Land Use and Shoreline DevelopmentAN ORDINANCE
ORDINANCE NO. 2015-002
relating to the regulation of land use and shoreline development in
the City of Yakima rescinding, superseding and replacing Exhibits
"A" & "B" of Ordinance No. 2013-050 of the City of Yakima's
Comprehensive Plan 2025 Natural Environment section, and Title
17 Shoreline Master Program to address recommended and
required changes by the Washington State Department of
Ecology.
WHEREAS, the Yakima City Council passed Ordinance No. 2013-050 on November 5'
2013, adopting the City of Yakima's Shoreline Master Program, Comprehensive Plan Shoreline
Goals and Policies, and Transmitted the approved documents to the Washington State
Deparment of Commerce and Ecology for final review and approval; and
WHEREAS, the On February 20, 2014, the Washington State Department of Ecology
accepted the City's locally adopted SMP (Ord. No. 2013-•050) update as complete for purposes
of review; and
WHEREAS, On August 15, 2014, the Washington State Deparment of Ecology conditionally
approved the City's comprehensive SMP update with specific required and recommended
changes; and
WHEREAS, On September 12, 2014, the City of Yakima Administrative Offical having
reviewed the recommended and required changes by the Washington State Deparment of
Ecology finding them to be primarily clerical with no substantive changes, sent a letter agreeing
to all required and recommended changes; and
WHEREAS, On October 6, 2014, the Washigton State Department of Ecology issued its
Notice of Final Action on the City of Yakima's adopted Shoreline Master Program; and
WHEREAS, the City of Yakima Shoreline Master Program became effective on October 16,
2014; and
WHEREAS, the City Council of the City of Yakima, hereby finds and determines that it is in
the best interests of residents of the City of Yakima to amend the City's Shoreline Master
Program and Comprehensive Plan goals and policies in accordance with the Washington State
Department of Ecology's required and recommended changes, which promote the general
health, safety and welfare of the Citizens of Yakima; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Amendments to Rescind, Supersede and Replace Exhbits "A & B" of Ord.
No. 2013-050. Exhibits "A & B" of Ord. No. 2013-050 are hereby rescinded, and superseded
and replaced with the attached Exhibits "A & B" dated October 16, 2014, incorporating the
recommended and required changes specified by the Washington State Department of
Ecology's August 15, 2014 Conditional Letter of Approval for the City's Comprehensive
Shoreline Master Program Update.
Section 2. Preparation of Final Shoreline Master Program and Comprehensive Plan
Document. City staff is hereby directed to prepare a final Shoreline Master Program document
and Comprehensive Plan addendum document addressing changes to the City of Yakima's
Shoreline Master Program, and Comprehensive Plan 2025, including correction of any
typographical edits, and inclusion of appropriate graphics, and illustrations.
Section 3. Validity. If any section, subsection, paragraph, sentence, clause or phrase
of this oridinance is declared invalid or unconstitutional for any reason, such decision shall not
effect the validity of the remaining portions of this oridinance.
Section 4. Ratification. Any act consistent with the authority provided herein that was
taken prior to the effect date of this oridinance is hereby ratified and affirmed.
Section 5. Authorization to File. The City Clerk is hereby authorized and directed to file
a certified copy of this oridinance with the Yakima County Auditor.
Section 6. Effective Date. This oridinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL signed and approved this 6th day of January,
2015.
EST:
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Publication Date: January 9, 2015 . < . j ; z
Effective Date: February 8, 2015 v), -'c
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Micah Cawley, Mayor
CITY OF YAKIMA
Grant No. G1200051
City of Yakima
Shoreline Master Program
Title 17
Regulations
October 16, 2014
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
TABLE OF CONTENTS
Section Page No.
Chapter 17.01 Purpose and General Provisions 34
17.01.010 Authority 34
17.01.020 Applicability 34
17.01.030 Findings 42
17.01.040 Purpose 58
17.01.050 Relationship to Other Codes, Ordinances and Plans 58
17.01.060 Liberal Construction 64
17.01.070 Severability 64
17.01.080 Effective Date 64
17.01.090 Definitions 64
17.01.100 Shoreline Jurisdiction 2422
Chapter 17.03 Shoreline Environment Designations 2524
17.03.010 Floodway / Channel Migration Zone (CMZ) 2624
17.03.020 Urban Conservancy 2624
17.03.030 High Intensity 2725
17.03.040 Essential Public Facilities 2725
17.03.050 Shoreline Residential 282-6
17.03.060 Aquatic 282-6
17.03.070 Shoreline Use and Modification Matrix 2927
17.03.080 Development Standards 3544
17.03.090 Official Shoreline Maps and Unmapped or Undesignated Shorelines 3644
17.03.100 Pre -Designation 3634
Chapter 17.05 General Regulations 3744
17.05.010 Archaeological and Historic Resources 3744
17.05.020 Environmental Protection 3744
17.05.030 Shoreline Vegetation Conservation 3946
17.05.040 Water Quality, Stormwater, and Nonpoint Pollution 4048
17.05.050 Public Access 4149
17.05.060 Flood Hazard Reduction 4344
Chapter 17.07 Use -Specific and Modification Regulations 474
17.07.010 Agriculture 474
17.07.020 Aquaculture 4844
17.07.030 Boating and Private Moorage Facilities 4846
17.07.040 Commercial and Service Development 494-7
17.07.050 Dredging and Dredge Material Disposal 5048
17.07.060 Fill 5249
17.07.070 Industry 5344
17.07.080 In -Water Structures 5451
17.07.090 Mining 5552
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
17.07.100 Recreational Development 565
17.07.110 Residential Development 56-54
17.07.120 Shoreline Habitat and Natural Systems Enhancement Projects 5754
17.07.130 Shoreline Stabilization 5854
17.07.140 Signs 60-57
17.07.150 Transportation and Parking 605.8
17.07.160 Utilities 6143
17.07.170 Redevelopment, Repair, and Maintenance 6364
Chapter 17.09 Critical Areas In Shoreline Jurisdiction 66
17.09.010 General Provisions 66
17.09.020 Flood Hazard Areas 7947
17.09.030 Fish and Wildlife Habitat and the Stream Corridor System 8885
17.09.040 Wetlands 984-6
17.09.050 Geologically Hazardous Areas 103101
17.09.060 Critical Aquifer Recharge Areas 107105
Chapter 17.11 Existing Uses, Structures and Lots 112110
17.11.010 Nonconforming Uses 112110
17.11.020 Nonconforming Structures 113111
17.11.030 Nonconforming Lots 113111
17.11.040 Pre-existing Legal Uses — Conforming Residential Structures 113444
17.11.050 Additional Requirements for Certain Uses 114112
Chapter 17.13 Administration and Enforcement 114112
17.13.010 Roles and Responsibilities 114312
17.13.020 Interpretation 115113
17.13.030 Statutory Noticing Requirements 115113
17.13.040 Application Requirements 116111
17.13.050 Exemptions from Shoreline Substantial Development Permits 117345
17.13.060 Shoreline Substantial Development Permits 117115
17.13.070 Shoreline Conditional Use Permits 117115
17.13.080 Shoreline Variance Permits 118346
17.13.090 Duration of Permits 119117
17.13.100 Initiation of Development 121444
17.13.110 Review Process 121449
17.13.120 Appeals 121119
17.13.130 Amendments to Permits 122120
17.13.140 SMP Amendments 123121
17.13.150 Enforcement 124322
17.13.160 Monitoring 124122
Appendix B: Designated Type 2 Stream Corridors B-1
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
LIST OF TABLES
Table 03.070-1. Shoreline Use and Modification Matrix 2924
Table 09.030-1. Standard Stream Buffers. 9694
Table 09.040-1. Standard Wetland Buffers 10144
Table 09.040-2. Required measures to minimize impacts to wetlands 10144
TITLE 17 - SHORELINE MASTER PROGRAM REGULATIONS
CHAPTER 17.01 PURPOSE AND GENERAL PROVISIONS
17.01.010 Authority
A. Title 17 of the Yakima Municipal Code is established pursuant to RCW Chapter 90.58 (Shoreline
Management Act), WAC 173-26 (State master program approval/amendment procedures and
master program guidelines), and WAC 173-27 (Shoreline management permit and enforcement
procedures). This title shall be known as the "Shoreline Master Program Regulations."
B. The Shoreline Master Program Regulations shall, for the purposes of 36.70A.480 (G MA and
Shorelines of the State), be considered a set of use regulations applying only to shoreline areas as
specified in RCW 90.58 (SMA) and WAC 173-26 (State master program approval/amendment
procedures and master program guidelines). These regulations are intended to be substantive legal
rules and procedures used to implement the goals and policies of the Master Program (these
goals ad policies are contained in the City of Yakima Comprehensive Plan, Chapter 10, Section 3 —
General Shoreline Planning Sub -element). These regulations shall be applied and interpreted in a
manner consistent with the remainder of the Master Program or the Act.
17.01.020 Applicability
A. The provisions of this title shall apply to any new development, construction or use within the
incorporated portion of the City of Yakima. However, this title does not apply to the situations
below:
1. Interior building improvements that do not change the use or occupancy are not subject to
this title;
2. Exterior structure maintenance activities, including painting and roofing, as long as such
activities do not expand the existing footprint of the structure or impervious area;
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn
mowing, pruning and weeding;
4. Maintenance of the following existing facilities that do not expand the affected area: septic
tanks (routine cleaning), wells, and individual utility service connections;
5. Changing agricultural crops within an existing farming operation is not considered new
development, construction or use. SMP regulations do apply to the following: 1) new
agricultural activities on land not meeting the definition of agricultural land, 2) conversion of
agricultural lands to other uses, and 3) other development on agricultural land that does not
meet the definition of agricultural activities (e.g. processing plants); and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
6. Minor, temporary or transient activities, including those of a recreational nature, that do not
alter the environment or require a dedicated staging area, use area, or route are not subject
to this title, and including temporary signs (election, sale, rent, etc.).
B. The following subsections guide the determination of applicability of SMP regulations on federal
lands:
1. Federal development on federally owned land is not subject to this SMP nor required to
obtain a Shoreline permit unless otherwise required by federal law, or unless the state by
statute has ceded all regulatory authority over the federal ownership;
2. Federal development on a federally owned lease is not subject to this SMP nor required to
obtain a Shoreline permit unless otherwise required by federal law, or unless the state by
statute has ceded all regulatory authority over the federal ownership as long as the
development is consistent with the purpose of the lease;
3. Development on federally owned land under a federal lease or easement for a non-federal
activity is subject to this SMP and must obtain a Shoreline permit; for example, the SMP
applies to private activities on federal land such as leases where the private citizen owns the
structure but the federal government owns the land;
4. Non-federal development or use on federally owned land is subject to this SMP and must
obtain a Shoreline permit; and
5. Development on non-federal land is subject to this SMP and must obtain a Shoreline permit,
even if it is leased, rented, etc. to the federal government, or it is within the boundaries of
federal ownership unless the state by statute has ceded all regulatory authority over the
federal ownership.
C. Unless specifically exempted by statute, all proposed uses and development occurring within
shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline Management Act and this
Master Program whether or not a permit is required.
17.01.030 Findings
A. The Yakima River Greenway consists of extensive trails along the Yakima River and Naches River
providing regional shoreline public access that draws significant numbers of persons.
B. All jurisdictional lakes, or pre -designated lakes associated with mining, are manmade, highly altered,
and separated by levees and highways from the river courses.
C. Willow Lake and Lake Aspen are owned by homeowners associations, and Lake Aspen's residential
community is governed by covenants, conditions, and restrictions.
D. There is relatively limited development potential on lands in the city limits due to the historic urban
developed character, and limited development potential in the city and UGA where there are
channel migration zones, floodways, and concentrations of critical areas.
E. There are several essential public facilities in shoreline jurisdiction such as highways of statewide
significance and the City's wastewater treatment plant. Another significant public use includes a
state park providing active and passive recreation.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
F. The CMZ and floodway areas are largely in public ownership and are managed for flood hazard
protection, water processes, and habitat value.
G. SMP environments and regulations recognize the current and future preferred uses, altered and
natural character, and shoreline ecological functions.
H. The current shoreline conditions, anticipated development, and proposed SMP use and
environmental regulations are demonstrated in the CIA Addendum to result in no -net -loss of
shoreline ecological function.
17.01.040 Purpose
The purpose of YMC Title 17 is to establish a single, uniform system of procedures and standards to be
applied to development within Shoreline jurisdiction of the City of Yakima. The SMP regulations are
intended to carry out the responsibilities imposed on the City of Yakima by the Shoreline Management
Act (RCW 90.58) and its Administrative Rules (WAC 173-18, WAC 173-20, WAC 173-22, WAC 173-26 and
WAC 173-27) insofar as regulations can, and the adoption of these regulations does not remove other
responsibilities imposed by the Act. The purposes of the Shoreline Master Program Regulations are to:
A. Promote reasonable and appropriate use of the shorelines that will protect the public and
private interest;
B. Protect against adverse effects to the public health, the land, its vegetation and wildlife and the
waters and their aquatic life within the City of Yakima;
C. Protect public rights of navigation;
D. Recognize and protect private property rights consistent with public interest;
E. Promote a high quality of environment along the shorelines;
F. Preserve and protect fragile natural resources and culturally significant features;
G. Increase public access to publicly owned areas of the shorelines where increased use levels are
desirable;
H. Protect public and private properties from adverse effects of improper development in hazardous
shorelines areas;
I. Recognize and protect the statewide interest;
J. Give preference to uses that result in long-term over short-term benefits; and
K. Provide for no net loss of ecological functions cumulatively from both individual permitted
development and individual exempt development.
L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
17.01.050 Relationship to Other Codes, Ordinances and Plans
A. All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. At
the time of application or initial inquiry, the Shoreline Administrator shall inform the
applicant/proponent of other local laws and rules that may be applicable to the project. The
responsibility for determining applicable federal, state or special district statutes and regulations
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
and complying with the same rests with the applicant/proponent or responsible person carrying out
the activity, use, or development in question.
B. This SMP includes critical areas regulations applicable only in the shoreline jurisdiction, and shall
control within shoreline jurisdiction over other City critical area regulations adopted pursuant to the
Growth Management Act.
C. Other rules and regulations, including but not limited to the City of Yakima development regulations
addressing subdivision, zoning, building and construction shall remain in full force and effect as they
apply to a designated Shoreline.
D. Wherever the requirements of this Title 17 conflict with the requirements of City rules or
regulations, the most restrictive standards shall govern.
17.01.060 Liberal Construction
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and
this SMP shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and
policies for which they were enacted.
17.01.070 Severability
If any provision of the ordinance codified in this title, or its application to any person or legal entity or
circumstances is held to be invalid, the remainder of said ordinance or the application of the provision to
other persons or legal entities or circumstances shall not be affected.
17.01.080 Effective Date
This SMP and all amendments thereto shall become effective 14 days from the date of the Washington
Department of Ecology's written notice of final approval.
17.01.090 Definitions
Whenever the words and terms set forth in this section appear in this title, they shall be given the
meaning attributed to them by this section. Definitions established by RCW 90.58.030 and WAC 173
have been incorporated herein and should these definitions in the RCW or WAC be amended, the most
current RCW or WAC definition shall apply. Except where specifically defined in this section, the RCW or
the WAC, all words used in this Shoreline Master Program shall carry their customary meanings.
When not inconsistent with the context, words used in the present tense include the future; the singular
includes the plural; and the plural, the singular.
"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered
abutting even though the area of contact may be only a point.
"Accessory" means any use or development incidental to and subordinate to a primary use of a
shoreline use or development. See also Appurtenance, Residential.
"Act" means the Washington State Shoreline Management Act, chapter 90.58 RCW.
"Adjacent" means to be nearby and not necessarily abutting.
"Shoreline Administrator" means the duly appointed City of Yakima Director of Community
Development, whichever is appropriate, or their designee.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Adoption by rule" means an official action by the Department of Ecology to make a local government
shoreline master program effective through rule consistent with the requirements of the Administrative
Procedure Act, chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or
amendment into the state master program.
"Advanced mitigation" is a form of permittee -responsible mitigation constructed in advance of a
permitted impact. An advance mitigation site needs to be planned, designed, and constructed before a
project can use any mitigation credit. Advance mitigation can be proposed by any applicant, but the
advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can
only be used by that same applicant.
"Agricultural activities" means agricultural uses and practices including, but not limited to: Producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land
used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded;
allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation easement;
conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no
closer to the shoreline than the original facility; and maintaining agricultural lands under production or
cultivation.
"Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable,
fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for
livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock including both the animals themselves and
animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy
products.
"Agricultural equipment" and "agricultural facilities" includes, but is not limited to:
A. The following used in agricultural operations: Equipment; machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes,
canals, ditches, and drains;
B. corridors and facilities for transporting personnel, livestock, and equipment to, from, and within
agricultural lands;
C. farm residences and associated equipment, lands, and facilities; and
D. roadside stands and on-farm markets for marketing fruit or vegetables.
"Agricultural land" means those specific land areas on which agriculture activities are conducted as
of the date of adoption of a local master program as evidenced by aerial photography or other
documentation. After the effective date of the master program, land converted to agricultural use is
subject to compliance with the requirements of the master program.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a
segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or
broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a
constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly
outward with gradually decreasing gradient.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline
master program.
"Applicant" means a person, party, firm, corporation, or other legal entity that proposes a
development, construction or use on a site.
"Approval" means an official action by a local government legislative body agreeing to submit a
proposed shoreline master program or amendments to the Department of Ecology for review and
official action pursuant to this chapter; or an official action by the Department of Ecology to make a
local government shoreline master program effective, thereby incorporating the approved shoreline
master program or amendment into the state master program.
Appurtenance, residential" is necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the ordinary high water mark and the perimeter of a wetland.
Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank
and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not
involve placement of fill in any wetland or waterward of the ordinary high water mark.
"Aquaculture" means the culture and/or farming of fish, shellfish, or other aquatic plants and animals.
When dependent on the use of the water area and when consistent with control of pollution and
prevention of damage to the environment, aquaculture is a preferred use of the water area.
Commercial aquaculture is conducted to produce products for market with the objective of earning a
profit. Non-commercial aquaculture is conducted for the benefit of native fish recovery, education and
interpretation, or other public benefit or use.
"Aquifer" means a saturated geologic formation which will yield a sufficient quantity of water to serve as
a private or public water supply.
"Bank" means the land surface above the ordinary high water mark that abuts a body of water and
contains it to the bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed and the estimated water
surface elevation required to completely fill the channel to a point above which water would enter
the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull
depth is the average depth of all channels along the cross-section.
"Barb" is a structure used primarily in streams. It is a low relief projection from a bank, angled
upstream, to redirect flow away from the bank towards the center of the channel. As opposed to groins
or jetties, barbs are not barrier types of structures; they function by re -directing flows that pass over the
top of the structure.
"Base Flood" for purposes of administering Section 17.09.020 means the flood having a 1 -percent
chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2)
"Base flood elevation" for purposes of administering Section 17.09.020 means the elevation of the
base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North
American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
(Ref. IBC 1612.2)
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Basement" for purposes of administering Section 17.09.020 means any area of the building having
its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2)
"Bed" means the land below the ordinary high water lines of state waters. This definition shall not
include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except
where they exist in a natural watercourse that has been altered by man.
"Bedrock" means in-place solid rock.
"Berm" means a mound of earth material used as a protective barrier or to control the direction of water
flow.
"Best Management Practices" or "BMPs" means schedules of activities, practices, maintenance
procedures, and structural and/or managerial practices that, when used singly or in a combination
prevent or reduce adverse impacts to the environment.
"Bioengineering" means project designs or construction methods which use live woody vegetation or a
combination of live woody vegetation and specially developed natural or synthetic materials to
establish a complex root grid within the existing bank which is resistant to erosion, provides bank
stability, and maintains a healthy riparian environment with habitat features important to aquatic and
terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use
of armored toes and wood structural elements.
"Boating facilities" means developments and uses that support access to shoreline waters for purposes
of boating, including marinas, community docks serving more than four single-family residences or
multi -family units, public piers, and community or public boat launch facilities. Docks serving four of
fewer single-family residences are not boating facilities.
"Breakwater" means a fixed or floating off -shore structure that protects the shore from wave
action or currents.
"Buffer averaging" means the regulatory alteration of the dimensions of a buffer that allows for
increases and decreases in the buffer in discrete areas provided that the net area of buffer remains the
same.
"Building Official" means the manager of the Offices of Code Administration or designee.
"Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore
consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
"Channel" means an open conduit, either naturally or artificially created, which periodically or
continuously contains moving water, or which forms a connecting link between two bodies of water.
"Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be
reasonably predicted to migrate over time as a result of natural and normally occurring hydrological
and related processes when considered with the characteristics of the river and its surroundings.
"Classification" means the definition of value and hazard categories to which critical areas and natural
resource lands will be assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a
site.
"Compaction" means compressing soil through some mechanical means to make it denser.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Comprehensive master program update" means a master program that fully achieves the procedural
and substantive requirements of the Department of Ecology's Shoreline Master Program Guidelines
effective January 17, 2004, as now or hereafter amended.
"Conditional use" means a use, development, or substantial development which is classified as a
conditional use or is not classified within the applicable master program.
"Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or
holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition
includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg
production facilities and fur farms, but does not include animal husbandry.
"Construction" means the assembly, placement, or installation of structures, roadways, transmission
lines, and other improvements within a project site.
"Critical Aquifer Recharge Area" means an area with a critical recharging effect on aquifers used for
potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the
potability of the water.
"Critical areas" as defined under chapter 36.70A RCW includes the following areas and ecosystems:
A. Wetlands;
B. Areas with a critical recharging effect on aquifers used for potable waters;
C. Fish and wildlife habitat conservation areas;
D. Frequently flooded areas; and
E. Geologically hazardous areas.
"Designated" means formal legislative action to identify and describe a critical area.
"Department" means the City of Yakima Community Development Department.
"Development" means a use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing
of obstructions; or any project of a permanent or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands subject to the act at any stage of water level. See
also Substantial Development. Development does not include the following activities:
A. Interior building improvements that do not change the use or occupancy;
B. Exterior structure maintenance activities, including painting and roofing as long as it does not
expand the existing footprint of the structure;
C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing,
pruning and weeding; and
D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks
(routine cleaning); wells; and individual utility service connections.
"Development regulations" means the controls placed on development or land uses by a county or city,
including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline
master program other than goals and policies approved or adopted under chapter 90.58 RCW, planned
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
unit development ordinances, subdivision ordinances, and binding site plan ordinances together with
any amendments thereto.
"Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also
referred to as a levee.
"Dock" means a structure built over or floating upon the water and used as a landing place for boats
and other marine transport, fishing, swimming, and other recreational uses.
"Document of record" means the most current shoreline master program officially approved or adopted
by rule by the department for a given local government jurisdiction, including any changes resulting
from appeals filed pursuant to RCW 90.58.190.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of flood
control; navigation; utility installation (excluding on-site utility features serving a primary use, which are
"accessory utilities" and shall be considered a part of the primary use); the construction or modification
of essential public facilities and regional transportation facilities; restoration (of which the primary
restoration element is sediment/soil removal rather than being incidental to the primary restoration
purpose); and/or obtaining minerals, construction aggregate, or landfill materials. This definition does
not include excavation for mining within a pond created by a mining operation approved under this
title or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines,
or Critical Areas permits were required for such operations. Dredging, as regulated in this SMP under
Section 17.07.0560, is not intended to cover other excavations waterward of the ordinary high water
mark that are incidental to construction of an otherwise authorized use or modification (e.g., bulkhead
replacements, large woody debris installations, boat launch ramp installation, pile placement).
"Earth material" means any rock, natural soil, or combination thereof.
"Ecological functions" or "shoreline functions" means the work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic and
terrestrial environments that constitute the shoreline's natural ecosystem.
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated ecological
functions.
"Enhance" means to strengthen any of the basic functional properties listed in Chapter 17.09 that exist
but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best
performance of each function achievable for a specific segment of stream or lake corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater
association, usually less than 30 days per year. The lack of any groundwater association results in a
lack of a distinctive riparian vegetation compared to the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water,
or ice.
"Events and Temporary Uses" means a social or community occasion or activity lasting for a limited
time. Events and Temporary Uses within permitted facilities or legally non -conforming facilities that are
designed for such uses are not included in this definition, as long as they do not materially interfere
with the normal public use of the water or shorelines of the state.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Excavation" means the mechanical removal of earth material.
"Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9),
90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a Shoreline Substantial
Development Permit, but which must otherwise comply with applicable provisions of the Act and the
local master program.
"Fair market value" of a development is the open market bid price for conducting the work, using the
equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead and profit. The fair market value of the development shall
include the fair market value of any donated, contributed or found labor, equipment or materials.
"Feasible" means that an action, such as a development project, mitigation, or preservation
requirement, meets all of the following conditions:
A. The action can be accomplished with technologies and methods that have been used in the past in
similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project's primary intended legal use.
In cases where these Guidelines require certain actions unless they are infeasible, the burden of proving
infeasibility is on the applicant. In determining an action's infeasibility, the City may weigh the action's
relative public costs and public benefits, considered in the short- and long-term time frames.
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the
elevation or creates dry land. The physical structure of a shore stabilization structure shall not be
considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation
for irrigation diversions or restoration shall not be considered fill.
"Flood" means a general and temporary condition of partial or complete inundation of normally dry
land areas from the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood hazard permit" means written approval applied for and obtained in accordance with such rules
and regulations as are established under this title.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" means the official report provided by the Federal Emergency Management
Agency that includes flood profiles, the flood boundary-floodway map, and the water surface
elevation of the base flood.
"Floodplain" is synonymous with the one hundred -year floodplain and means that land area susceptible
to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of
this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the
objectives of the act.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Flood -prone" means a land area for which a floodway and floodplain has not been determined with
respect to any specific flood frequency, but for which the potential for flooding can be identified by
information observable in the field such as soils or geological evidence, or by materials such as flood
studies, topographic surveys, photographic evidence or other data.
"Flood -proofing" for purposes of administeringYMC Title 17 means any combination of structural and
nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood
damages to lands, water and sanitary facilities, structures and contents of buildings.
"Floodway" means the area, as identified in a master program, that either:
A. Has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or
floodway maps; or
B. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse
upon which flood waters are carried during periods of flooding that occur with reasonable
regularity, although not necessarily annually, said floodway being identified, under normal
condition, by changes in surface soil conditions or changes in types or quality of vegetative ground
cover condition, topography, or other indicators of flooding that occurs with reasonable regularity,
although not necessarily annually.
Regardless of the method used to identify the floodway, the floodway shall not include those lands that
can reasonably be expected to be protected from flood waters by flood control devices maintained by or
maintained under license from the federal government, the state, or a political subdivision of the state.
"Floodway fringe" for purposes of administering YMC Title 17 means that portion of a floodplain
which is inundated by floodwaters, but is not within a defined floodway. Floodway fringes serve as
temporary storage for floodwaters.
"Forest land" means land primarily devoted to forest practices activities.
"Forest practices" means activities conducted under federal forest practices approval or under a Forest
Practices permit reviewed and approved by the Washington Department of Natural Resources
pertaining to the management of forest land, including growing, managing, harvesting, and interim
storage of merchantable timber for commercial value, as well as incidental activities reviewed under
federal or state approval, such as road construction and maintenance (including bridges) and mining
activities.
"Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a
qualified expert that includes a description of the ground and surface hydrology and geology, the
affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or
processes, conclusions and recommendations regarding the effect of the proposed development on
geologic conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to mitigate potential
site-specific and cumulative geological and hydrological impacts of the proposed development, including
the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall
conform to accepted technical standards and must be prepared by qualified professional engineers or
geologists who have professional expertise about the regional and local shoreline geology and
processes.
"Grade" means the vertical location of the ground surface. "Natural grade" is the grade as it exists
or may have existed in its original undisturbed condition. "Existing grade" is the current grade in either
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
its undisturbed, natural condition or as disturbed by some previous modification. "Rough grade" is a
stage where grade conforms approximately to an approved plan. "Finish grade" is the final grade of
the site which conforms to an approved plan. "Average grade level" is the average of the natural or
existing topography of the portion of the lot, parcel, or tract of real property which will be directly under
the proposed building or structure. In the case of structures to be built over water, average grade level
shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be
made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building
or structure.
"Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land
"Groin" means a barrier type of structure that extends from the stream bank into a waterbody for the
purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or
deposition of materials. Groins may serve a variety of functions, including bank protection, pool
formation, and increased roughness, and may include rock structures, debris jams, or pilings that collect
wood debris. See also Barb and Weir.
"Groundwater" means water that occurs beneath the land surface, also called subsurface water or
subterranean water. Groundwater includes water in the zone of saturation of a water -bearing
formation.
"Guidelines" means those standards adopted by the Department of Ecology into the Washington
Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the
shorelines of the state prior to adoption of master programs. Such standards also provide criteria for
local governments and the Department of Ecology in developing and amending master programs.
"Hard structural shoreline stabilization" means shoreline erosion control practices using hardened
structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline
stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear,
vertical or near -vertical faces. These include bulkheads, rip -rap, and similar structures.
"Hazardous materials" means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in
usable or waste condition; any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous
waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health
hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials
are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at
ambient temperatures, including any waste oils or sludge.
"Height" is measured from average grade level to the highest point of a structure: Provided, that
television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except
where such appurtenances obstruct the view of the shoreline of a substantial number of residences on
areas adjoining such shorelines, or the SMP specifically requires that such appurtenances be included:
Provided further, that temporary construction equipment is excluded in this calculation.
"Hydraulic dredging" is a minimally invasive dredging technique that utilizes suction to vacuum up
sediments and other lake or riverbed material.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Hydrologically Related Critical Areas (HRCA)" include all those areas identified in YMC 17.09.030.0
within the City of Yakima which are important and deserving of protection by nature of their value for
the functional properties found in YMC 17.09.030.E.
"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with
channel water and water movement is mainly in the downstream direction.
"Intermittent stream" means a stream which flows only during certain times of the year, with inputs
from precipitation and groundwater, but usually more than 30 days per year. The groundwater
association generally produces an identifiable riparian area. This definition does not include streams
that are intermittent because of irrigation diversion or other manmade diversions of the water.
"In -water structures" are structures placed by humans within a stream, river or lake waterward of the
OHWM that either causes or has the potential to cause water impoundment or the diversion,
obstruction, or modification of water flow. In -water structures may include those for hydroelectric
generation, irrigation, water supply, flood control, transportation, utility service transmission, fish
habitat enhancement, recreation, or other purpose. Barbs, jetties, groins and weirs are all examples of
in -water structures.
"Lake or pond" means an inland body of standing water.
"Limited master program amendment" means a master program amendment that addresses specific
procedural and/or substantive topics and which is not intended to meet the complete requirements of a
comprehensive master program update.
"Lowest floor" for purposes of administering YMC 17.09.020 means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement area, is not considered a
building's lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this title.
"Maintenance, Normal" means those usual acts to prevent a decline, lapse, or cessation from a legally
established condition. See Repair, Normal.
"Manufactured home" means a structure fabricated on a permanent chassis that is transportable in
one or more sections; is designed to be used with or without a permanent foundation when connected
to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and
is intended for human occupancy or is being used for residential purposes.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale pursuant to YMC Title 15.
"Manufactured home park or subdivision, existing" means a manufactured home park or subdivision
that was completed before December 15, 1981, the effective date of the floodplain management
regulations.
"May" means the action is acceptable, provided it conforms to the provisions of this chapter.
"Minerals" means gravel, sand and metallic and non-metallic substances of commercial value.
"Mining" means the removal of naturally occurring minerals and materials from the earth for
commercial value. Mining includes processing and batching. Mining does not include large
excavations for structures, foundations, parking areas, etc.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Must" means a mandate; the action is required.
"Native" means indigenous to or originating naturally within Yakima County.
"Natural conditions" means those conditions which arise from or are found in nature and not
modified by human intervention; not to include artificial or manufactured conditions.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real property
immediately prior to any site preparation or grading, including excavation or filling.
"New construction," for purposes of administering YMC 17.09.020, means the start of construction after
construction plans were submitted to the City and the building division reviewed and approved the
construction plans to create a structure.
"Nonconforming structure" for purposes of administering YMC 17.09.020 means a structure which was
lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or
amendment to conform to the present requirements of the zoning district in which it is located. In
addition, the structure may not be permitted as a new structure under the terms of this chapter because
the structure may not be in conformance with the applicable elevation and/or floodproofing
requirements.
"Nonconforming use" for purposes of administering YMC 17.09.020 means a use of land or structure
which was lawfully established and maintained prior to the adoption or amendment of this chapter, but
does not conform to this chapter for the zoning district in which it is located. In addition, the use may
not be permitted as a new use under the terms of this chapter because the use may not be in
conformance with the applicable elevation and/or floodproofing requirements.
"Nonwater-oriented uses" means those uses that are not water -dependent, water -related, or water -
enjoyment.
"Ordinary High Water Mark" (OHWM) means that mark on lakes and streams which will be found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland.
"Perennial stream" means a stream that flows year round in normal water years. Groundwater is a
source of much of the water in the channel.
"Permit" means any substantial development, variance, conditional use permit, or revision authorized
under chapter 90.58 RCW.
"Priority habitat" means a habitat type with unique or significant value to one or more species. An area
classified and mapped as priority habitat must have one or more of the following attributes:
Comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish
spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or
wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability
to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described
by a unique vegetation type or by a dominant plant species that is of primary importance to fish and
wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat
may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and
wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Priority species" means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet any
of the criteria listed below:
A. State -listed or state proposed species. State -listed species are those native fish and wildlife species
legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive
(WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed
by the Department of Fish and Wildlife (POL-M- 6001) for possible listing as endangered,
threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
B. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals
susceptible to significant population declines, within a specific area or statewide, by virtue of their
inclination to congregate.
C. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish,
and wildlife species of recreational or commercial importance and recognized species used for tribal
ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
D. Species listed under the federal Endangered Species Act as either proposed, threatened, or
endangered.
"Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all
phases of the total project proposal.
"Provisions" means policies, regulations, standards, guideline criteria or environment designations.
"Public access" means the ability of the general public to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline from adjacent locations.
"Public interest" means the interest shared by the citizens of the state or community at large in the
affairs of government, or some interest by which their rights or liabilities are affected including, but not
limited to, an effect on public property or on health, safety, or general welfare resulting from a use or
development.
"Public Trust Doctrine" is a legal principle derived from English Common Law. The essence of the
doctrine is that the waters of the state are a public resource owned by and available to all citizens
equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and
that this trust is not invalidated by private ownership of the underlying land. The Public Trust Doctrine
does not allow the public to trespass over privately owned uplands to access the water. It does,
however, protect public use of navigable water bodies below the ordinary high water mark.
"Qualified Professional" shall meet the following criteria:
A. A qualified professional for wetlands must have a bachelors degree or higher in biology, ecology, soil
science, botany, or a closely related field, and a minimum of five years of professional experience in
wetland identification and assessment in the Pacific Northwest.
B. A qualified professional for stream corridors must have a bachelors degree or higher in wildlife
biology, ecology, fisheries, or closely related field, and a minimum of five years professional
experience related to the subject species/habitat type.
C. A qualified professional for geologically hazardous areas and preparation of geo-technical reports
must be a professional engineering geologist or civil engineer, licensed in the state of Washington.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or
environmental engineer licensed in the state of Washington.
E. A qualified professional for channel migration zone reports must be a professional engineering
geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five
years of professional experience in geomorphology.
F. A qualified professional for flood studies must be a professional engineering geologist or civil
engineer licensed in the state of Washington.
G. A qualified professional for economic studies must have a bachelors degree or higher in economics
or business administration with 5 years of professional experience. The five year standard shall be
waived for professionals with a PhD degree.
H. A qualified professional for habitat assessments and habitat management plans must have a
bachelors degree or higher in biology and professional experience related to the subject species or
habitat.
I. Or other person/persons with experience, training, expertise and related work experience
appropriate for the relevant critical area subjects determined acceptable to the Shoreline
Administrator.
"Recreational development" means public or commercial activities or facilities that allow for the
refreshment of mind and body. Examples include, but are not limited to, parks, viewpoints, trails, public
access facilities, and other low -intensity use outdoor recreation areas. Recreational uses that do not
require a shoreline location, nor are related to the water, nor provide significant public access, are
considered nonwater-oriented. For example, a recreation use solely offering indoor activities would be
considered nonwater-oriented.
"Recreation, High -Intensity" means use areas with major structures and improvements, such as an
urban park with extensive paved surfaces or substantially altered vegetation. RV park/camping with
units remaining year-round is included in this category.
"Recreation, Low -Intensity" means unimproved use areas, such as hiking or nature trails, primitive
camping areas, swimming beaches, etc. An unimproved personal camping and recreation site is
included in this category.
"Recreation, Moderate -Intensity" means use areas with minor structures and improvements, such as
camp grounds, picnic facilities, paved trails, swimming beaches, fishing sites, or nature/history
interpretive centers. RV park/camping with units not remaining year-round is included in this category.
"Recreation vehicle" means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Repair, Normal" means to restore a development or structure to a state comparable to its original,
legally established condition, including but not limited to its size, shape, configuration, location and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
external appearance, within a reasonable period after decay or partial destruction, except where repair
causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or
development may be authorized as repair where such replacement is the common method of repair for
the type of structure or development and the replacement structure or development is comparable to
the original structure or development including but not limited to its size, shape, configuration, location
and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment. See also Maintenance, Normal.
"Residential development" means construction or alteration, earth modification, subdivision and use of
land primarily for human residence; including, but not limited to, single-family residences and
multifamily dwellings, accessory uses, and structures normally associated with residential uses and
structures. Residential development includes land divisions, including short plats, of residentially zoned
land. It also includes all modifications to land and vegetation associated with construction, preparation,
or maintenance of residential structures or accessory structures.
"Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired
ecological shoreline processes or functions, such as those listed in YMC 17.09.030.E that have been lost
or destroyed through natural events or human activity. This may be accomplished through measures
including, but not limited to, re -vegetation, removal of intrusive structures and removal or treatment of
toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre -
European settlement conditions.
"Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore
structure against erosion by wave action or currents.
"Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other
freshwater bodies and that depends on these water sources for soil moisture greater than would
otherwise be available from local precipitation.
"Riprap" means a layer, facing, or protective mound of stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.
"Scour" means the removal of underwater material by waves and currents, especially at the base or toe
of a shore stabilization structure.
"Shall" means a mandate; the action must be done
"Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all
directions as measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river
deltas associated with the streams and lakes which are subject to the provisions of this chapter; the
same to be designated as to location by the Department of Ecology.
"Shorelines" means all of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them; except (1) shorelines of statewide significance;
(11) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic
feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines
on lakes less than twenty acres in size and wetlands associated with such small lakes.
"Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as
defined in RCW 90 58 030.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Shorelines of statewide significance" means the following shorelines of the state:
A. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one
thousand acres or more measured at the ordinary high water mark;
B. Those natural rivers or segments east of the crest of the Cascade range downstream of a point
where the annual flow is measured at two hundred cubic feet per second or more, or those portions
of rivers east of the crest of the Cascade range downstream from the first three hundred square
miles of drainage area, whichever is longer; and
C. Those shorelands associated with A and B, above.
"Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance"
within the state.; "
or qualities of the shoreline area, usually through the construction of a physical clement such as a dikc,
breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other
actions, such as clearing, grading, or application of chemicals.
"Shoreline environment designations" are a classification of shorelines established by local shoreline
master programs in order to provide a uniform basis for applying policies and use regulations within
distinctively different shoreline areas.
"Shorelines Hearings Board" means a six member quasi-judicial body, created by the SMA, which hears
appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals
by the City on Department of Ecology approval of master programs, rules, regulations, guidelines or
designations under the SMA.
"Shoreline modifications" means those actions that modify the physical configuration or qualities of the
shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier,
weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as
clearing, grading, or application of chemicals.
"Shoreline stabilization" means structural or non-structural modifications to the existing shoreline
intended to address erosion impacts to property and dwellings, businesses, or structures caused by
natural processes, such as current, flood, wind, or wave action. They are generally located parallel to the
shoreline at or near the OHWM.
"Should" means that the particular action is required unless there is a demonstrated, compelling reason,
based on policy of the Shoreline Management Act and this chapter, against taking the action.
"Significant" means a reasonable likelihood of more than a moderate adverse impact on environmental
quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable
test. The context may vary with the physical setting. Intensity depends on the magnitude and duration
of an impact. The severity of an impact should be weighed along with the likelihood of its occurrence.
An impact may be significant if its chance of occurrence is not great, but the resulting environmental
impact would be severe if it occurred.
"Significant ecological impact" means an effect or consequence of an action if any of the following
apply:
A. The action measurably or noticeably reduces or harms an ecological function or ecosystem -wide
process.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Scientific evidence or objective analysis indicates the action could cause measurable or noticeable
reduction or harm to those ecological functions or ecosystem -wide processes under foreseeable
conditions.
C. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or
harm to ecological functions or ecosystem -wide processes as part of cumulative impacts, due to
similar actions that are occurring or are likely to occur. Any project may have one or more
significant ecological impacts, which can be either short-term or long-term. Projects with short-
term significant ecological impacts may still be considered beneficial if the project improved
ecological function over the long term, either due to mitigation or because of short-term impacts
may be construction -related only.
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover
by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological
impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not
constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not
affect ecological functions, does not constitute significant vegetation removal.
"Single Improved Recreational Vehicle Site" means a site on which a recreational vehicle may be parked
with minimal services (such as electricity, well and septic system), without a garage or carport, and
without large accessory buildings (small detached storage sheds or accessory structures totaling 120
square feet or less may be allowed). Recreational vehicle sites not meeting these criteria are
considered single family residences.
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
"Soft structural shoreline stabilization" means shoreline erosion control and restoration practices that
contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural
shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation
placed to provide shore stability in a non-linear, generally sloping arrangement. Linear, vertical faces
are an indicator of Hard Structural Shoreline Stabilization (see above definition).
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not
limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction
wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not
include earth, clay, sand or gravel.
"Special flood hazard area" means the land in the floodplain identified by the Federal Emergency
Management Agency that is subject to a one -percent or greater chance of flooding in any given year;
commonly known as the 100 -year floodplain.
"Start of construction," for purposes of administering YMC 17.09.020, means the first placement of
permanent construction of a structure (other than a manufactured home) on a site, such as the
pouring of slabs or footings or any work beyond the stage of excavation. "Permanent construction"
does not include land preparation, such as clearing, grading and filling, nor does it include the
installation of streets or walkways; nor does it include excavation for a basement, footings, piers or
foundations, or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garage, or sheds not occupied as dwelling units or not as part of the main
structure. For a structure (other than a manufactured home) without a basement or poured footings,
21
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
the "start of construction" includes the first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For manufactured homes not within a manufactured home
park, "start of construction" means the affixing of the manufactured home to its permanent site. For
manufactured homes within manufactured home parks, "start of construction" is the date on which
the construction of facilities for servicing the site on which the manufactured home is to be affixed
(including, at a minimum, the construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
"State master program" is the cumulative total of all shoreline master programs and amendments
thereto approved or adopted by rule by Ecology.
"Stream" means water contained within a channel, either perennial, intermittent or ephemeral.
Streams include natural watercourses modified by man, for example, by stream flow manipulation,
channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains,
outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.
"Stream corridor," as used in this title, means those features listed and described in YMC
17.09.030.C.
"Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or
composed of parts joined together in some definite manner, whether installed on, above, or below the
surface of the ground or water, except for vessels
"Substantial development" shall mean any development of which the total cost or fair market value
exceeds five thousand dollars, or any development which materially interferes with the normal public
use of the water or shorelines of the state. The dollar threshold established in this cubscction (3)(c)
definition must be adjusted for inflation by the office of financial management every five years,
beginning July 1, 2007, based upon changes in the consumer price index during that time period.
"Consumer price index" means, for any calendar year, that year's annual average consumer price index,
Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the
bureau of labor and statistics, United States department of labor. The office of financial management
must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the new dollar threshold is to take effect. See
WAC 173-27-040 for a list of developments that are not considered substantial.
"Substantial improvement" for purposes of administering YMC 17.09.020 means any repair,
reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the
assessed value of the structure either:
A. Before the improvement or repair is started; or
B. Before the damage occurred to a structure that has been damaged and is being restored.
For the purposes of this definition, "substantial improvement" occurs when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The total value of all improvements to an individual
structure undertaken subsequent to October 1, 1995, the effective date of this title, shall be used to
define "substantial improvement" for said structure. The term does not, however, include either:
A. Any project for improvement to a structure to comply with existing state or local health, sanitary or
safety code specifications which are solely necessary to assure safe living conditions; or
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Any alteration of a structure listed on the National Register or Historic Places or a state inventory of
historic places.
"Substantially degrade" means to cause significant ecological impact.
"Unreasonable and disproportionate" means that locations outside of the floodway or CMZ would add
more than 20% to the total project cost. Other methods to determine unreasonable and
disproportionate cost may be used on a case-by-case basis with approval of the Shoreline Administrator.
"Use" means the activity to which land or a building is devoted and for which either land or a building is
or may be occupied or maintained.
"Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set
forth in the applicable master program and not a means to vary a use of a shoreline.
"Vegetative buffer or Buffer" means an area extending landward from the ordinary high water mark of
a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to
provide, under optimal conditions, adequate soil conditions and native vegetation for the performance
of the basic functional properties of a stream corridor, wetland and other hydrologically related critical
areas as set forth in YMC 17.09.030.E (Functional Properties) and YMC 17.09.040.D (Wetland Functions
and Rating). It is understood that optimal conditions do not always exist due to degradation of the
vegetative buffer before establishment of this title, or due to colonization by non-native species. Such
conditions still provide functional properties, though at a lower level, depending on the difference from
natural conditions.
"Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for
navigation and do not interfere with the normal public use of the water.
"Water -dependent use" means a use or portion of a use which cannot exist in a location that is not
adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its
operations.
"Water -enjoyment use" means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and
which through location, design, and operation ensures the public's ability to enjoy the physical and
aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open
to the general public and the shoreline -oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline enjoyment.
"Water -oriented use" means a use that is water -dependent, water -related, or water -enjoyment, or a
combination of such uses.
"Water quality" means the physical characteristics of water within shoreline jurisdiction, including water
quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics.
Where used in this chapter, the term "water quantity" refers only to development and uses regulated
under this chapter and affecting water quantity, such as impermeable surfaces and storm water
handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of
ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
"Water -related use" means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic viability is dependent upon a waterfront location because:
23
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
A. The use has a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
B. The use provides a necessary service supportive of the water -dependent uses and the proximity of
the use to its customers makes its services less expensive and/or more convenient.
"Weir" means a structure generally built across a stream channel for the purpose of diverting water or
trapping sediment or other moving objects transported by water.
"Wetland" or "wetlands" means that area inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created
as a result of the construction of a road, street, or highway. However, wetlands may include those
artificial wetlands specifically intentionally created from non -wetland areas to mitigate conversion of
wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild
state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or
invertebrate, at any stage of development. The term "wildlife" does not include feral domestic
mammals or the family Muridae of the order Rodentia (old world rats and mice).
"Wildlife habitat" means areas which, because of climate, soils, vegetation, relationship to water,
location and other physical properties, have been identified as of critical importance to maintenance of
wildlife species.
17.01.100 Shoreline Jurisdiction
Pursuant to the authority of RCW 90.58.030(2)(f) and WAC 173-22-040(2-3), the jurisdictional limits of
the Shoreline Master Program within the City of Yakima for areas that are subject to these regulations,
are listed below. The City of Yakima has developed maps to generally depict the extent of Shoreline
jurisdictional boundaries for all Shorelines within the county. These maps are for informational and
illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not
correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the
criteria listed below, WAC 173-22, and the Act itself. It is understood when the maps and the actual
physical features do not correspond, the physical features will dictate the extent of the jurisdictional
boundaries. It is understood that the actual physical features may change. The physical features will
dictate the extent of the Shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include:
A. The following waterbodies in the City and, upon annexation, in the UGA:
1. Yakima River,
2. Naches River,
3. Cowiche Creek,
4. Willow Lake,
5. Lake Aspen, and
24
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
6. Rotary Lake.
B. Buchanan Lake shall be regulated under this SMP when the Washington Department of Natural
Resources Surface Mine Reclamation Permit lapses or is terminated, or when the City receives a
permit application for new development on or uses of Buchanan Lake. The original Shoreline
Substantial Development and Conditional Use Permit (SH 84-3) issued by Yakima County for
Buchanan Lake still governs.
C. Subject to subsection H below, wherever the "floodway" has been established by a flood insurance
study prepared by the Federal Emergency Management Agency (FEMA), shoreline jurisdiction shall
be the floodway plus 200 feet, measured on a horizontal plane, or the 100 -year floodplain,
whichever is lesser.
D. Subject to subsection H below, whenever the 100 -year floodplain has been identified by a flood
insurance study prepared by the Federal Emergency Management Agency but where no "floodway"
has been identified, shoreline jurisdiction shall be the 100 -year floodplain boundary or 200 feet,
measured in a horizontal plane, from the ordinary high water mark, whichever is greater.
E. Whenever there are no detailed floodplain or floodway studies, shoreline jurisdiction shall be 200
feet, measured on a horizontal plane, from the ordinary high water mark.
F. Where a Channel Migration Zone (CMZ) has been identified, and extends beyond the jurisdiction
established by subsection C above, jurisdiction shall extend to the extent of the CMZ, but not
beyond the limits of subsection D.
G. Those wetlands and river deltas which are in proximity to and either influence or are influenced by
the Shorelines. This influence includes, but is not limited to, one or more of the following: periodic
inundation, location within a floodplain, or hydraulic continuity;
H. Under no circumstances shall shoreline jurisdiction be Tess than 200 feet, measured on a
horizontal plane, from the ordinary high water mark of the Shoreline waterbody, except that those
portions of Buchanan Lake within 200 feet of the Yakima River are excluded from shoreline
jurisdiction until Buchanan Lake is regulated as a shoreline waterbody.
CHAPTER 17.03 SHORELINE ENVIRONMENT DESIGNATIONS
This SMP is intended to meet the requirements in WAC 173-26-211. It states that:
Master programs shall contain a system to classify shoreline areas into specific environment
designations. This classification system shall be based on the existing use pattern, the biological
and physical character of the shoreline, and the goals and aspirations of the community as
expressed through comprehensive plans as well as the criteria in this section. Each master
program's classification system shall be consistent with that described in WAC 173-26-211(4)
and (5) unless the alternative proposed provides equal or better implementation of the act.
This SMP is consistent with these requirements, deviating from WAC 173-26-211(4) and (5) with respect
only to some environment designation names, or the addition of new environment designations where
such provides the City with opportunity to provide further, but complementary, designations consistent
with existing land management plans. Each environment designation contains a purpose statement,
designation criteria, and management policies components.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
17.03.010 Floodway / Channel Migration Zone (CMZ)
A. Purpose: The "Floodway/CMZ" environment is intended to protect the water areas, islands,
associated overflow channels, and channel migration areas. This environment provides for the
movement of the river within its floodplain, and emphasizes preservation of the natural hydraulic,
geologic and biological functions of the City's shorelines that are constrained by biophysical
limitations.
B. Designation Criteria: The Floodway/CMZ designation is assigned to shoreline areas that are within a
mapped Channel Migration Zone and/or within a designated FEMA Floodway. The extent of the
Floodway/CMZ designation should never extend beyond the limitations of the Shoreline CMZ found
in WAC 173-26-221(3)(b). Areas separated from the active river channel by existing legal artificial
channel constraints should not be considered as part of the CMZ. In addition, areas that are
separated from the active channel by legally existing artificial structure(s) including transportation
facilities, built above or constructed to remain intact through the one hundred -year flood, should
also not be considered part of the CMZ.
C. Management Policies:
1. Commercial, industrial, mining, nonwater-oriented recreation, roads, utilities, parking areas,
and residences should generally not be located in the Floodway/CMZ environment. Other
uses (recreation, resource, etc.) should be carefully limited to protect shoreline functions.
2. Activities that may degrade the value of the Floodway/CMZ environment should be limited,
and development in hazardous areas should be restricted.
3. Modifications that harden or fix stream banks and channels should be discouraged.
17.03.020 Urban Conservancy
A. Purpose: The "Urban Conservancy" environment is intended to protect and restore ecological
functions of open space, floodplain and other sensitive lands where they exist in urban and
developed settings, while allowing a variety of compatible uses.
B. Designation Criteria: Specific criteria for designation of the Urban Conservancy environment include
areas or properties that:
1. Lie in the city limits and urban growth areas;
2. Are planned for development that is compatible with the principals of maintaining or restoring
the ecological functions of the area;
3. Are suitable for water -enjoyment uses;
4. Are open space or floodplains, or;
5. Are areas that retain important ecological functions which should not be more intensively
developed.
C. Management Policies:
1. Allowed uses for the Urban Conservancy environment generally include uses which preserve
the natural character of the area, and promote the preservation of open space, floodplains or
sensitive lands.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. Uses allowed under this designation should focus on recreation.
3. Commercial, industrial and residential uses should be limited, and when allowed result in
restoration of ecological functions.
4. Public access and recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
17.03.030 High Intensity
A. Purpose: The purpose of the "High Intensity" environment is to provide for high-intensity water -
oriented commercial, transportation, and industrial uses while protecting existing ecological
functions and restoring ecological functions in areas that have been previously degraded.
B. Designation Criteria: Specific criteria for designation of the High Intensity environment include areas
or properties that:
1. Presently support high intensity land uses including commercial, industrial, urban recreational,
transportation, or high-intensity water -oriented uses.
2. Are planned to accommodate urban expansion of uses listed in 1 above.
C. Management Policies:
1. Water -oriented commercial, industrial, and recreation uses should be given high priority in
the High Intensity environment. First priority should be given to water -dependent uses.
Second priority should be given to water -related and water -enjoyment uses. Nonwater-
oriented uses should not be allowed except as part of mixed-use developments. Nonwater-
oriented uses may also be allowed in limited situations where they do not conflict with or limit
opportunities for water -oriented uses or on sites where there is no direct access to the
shoreline. Public benefits such as ecological restoration or public access may be required in
association with nonwater-oriented development.
2. When considering shoreline environment designation amendment proposals, full utilization of
existing high intensity areas should be achieved before further expansion of intensive
development is allowed.
3. New development in the High Intensity designation should assure no net loss of shoreline
ecological functions. Where applicable, new development should include environmental
cleanup and restoration of the shoreline to comply with any relevant state and federal law.
4. Where feasible, visual and physical public access should be required as part of development in
the High Intensity designation unless it already exists to serve the development or other
safety, security, or fragile environmental conditions apply.
5. Aesthetic objectives should be implemented by means such as sign control regulations,
appropriate development siting, screening and architectural standards, and maintenance of
natural vegetative separation.
17.03.040 Essential Public Facilities
A. Purpose: The "Essential Public Facilities" environment is intended to support planning and
maintenance of existing essential public facilities.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Designation Criteria: The Essential Public Facilities designation is assigned to lands containing those
facilities that are typically difficult to site or relocate, such as state or regional transportation
facilities and waste water handling facilities.
C. Management Policies:
1. Essential public facilities and their accessory or supporting uses are allowed in the Essential
Public Facilities environment.
2. Allowed new development in the Essential Public Facilities designation should assure no net
loss of shoreline ecological functions.
3. Where applicable, new and expanded development should include environmental cleanup
and restoration of the shoreline to comply with any relevant state and federal law.
4. Expansion and improvement of existing facilities should be allowed, with mitigation
sequencing applied to avoid and then minimize adverse impacts to the extent consistent with
the specific facility and public needs, with mitigation required for any remaining adverse
im pacts.
17.03.050 Shoreline Residential
A. Purpose: The purpose of the "Shoreline Residential" environment is to accommodate residential
development and appurtenant structures that are consistent with the SMP. An additional purpose is
to provide appropriate public access and recreational uses.
B. Designation Criteria: Assign a Shoreline Residential environment designation to areas that are
predominantly single-family or multifamily residential development or are planned and platted for
residential development.
C. Management Policies:
1. Development standards addressing the development envelope, water quality, and vegetation
should assure no net loss of shoreline ecological functions, taking into account the
environmental limitations and sensitivity of the shoreline area, the level of infrastructure and
services available, and other comprehensive planning considerations.
2. Multifamily and multi -lot residential and recreational developments should provide public
access and joint use for community recreational facilities.
3. Access, utilities, and public services should be available and adequate to serve existing needs
and/or planned future development.
4. Commercial development should be limited to water -oriented uses and allowed only when
the underlying zoning permits such uses.
17.03.060 Aquatic
A. Purpose: The purpose of the "Aquatic" environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the ordinary high-water mark of shoreline
lakes.
B. Designation Criteria: The Aquatic designation applies to lands and waters waterward of the ordinary
high water mark of shoreline lakes.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
C. Management Policies:
1. Allow new over -water structures only for water -dependent uses, public access, or ecological
restoration. The size of new over -water structures should be limited to the minimum
necessary to support the structure's intended use.
2. In order to reduce the impacts of shoreline development and increase effective use of water
resources, multiple use of over -water facilities should be encouraged.
3. Uses that could adversely impact the ecological functions of critical freshwater habitats should
not be allowed except where necessary to achieve the objectives of the Shoreline
Management Act, and then only when their impacts are mitigated according to mitigation
sequencing as necessary to assure no net Toss of ecological functions.
4. Shoreline uses and modifications should be designed and managed to prevent degradation of
water quality and alteration of natural hydrographic conditions.
5. When considering development or activities in the Aquatic environment, the City should favor
development and activities associated with preferred uses of the Shoreline Management Act
and apply development standards that consider water quality, navigation, presence of aquatic
vegetation, existing critical habitats, aesthetics, public access, and views.
17.03.070 Shoreline Use and Modification Matrix
Table 03.070-1 lists the uses and activities for each Shoreline Environment designation that are
allowed by Substantial Development Permit and/or Conditional Use Permit, or are prohibited. Such
uses shall be processed in accordance with YMC Chapter 17.13 (Administration and Enforcement). This
table does not change those situations of when this title does not apply to a development (YMC
17.01.020 Applicability), or when a use or activity listed as needing a Shoreline Substantial Development
P ermit may qualify for an exemption instead (YMC 17.13.050, Exemptions from Shoreline Substantial
Development Permits). Definitions for some uses are provided in YMC 17.01.090. The provisions in
Table 03.070-1 apply to specific common uses and types of development only to the extent they occur
within shoreline jurisdiction.
Table 03.070-1. Shoreline Use and Modification Matrix
Agriculture
Agricultural Activities
Shoreline Use or Modification
High Intensity
Essential Public Facilities
horeline Residential
Urban Conservancy
Floodway/ Channel
Migration Zone (CMZ)
quatic - Lakes
5
Key:
5
= Shoreline Substantial Development Permit or
X
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Agriculture
Agricultural Activities
5
X
5
5
S
N/A
Agricultural Market, Agricultural Stand
5
X
X
5
X
N/A
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Winery and Brewery
5
X
X
5
X
N/A
Agriculture -Industrial
Agricultural Chemical Sales/Storage
5
X
X
X
X
N/A
Agricultural Related Industries & Storage
5
X
X
C
X
N/A
Concentrated Feeding Operation
X
X
X
X
X
N/A
Aquaculture
Rearing
Commercial
X
X
X
X
X
X
Non-commercial
5
5
X
C
C
5
Processing
X
X
X
X
X
X
Packing & Storage
See Industry/Manufacturing/Storage
Boating and Private Moorage Facilities
Boat Launches
Private
5
X
C
X
X
See upland
designation
Public/Community/Commercial
5
5
5
5
5
5
Pier/Dock
Single -Family Residence Facility to Access
Watercraft
N/A
X
5
X
X
S
Water -Dependent Commercial, Industrial,
Aquaculture, Recreational, or Community
5
X
5
X
X
5
Residential Use; or Public Access
5
X
X
5
X
X
Commercial and Service Development
Retail, Trade, and Service
Water -Oriented
Nonwater-Oriented
5
X
X
5
X
C
General
C
X
X
C
X
X
General + Public Benefit'
5
X
X
C
X
X
Separated from Shoreline
5
X
X
5
X
X
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Mixed-use4 project that includes a Water -
N/A
Mixed-use4 Project that Includes a Water -
Dependent Commercial, Industrial,
Aquaculture, or Recreational Use
5
5
X
5
Dependent Commercial, Industrial,
5
X
X
5
X
C
Aquaculture, or Recreational Use
X
Mixed -Use Buildings
5
X
X
X
Outdoor manufacturing, processing and
storage
S
X
X
X
X
X
Community Services and Institutional Uses
Water -Oriented
5
5
X
5
X
C
Nonwater-Oriented
General
C
C
X
C
X
X
Separated from Shoreline
5
5
X
5
X
N/A
Mixed-use4 Project that Includes a Water -
Dependent Commercial, Industrial,
Aquaculture, or Recreational Use
5
5
X
5
X
C
Health and Social Service Facility
5
5
X
X
X
X
Mixed -Use Buildings
5
X
X
X
X
X
Dredging and Dredge Material Disposal
Dredging for Water -dependent Use and Public
Access
N/A
C
N/A
N/A
C
C
Dredging for Existing Navigation Uses
N/A
X
N/A
N/A
X
C
Dredging for Habitat Restoration
N/A
5
N/A
N/A
S
S
Dredging, Other
N/A
X
N/A
N/A
X
X
Disposal of Dredged Material, General
5
5
X
X
X
X
Disposal of Dredged Material, General +Part of
Restoration Plan
S
S
X
C
C
X
Dredging Maintenance Plan
N/A
5
N/A
N/A
S
S
Fill
Waterward of the OHWM, General
N/A
C
N/A
N/A
C
C
Waterward of the OHWM, General + Part of
Restoration Plan
N/A
S
N/A
N/A
5
5
Upland of the OHWM, General
5
5
5
5
C
N/A
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Upland of the OHWM, Part of Restoration Plan
5
5
5
5
S
N/A
Flood Hazard Reduction Measures
Modification of Existing Flood Hazard Facilities
(including relocation farther landward)
5
5
5
5
5
N/A
New Facilities
C
C
C
C
C
N/A
Forest Practices
Forest Practices
N/A
N/A
N/A
N/A
N/A
N/A
Industry / Manufacturing / Storage
Water -Oriented
5
X
X
C
X
C
Nonwater-Oriented
General
C
X
X
X
X
X
General + Part of Restoration Plan, Provides
Other Public Benefit', or Located in Degraded
Area2
5
X
X
X
X
X
Outdoor manufacturing, processing and storage
X
X
X
X
X
X
Separated from Shoreline
5
X
X
C
X
N/A
Mixed-use4 project that includes a Water -
Dependent Commercial, Industrial, Aquaculture,
or Recreational Use
5
X
X
C
X
C
In -Water Structures
To protect public facilities
C
C
C
C
C
C
To protect or restore ecological functions
5
5
5
5
S
S
To monitor flows, water quality, or other habitat
characteristics
S
S
S
S
S
S
Other
C
C
C
X
X
C
Mining
Surface Mining
C
X
X
X
X
X
Underground Mining
X
X
X
X
X
X
Mining for Habitat Restoration
5
5
5
5
C
S
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Recreational Development
Water -Oriented
High -Intensity, General
5
5
5
C
C
C
High Intensity, General + Part of Restoration Plan
or Located in Degraded Area2
S
S
S
S
S
S
Moderate -Intensity, General
S
S
S
S
C
C
Moderate -Intensity, General + Part of
Restoration Plan or Located in Degraded Area2
S
S
S
S
S
S
Low -Intensity
5
5
5
S
5
S
Trails
5
5
5
S
5
S
Recreation Maintenance Plan
S
S
S
S
5
5
Nonwater-Oriented
General
C
X
X
C
X
X
Sites separated from shoreline
S
X
S
S
C
N/A
Indoor
See Commercial and Service Usc:,Development
X
Residential Development
Single -Family Dwelling
S
X
S
S
X
N/A
Accessory Dwelling Unit
5
X
5
5
X
N/A
Duplex
5
X
C
C
X
N/A
Multifamily Dwelling
5
X
X
X
X
N/A
Manufactured Home Park or Subdivision3
C
X
X
X
X
N/A
Houseboats and Over -Water Residential Uses
N/A
X
N/A
N/A
X
X
Residential Maintenance Plan
S
N/A
S
N/A
N/A
5
Shoreline Habitat and Natural Systems
Enhancement Projects
Shoreline Habitat and Natural Systems
Enhancement Projects
5
5
5
5
S
S
Shoreline Stabilization
Hard Stabilization
C
C
C
C
C
C
Soft Stabilization
5
5
5
C
C
S
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Repair and Replacement
5
5
5
5
S
S
Signs
On -premise for Authorized Use
5
5
5
5
S
S
Off -premise
5
5
X
X
X
X
Informational (directional, landmark, trail marker,
etc.)
S
S
S
S
S
S
Transportation and Parking
New Access Roads Serving Permitted Uses
S
S
S
S
C
N/A
Expanded Access Roads Serving Permitted Uses
5
5
5
5
S
N/A
New Highways, Freeways, Arterials & Collectors
5
5
C
C
C
C
Expanded Highways, Freeways, Arterials &
Collectors
S
S
S
S
S
S
New Bridges
S
S
C
C
C
C
Expanded Bridges
S
S
S
S
5
5
Transportation Maintenance Plan
S
S
S
S
5
N/A
Transportation Maintenance Facilities
C
S
X
C
X
X
New Railways
S
S
C
C
C
C
Expanded Railways
5
5
5
5
S
S
Parking for Authorized Use
Reviewed as part of authorized use.
Park and Ride Tots and Similar Stand Alone Parking
C
5
X
X
X
X
Utilities
Utility Services Accessory to Individual Shoreline
Projects
Reviewed as part of authorized use.
Utility Services to Projects outside Shoreline
Jurisdiction
S
S
S
S
C
C
New Power Generating Facilities
C
C
X
C
X
C
Expanded Power Generating Facilities
5
5
X
C
X
C
Utility Transmission Lines
5
5
C
C
C
C
New Utility Services, General
C
C
C
C
C
C
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Expanded Utility Services, General
5
5
5
5
C
C
Utility Maintenance Plan
5
5
5
5
S
S
Wastewater Treatment Facility
C
5
X
C
C
X
Wastewater Treatment Facility+ Part of Restoration
Plan or Located in Degraded Area2
S
S
X
S
S
X
1 Public benefit = public access for substantial numbers of persons or shoreline ecological restoration.
Z Degraded Area = improved rights of way, levees, previously legally degraded land, or existing
impervious area.
3 Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling."
4 In this context, "mixed-use" means a shoreline development that includes and supports a water -
dependent use.
5 "Mixed-use building" means a building in a commercial district or planned development used partly for
residential use and partly for a community facility or commercial use.
17.03.080 Development Standards
A. There shall be a thirty-five (35) foot maximum building height for all structures, except that utility
towers and poles, water treatment towers, wastewater treatment facilities and bridges are not
required to meet this standard. To exceed 35 feet, an applicant must apply for a Shoreline Variance,
and comply with the following criteria in addition to standard Shoreline Variance criteria:
1. Demonstrate overriding considerations of the public interest will be served
2. Demonstrate that the proposal will not obstruct the view of a substantial number of
residences on areas adjoining such shorelines or impair views from public lands or impair
scenic vistas to the Yakima Greenway or Naches River or associated lakes.
B. Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width
than the following by shoreline environment:
1. High Intensity, Essential Public Facilities: 35 feet
2. Shoreline Residential: 50 feet
3. Urban Conservancy, Floodway/CMZ: 60 feet
C. Shoreline buffers: See YMC 17.09.030.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. Minimum structures setback from side property lines in shoreline jurisdiction shall be consistent
with the underlying zoning and no less than 5 feet.
17.03.090 Official Shoreline Maps and Unmapped or Undesignated Shorelines
A. The shoreline jurisdiction and environment designations established by this title are shown on the
official Shoreline Jurisdiction and Environment Designations Map for the Yakima urban growth area.
The official Shoreline Jurisdiction and Environment Designations Map, together with all the
explanatory material thereon, is adopted by reference and declared to be a part of this SMP. The
electronic files of the official map will be considered the official version and may be updated
administratively or through an SMP amendment as indicated in YMC 17.03.090. B, C and D below.
The Department of Ecology will be provided with electronic files of the official map when any
updates are made. Minor mapping errors corrected administratively shall not be greater than 1.0
acre in size. If greater than 1.0 acre in size, a SMP amendment shall be completed within three
years of finding the mapping error.
B. Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor
mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline waterbody
related to site-specific surveys of ordinary high water mark, floodway, channel migration zones,
and/or floodplain are automatically assigned the category of the contiguous waterward shoreline
environment designation. Where the mapping inaccuracy results in inclusion of an unmapped
associated wetland, that wetland shall be assigned an Urban Conservancy environment designation.
Correction of these minor mapping inaccuracies may be made and incorporated into the official
Shoreline Jurisdiction and Environment Designations Map without an SMP amendment.
C. All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an
environment designation shall be assigned an Urban Conservancy designation until the shoreline
can be redesignated through an SMP amendment process conducted consistent with WAC 173-26-
100 and YMC 17.13.140.
D.
The actual location of the OHWM, floodplain, floodway, and wetland boundaries must be
determined at the time a development is proposed. Wetland boundary and ordinary high water
mark determinations are valid for five years from the date they are assessed and flagged in the field.
After five years has elapsed, the City shall determine whether a revision or additional assessment is
necessary. Floodplain and floodway boundaries should be assessed using FEMA maps or the most
current, accurate, and complete scientific and technical information available.
E. In addition, any property shown in shoreline jurisdiction that does not meet the criteria for shoreline
jurisdiction shall not be subject to the requirements of this SMP. Revisions to the official Shoreline
Jurisdiction and Environment Designations Map may be made as outlined in this scction E
subsection B of this section without an SMP amendment.
17.03.100 Pre -Designation
The City of Yakima has adopted shoreline environment pre -designations for shorelines located outside
of city limits but within the City's urban growth area. In the event of annexation of a shoreline, the
affected area shall be subject to the Yakima Shoreline Master Program upon the effective date of the
annexation.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
The City has also adopted shoreline environment pre -designations for Buchanan Lake and its future
associated shorelands. In the event that the Washington Department of Natural Resources Surface
Mine Reclamation Permit lapses or is terminated, or when the City receives a permit application for new
development on or uses of Buchanan Lake, Buchanan Lake shall be considered a shoreline waterbody
and will be subject to this SMP.
CHAPTER 17.05 GENERAL REGULATIONS
17.05.010 Archaeological and Historic Resources
A. The City shall require that permits issued in areas documented to contain archaeological resources
or located within an area classified as "high risk and/or very high risk" for archaeological resources
based on the Washington State Department of Archaeology and Historic Preservation (DAHP)
predictive model require a site inspection or evaluation by a professional archaeologist. Auger tests
may be required before construction and representatives of DAHP and Yakama Nation may be
invited to observe any tests and construction work, and will be provided the results of such tests. If
auger or historical data indicate probable presence of cultural resources which may be disturbed by
excavation, the City shall meet the shoreline permit applicant and may impose conditions on any
shoreline permit to assure that such resources are protected, preserved or collected.
B. Developers and property owners shall immediately stop work and notify the City, DAHP, and the
Yakama Nation if archaeological resources are uncovered during excavation. Following such
notification, the City may follow the provisions of subsection C.
C. Where a professional archaeologist or historian, recognized by the State of Washington, has
identified an area or site as having significant value, or where an area or site is listed in national,
state or local historical registers, or where the DAHP predictive model identifies the area as having
"high risk and/or very high risk" for archaeological resources, the City shall require an evaluation of
the resource, and appropriate conditions, which may include preservation and/or retrieval of data,
proposal modifications to reduce impacts, or other mitigation authorized through the State
Environmental Policy Act, or other local, state, or federal laws.
17.05.020 Environmental Protection
A. Ecological Functions. Uses and developments on City of Yakima shorelines must be designed,
located, sized, constructed and maintained to achieve no net loss of shoreline ecological functions
necessary to sustain shoreline natural resources. Uses and developments must not have an
unmitigated significant adverse impact on other shoreline functions fostered by this SMP.
B. Protection of Critical Areas and Critical Areas Buffers. Critical areas, critical area buffers, and
shoreline buffers must be protected in accordance with the provisions of Chapter 17.09, Critical
Areas in Shoreline Jurisdiction.
C. Mitigation Requirement. If a proposed shoreline development, use or modification is entirely
addressed by specific, objective standards (such as setback distances, pier dimensions, or materials
requirements) contained in this SMP, only then is a mitigation sequencing analysis described in YMC
17.05.010.D subsection D of this section not required. In the following circumstances, the applicant
must provide the mitigation sequencing analysis described in YMC 17.05.020.D:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
1. if a proposed shoreline use or modification is addressed in any part by discretionary standards
(such as standards requiring a particular action if feasible or requiring the minimization of
development size) contained in this Chapter, then the mitigation sequencing analysis is
required for the discretionary standard(s); or
2. when an action requires a Shoreline Conditional Use Permit or Shoreline Variance Permit; or
3. when specifically required by regulations contained in Chapters 17.05, 17.07 and 17.09 of this
SMP.
D. Mitigation Sequence. In order to ensure that development activities contribute to meeting the no
net loss of ecological functions provisions by avoiding, minimizing, and mitigating for adverse
impacts to ecological functions or ecosystem -wide processes, an applicant required to complete a
mitigation analysis pursuant to YMC 17.05.020.0 must describe how the proposal will follow the
sequence of mitigation as defined below:
1. Avoid the impact altogether by not taking a certain action or parts of an action;
2. Minimize the impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology, or by taking affirmative steps to avoid or
reduce impacts;
3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment to the
conditions existing at the time of the initiation of the project or activity;
4. Reduce or eliminate the impact over time by preservation and maintenance operations during
the life of the action;
5. Compensate for the impact by replacing, enhancing, or providing substitute resources or
environments; and
6. Monitor the impact and the compensation projects and take appropriate corrective measures.
E. Mitigation Plan. All proposed alterations to shoreline jurisdiction that will have adverse effects on
ecological functions require mitigation sufficient to provide for and maintain the functions and
values of the shoreline area or to prevent risk from a critical areas hazard. The applicant must
develop and implement a mitigation plan prepared by a qualified professional. Mitigation in excess
of that necessary to ensure that development will result in no net loss of ecological functions will
not be required by the City of Yakima, but may be voluntarily performed by an applicant. In addition
to any requirements found in Chapter 17.09, Critical Areas in Shoreline Jurisdiction, a mitigation plan
must include:
1. An inventory and assessment of the existing shoreline environment including relevant
physical, chemical and biological elements;
2. A discussion of any federal, state, or local management recommendations which have been
developed for critical areas or other species or habitats located on the site;
3. A discussion of proposed measures which mitigate the adverse impacts of the project to
ensure no net loss of shoreline ecological functions;
4. A discussion of proposed management practices which will protect fish and wildlife habitat
both during construction, and after the project site has been fully developed;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
5. Scaled drawings of existing and proposed conditions, materials specifications, and a minimum
three-year maintenance and monitoring plan, including performance standards;
6. A contingency plan if mitigation fails to meet established success criteria; and
7. Any additional information necessary to determine the adverse impacts of a proposal and
mitigation of the impacts.
F. Alternative Mitigation. To provide for flexibility in the administration of the ecological protection
provisions of this SMP, alternative mitigation approaches may be approved within shoreline
jurisdiction where such approaches provide increased protection of shoreline ecological functions
and processes over the standard provisions of this SMP and are scientifically supported.
17.05.030 Shoreline Vegetation Conservation
A. Vegetation conservation standards do not apply retroactively to existing uses and developments.
Vegetation associated with existing structures, uses and developments may be maintained within
shoreline jurisdiction as stipulated in the approval documents for the development.
B. Vegetation within shoreline buffers, other stream buffers, wetlands and wetland buffers, WDFW-
mapped priority habitats and species areas, and other critical areas must be managed consistent
with YMC Chapter 17.09 - Critical Areas in Shoreline Jurisdiction. Regulations specifying
establishment and management of shoreline buffers (buffers associated with Type 1 streams and
shoreline lakes) are located in YMC 17.09.030, Fish and Wildlife Habitat and the Stream Corridor
System.
C. Other vegetation within shoreline jurisdiction, but outside of shoreline buffers, other stream
buffers, wetlands and wetland buffers, and other WDFW-mapped priority habitats and species
areas, must be managed according to YMC 17.05.020, Environmental Protection, and any other
regulations specific to vegetation management contained in this SMP and City of Yakima Code.
D. Vegetation clearing must be limited to the minimum necessary to accommodate approved shoreline
development that is consistent with all other provisions of this SMP and City of Yakima Code.
Mitigation sequencing per YMC 17.05.020.D must be applied unless specifically excluded by this
SMP, so that the design and location of the structure or development minimizes native vegetation
removal. The City may approve modifications or require minor site plan alterations to achieve
maximum tree retention.
E. Where vegetation removal conducted consistent with this section results in adverse impacts to
shoreline ecological function, new developments or site alterations are required to develop and
implement a supplemental mitigation plan. Adverse impacts are assumed to result from:
1. removal of native trees and shrubs,
2. removal of non-native trees or shrubs that overhang aquatic areas or stabilize slopes, or
3. removal of native or non-native trees or shrubs that disrupts an existing vegetation corridor
connecting the property to other critical areas or buffers.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
Mitigation plans must be prepared by a qualified professional and must contain information
required in YMC 17.05.024-O.E. Mitigation measures must be maintained over the life of the use or
development, and must include compensation for temporal loss of function and the restoration of
specific functions adversely impacted by the vegetation removal. Removal of invasive species does
not require mitigation, but the removal site must be managed as outlined in YMC 17.05.030.1 below
to avoid and minimize potential adverse impacts.
F. Shoreline vegetation may be removed to accommodate a temporary staging area when necessary to
implement an allowed use or modification, but mitigation sequencing must be utilized and the area
must be immediately stabilized and restored with native vegetation once its use as a staging area is
complete.
G. Where a tree poses a safety hazard, it may be removed or converted to a wildlife snag if the hazard
cannot be eliminated by pruning, crown thinning, or other technique that maintains some habitat
function. If a safety hazard cannot be easily determined by the City, a written report by a certified
arborist or other qualified professional is required to evaluate potential safety hazards.
H. Selective pruning of trees for views is allowed. Selective pruning of trees for views does not include
removal of understory vegetation, and must not compromise the health of the tree.
I. Hand removal or spot -spraying of invasive species or noxious weeds on shorelands outside of steep
or unstable slope areas is encouraged. Where noxious weeds and invasive species removal results
in bare soils that may be subject to erosion or recolonization by invasive species, the area must be
stabilized using best management practices and replanted with native plants.
J. Aquatic weed control may only be permitted where the presence of aquatic weeds will adversely
affect native plant communities, fish and wildlife habitats, or an existing water -dependent
recreational use. Aquatic weed control efforts must comply with all applicable laws and standards.
Removal using mechanical methods is preferred over chemical methods.
17.05.040 Water Quality, Stormwater, and Nonpoint Pollution
A. Do not degrade ecological functions. Design, construction and operation of shoreline uses and
developments shall incorporate measures to protect and maintain surface and groundwater
quantity and quality in accordance with all applicable laws, so that there is no net loss of ecological
functions.
B. Do not degrade views and recreation opportunities. Design, construction and operation of shoreline
uses and developments shall incorporate measures to protect and maintain surface and
groundwater quantity and quality in accordance with all applicable laws, so that significant impacts
to aesthetic qualities or recreational opportunities do not occur. A significant impact to aesthetics
or recreation would occur if a stormwater facility and appurtenant structures such as fences or
other features have the potential to block or impair a view of shoreline waters from public land or
from a substantial number of residences per RCW 90.58.320, or if water quality were visibly
degraded such that the color and character were unattractive and discouraged normal uses such as
swimming, fishing, boating, or viewing.
C. Requirements for new development.
1. New development and re -development shall manage short-term and long-term stormwater
runoff to avoid and minimize potential adverse affects on shoreline ecological functions
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
through compliance with the latest edition of the Stormwater Management Manual for
Eastern Washington or approved local equivalent if applicable to the project. If certain
thresholds are not met by a development that trigger compliance with the Stormwater
Management Manual or approved local equivalent, best management practices (BMPs) must
still be employed to avoid and minimize potential adverse effects.
2. When the Stormwater Management Manual applies, deviations from the standards may be
approved where it can be demonstrated that off-site facilities would provide better
treatment, or where common retention, detention and/or water quality facilities meeting
such standards have been approved as part of a comprehensive stormwater management
plan.
D. Chemical applications. Pesticides, herbicides, and fertilizers should be applied in a manner which
minimizes direct or indirect entrance into nearby waters. Application of pesticides intended to abate
mosquitoes or similar water -related infestations should be administered in accordance with
Environmental Protection Agency standards.
E. Sewage management. To avoid water quality degradation, sewer service is subject to the
requirements outlined below.
1. Any existing septic system or other on-site system that fails or malfunctions will be required to
connect to an existing municipal sewer service system if feasible, or make system corrections
approved by Yakima Public Health.
2. Any new development, business, single-family or multi -family unit will be required to connect to
an existing municipal sewer service system if feasible, or install an on-site septic system
approved by Yakima Public Health.
F. Materials requirements. All materials that may come in contact with water shall be untreated or
approved treated wood, concrete, approved plastic composites or steel, that will not adversely
affect water quality or aquatic plants or animals.
G. Low Impact Development (LID). Use of the most current version of the Yakima Region Low Impact
Development (LID) Stormwater Design Manual throughout the various stages of development,
including site assessment, planning and design, site preparation, construction, and ongoing
management, is encouraged.
17.05.050 Public Access
A. Shoreline development shall not interfere with public access and enjoyment of any nearby publicly
owned land areas.
B. The City shall not vacate any road, street, or alley abutting a body of water except as provided under
RCW 35.79.035.
C. Efforts to implement the public access provisions of this section shall be consistent with all relevant
constitutional and other legal limitations on regulation of private property and the principles of
nexus and proportionality. Public access requirements on privately owned lands should be
commensurate with the scale and character of the development and should be compatibly designed
to meet needs of affected parties including, but not limited to, the landowner and the public.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. Applications that access or are part of properties owned by Yakima County shall submit
documentation of County approval prior to submittal to the City.
E. Public access does not include the right to enter upon or cross private property, except on dedicated
public rights-of-way or easements or where development is specifically designed to accommodate
public access.
F. Except as provided in subsection G below, shoreline substantial developments and shoreline
conditional uses shall provide for safe and convenient public access to and along the shoreline
where any of the following conditions are present:
1. the development is proposed by a public entity or on public lands, or is a publicly financed
erosion control measure;
2. the nature of the proposed use, activity or development will likely generate a public demand
for one or more forms of physical or visual access to the shoreline;
3. the proposed use, activity or development is not a water -oriented or other preferred
shoreline use, activity or development under the Act, such as a nonwater-oriented
commercial or industrial use; or
4. the proposed use, activity or development will interfere with the public use, activity and
enjoyment of shoreline areas or waterbodies subject to the public trust doctrine (see
definition YMC 17.01.090).
G. An applicant shall not be required to provide public access where the City determines that one or
more of the following conditions apply:
1. reasonable, safe and convenient public access to the shoreline is accessible within one-
quarter mile (1,320 feet) of the site, or the City's adopted parks and recreation plans do not
indicate a need for a trail or access at the property;
2. the site is within or part of an overall development which has previously provided public
access through other application processes;
3. the economic cost of providing for public access upon the site is unreasonably
disproportionate to the total long-term economic value of the proposed use, activity or
development;
4. the proposed use, activity or development only involves the construction of four or fewer
single-family or multifamily dwellings;
5. the proposed use, activity or development only involves agricultural activities;
6. the proposal consists of a new or expanded road or utility crossing through shoreline
jurisdiction serving development located outside of shoreline jurisdiction;
7. the nature of the use, activity or development or the characteristics of the site make public
access requirements inappropriate due to health, safety or environmental hazards based on
evidence provided in the proposed application;
8. the proposed use, activity or development has security requirements that are not feasible to
address through the application of alternative design features or other measures;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
9. significant and unmitigable harm to the shoreline environment would be likely to result from
an increase, expansion or extension of public access upon the site;
10. public access is deemed detrimental to threatened and/or endangered species under the
Endangered Species Act.
H. Public Access Standards. When public access is provided, the following standards shall apply.
1. Physical public access is preferred to solely visual access. Where physical public access is not
feasible, the applicant shall incorporate visual public access. Visual public access may consist
of view corridors, viewpoints, or other means of visual approach to public waters. Physical
public access may consist of a dedication of land or easement and a physical improvement in
the form of a trail, park, or other area serving as a means of physical approach to public
waters.
2. Physical public access shall be designed to connect to existing or future public access features
on adjacent or abutting properties, or shall connect to existing public rights-of-way or access
easements, consistent with design and safety standards.
3. Public access proposals shall be designed consistent with parks and recreation standards or
plans contained in applicable City, County, State, or Federal codes or approved plans.
I. Shared community access may be allowed if there is no existing or planned public access along the
shoreline as determined by a review of adopted parks and recreation plans. Where provided,
community access is subject to all applicable development standards of this section.
J. Off-site public access, either physical or visual, may be permitted by the City where it results in an
equal or greater public benefit than on-site public access, or when on-site limitations of security,
environment, or feasibility are present. Off-site public access is preferred where it implements
adopted City, County, or Yakima Greenway parks and recreation plans. Off-site public access may
include, but is not limited to, enhancing a nearby public property (e.g. existing public recreation site;
existing public access; road, street or alley abutting a body of water; or similar) in accordance with
City standards; providing, improving or enhancing public access on another property under the
control of the applicant/proponent; or another equivalent measure.
K. The City may condition public access proposals to ensure compatibility with existing public access or
transportation facilities, address environmental conditions or environmental impacts, and/or
address compatibility with adjacent properties. Public access facilities shall be made compatible
with adjacent private properties through the use of techniques to define the separation between
public and private space.
17.05.060 Flood Hazard Reduction
A. Development in floodplains shall avoid significantly or cumulatively increasing flood hazards.
Development shall be consistent with this SMP, including YMC 17.09.020, as well as applicable
guidelines of the Federal Emergency Management Agency and an approved comprehensive flood
hazard management plan.
B. The channel migration zone (CMZ) is considered to be that area of a stream channel which may
erode as a result of normal and naturally occurring processes and has been mapped consistent with
WAC guidelines. C. The following uses and activities may be authorized within the CMZ or
floodway:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
1. New development or redevelopment on or landward of existing legal structures, such as
levees, that prevent active channel movement and flooding.
2. Development of new or expansion or redevelopment of existing bridges, public stormwater
facilities and outfalls, and other public utility and transportation structures, including trails,
where no other feasible (see definition in YMC 17.01.090) alternative exists or the alternative
would result in unreasonable and disproportionate costs (see definition in YMC 17.01.090).
The evaluation of cost differences between options within the CMZ or floodway and outside
of the CMZ or floodway shall include the cost of design, permitting, construction and long-
term maintenance or repair. Where such structures are allowed, mitigation shall address
adversely impacted functions and processes in the affected shoreline.
3. Development of new or expansion or redevelopment of existing utility lines where no other
feasible alternative exists or the alternative would result in unreasonable and
disproportionate costs. The evaluation of cost differences between options within the CMZ or
floodway and outside of the CMZ or floodway shall include the cost of design, permitting,
construction and long-term maintenance or repair. Where such structures are allowed,
mitigation shall address adversely impacted functions and processes in the affected shoreline.
When the primary purpose of a utility transmission line is to transfer bulk products or energy
through a floodway en route to another destination, as opposed to serving customers within a
floodway, such transmission lines shall conform to the following:
a. All utility transmission lines shall cross floodways by the most direct route feasible as
opposed to paralleling floodways;
b. Electric transmission lines shall span the floodway with support towers located in
floodway fringe areas or beyond. Where floodway areas cannot be spanned due to
excessive width, support towers shall be located to avoid high floodwater velocity
and/or depth areas, and shall be adequately floodproofed;
c. Buried utility transmission lines transporting hazardous and non -hazardous materials,
including but not limited to crude and refined petroleum products and natural gas, shall
be buried a minimum of four (4) feet below the maximum established scour of the
waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be
maintained horizontally within the hydraulic floodway to the maximum extent of
potential channel migration as determined by hydrologic analyses. In the event
potential channel migration extends beyond the hydraulic floodway, conditions imposed
upon floodway fringe and special flood hazard areas shall also govern placement. All
hydrologic analyses are subject to acceptance by the City of Yakima, which shall assume
the conditions of a one -hundred (100) year frequency flood as verified by the U.S. Army
Corps of Engineers, and shall include on-site investigations and consideration of
historical meander characteristics in addition to other pertinent facts and data. The use
of riprap as a meander containment mechanism within the hydraulic floodway shall be
consistent with this Title;
d. Beyond the maximum extent of potential channel migration, utility transmission lines
transporting hazardous and non -hazardous materials shall be buried below existing
natural and artificial drainage features; and,
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e. Aboveground utility transmission lines, not including electric transmission lines, shall
only be allowed for the transportation of non -hazardous materials where an existing or
new bridge or other structure is available and capable of supporting the line. When
located on existing or new bridges or other structures with elevations below the one -
hundred (100) year flood level, the transmission line shall be placed on the downstream
side and protected from flood debris. In such instances, site-specific conditions and
flood damage potential shall dictate placement, design and protection throughout the
floodway. Applicants must demonstrate that such aboveground lines will have no
appreciable effect upon flood depth, velocity or passage, and shall be adequately
protected from flood damage. If the transmission line is to be buried except at the
waterway crossing, burial specifications shall be determined as in subsection (C)(3)
above.
4. New or redeveloped measures to reduce shoreline erosion, provided that it is demonstrated
that the erosion rate exceeds that which would normally occur in a natural condition, that the
measures do not interfere with fluvial hydrological and geo-morphological processes normally
acting in natural conditions, and that the measures include appropriate mitigation of adverse
impacts on ecological functions associated with the river or stream.
5. Actions that protect or restore the ecosystem -wide processes or ecological functions or
development with a primary purpose of protecting or restoring ecological functions and
ecosystem -wide processes.
6. Water -dependent installations which by their very nature must be in the floodway. In all
instances of locating utilities and other installations in floodway locations, project design must
incorporate floodproofing (Examples of water -dependent installations are: docks and boat
launches; dams for domestic/industrial water supply; wastewater treatment and collection
systems; flood control and/or hydroelectric production; water diversion structures and
facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage
pumping plants and facilities; hydroelectric generating facilities and appurtenant structures;
and nonstructural uses and practices; provided, that the applicant shall provide evidence that
a floodway location is necessary in view of the objectives of the proposal, and provided
further that the proposal is consistent with other provisions of this Chapter and Title)
7. Modifications or additions to an existing nonagricultural legal use, provided that channel
migration is not further limited and that the modified or expanded development includes
appropriate protection of ecological functions.
8. Repair and maintenance of existing legally established use and developments, provided that
channel migration is not further limited, flood hazards to other uses are not increased, and
significant adverse ecological impacts are avoided.
9. Existing and ongoing agricultural activities provided that no new restrictions to channel
movement are proposed.
D. Existing structural flood hazard reduction measures, such as levees, may be repaired and maintained
as necessary to protect legal uses on the landward side of such structures. Increases in height of an
existing levee, with any associated increase in width, that may be needed to prevent a reduction in
the authorized level of protection of existing legal structures and uses shall be considered an
element of repair and maintenance.
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E. Flood hazard reduction measures shall not result in channelization of normal stream flows, interfere
with natural hydraulic processes such as channel migration, or undermine existing structures or
downstream banks.
F. New development in shoreline jurisdiction, including the subdivision of land, shall not be permitted
if it is reasonably foreseeable that the development or use would require structural flood hazard
reduction measures within the channel migration zone or floodway.
G. New public and private structural flood hazard reduction measures:
1. shall be approved when a scientific and engineering analysis demonstrates the following:
a. that they are necessary to protect existing development;
b. that nonstructural measures, such as setbacks, land use controls, wetland restoration,
dike removal, use or structure removal or relocation, biotechnical measures, and
stormwater management programs are not feasible;
c. that adverse effects upon adjacent properties will not result relative to increased
floodwater depths and velocities during the base flood or other more frequent flood
occurrences;
d. that the ability of natural drainage ways to adequately drain floodwaters after a flooding
event is not impaired;
e. that the proposal has been coordinated through the appropriate diking district where
applicable, and that potential adverse effects upon other affected diking districts have
been documented; and,
f. that adverse impacts on ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
2. shall be consistent with an approved comprehensive flood hazard management plan.
3. shall be placed landward of associated wetlands and designated shoreline buffers, except for
actions that increase ecological functions, such as wetland restoration, or when no other
alternative location to reduce flood hazard to existing development is feasible as determined
by the Shoreline Administrator.
H. All new flood control projects shall define maintenance responsibilities and a funding source for
operations, maintenance, and repairs for the life of the project.
I. New public structural flood hazard reduction measures, such as levees, shall dedicate and improve
public access pathways unless public access improvements would cause unavoidable health or
safety hazards to the public, inherent and unavoidable security problems, unacceptable and
unmitigable significant adverse ecological impacts, unavoidable conflict with the proposed use, or a
cost that is disproportionate and unreasonable to the total long-term cost of the development.
Setbacks of existing levees are not considered "new" structural flood hazard reduction measures for
purposes of this regulation.
J. In those instances where management of vegetation as required by this SMP conflicts with
vegetation provisions included in state, federal or other flood hazard agency documents governing
city -authorized, legal flood hazard reduction measures, the vegetation requirements of this SMP will
not apply. However, the applicant shall submit documentation of these conflicting provisions with
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any shoreline permit applications, and shall comply with all other provisions of this section and this
SMP that are not strictly prohibited by the approving flood hazard agency.
K. The removal of gravel or other riverbed material for flood management purposes shall be consistent
with YMC 17.07.050, Dredging and Dredge Material Disposal, and be allowed only after a biological
and geo-morphological study shows that extraction has a long-term benefit to flood hazard
reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood
management solution.
L. Roads shall be located outside the floodway, except necessary crossings which shall be placed
perpendicular to the waterbody as much as is physically feasible. New transportation facilities shall
be designed so that the effective base flood storage volume of the floodplain is not reduced. The
applicant shall provide all necessary studies, reports and engineering analysis which shall be subject
to review and modification by the City. If proposed transportation facilities effectively provide flood
control, they shall comply with policies and regulations of this section.
M. In recognition of the significant benefits of levee setbacks, maximum flexibility of Title 17, including
Chapter 17.09 Critical Areas, should be granted when existing structural flood hazard reduction
measures are proposed for relocation landward of the existing flood hazard reduction measure.
Existing public access or recreation facilities that need to be relocated to accommodate the
relocated flood hazard reduction measure shall be allowed to be reconstructed in the floodway or
channel migration zone provided they do not further limit channel migration or increase flood
hazards.
CHAPTER 17.07 USE -SPECIFIC AND MODIFICATION REGULATIONS
17.07.010 Agriculture
A. 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.
B. The provisions of this SMP do not limit or require modification of agricultural activities on
agricultural lands as of the date of adoption of the SMP.
C. SMP provisions shall apply in the following cases:
1. new agricultural activities on land not meeting the definition of agricultural land;
2. expansion of agricultural activities on non-agricultural lands or conversion of non-agricultural
lands to agricultural activities;
3. conversion of agricultural lands to other uses;
4. other development on agricultural land that does not meet the definition of agricultural
activities; and
5. agricultural development and uses not specifically exempted by the Act.
D. Concentrated animal feeding operations (see definition in YMC 17.01.090) are prohibited in
shoreline jurisdiction.
E. New agricultural activities and facilities shall utilize best management practices established by the
USDA Natural Resources Conservation Service or other similar agency.
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F. Development in support of agricultural uses shall be consistent with the environment designation
intent and management policies, located and designed to assure no net loss of ecological functions,
and shall not have a significant adverse impact on other shoreline resources and values.
17.07.020 Aquaculture
The following provisions apply to any development, construction, or use of land or water for
aquacultural purposes within Shoreline jurisdiction.
A. All structures located within waterbodies shall not preclude navigability of those waters at any time,
and shall be clearly marked so as to provide no hazard to navigation on those waters.
B. Aquaculture facilities shall be designed and located to avoid significant conflict with water -
dependent uses, the spreading of disease, introduction of non-native species, or impacts to
shoreline aesthetic qualities.
C. New aquaculture proposals shall comply with mitigation sequencing requirements as outlined in
YMC 17.05.020.D, and with all other general standards in YMC Chapter 17.05. Aquaculture activities
that would have a significant adverse impact on natural, dynamic shoreline processes, or that would
result in a net loss of shoreline ecological functions, shall be prohibited.
D. Potential locations for aquaculture are relatively restricted due to specific requirements for water
quality, temperature, flows, oxygen content, adjacent land uses, wind protection, and commercial
navigation. The technology associated with some forms of present-day aquaculture is still in its
formative stages and experimental. Therefore, some latitude in the development of this use should
be given, while the potential impacts on existing uses and natural systems are recognized.
E. Aquaculture that supports recovery of endangered or threatened fish species or supports public or
community recreation is encouraged provided it is conducted within the bounds of subsections A
through C.
17.07.030 Boating and Private Moorage Facilities
A. All boating facilities and residential moorage structures shall be the minimum size necessary to meet
the needs of the use.
B. New pier or dock construction, excluding docks accessory to single-family residences, must
demonstrate that a specific need exists to support the intended water -dependent or public access
use. Docks associated with single-family residences are defined as water -dependent uses provided
they are designed and intended as a facility for access to watercraft.
C. New residential development of two or more dwellings must provide joint -use or community dock
facilities, when feasible, rather than allow individual docks for each residence.
D. Docks, piers, and any other over -water structures for purposes of temporary or permanent boat
moorage, are prohibited in free-flowing streams and rivers.
E. Public, commercial, industrial, or community residential boating facilities shall:
1. comply with the health, safety and welfare standards of State and local agencies for such
facilities;
2. be so located and designed as not to obstruct or cause danger to normal public navigation of
waterbodies, if applicable;
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3. be restricted to suitable locations;
4. avoid or mitigate for aesthetic impacts;
5. mitigate impacts to existing public access and navigation, if applicable;
6. provide documentation of ownership or authorization to use associated water areas;
7. demonstrate that state and local regulations will be met. Agencies responsible for such
regulations shall be consulted as to the viability of the proposed design; and
8. submit an operations and site plan demonstrating:
a. location and design of fuel handling and storage facilities to minimize accidental spillage
and protect water quality;
b. proper water depth and flushing action for any area considered for overnight or long-
term moorage facilities;
c. adequate facilities to properly handle wastes from holding tanks;
d. that boating facilities are located only at sites with suitable environmental conditions,
shoreline configuration, and access; and
e. adequate access, parking, and restroom facilities for the public when required or
appropriate. Such facilities should be located away from the immediate water's edge.
F. Private residential docks.
1. Aspen Lake: the maximum length of docks is 8 feet measured perpendicular from the OHWM,
and no new dock may be situated directly across from an existing dock.
2. Willow Lake: the maximum length of docks is 12 feet measured perpendicular from the
OHWM.
G. Boat Launches.
1. Launch ramps shall be designed and constructed using methods/technology that have been
recognized and approved by state and federal resource agencies as the best currently
available, with consideration for site-specific conditions and the particular needs of that use.
At a minimum, they shall minimize the obstruction of currents, alteration of sediment
transport, and the accumulation of drift logs and debris.
2. New boat launch facilities shall be approved only if they provide public access to public waters
that are not adequately served by existing access facilities, or if use of existing facilities is
documented to exceed the designed capacity. Prior to providing boat launch facilities at a
new location, documentation shall be provided demonstrating that expansion of existing
launch facilities is not feasible or would not be adequate to meet a specific recreation or
safety-related demand.
17.07.040 Commercial and Service Development
The following provisions apply to any development, construction, or use of land or water for
commercial and community service purposes within Shoreline jurisdiction.
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A. Water -dependent commercial development shall be given priority over nonwater-dependent
commercial uses. Secondarily, water -related and water -oriented uses shall be given priority over
nonwater-oriented commercial uses.
B. Application for new commercial or community services shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
2. The use is part of a mixed-use project that includes water -dependent uses, or;
3. Navigability is severely limited at the proposed site, and the use will provide a significant
public benefit towards meeting SMA objectives, such as providing public access consistent
with YMC 17.05.0540 and ecological restoration, or;
4. That a nonwater-oriented use is physically separated from the shoreline by either a public
right-of-way or a separate parcel.
C. Mixed-use buildings, as defined in YMC 17.03.070090, may be allowed subject to compliance
with all of the following criteria:
1. The project includes one or more water -dependent uses.
2. Water -dependent commercial uses as well as other water -oriented commercial uses have
preferential locations along the shoreline.
3. The underlying zoning district permits residential uses together with commercial uses.
4. Public access is provided for substantial numbers of persons in accordance with YMC
17.05.050 and ecological restoration is provided as a public benefit. The Shoreline
Administrator shall interpret substantial numbers of persons consistent with the Act, SMP
Guidelines, and Shorelines Hearings Board cases.
5. Residential uses meet requirements of YMC 17.07.130.
D. If required by YMC 17.05.040, commercial and community services uses shall be designed to
facilitate public access to and enjoyment of nearby shoreline areas.
E. Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment
unless they are accessory to and support water -dependent uses.
17.07.050 Dredging and Dredge Material Disposal
A. Siting and design. New development shall be sited and designed to avoid or, if that is not possible,
to minimize the need for new and maintenance dredging.
B. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes
significant ecological impacts, and impacts which cannot be avoided shall be mitigated in a manner
that assures no net loss of shoreline ecological functions. Dredging and excavation shall be confined
to the minimum area necessary to accomplish the intended purpose or use.
C. Dredging shall be permitted for the following activities when significant ecological impacts are
minimized and when mitigation is provided:
1. Establishment, expansion, relocation or reconfiguration of navigation channels and basins
where necessary for assuring safe and efficient accommodation of existing navigational uses.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. Maintenance dredging of established navigation channels and basins, provided dredging is
restricted to maintaining previously dredged and/or existing authorized location, depth, and
width.
3. Development, expansion and maintenance of essential public facilities when there are no
feasible alternatives.
4. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
5. Restoration or enhancement of shoreline ecological functions and processes benefiting water
quality and/or fish and wildlife habitat.
6. Reduction of flood hazards.
D. Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill
material shall not be allowed, except when the material is necessary for the restoration of ecological
functions. When allowed, the site where the fill is to be placed must be located waterward of the
ordinary high-water mark. The project must be either associated with a Model Toxics Control Act or
Comprehensive Environmental Response, Compensation, and Liability Act habitat restoration
project or, if approved through a Shoreline Conditional Use Permit, any other significant habitat
enhancement project.
E. Use of dredged material for the purpose of ecological restoration is encouraged.
F. Disposal of dredge material on shorelands or wetlands within a river's channel migration zone is
discouraged. In the limited instances where it is allowed, such disposal requires a Shoreline
Conditional Use Permit. This provision is not intended to address discharge of dredge material into
the flowing current of the river or in deep water within the channel where it does not substantially
affect the geohydrologic character of the channel migration zone.
G. Hydraulic dredging (see definition in YMC 17.01.090) or other techniques that minimize the
dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
H. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of
sediments and other dredge materials.
I. Dredge spoils are also considered fill, and shall not be deposited within 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.
J. The City may approve five-year management plans addressing maintenance dredging, use of best
management practices, and other measures to assure no net loss of shoreline ecological functions.
K. All applications for Shoreline Permits that include dredging shall supply a dredging plan that includes
the following information:
1. The quantity of material to be removed.
2. The method of removal.
3. Location of spoil disposal sites and measures that will be taken to protect the environment
around them.
4. Plans for the protection and restoration of the shoreline environment during and after
dredging operations.
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L. A dredging operation judged by the Administrator to be insufficient for protection or restoration of
the shoreline environment shall cause denial of a Shoreline permit.
17.07.060 Fill
A. All fills shall be located, designed and constructed to protect shoreline ecological functions and
ecosystem -wide processes, including channel migration. Any adverse impacts to shoreline
ecological functions shall be mitigated.
B. Permissible fill in sensitive areas, including fill within wetlands, floodways, channel migration zones,
or waterward of the OHWM, shall only be permitted in limited instances for the following purposes
and when other required state or federal permits have been obtained, with due consideration given
to specific site conditions, and only along with approved shoreline use and development activities
that are consistent with this SMP, such as:
1. Water -dependent uses, public access, and cleanup and disposal of contaminated sediments as
part of an interagency environmental clean-up plan;
2. Disposal of dredged material considered suitable under, and conducted in accordance with,
the Dredged Material Management Program of the Department of Natural Resources and/or
the Dredged Material Management Office of the U.S. Army Corps of Engineers (see YMC
17.07.0560 of this SMP);
3. Expansion or alteration of transportation facilities of statewide significance currently located
on the shoreline where alternatives to fill are infeasible;
4. Ecological restoration or enhancement when consistent with an approved restoration plan;
5. Maintenance or installation of flood hazard reduction measures consistent with a
comprehensive flood hazard management plan and YMC 17.05.060, Flood Hazard Reduction.
6. Protection of cultural or historic resources when fill is the most feasible method to avoid
continued degradation, disturbance or erosion of a site. Such fills must be coordinated with
the Yakama Nation and comply with applicable provisions of YMC 17.05.010 of this SMP.
All fills waterward of the OHWM not associated with ecological restoration, flood control or
approved shoreline stabilization shall require a Shoreline Conditional Use Permit.
C. Permissible upland fill. All other upland fill is permitted, provided it:
1. Is conducted outside applicable buffers, unless specifically allowed in buffers;
2. Is part of an approved shoreline use or modification, or is necessary to provide protection to
cultural or historic resources;
3. Is the minimum necessary to implement the approved use or modification;
4. Is planned to fit the topography so that minimum alterations of natural conditions will be
necessary;
5. Does not adversely affect hydrologic conditions or increase the risk of slope failure; and
6. Is consistent with applicable provisions of Chapter 17.09, particularly regulations governing
floodways and 100 -year floodplains.
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D. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas
having the least impact to the shoreline area. Other alternatives shall be preferred over fill to
elevate new structures in the floodplain, such as use of pile or pier supports, posts, columns, other
zero -rise methods, or increasing foundation height.
E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be
sand, gravel, rock, or other clean material obtained from a State -certified source, with a minimum
potential to degrade water quality and meeting the specifications included in project plans approved
by local, state and federal review agencies.
F. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns,
and other identified natural processes.
G. Erosion control. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent
with the Stormwater Management Manual for Eastern Washington, or the most recent adopted
stormwater manual, shall be provided for all proposed fill and excavation activities, and approved by
the Shoreline Administrator prior to commencement of activity. Disturbed areas shall be
immediately protected from erosion using weed -free straw, mulches, hydroseed, or similar methods
and revegetated, as applicable.
H. Projects that propose fill shall make every effort to acquire fill onsite (also known as compensatory
storage) where appropriate.
I. Fill should not obstruct, cut off, or isolate stream corridor features.
17.07.070 Industry
The following provisions apply to any development, construction, or use of land for industrial purposes
within Shoreline jurisdiction:
A. Water -dependent uses shall be given preference over nonwater-dependent uses. Water -oriented
industrial uses shall be given preference over nonwater-oriented uses.
B. Facilities and structures shall be designed and screened with vegetation to minimize degradation of
shoreline aesthetic qualities.
C. The location, design, and construction of industrial uses and redevelopment are required to
demonstrate no net loss of ecological functions and that significant adverse impacts to other
shoreline resources and values are avoided. Industries which have proven to be environmentally
hazardous are prohibited from locating along the shorelines provided such industries may be
allowed consistent with the Shoreline Use and Modification Matrix (Table 03.070-1) if a hazard
mitigation plan is approved by the Shoreline Administrator upon a finding that the plan would
adequately mitigate hazards and provide for no net loss of ecological function. If the plan is found
insufficient for protection of the shoreline environment, the Shoreline Administrator may require a
third -party review of the hazard mitigation plan at the applicant's expense.
D. New industrial uses and redevelopment of industrial uses shall provide for environmental cleanup
and restoration in degraded or contaminated locations.
E. Application for new industrial activities shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. That a nonwater-oriented use is part of a mixed-use development that includes a water -
dependent use, or;
3. Navigability is severely limited at the proposed site and the use will provide a significant public
benefit towards meeting SMA objectives, such as providing public access and ecological
restoration, or;
4. That a nonwater-oriented use is physically separated from the shoreline by either a public
right-of-way or a separate parcel.
F. New or expanded industrial developments shall be required to make adequate provisions for public
and private visual and physical shoreline access unless such a requirement would interfere with
operations or create hazards to life or property or another exception is met consistent with YMC
17.05.040.
17.07.080 In -Water Structures
A. Prohibited and allowed projects. Projects that damage fish and wildlife resources, degrade
recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood
stages and velocities are prohibited. Structures waterward of the ordinary high-water mark allowed
only for water -dependent uses, public access, shoreline stabilization, or other specific public
purpose.
B. Soil stabilization. Upland cut -and -fill slopes and back-filled areas resulting from installation of in -
water structures shall be stabilized with bioengineering approaches, including, but not limited to
brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss
of shoreline ecological functions and processes. In order to ensure soil stabilization, revegetation
must include native shrubs or trees and may not be limited to native grasses.
C. Water quality. In -water structures shall be constructed and maintained in a manner that does not
degrade the quality of affected waters. The City shall require conditions to achieve this objective.
D. Prohibited structures. In -water structures may not utilize components other than those designed
expressly for the approved in -water use.
E. Natural features. Natural in -water features, such as snags, uprooted trees, or stumps, shall be left in
place unless it can be demonstrated that they are actually causing bank erosion or higher flood
stages or pose a hazard to navigation or human safety.
F. Protect functions, processes and cultural resources. In -water structures shall provide for the
protection and preservation of ecosystem -wide processes, ecological functions, and cultural
resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline
critical areas, hydrogeological processes, and natural scenic vistas. The location and planning of in -
water structures shall give due consideration to the full range of public interests, watershed
functions and processes, and environmental concerns, with special emphasis on protecting and
restoring priority habitats and species.
G. Design. In -water structures shall be designed by a qualified professional as determined by the
Shoreline Administrator. In -water structures shall preserve valuable recreation resources and
aesthetic values such as point and channel bars, islands, and braided channels. In -water structures
shall not be a safety hazard or obstruct water navigation as determined by the Shoreline
Administrator.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
H. Permits. Construction of in -water structures may not commence without having obtained all
applicable Federal, State, and local permits and approvals.
I. Public access. Design of in -water structures by public entities, including the City, other local
governments, state and federal agencies, and public utility districts, shall include access to public
shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable
public health and safety hazards, security problems, unmitigatable ecological impacts, unavoidable
conflicts with proposed uses, or unreasonable cost. At a minimum, in -water structures should not
decrease public access or use potential of shorelines.
17.07.090 Mining
The following provisions shall apply to commercial mining within shoreline jurisdiction. Processing and
other activities that occur off-site or after active mineral extraction has concluded on-site are also
regulated as an industrial use (see YMC 17.07.070):
A. Prior to the authorization of a commercial mining operation, the project proponent shall provide
maps to scale which illustrate the following:
1. The extent to which excavation and processing will affect or modify existing stream corridor
features, including existing riparian vegetation;
2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a
result of mining excavation;
3. The description, location, and extent of any proposed subsequent use that would be different
than existing uses.
B. The operations and any subsequent use or uses shall not cause permanent impairment or loss of
floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the
feature's replacement at equal value, except wetlands which shall be mitigated according to
guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State,
Parts 1 and 2 (March 2006 or as updated).
C. Except where authorized by the City in consultation with the State Department of Fish and Wildlife
and Department of Ecology, the following shall apply:
1. The excavation zone shall be located a minimum of one hundred feet upland from the
ordinary high water mark (OHWM) of the stream channel.
2. Equipment shall not be operated, stored, refueled, or provided maintenance within one
hundred feet of the OHWM.
3. Washing, crushing, screening, or stockpiling of mined materials shall not occur within one
hundred feet of the OHWM.
D. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface
Mine Reclamation standards (WAC 332-18, RCW 78.44).
E. Additional Shoreline Standards for Industrial Mining -
1. Applicants shall submit a mining and reclamation plan to the Shoreline Administrator
describing the proposed site, quantity of material to be removed, method of removal, and
measures that will be taken to protect lakes and streams from siltation and sedimentation. A
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surface mining plan or a reclamation plan judged by the Shoreline Administrator to be
insufficient for protection or restoration of the shoreline environment shall cause denial of a
Shoreline permit.
2. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from
flooding.
3. New mining and associated activities shall assure that proposed subsequent use of the mined
property is consistent with the provisions of the environment designation and that
reclamation of disturbed shoreline areas provides appropriate ecological functions consistent
with the setting.
17.07.100 Recreational Development
The following provisions apply to any development, construction, or use of land or water for
recreational purposes within Shoreline jurisdiction, whether public or commercial.
A. Recreational activities must be compatible with existing or proposed uses in the area and must not
create a noise, traffic, visual or similar problem.
B. The location, design, and operation of recreational facilities shall be consistent with the purpose of
the environmental designation.
C. Recreational uses and facilities located within shoreline jurisdiction shall include features that relate
to access, enjoyment and use of the water and shorelines of the state. Access to recreational areas
should emphasize both consolidated park or open space areas and trail access. Linkage of shoreline
parks and public access points by means of linear access should be encouraged.
D. Different uses within a specific recreational facility must be compatible with each other.
E. Commercial components of the use that are not explicitly related to the recreational operation must
also conform to the Commercial use standards of YMC 17.07.050 (Commercial and Service
Development).
F. Recreational development shall demonstrate achievement of no net loss of ecological functions.
G. Applicants may apply for a multiyear recreation maintenance plan for exempt and non-exempt
repair and maintenance activities consistent with YMC 17.07.170.
17.07.110 Residential Development
The following provisions apply to any development, construction, or use of land for residential
purposes within Shoreline jurisdiction.
A. New multiunit development, plats or subdivisions containing land adjacent to publicly owned or
controlled bodies of water shall allow for pedestrian access to such waterbodies for residents and
the public consistent with YMC 17.05.040.
B. Residential development and preliminary plats shall contain plans indicating how shoreline
vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion control
plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan
is found insufficient for protection of the shoreline environment the Shoreline Administrator may
require a third -party review at the applicant's expense.
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C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control
structures are not necessary to protect proposed residences. A geotechnical analysis (see definition
in YMC 17.01.090) shall be provided to demonstrate that such structures are unnecessary to protect
proposed residences; this study may be waived by the Shoreline Administrator if a study or
information provided by the USACE, FEMA, Ecology, or other agency exists and provides sufficient
information to conclude that shoreline stabilization and flood control structures are not necessary.
D. New floating residences and over -water residential structures shall be prohibited in shoreline
jurisdiction.
E. Private lake owners or homeowners associations may apply for a multiyear residential maintenance
plan for exempt and non-exempt repair and maintenance activities consistent with YMC 17.07.170.
F. Single-family residences identified as a priority use only when developed in a manner consistent
with control of pollution and prevention of damage to the natural environment.
17.07.120 Shoreline Habitat and Natural Systems Enhancement Projects
A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities
proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat
for priority species in shorelines. Such projects may include shoreline modification actions such as
modification of vegetation, removal of non-native or invasive plants, shoreline stabilization,
dredging, and filling, provided that the primary purpose of such actions is clearly restoration of the
natural character and ecological functions of the shoreline. This section does not apply to
mitigation.
B. Approved plan. Restoration and enhancement shall be carried out in accordance with an approved
shoreline restoration plan.
C. Protect adjacent resources. All shoreline restoration and enhancement projects shall protect the
integrity of adjacent natural resources, including aquatic habitats and water quality.
D. Maintenance and monitoring. Long-term maintenance and monitoring (minimum of three years, but
preferably longer) shall be arranged by the project applicant and included in restoration or
enhancement proposals.
E. Adverse affects. Shoreline restoration and enhancement may be allowed if the project applicant
demonstrates that no significant adverse changes to sediment transport or river current will result
and that the enhancement will not adversely affect ecological processes, properties, or habitat.
F. Use of best information and BMPs. Shoreline restoration and enhancement projects shall be
designed using the best available scientific and technical information, and implemented using best
management practices.
G. Public use of waters and lands. Shoreline restoration and enhancement shall not interfere with lands
or waters dedicated specifically for public use, as determined by the Shoreline Administrator,
without appropriate mitigation. For projects on state-owned aquatic lands, project proponents
must coordinate with the Washington Department of Natural Resources to ensure the project will
be appropriately located prior to the solicitation of permits from regulatory agencies.
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H. Relief for OHWM shifts. Applicants seeking to perform restoration projects are advised to work with
the City to assess whether and how the proposed project is allowed relief under RCW 90.58.580, in
the event that the project shifts the OHWM landward.
17.07.130 Shoreline Stabilization
A. Shoreline stabilization projects shall be allowed only where there is evidence of erosion which
clearly represents a threat to existing property, structures, uses or facilities, and which stabilization
will not jeopardize other upstream or downstream properties. A geotechnical analysis must
estimate time frames and rates of erosion and report on the urgency associated with the specific
situation. New hard shoreline stabilization solutions to protect primary structures shall not be
authorized except when a report confirms that there is a significant possibility that such a structure
will be damaged within three years as a result of shoreline erosion in the absence of such measures,
or where waiting until the need is that immediate would foreclose the opportunity to use measures
that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to
prevent potential damage to a primary structure, but the need is not as immediate as the three
years, that report may still be used to justify more immediate authorization to protect against
erosion using soft measures.
B. New development shall be located and designed to avoid the need for future shoreline stabilization
to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not
require shoreline stabilization in order for reasonable development to occur using geotechnical
analysis of the site and shoreline characteristics.
C. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies
or professionals with appropriate expertise.
D. Stabilization projects shall be limited in size to the minimum protective measures necessary, and
shall use measures designed to assure no net loss of shoreline ecological functions and avoidance
and minimization of impacts to sediment transport processes. Soft approaches shall be used unless
demonstrated not to be sufficient to protect primary structures, dwellings, and businesses.
E. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore
does not extend beyond the original ordinary high water mark, finished grades are consistent with
abutting properties, a restoration plan is approved for the area, and the fill material is in compliance
with YMC 17.07.060 (Fill).
F. Stabilization projects shall use design, material, and construction alternatives that do not require
high or continuous maintenance and which prevent or minimize the need for subsequent
stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to
be used in shore stabilization projects.
G. Shoreline stabilization measures shall be designed, located, and constructed in such a manner as
to minimize the disruption of natural channel characteristics.
H. Required geotechnical reports shall meet the provisions of the definition provided in 17.01.090.
I. Demonstration of necessity. New structural shoreline stabilization measures shall not be allowed
except when necessity is demonstrated in the following manner:
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a. New or enlarged structural stabilization measures to protect an existing primary
structure, including residences, shall not be allowed unless there is conclusive evidence,
documented by a geotechnical analysis that the structure is in danger from shoreline
erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or
shoreline erosion itself, without a scientific or geotechnical analysis, is not
demonstration of need. The geotechnical analysis should evaluate on-site drainage
issues and address drainage problems away from the shoreline edge before considering
structural shore stabilization.
b. Erosion control structures in support of new nonwater-dependent development,
including single-family residences, when all of the conditions below apply:
1. The erosion is not being caused by upland conditions, such as the loss of vegetation
and drainage.
ii. Nonstructural measures, such as placing the development farther from the
shoreline, planting vegetation, or installing on-site drainage improvements, are not
feasible or not sufficient.
iii. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report. The damage must be caused by
natural processes, such as currents and waves.
c. Erosion control structures in support of water -dependent development when all of the
conditions below apply:
1. The erosion is not being caused by upland conditions, such as the loss of vegetation
and drainage.
ii. Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient.
iii. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report.
d. 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.
J. An existing shoreline stabilization structure may be replaced with a similar structure if there is a
demonstrated need to protect principal uses or structures from erosion. For purposes of this
section, "replacement" means the construction of a new structure to perform a shoreline
stabilization function of an existing structure which can no longer adequately serve its
purpose. Additions to or increases in size of existing shoreline stabilization measures shall be
considered new structures.
K. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or
existing structure unless the residence was occupied prior to January 1, 1992, and there are
overriding safety or environmental concerns. In such cases, the replacement structure shall
abut the existing shore stabilization structure.
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L. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions
may be permitted waterward of the ordinary high-water mark.
17.07.140 Signs
A. Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington
State Scenic Vistas Act of 1971, where applicable.
B. Signs shall meet applicable City municipal code requirements regarding size, location, lighting, and
other relevant performance standards.
C. Proposals for signage shall submit plans for signage at the time of application for shoreline permits,
including shoreline exemptions.
D. The Shoreline Administrator may condition signage regarding size, illumination, and placement, to
ensure that signage is compatible with adjacent shoreline environments and does not:
1) significantly (see definition in YMC 17.01.090) obstruct visual access to the water from public
lands or a substantial number of residences per Section 17.03.080 Development Standards and
shorelines hearings board case law; or 2) impair scenic vistas to the Yakima Greenway or Naches
River or associated lakes; or
3) impair driver vision such as due to lines of sight, type or frequency of lighting, or other feature
that has the potential to result in safety concerns.
17.07.150 Transportation and Parking
The following provisions shall apply to the location and construction of roads; railroads; bridges;
water crossings; pedestrian, bicycle, and public transportation; and parking within shorelines, where
appropriate.
A. Transportation and parking activities consistent with exemptions in YMC 17.13.050 are exempt from
the requirement to obtain a Shoreline Substantial Development Permit, but shall meet applicable
provisions of this Master Program. Applicants may apply for a multiyear transportation maintenance
plan for exempt and non-exempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded transportation and parking facilities must be designed and located where they will
have the least possible adverse effect on unique or fragile shoreline features, will not result in a net
loss of shoreline ecological functions, and will not adversely impact existing or planned water -
dependent uses.
C. New or expanded roads and railroads shall not be located within a designated stream corridor
except where it is necessary to cross the corridor, or where existing development, topography, and
other conditions preclude locations outside the stream corridor. Applications for new or expanded
roads and railroads shall demonstrate through engineering studies that a shoreline location is the
most feasible of the available options.
1. Construction of roadways or railroads across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
2. Roadways or railroads that must run parallel to stream or wetland edges shall be along routes
having the greatest possible distance from stream or wetland and the least impact to the
corridor.
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3. Roadways or railroads within the stream corridor shall not hydrologically obstruct, cut-off or
isolate stream corridor features.
D. Material excavated from the roadway area to achieve the design grade shall be used as fill where
necessary to maintain grade, or shall be transported outside the corridor if it contains material
unsuited to the current construction project. Spoil, construction waste, and other debris shall not be
used as road fill or buried within the stream corridor.
E. Bridges, water -crossing structures, or necessary fill to elevate roadways shall not constrict the
stream channel; impede the normal flow of floodwaters, sediment, and woody debris; or cause
displacement that would increase the elevation of flood waters such that it would cause properties
not in the floodplain to be flood -prone.
F. Natural stream channels and drainage ways shall be preserved through the use of bridges for
crossings, unless the use of culverts is demonstrated to be the only technically feasible means for
crossing. The use of bridges shall be the preferred means to preserve natural streams and
drainageways. Where bridges are not feasible, large, natural bottom culverts; multi -plate pipes; and
bottomless arches shall be used, and shall be designed consistent with the latest guidance from the
Washington Department of Fish and Wildlife.
G. Roads and bridges within floodways must meet flood hazard regulations of YMC 17.09.020.
H. Parking — the standards in this section only apply to new or expanded uses within Shoreline
jurisdiction.
1. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary
to support an authorized use consistent with the use matrix and definitions in YMC 17.03.070
and 17.01.090, respectively.
2. Parking areas shall be located upland of the areas they serve, unless:
a. A location waterward is required to meet Americans with Disabilities Act requirements,
or
b. No other feasible location upland of the area served is possible due to topographical or
other physical constraints.
c. In the above cases 2a and 2b, parking shall be located as far upland from the OHWM as
feasible, recognizing the limited supply of shoreline areas.
3. Proposals for new or expanded parking facilities shall minimize environmental and visual
impacts of parking facilities through compliance with YMC Chapter 17.05 General Regulations,
YMC Chapter 17.09 Critical Areas, and applicable City zoning standards addressing lighting and
landscaping.
17.07.160 Utilities
The following provisions shall apply to the location, construction, or installation of utility transmission
lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within
shoreline jurisdiction:
A. Utilities activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to
obtain a Shoreline Substantial Development Permit, but shall meet applicable provisions of this
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Master Program. Applicants may apply for a multiyear utilities maintenance plan for exempt and
non-exempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded nonwater-oriented utility production and processing facilities, such as power
plants and sewage treatment plants, or parts of those facilities that are nonwater-oriented, shall not
be allowed in shoreline jurisdiction unless it can be demonstrated that:
1. No other feasible option is available, or
2. The new location is necessary due to channel migration or levee setback, or
3. The facilities are being added or improved to meet federal or state mandates.
C. Utility transmission lines and facilities shall be permitted within the stream corridor only where
it is necessary to cross the corridor or where existing development, topography, and other
conditions preclude locations outside the stream corridor. For example, lines and facilities that are
essential public facilities (e.g. regional sewer facilities) that must cross the stream are permitted.
1. Utility transmission lines and facilities across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
2. The construction of utility transmission lines and facilities within a stream corridor shall be
designed and located to ensure minimum disruption to the functional properties specified
under YMC 17.09.030.
D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement
or repair with minimal disturbance to the stream corridor.
E. Buried utility transmission lines crossing a stream corridor shall be buried a sufficient depth below
the bankfull depth of the waterway, associated floodway and floodplain to the maximum extent of
potential channel migration as determined by hydrologic analysis.
F. Preference shall be given to utility systems contained within the footprint of an existing right-of-way
or utility easement over new locations for utility systems. Wherever possible, new above ground
installations shall use available, existing bridge and utility locations and stream corridor
crossings as opposed to creating new locations and stream corridor crossings.
G. Above ground electrical support towers and other similar transmission structures shall be located as
far upland as is practical.
H. Transmission support structures shall be located clear of high flood velocities, located in areas
of minimum flood depth which require the least floodproofing, and shall be adequately
floodproofed.
I. Underground utility transmission lines shall be constructed so they do not alter, intercept or
dewater groundwater patterns that support streams, wetlands and hyporheic flow.
J. All new and replacement water supply systems and wastewater systems within a special flood
hazard area must meet the requirements of YMC 17.09.020 Flood Hazard Areas.
K. Utility transmission lines within the floodway fringe or floodway shall meet the standards of YMC
17.09.020 Flood Hazard Areas
L. 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
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separate Substantial Development Permits for utility service installations, but are subject to all of
the provisions in this section, except those listed below. Utility service to projects outside Shoreline
jurisdiction is subject to normal Shoreline permitting, and is subject to all of the provisions in this
section, except those listed below.
1. Where feasible, utilities shall be placed underground unless such undergrounding would be
economically or technically prohibitive.
2. New utility facilities shall be designed and located to preserve the natural landscape, and
minimize conflicts with present and planned land and shoreline uses, especially recreation,
residential and public access.
3. Expansion, updating, and maintenance of existing facilities is allowed, but shall be designed to
be located to avoid adverse impacts and achieve no net loss of ecological function to shoreline
resources as much as possible.
4. The presence of existing utilities shall not justify more intense development beyond levels
planned in the Comprehensive Plan or zoning.
5. Permit applications shall meet the following submittal review standards:
a. Applications shall submit studies (social, economic, environmental, engineering, etc.) to
demonstrate that a shoreline location is the most feasible of the available options.
b. Applications to locate transmission lines shall submit a location plan that shows existing
utility routes in the vicinity of the proposed transmission line. Failure of utility lines to
follow existing routes, where feasible, shall cause denial of the application.
c. Applications shall include a reclamation plan that provides for re -vegetation and
protection of shoreline areas from erosion and siltation. A re -vegetation or erosion
protection plan shall demonstrate adequate protection of vegetation and avoidance of
soil erosion. If the plan is found insufficient for protection of the shoreline environment,
the Shoreline Administrator may require a third -party review at the applicant's expense.
17.07.170 Redevelopment, Repair, and Maintenance
This section addresses how regulations apply to redevelopment, repair, or maintenance activities;
clarifies how SMP standards proportionally apply to redevelopment activities; and provides a process for
multi-year management plans for maintenance and repair.
A. SMP provisions shall not apply retroactively to existing uses and developments.
B. Legally established uses and developments may be maintained, repaired, and operated within
shoreline jurisdiction and within shoreline and critical area buffers established in this SMP. Normal
maintenance and repair, as specified in YMC 17.01.09013.050, is exempt from a Shoreline
Substantial Development Permit, but not the standards of the SMP.
C. Consistent with the Applicability provisions of YMC 17.01.020, SMP standards shall apply to
expansions or alterations of uses or developments and to new development or redevelopment of a
property as follows:
1. The Shoreline Administrator shall determine the extent of compliance with SMP provisions.
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2. The required provisions shall be related to and in proportion to the proposal. For example, if
an upper story is added to a structure, requirements related to building heights and views
may apply. If vegetation is removed beyond normal maintenance pursuant to YMC 17.05.030,
vegetation conservation and shoreline buffer standards may apply.
D. In order to provide consistent interpretation of SMP exemptions, streamline permitting, determine
applicable SMP standards regarding maintenance or repair activities, apply best management
practices or protocols to ensure no -net -loss of shoreline ecological function, and identify the need
for notification of activities, the City may approve multi-year programmatic shoreline exemptions
consistent with specific exempt activities allowed in YMC 17.13.050 for the following types of uses
and modifications.
1. Dredging
2. Private development and facilities on private lakes
3. Public Parks and Recreation
4. Transportation facilities
5. Utility facilities, including, but not limited to wastewater and water systems
E. Applicants for multi-year maintenance plans shall provide the following information for
consideration by the Shoreline Administrator:
1. Description of proposed maintenance activities and best management practices;
2. Type, methods, and frequency of maintenance or repair activities;
3. Length of requested multi-year maintenance plan. Multi-year maintenance approval should
not exceed five years, except where expressly allowed in this Master Program;
4. Specification of which activities the applicant will regularly notice the City or which do not
require advanced notice;
5. Description of aquatic habitat protection measures and any applicable permits received for
that work;
6. Description of riparian and wetland protection measures and any applicable permits received
for that work;
7. Description of stormwater management practices to reduce both water quantity and water
quality impacts and any applicable permits received for that work;
8. Description of erosion and sediment control practices that prevent off-site movement;
9. Description of re -vegetation or restoration activities following maintenance or repair; and
10. Description of chemical and nutrient use and containment practices such as Integrated Pest
Management (IPM).
11. Description of compliance with use -specific criteria in subsections F to J below.
F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.050.
G. Private development and facilities on private lakes.
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1. A multi-year maintenance plan for private development and facilities on private lakes shall be
consistent with covenants, codes, and restrictions of a property owners association, where
such an association exists.
2. The applicable use or modification performance standards of Chapter 17.07 shall be
demonstrated to be met by applications for multi-year maintenance plans.
H. Public Parks and Recreation.
1. A multi-year maintenance plan for public parks and recreation facilities shall describe
management objective or desired outcome for shoreline habitat and water quality topics
stated in application criteria E.3 to E.9 above, specific performance requirements for each
standard, and corrective actions that would be implemented if the performance
requirement(s) is not met.
2. Applications for parks and recreation maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.100.
I. Transportation facilities.
Applications for transportation maintenance plans shall demonstrate compliance with regulations in
YMC 17.07.150.
J. Utility facilities. Applications for utility maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.160.
K. City authorization of multi-year programmatic maintenance plans.
1. The City may approve multi-year programmatic maintenance plans that solely contain exempt
activities consistent with the interpretation process of YMC 17.13.020, when consistent with
the following criteria:
a. The policies and procedures of the SMA;
b. The provisions of WAC 173-27;
c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
d. This Title 17.
2. The City may approve multi-year programmatic maintenance plans that include a combination
of exempt and non-exempt activities. The permit process shall follow the permit process
consistent with non-exempt activities pursuant to YMC 17.03.070, Shoreline Use and
Modification Matrix. The criteria for approval shall follow the applicable criteria for the permit
type in Chapter 17.13, e.g. Shoreline Substantial Development Permit or Shoreline Conditional
Use Permit.
3. The City may attach conditions to the approval of multi-year maintenance plans as necessary
to assure consistency of the project with the Act and this SMP. Additionally, nothing shall
interfere with the City's ability to require compliance with all other applicable laws and plans.
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CHAPTER 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION
17.09.010 General Provisions
A. Purpose of Chapter. The purpose of YMC Chapter 17.09 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. Yakima Municipal Code Chapter 17.09 establishes policies, standards, and other
provisions pertaining to development within designated critical areas regulated under the provisions
of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood
Insurance Program. Wetlands, streams, stream corridors and rivers, areas with a critical recharging
effect on aquifers used for potable water, fish and wildlife habitat conservation areas; frequently
flooded areas; and geologically hazardous areas 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 Urban Area Comprehensive Plan;
7. Implement the goals and requirements of the Washington Growth Management Act (RCW
36.70A), the Shoreline Management Act (RCW 90.58), 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.
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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 and upon any land within shoreline jurisdiction that is mapped and designated as a
special flood hazard area under the National Flood Insurance Program. However, this Chapter does
not apply to the situations below, except that the Flood Hazard protection provisions of YMC
17.09.020 will continue to apply as determined by YMC 17.09.020.A -G:
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 non -conforming uses.
2. It is the intent of this Chapter to permit these pre-existing legally non -conforming 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, is 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, over steepened slope hazard areas,
landslide hazard areas and suspected geologic hazard areas. Other critical areas
provisions continue to apply.
E. Critical Area 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 YMC 17.09.010. H 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 WAC 173-27.
5. Coordination with Other Jurisdictions.
1. 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
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development permit or authorization. The decision of the Shoreline Administrator shall
be based upon the following criteria:
a. The nature and scope of the project and the critical area features involved or
potentially impacted;
b. The purpose or objective of the permit or authorization and its relationship to
protection of the critical area;
c. The feasibility of coordinating the critical area development authorization with
other permitting agency;
d. The timing of the permit or authorization.
2. 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 area 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 area development authorization
shall be coordinated to coincide with other permits and authorizations.
INQUIRY AND EARLY ASSISTANCE
F. Critical Area Identification Form and Critical Area 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 Area Identification Form and site plan, the Shoreline Administrator
or designee may conduct a site examination to review critical area 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 area report shall be submitted in conformance with YMC 17.09.010.P
and YMC 17.09.010.Q 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 area 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:
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1. 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. Pre -application Conference. Any new development or use falling under the provisions of this
Chapter may be subject to a pre -application conference. Prior to the pre -application conference,
the project proponent must submit a Critical Area Identification From and preliminary site plan.
1. A project review for flood hazards shall follow the pre -application requirements established to
administer Part Four Flood Hazard Areas.
2. The pre -application conference is intended to allow the Shoreline Administrator or designee
to:
a. Establish the scope of the project and identify potential concerns that may arise;
b. Identify permits, exemptions, and authorizations, which the project proponent may
need to obtain;
c. 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;
d. Provide the proponent with resources and technical assistance (such as maps, scientific
information, other source materials, etc.); and,
e. 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 non-invasive 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, re -roofing, etc.
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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 (2) 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 17.09.030.0 and YMC
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; and
3. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated
for as specified in YMC 17.05.0240.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 (March 2006 or as
updated).
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,
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c. Excavation, fill, drainage facilities, impervious surfaces, topography, slope; and,
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 YMC 17.09.010.P and YMC 17.09.010.0.
3. To be complete, a critical area development authorization application must include all maps,
drawings and other information or data specified by this Chapter or requested on the basis of
the pre -application conference (YMC 17.09.010.G).
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 YMC Chapter 17.13.
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. Except: Permits or reviews under YMC 17.09.020 shall follow the
development regulations and procedures of YMC 17.09.020.
1. Development authorizations shall be processed in accordance with Statutory Noticing
Requirements in YMC 17.13.030 and with specific requirements provided in YMC Chapter
17.13, 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 YMC 17.09.010.R and with YMC 17.09.030-060.
4. Decisions on a development authorization shall be consistent with YMC 17.09.010.M, YMC
17.09.010.N, and with any specific decision criteria provided under the section for each
relevant permit type, as provided in YMC Chapter 17.13 and YMC 17.09.010.R.
M. Authorization Decisions — Basis for Action.
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1. In addition to meeting the Shoreline permit -specific criteria in YMC Chapter 17.13, 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. Compliance with flood hazard mitigation requirements of YMC 17.09.020;
f. 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 (1) of the
following actions:
a. Grant the development authorization;
b. Grant the development authorization with conditions, as provided in YMC 17.09.010.N,
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.
0. Fees and Charges. The Yakima City Council shall establish the schedule of fees and charges listed in
YMC Chapter 15.26 (City of Yakima Fee Schedule), 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 area report shall:
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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 YMC 17.09.010.Q).
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 (5) 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 area
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 area delineations / maps shall be provided to the City by means of a GPS
projected coordinate system data setas 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 identity the type and characteristics of the hazard;
c. An analysis of potential adverse impacts and how they will be mitigated or avoided.
Geological 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
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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 area 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 area
report as appropriate.
13. Compensatory Mitigation Plans - When compensatory mitigation, as described in YMC
17.09.010.1, are proposed for wetland areas or stream channels, the applicant shall submit a
mitigation plan as part of the critical area 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 area report proposed; and,
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,
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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:
1. 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 (5) years;
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 YMC 17.09.010.R.1.
g.
14. Innovative Mitigation.
a. Advanced mitigation or mitigation banking are examples of alternative mitigation
projects allowed under the provisions of this section. One (1) 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
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Q.
76
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.
Supplemental Report Requirements for Specific Critical Areas
1. Stream Corridors: When a critical areas report is required for a stream corridor or
hydrologically related critical 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; and,
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.
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 March
2007 (Ecology Publication #04-06-15, or as revised);
b. All delineated wetlands and required buffers within two hundred (200) 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;
iv. Wetland category, including vegetative, faunal, and hydrologic characteristics; and,
d. For projects that will affect the wetland or buffer, provide the following:
1. 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
17.09.040.D.1 and YMC 17.09.030.E; and,
ii. Mitigation sequencing, pursuant to YMC 17.05.0210.D to avoid, minimize, and
mitigate impacts shall result in "not net loss" of acreage or functional values of
wetlands and shall follow the guidance provided in YMC 17.09.040.E.
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
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 the YMC Title 11 (Building Code);
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 up-slope and/or the impacts of landslide run -out on down-slope
properties and critical areas.
4. Flood Hazards. Prior to authorization of any construction within a floodplain, which can be
anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the
base flood, an engineering report shall be prepared by a licensed engineer in the State of
Washington that establishes any new flood elevations that would result for the one -hundred -
year flood frequency if the project were implemented.
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 and twenty-five percent
(125%) of the estimated cost of the uncompleted actions and/or the estimated cost of
restoring the functions and values of the critical area that are at risk.
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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 (5) years after completion of the work to ensure that the required mitigation has
been fully implemented and demonstrated to function.
If public funds have previously been committed for mitigation, maintenance,
monitoring, or restoration, a financial guarantee will not be required.
Failure to satisfy critical area 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.
f.
g.
1. 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 (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 (Title 14) and Zoning
Ordinances (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, Over -steepened 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, useable building
envelopes (5,000 square feet or more for residential uses) shall be provided on
the plat that lies outside said critical areas.
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iii. New lots partially within the floodplain shall provide a usable building envelope
(5,000 square feet or more for residential uses) outside the floodplain;
iv. New lots entirely within the floodplain shall be at least one (1) 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 a Geologically Hazardous Areas (excluding
Erosion, Over Steepened 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.
17.09.020 Flood Hazard Areas
GENERAL PROVISIONS
A. Flood Hazard Areas Established. The special flood hazard areas identified by the Federal Emergency
Management Agency (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary,
and Floodway Maps, and any amendments thereto made by the Federal Emergency Management
Agency, which, are adopted by reference and declared to be part of YMC 17.09.020 and are
established as flood hazard areas. The Flood Insurance Study and maps are on file with the City of
Yakima, Washington.
B. Principles. YMC 17.09.020 recognizes the right and need of the river channel to periodically carry
more than the normal flow of water and establishes regulations to minimize loss of life and
property, restrict uses, and regulate structures consistent with the degree of flood hazard. In
advancing the above principals, the intent of YMC 17.09.020 is to:
1. Alert the county assessor, appraisers, owners, potential buyers and lessees to the natural
limitations of flood -prone land;
2. Meet the minimum requirements of the National Flood Insurance program; and,
3. Implement state and federal flood protection programs.
C. Applicability. The guidelines and regulations set forth herein, YMC Title 11, and related Building
Codes shall apply to all special flood hazard areas.
1. The provisions of YMC 17.09.020 of this Chapter shall apply to any development proposed in a
special flood hazard area;
2. Flood hazard permits shall be approved by the City of Yakima. Approval shall only be granted
in accordance with YMC 17.09.020 of this Chapter and other applicable local, state, and
federal regulations;
3. Topographic, engineering and construction information necessary to evaluate the proposed
project shall be submitted to the department for approval; and,
4. The granting of a permit for any development or use does not constitute a representation,
guarantee or warranty of any kind or nature by the City of Yakima, or its employees, of the
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practicality or safety of any structure or proposed use, and shall not create liability upon or
cause action against the above mentioned body, or employee, for any damage that may
result.
D. Documented Exemptions. The following uses and activities are exempt from the provisions of YMC
17.09.020, but are not exempt from this SMP (Title 17) or related shoreline permit requirements in
Chapter 17.13:
1. Any alteration of building, site, structure, district, or object listed in, or determined to be
eligible for listing in, the National Register of Historic Places, the Washington Heritage
Register, the Yakima Register of Historic Places, or included in a state inventory of historic
properties;
2. The installation and maintenance of aboveground utility transmission lines and poles; and,
3. Private driveways, fences and other accessory activities and/or uses necessary for agricultural
uses which the administrative official determines will not unduly decrease flood storage or
capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried
by floodwaters, and will resist flotation and collapse.
E. Interpretations
1. In the interpretation and application of YMC 17.09.020 of this Chapter, the provisions shall be
considered as minimum requirements; and shall be strictly construed in favor of the policies
and standards herein; and deemed neither to limit nor repeal any other powers granted under
state statute. Its provisions shall be applied in addition to and as a supplement to provisions of
the Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14,
Subdivisions; and, Title 15, Urban Area Zoning Ordinance. YMC 17.09.020.A - 17.09.020.AG
are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. Where these ordinances and other ordinances conflict or overlap, the standard
imposing the more stringent requirement shall prevail.
2. In an interpretation as to an exact location of the boundaries of the special flood hazard areas
(i.e., conflict between a mapped boundary and actual field conditions), the person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation. Such appeals shall be granted consistent with the standards of the National
Flood Insurance Program § 60.6 (See 44 CFR 59, et seq. and IBC 104.1).
F. Compliance. No structure or land shall hereafter be used, constructed, located, extended,
converted, or altered without full compliance with the terms of YMC 17.09.020 of this Chapter and
other applicable regulations.
G. Warning and Disclaimer of Liability. The degree of flood protection required by YMC 17.09.020 of
this Chapter is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. YMC 17.09.020 does not imply that land outside the area
of special flood hazards or permitted uses within such area will not be subject to flooding or flood
damage.
PROTECTION STANDARDS
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H. General Standards. The following regulations shall apply in all special flood hazard areas pursuant to
the IBC, ASCE-24, and Hud 24 CFR Part 3280:
1. Anchoring and Construction Techniques.
a. All new construction and substantial improvements shall be:
i. Anchored to prevent flotation, collapse or lateral movement of the structure; and
ii. Constructed using materials and utility equipment resistant to flood damage; and
iii. Constructed using methods and practices that minimize flood damage; and
iv. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as
to prevent water from entering or accumulating within the components during
conditions of flooding.
b. All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over -the -
top or frame ties to ground anchors (Reference FEMA's Manufactured Home Installation
in Flood Hazard Areas guidebook for additional techniques). Anchoring shall meet the
specifications set forth below for structures located within one hundred (100) feet of a
floodway or the ordinary high water mark if no floodway has been established.
c. All new construction and any improvements or additions to existing floodproofed
structures that would extend beyond the existing floodproofing located within one
hundred (100) feet of the floodway or one hundred (100) feet of the ordinary high water
mark if no floodway has been established, shall be elevated to a height equal to or
greater than the base flood, using zero -rise methods such as piers, posts, columns, or
other methodology, unless it can be demonstrated that non -zero -rise construction
methods will not impede the movement of floodwater or displace a significant volume
of water. The size and spacing of any support devices used to achieve elevation shall be
designed to penetrate bearing soil, and be sufficiently anchored, as specified above in
subsection 1.a of this section.
d. Except where otherwise authorized, all new construction and substantial improvements
to existing structures shall require certification by a registered professional engineer,
architect or surveyor that the design and construction standards are in accordance with
adopted floodproofing techniques.
2. Utilities. All new and replacement water supply systems and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters; and on-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
3. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage;
c. Have adequate drainage provided to reduce exposure to flood damage;
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d. Include base flood elevation data; and,
e. In the cases where base flood elevation is not available and the subdivision is greater
than 5 acres or 50 lots, a step -back water analysis shall be require to generate the base
flood elevation data.
4. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of
any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a
watercourse in riverine situations, the department shall notify adjacent communities, the
Department of Ecology and FEMA of the proposed development.
I. Specific Standards. In all special flood hazard areas where base elevation data has been provided as
set forth in YMC 17.09.020.A, the following regulations shall apply, in addition to the General
Standards of YMC 17.09.020.H:
1. Residential Construction. (See IRC 323.2)
a. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated at a minimum to or above the base flood
elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or must meet
or exceed the following minimum criteria:
1. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one (1) foot above grade; and,
iii. Openings may be equipped with screens, louvers, or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
c. Residential construction within one hundred (100) feet of a floodway, or the ordinary
high water mark if no floodway has been established, shall also meet the requirements
of YMC 17.09.020.H.1.c.
2. Nonresidential Construction (44 CFR 60.3(C)(3) & (4)). New construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall either have
the lowest floor, including basement, elevated one foot or more above the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans; and,
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d. Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in YMC 17.09.020.I.1.b.
3. Manufactured Homes. Manufactured homes shall be anchored in accordance with YMC
17.09.020.H.1.b, shall have the lowest floor elevated to or above the base flood elevation, and
shall be securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement in accordance with YMC 17.09.020.H.1.b.
4. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to
the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or,
c. Meet the anchoring requirements of YMC 17.09.020.H.1.b.
FLOODWAY FRINGE USES
J. Permitted Uses. The following uses are permitted in the floodway fringe areas:
1. Permitted Uses. Any use permitted in the zoning district in accordance with YMC Title 15 and
in the environment designation in accordance with YMC Title 17 (this Shoreline Master
Program), unless prohibited by YMC 17.09.020.K.
2. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with
YMC Title 15 and where not otherwise inconsistent with YMC 17.09.020; except that when the
primary purpose of such a transmission line is to transfer bulk products or energy through a
floodway fringe or special flood hazard area, such transmission line shall conform to the
following:
a. Electric transmission lines shall cross floodway fringe and special flood hazard areas by
the most direct route feasible. When support towers must be located within floodway
fringe or special flood hazard areas, they shall be placed to avoid high floodwater
velocity and/or depth areas, and shall be adequately floodproofed.
b. Buried utility transmission lines transporting hazardous materials, including but not
limited to crude and refined petroleum products and natural gas, shall be buried a
minimum of four (4) feet. Such burial depth shall be maintained within the floodway
fringe or special flood hazard area to the maximum extent of potential channel
migration as determined by hydrologic analyses. All such hydrologic analyses shall
conform to requirements of YMC 17.05.060.C.3.c.
c. Beyond the maximum extent of potential channel migration, utility transmission lines
transporting hazardous and non -hazardous materials shall be buried below existing
natural and artificial drainage features.
d. Aboveground utility transmission lines, not including electric transmission lines, shall
only be allowed for the transportation of non -hazardous materials. In such cases,
applicants must demonstrate that line placement will have no appreciable effect upon
flood depth, velocity or passage. Such lines shall be adequately protected from flood
damage.
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e. Aboveground utility transmission line appurtenant structures, including valves, pumping
stations or other control facilities, shall not be permitted in floodway fringe or special
flood hazard areas except where no other alternative is available, or in the event a
floodway fringe or special flood hazard location is environmentally preferable. This does
not apply to domestic water and regional wastewater transmission pipes. In such
instances, aboveground structures shall be located so that no appreciable effect upon
flood depth, velocity or passage is created, and shall be adequately floodproofed.
K. Prohibited Uses. New manufactured home parks and the expansion of manufactured home/parks
are prohibited in floodway fringe areas.
FLOODWAY USES
L. Permitted Uses. Permitted uses include any use permitted in the zoning district in accordance with
YMC Title 15 and in the environment designation in accordance with YMC Title 17 (this Shoreline
Master Program), provided that said use is in compliance with the flood hazard protection standards
of YMC 17.09.020.H, 17.09.020.1, 17.05.050 and other applicable provisions of this Title, and will
have a negligible effect upon the floodway as certified by a registered professional engineer through
hydrologic and hydraulic analysis performed in accordance with standard engineering practice. The
analysis must demonstrate that the effect of the subject encroachment together with the
cumulative effects of all similar potential encroachments shall not:
1. materially cause water to be diverted from the established floodway,
2. cause erosion,
3. obstruct the natural flow of water,
4. reduce the carrying capacity of the floodway, or
5. result in any increase in flood levels during the occurrence of the base flood discharge.
M. Prohibited Uses. The following uses/developments are prohibited in the floodway:
1. Any structure, including manufactured homes, designed for or to be used for human
habitation of a permanent nature (including temporary dwellings authorized by YMC
15.04.130 and 15.04.140);
2. Any encroachments, including fill, new construction and other development demonstrated by
a registered professional engineer through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the effect of the subject encroachment
together with the cumulative effects of all similar potential encroachments shall materially
cause water to be diverted from the established floodway, cause erosion, obstruct the natural
flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood
levels during the occurrence of the base flood discharge;
3. Aboveground utility transmission line appurtenant structures, including valves, pumping
stations, or other control facilities, shall not be permitted in the floodway, except for domestic
water and regional wastewater facilities where necessary;
4. Where a floodway has not been determined by preliminary Corps of Engineers' investigations
or official designation, a floodway shall be defined by qualified engineering work by the
applicant on the basis of a verified one -hundred (100) year flood event;
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5. Construction or reconstruction of residential structures within designated floodways, except
as allowed under YMC Chapter 17.11;
6. The construction or storage of any object subject to flotation or movement during flood level
periods;
7. The following uses, due to their high degree of incompatibility with the purpose of
establishing and maintaining a functional floodway, are specifically prohibited:
a. The filling of wetlands, except as authorized under YMC 17.09.030, Fish and Wildlife
Habitat and the Stream Corridor and YMC 17.09.040, Wetlands;
b. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials;
and,
c. Damming or relocation of any watercourse that will result in any downstream increase
in flood levels during the occurrence of the base flood discharge (See YMC 17.09.030.J).
8. The listing of prohibited uses in this section shall not be construed to alter the general rule of
statutory construction that any use not permitted is prohibited.
N. Non -Conforming Uses and Structures. Existing structures and uses within the special flood hazard
areas established by YMC 17.09.020 or amendments thereto, which were lawful before these
sections were adopted or amended, but which would be prohibited, or restricted under the terms of
YMC 17.09.020 of this Chapter or future amendment, are governed under YMC Chapter 17.11.
FLOOD HAZARD PROTECTION ADMINISTRATION
0. Administration. The building official is vested with the duty of administering the rules and
regulations relating to flood hazard protection in accordance with the provisions of YMC 17.09.020
and may prepare and require the use of such forms as are essential to such administration.
P. Authority. Upon application, the building official shall have the authority to grant a flood hazard
permit when compliance with the applicable conditions as set forth in YMC 17.09.020 of this
Chapter and in other applicable local, state and federal regulations has been demonstrated and the
proposal is found to be consistent with the purpose of the policies of the Critical Areas Ordinance.
Permit — Required. Prior to any development within a special flood hazard area, a flood hazard
permit shall be obtained. This permit may be in addition to the critical area development
authorization as set forth in YMC 17.09.010, and any applicable shoreline permit as set forth in
Chapter 17.13 of this Title.
R. Permit — Application. All persons applying for a flood hazard permit shall submit a written
application, accompanied by an application fee as specified in Title 11, using the forms supplied. The
application shall not be considered complete until the following minimum information is provided as
identified below and in YMC 15.11.050:
Q.
1. Name, address and telephone number of applicant and property owner if different;
2. Project description and taxation parcel identification number;
3. Name of the stream or body of water associated with the floodplain in which the
development is proposed; and,
4. Site plan map drawn to an engineering scale showing:
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a. Actual dimensions and shape of the parcel to be built on;
b. Sizes and location of existing structures on the parcel;
c. Location and dimensions of the proposed development, structure or alteration;
d. Location, volume and type of any proposed fill; and,
e. The application shall include other information as may be required by the Shoreline
Administrator to clarify the application for the enforcement of YMC 17.09.020;
S. Permit— Review. Flood hazard permit applications will be reviewed to determine:
1. The elevation and floodproofing requirements of YMC 17.09.020 of this Chapter;
2. The proposed development's location in relation to the floodway and any encroachments
(YMC 17.09.020.M.2);
3. Alteration or relocation of a watercourse (YMC 17.09.020. H.4 e);
4. That the proposed development is a permitted use under YMC 17.09.020 of this Chapter and
YMC Title 15; and,
5. That all necessary permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
T. Use of Available Data. When base flood elevation data has not been provided in accordance with
YMC 17.09.020.A, Flood hazard areas established, the City shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal, state or other source, in
order to administer YMC 17.09.020.1, YMC 17.09.020.M, and YMC 17.13.150.
U. Limitations. Permits issued on the basis of plans and applications approved by the Shoreline
Administrator authorize only the use, arrangement and construction set forth in such approved
plans and applications, and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized is a violation of YMC 17.09.020 and punishable as
provided by YMC 17.13.150.
V. Permit — Expiration & Cancellation. If the work described in any permit has not begun within one
hundred eighty (180) days from the date of issuance thereof, the permit shall expire and be
canceled by the building official.
W. Performance Bonds
1. The City may require bonds in such form and amounts as may be deemed necessary to assure
that the work shall be completed in accordance with approvals under YMC 17.09.020. Bonds,
if required, shall be furnished by the property owner, or other person or agent in control of
the property.
2. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the
City in an amount equal to that which would be required in the surety bond.
X. Appeals. The decision to grant, grant with conditions, or deny a flood hazard permit shall be final
and conclusive unless the applicant appeals the decision pursuant to the procedure established for
appeals in YMC 17.13.120.
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Y. Coordination. Upon application, the building official shall have the authority to grant a flood hazard
permit when compliance with the applicable conditions as set forth in YMC 17.09.020 of this
Chapter and in other applicable local, state and federal regulations has been demonstrated and the
proposal is found to be consistent with the purpose of this Chapter.
ELEVATION AND FLOODPROOFING CERTIFICATION
Z. Applicability. Certification for elevation or floodproofing shall be required only for the new
construction or substantial improvement of any residential, commercial, industrial, or nonresidential
structure located in a special flood hazard area.
AA. Certification Form. The form of the elevation and floodproofing certificate shall be specified by the
administrative official and shall be generally consistent with that required by FEMA for the
administration of the National Flood Insurance Program.
AB. Information to Be Obtained and Maintained. The elevation and floodproofing certificate shall verify
the following flood hazard protection information:
1. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, and whether or not the structure contains a
basement;
2. The actual elevation in relation in mean sea level of flood proofing of all new or substantially
improved non-residential flood proofed structures; and,
3. Where a base flood elevation has not been established according to YMC 17.09.020.A, or
where elevation data is not available either through the Flood Insurance Study, FIRM, or from
another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical data, high water marks, photographs of past
flooding, etc., where available.
AC. Certification Responsibility. The project proponent shall be responsible for providing required
certification data to the administrative official prior to the applicable construction inspection
specified in the certification form. All elevation and floodproofing data specified in YMC
17.09.020.AB must be obtained and certified by a registered professional engineer, architect, or
surveyor. The elevation and floodproofing certification shall be permanently maintained by the
administrative official.
FLOOD HAZARD VARIANCES
AD. Procedure. Any person seeking a variance from the requirements of YMC 17.09.020 authorized
under YMC 17.09.020.AE shall make such request consistent with the procedures established in YMC
Chapter 17.13.
AE. Variance Limitations
1. Variances shall be limited solely to the consideration of:
a. Elevation requirements for lowest floor construction;
b. Elevation requirements for floodproofing; and,
c. The type and extent of floodproofing.
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2. Variances shall not be considered for any procedural or informational requirements or use
prohibitions of YMC 17.09.020.
AF. Conditions for Authorization. In addition to demonstrating consistency with the Shoreline Variance
criteria in YMC 17.13.080, the applicant for a variance to the provisions of YMC 17.09.020 shall show
that:
1. There are special circumstances applicable to the subject property or to the intended use,
such as size, topography, location or surroundings, that do not apply generally to other
property in the same vicinity and zone;
2. The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is located;
3. Such a variance is the minimum necessary, considering the flood hazard, to afford relief;
4. Failure to grant the variance would result in exceptional hardship to the applicant; and,
5. The granting of such a variance will not result in:
a. Increased flood heights;
b. Additional threats to public safety;
c. Creation of nuisances;
d. Extraordinary public expense; or,
e. Conflicts with other existing local laws or ordinances.
AG. Federal Flood Hazard Map Correction Procedures. The procedures for federal flood hazard map
correction, as provided in federal regulations 44 CFR 70 of the National Insurance Program are
hereby adopted by reference.
17.09.030 Fish and Wildlife Habitat and the Stream Corridor System
A. Purpose and intent. The stream corridor system includes hydrologically related critical areas,
streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of
geology, soils, water, vegetation, and wildlife. Policies and standards to help conserve and protect
are designed to accomplish the following:
1. Meet the requirements of the Shoreline Management Act (RCW 90.58) regarding the use of
the most current, accurate, and complete scientific and technical information available that is
applicable to the issues of concern;
2. Follow the requirements pursuant to flood -resistant construction in the adopted building
code;
3. Provide a zero net loss of natural wetland functions and values;
4. Provide possible alternatives for necessary development, construction, and uses within a
designated stream corridor and other hydrologically related critical areas;
5. Prevent decline in the quantity and quality of surface and subsurface waters;
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6. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological
relationships;
7. Protect sensitive areas of the stream corridor from the potential negative effects of
development;
8. Provide protection of natural wetland functions and values through voluntary agreements or
government incentives; and
9. Recognize wildlife area conservation habitats within their natural geographic location through
coordinated land use planning.
B. Protection approach.
1. To maintain fish and wildlife habitat, there must be adequate environmental conditions for
reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat
and its quality include the presence of essential resources such as food, water, nest building
materials, and lack of diseases. The City of Yakima protects fish and wildlife habitat through:
a. Protection of habitat for aquatic species, and
b. Protection of habitat for species located near the water.
2. The City of Yakima's approach to protecting threatened, endangered, and sensitive species
habitat is by using the protection approach sections of this chapter.
DESIGNATION AND MAPPING
C. Hydrologically related critical area features. Stream corridors and other hydrologically related
critical areas include one or more of the following features:
1. Any floodway or floodplain identified as a special flood hazard area identified by the Federal
Emergency Management Agency (FEMA), as identified in the flood insurance study or
corresponding maps, is hereby adopted by reference and declared to be part of this chapter;
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 associated submerged aquatic beds; and
manmade lakes and ponds created within a stream channel;
4. All wetlands as defined in YMC 17.01.090;
5. Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and
6. A buffer area for a stream channel, lake, or pond or from the edge of a wetland.
D. Habitat and habitats of local importance.
1. Habitats of local importance are habitats or species that due to their declining population,
sensitivity to habitat manipulation or other values make them important on a local level.
Habitats of local importance may include a seasonal range or habitat element with which a
given species has a primary association, and which, if altered, may reduce the likelihood that
the species will maintain and reproduce over the long term.
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
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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;
c) Species of recreational, commercial, and/or tribal importance that are
vulnerable; and
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, as designated in
subsection 1 of this section, shall meet the standards below, rather than the development
standards in YMC 17.09.0330.1 through -P, unless review is also needed for a hydrologically
related critical area. Projects shall be designated 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.
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1. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more
of the following functional properties:
a. Stream bank and shore stabilization;
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. Surface erosion prevention;
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
1. 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
d. 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.
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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. Streams, lakes and ponds 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 YMC
17.09.030.0 as follows:
1. Type 1 streams are those waters, within their ordinary high water mark (OHWM), meeting the
criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW
Chapter 90.58;
2. Type 2 streams are those surface water features which require protection due to the nature of
their contributions to the functional properties listed in YMC 17.09.030.E and are considered
"streams, lakes and/or ponds of local importance," as listed in Appendix B of this title;
3. Type 3 streams include all perennial streams within the City of Yakima not classified as Type 1
or 2. (See YMC 17.01.090, "perennial stream");
4. Type 4 streams are all intermittent streams within the City of Yakima not classified as Type 1,
2 or 3. (See YMC 17.01.090, "intermittent stream");
5. Type 5 streams are all ephemeral streams within the City of Yakima not classified as Type 1, 2,
3 or 4. Type 5 streams are not regulated as streams. (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 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 a
Type 1, 2, 3, or 4 stream shall be Type 3 ponds.
c. Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream
shall be Type 2 ponds.
G. Wetland rating system.
1. Wetlands within the City of Yakima are defined in YMC 17.01.090 and are shown on the data
maps referenced in YMC 17.09.030.H.
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2. For regulatory purposes, wetlands are classified into four categories according to the wetland
rating system found in YMC 17.09.040. D.2.
H. Maps. Certain fish and wildlife habitat and hydrologically related critical 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 non -regulatory 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
I. 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. 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;
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7. Automobile wrecking yards;
8. Fill for the sole purpose of increasing land area within the stream corridor;
9. Uses located within the floodway fringe that are listed in YMC 17.09.020.K; and
10. Uses located within the floodway that are listed in YMC 17.09.020.M.
J. 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, 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 within the stream corridor shall only be disturbed to the minimum extent possible;
3. Nesting areas and other sensitive 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. 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 stream corridor 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 stream
corridor, 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 stream corridor;
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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 stream corridor 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 stream corridor 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;
15. Projects located within the floodway must meet the requirements of YMC 17.09.020.L; and
16. 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 YMC 17.09.030.Q.
WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS
K. Use classifications. For purposes of this section, the components of any development, construction,
or use requiring a critical area development authorization shall be classified as provided below, and
shall conform to the development standards applicable to the classification provided in YMC
17.090.0301-0:
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 1 of this section.
L. 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 YMC 17.09.030.P.
3. Use areas and structures requiring direct shore locations shall minimize any obstruction or
impairment of normal public navigation of the surface water.
M. Water -related uses. The following provisions shall apply to water -related uses:
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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 YMC
17.09.030. P except where existing development or the requirements associated with the use
make such a location unavoidable.
N. Water -enjoyment uses. The following provisions shall apply to water -enjoyment 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 may be located within the vegetative buffer specified in YMC
17.09.030.P provided that the location and construction shall be conducted to minimize
impacts to the shore area and the vegetative buffer.
0. 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 YMC 17.09.030.P.
2. Construction abutting the vegetative buffer specified in YMC 17.09.030.P shall be designed
and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.
P. Vegetative buffers. The establishment of a vegetative buffer system is necessary to protect the
functions and values of certain hydrologically related critical areas. Standard and minimum buffers
for streams, lakes, and ponds are listed in 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 stream 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.
Stream Type
Buffer Width
Type 1 shoreline streams
and lakes
High Intensity:
Streams: 75'
Lakes: 50'
Essential Public Facilities: 100'
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Stream Type
Buffer Width
Floodway/CMZ: 100'
Shoreline Residential:
Streams: 80'
Lakes: 20'
Urban Conservancy: 100'
Type 2 streams, lakes,
and ponds
75'
Type 3 streams
(perennial), lakes, and
ponds
50'
Type 4 streams
(intermittent), lakes, and
ponds
25'
Type 5 streams
(ephemeral)
No buffer standards. Type 5 streams are not regulated as streams, 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 area 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 waterbody; and
b provides insignificant biological, geological or hydrological buffer functions relating to
the waterward portion of the buffer adjacent to the shoreline waterbody.
If the improved roadway corridor is wider than 20 feet, a study is not required.
4. Buffer averaging to improve stream 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 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.
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d. The buffer at its narrowest point is never less than % 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 3/4 of the required width.
6. All other proposals to reduce a stream buffer may only be approved through the Shoreline
Variance process.
Q. 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;
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. Reclamation 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 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. For the replacement or enhancement of vegetation within wetlands and required vegetative
buffers naturally occurring, native plant species shall be used; and
8. In other parts of the stream, naturally occurring, 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 non-native and high -
maintenance species.
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
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1. Consistent with WAC 173-22-035, wetlands in shoreline jurisdiction 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 YMC Chapter 17.09, except the
following:
a. Irrigation systems that create an 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 Hydrologically
Related Critical 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 includes 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 provide in the Washington State Wetland Rating
System for Eastern Washington, revised March 2007 (Ecology Publication #04-06-15, or as
revised) which are summarized below:
a. Category I wetlands are more sensitive to disturbance than most wetlands, relatively
undisturbed, and contain ecological attributes that are difficult to replace. Generally,
these wetlands are not common and make up a very small percentage of the wetlands
within the City of Yakima. The following types of wetlands are classified as Category I:
i. Wetlands scoring 70 points or more (out of 100) in the Washington State Wetland
Rating System for Eastern Washington (WRSEW),
ii. Alkali wetlands,
iii. Natural heritage wetlands (wetlands identified by Washington Department of
Natural Resources Natural Heritage Program scientists), and
iv. Bogs.
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b. Category II wetlands are difficult but not impossible to replace and provide high levels of
some functions. Category II wetlands include:
1. Wetlands scoring between 51-69 points (out of 100) in the WRSEW,
ii. Unassociated vernal pools, and
iii. Forested wetlands.
c. Category III wetlands are often smaller, less diverse, and/or more isolated from other
natural resources. Category III wetlands include:
i. Wetlands with a moderate level of functions (scoring between 30 -50 points) in the
WRSEW, and
ii. Associated vernal pools.
d. Category IV wetlands have the lowest levels of functions, scoring less than 30 points in
the WRSEW. Category IV wetlands are often heavily disturbed and are wetlands that
should be able to be replaced.
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 WRSEW rating sheet to
complete the rating.
E. Wetland Buffers.
1. Vegetative buffers shall be measured from the edge of the wetland. The width of the buffer
shall be determined according to the wetland type. The standard buffer widths are provided
in Table 09.040-1 below.
2. The use of the standard buffer widths requires the implementation of the measures in Table
09.040-2, where applicable, to minimize the impacts of the adjacent land uses.
3. If an applicant chooses not to apply the mitigation measures in Table 09.040-2, then a 33%
increase in the width of all buffers is required. For example, a 75 -foot buffer with the
mitigation measures would be a 100 -foot buffer.
4. 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.
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Table 09.040-1. Standard Wetland Buffers
OCTOBER 16, 2014
Wetland
Category
Standard Buffer
Width
Additional buffer
width if wetland
scores 21-25
habitat points
Additional buffer
width if wetland
scores 26-29
habitat points
Additional buffer
width if wetland
scores 30-36
habitat points
Category!:
Based on total
score
75 ft
Add 15 ft
Add 45 ft
Add 75 ft
Category l:
Forested
75 ft
Add 15 ft
Add 45 ft
Add 75 ft
Category!:
Bogs
190 ft
NA
NA
NA
Category I:
Alkali
150 ft
N/A
NA
NA
Category!:
Natural Heritage
Wetlands
190 ft
N/A
NA
NA
Category II:
Based on total
score
75 ft
Add 15 ft
Add 45 ft
Add 75ft
Category II:
Vernal pool
150
NA
NA
NA
Category II:
Forested
75 ft
Add 15 ft
Add 45 ft
Add 75ft
Category III (all)
60 ft
Add 30 ft
Add 60 ft
NA
Category IV (all)
40 ft
NA
NA
NA
Table 09.040-2. Required measures to minimize impacts to wetlands
(Measures are required, where applicable to a specific proposal)
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 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' heavily
vegetated buffer strip immediately adjacent to the outer wetland buffer
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Disturbance
Required Measures to Minimize Impacts
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is
not dewatered
• Establish covenants limiting use of pesticides within 150 ft 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 (per PSAT publication on LID
techniques)
Change 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
Disruption of
corridors or
connections
• Maintain connections to offsite areas that are undisturbed
• Restore corridors or connections to offsite habitats by replanting
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5. Buffer averaging to improve wetland protection may be permitted when all of the following
conditions are met:
a. 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
a rea.
b. 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.
c. The total area of the buffer after averaging is equal to the area required without
averaging.
The buffer at its narrowest point is never less than either % of the required width or 75
feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever
is greater.
d.
6. The Shoreline Administrator may not approve averaging reductions to the standard buffer
widths for wetlands that score medium (twenty-six through twenty-nine points) or high (thirty
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
through thirty-six points) for wetland habitat function, except where it can be shown that a
particular wildlife species' needs within the buffer can be met with a smaller buffer.
7. All other proposals to reduce a wetland buffer may only be approved through the Shoreline
Variance process.
F. Compensatory Mitigation Requirements. Projects that propose compensation for wetland acreage
and/or functions are subject to State and Federal regulations. Compensatory mitigation for
alterations to wetlands shall provide for a no net loss of wetland functions and values, and must be
consistent with the mitigation plan requirements of YMC 17.09.010.P.13. The following documents
were developed to assist applicants in meeting the above requirements.
1. Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation in
Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals or
as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle
District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04-
06-013B).
2. Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent
with Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing
Wetlands —Appendix 8-D- § 8-D3 or as revised (Washington State Department of Ecology.
Publication # 05-06-008).
G. Wetland Mitigation Banks
1. Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
a. The bank is certified under RCW Ch. 90.84 or WAC Ch. 173-700,
b. The Shoreline Administrator determines that the wetland mitigation bank can provide
appropriate compensation for the authorized impacts, and
c. The proposed use of credits is consistent with the terms and conditions of the bank's
certification.
2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank's certification.
3. Credits from a certified wetland mitigation bank may be used to compensate for impacts
located within the service area specified in the bank's certification. In some cases, bank
service areas may include portions of more than one adjacent drainage basin for specific
wetland functions.
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.
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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. over steepened 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 area 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 area 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.
1. High Risk (LS3) is defined as areas that are presumed to have had a landslide,
debris flow, or slump within 10,000 years or less.
ii. Intermediate Risk (LS2) is defined as areas where landslides, debris flows, or
slumps are older than 10,000 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.
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b. Over Steepened Slope Hazard Areas (OS). These include areas with slopes steep enough
to create a potential problem.
1. High Risk areas (0S3) are defined as having a high potential to fail, include slopes
greater than 40%, and consist of areas of rock fall, creep, and places underlain with
unstable materials.
ii. Intermediate Risk areas (0S2) are defined as areas less likely to fail but are still
potentially hazardous. This category includes slopes between 15% and 40%.
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:
1. 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 flood plain 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.
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.
g.
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.
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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 Building Code. 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 number 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 YMC 17.09.050.D by implementing the development standards
of YMC 17.09.050.E.
4. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding
hazard areas will be accomplished through the review process of YMC 17.09.050.D.
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 YMC 17.09.050.D, by implementing
the development standards of YMC 17.09.050.E.
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 YMC 17.09.050.D and by implementing the development standards of
YMC 17.09.050.E.
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;
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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 1 above, must conduct a Geologic Hazard Report as provided
in YMC 17.09.010.0., 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 2a or 2b above, 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;
1. The geo-technical 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 YMC 17.09.050.E.
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
onsite 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.
17.09.060 Critical Aquifer Recharge Areas
A. Purpose and Intent
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1. The Growth Management Act (RCW Ch. 36.70A) 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 ordinance 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. Designation. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect
on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential for contamination
of groundwater resources or contribute significantly to the replenishment of groundwater. The
following areas have been identified based on local conditions.
1. Wellhead Protection Areas. Wellhead protection areas shall be defined by the boundaries of
the ten-year time of groundwater travel, or boundaries established using alternate criteria
approved by the Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-135.
2. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S.
Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
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3. Susceptible Groundwater Management Areas. Susceptible groundwater management areas
are areas that have been designated as moderately or highly vulnerable or susceptible in an
adopted groundwater management program developed pursuant to Chapter 173-100 WAC.
4. Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-
090.
5. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are
moderately or highly vulnerable to degradation or depletion because of hydrogeologic
characteristics are those areas delineated by a hydrogeologic study prepared in accordance
with the State Department of Ecology guidelines.
6. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately
or highly susceptible to degradation or depletion because of hydrogeologic characteristics are
those areas meeting the criteria established by the State Department of Ecology.
C. Mapping
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 2006 Urban Area
Comprehensive Plan 2025. 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 Area Guidance Document" (Publication 05-10-028). 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 of 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 ground water;
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 (10) year time of ground
water travel, in accordance with WAC 246-290-135. For purposes of this Chapter, all wellhead
protection areas shall be considered highly susceptible.
D. Performance Standards — General Requirements.
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1. 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.
2. The proposed activity must comply with the water source protection requirements and
recommendations of the U.S. Environmental Protection Agency, Washington State
Department of Health, and the Yakima County Health District.
E. Performance Standards — Specific Uses.
1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area
must comply with local building code requirements and must conform to the following
requirements:
a. Underground Tanks. All new underground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and constructed
so as to:
i. Prevent releases due to corrosion or structural failure for the operational life of the
tank;
ii. Be protected against corrosion, constructed of noncorrosive material, steel clad
with a noncorrosive material, or designed to include a secondary containment
system to prevent the release or threatened release of any stored substances; and
iii. Use material in the construction or lining of the tank that is compatible with the
substance to be stored.
b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and constructed
so as to:
i. Not allow the release of a hazardous substance to the ground, groundwaters, or
surface waters;
ii. Have a primary containment area enclosing or underlying the tank or part thereof;
a nd
iii. Have a secondary containment system either built into the tank structure or a dike
system built outside the tank for all tanks.
2. Vehicle Repair and Servicing.
a. Vehicle repair and servicing must be conducted over impermeable pads and within a
covered structure capable of withstanding normally expected weather conditions.
Chemicals used in the process of vehicle repair and servicing must be stored in a manner
that protects them from weather and provides containment should leaks occur.
b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle
repair and servicing. Dry wells existing on the site prior to facility establishment must be
abandoned using techniques approved by the State Department of Ecology prior to
commencement of the proposed activity.
3. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides,
and fertilizers shall not exceed times and rates specified on the packaging.
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4. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for
reclaimed water must be in accordance with the adopted water or sewer comprehensive
plans that have been approved by the State Departments of Ecology and Health.
a. Use of reclaimed water for surface percolation must meet the groundwater recharge
criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology
may establish additional discharge limits in accordance with RCW 90.46.080(2).
b. Direct injection must be in accordance with the standards developed by authority of
RCW 90.46.042.
F. Uses Prohibited from Critical Aquifer Recharge Areas. The following activities and uses are
prohibited in critical aquifer recharge areas:
1. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special
waste, wood waste and inert and demolition waste landfills;
2. Underground Injection Wells. Class I, III and IV wells and subclasses 5F01, 5D03, 5F04, 5W09,
5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells;
3. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment
process to occur over permeable surfaces (both natural and manmade);
4. Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or
dispose of radioactive substances;
5. Mining. Hard rock; and sand and gravel mining, unless located within the mineral resource
designation; and
6. Other Prohibited Uses or Activities.
a. Activities that would significantly reduce the recharge to aquifers currently or
potentially used as a potable water source;
b. Activities that would significantly reduce the recharge to aquifers that are a source of
significant base flow to a regulated stream.
G. Submittal Requirements.
1. Applications for any development activity or division of land which requires review by Yakima
County and which is located within a mapped Critical Aquifer Recharge Area or Wellhead
Protection Area shall be reviewed by the Shoreline Administrator to determine whether
hazardous materials (see definitions) will be used, stored, transported, or disposed of in
connection with the proposed activity. If there is insufficient information to determine
whether hazardous materials will be used, the Shoreline Administrator may request additional
information, in addition to any submittal requirements outlined in YMC 17.09.010.
2. The Administrative Official shall make the following determination:
a. No hazardous materials are involved.
b. Hazardous materials are involved; however, existing laws or regulations adequately
mitigate any potential impact, and documentation is provided to demonstrate
compliance.
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b. Hazardous materials are involved and the proposal has the potential to significantly
impact Critical Aquifer Recharge and Wellhead Protection Areas; however, sufficient
information is not available to evaluate the potential impact of contamination. The City
may require a Hydrogeologic Report to be prepared by a qualified groundwater scientist
in order to determine the potential impacts of contamination on the aquifer.
CHAPTER 17.11 EXISTING USES, STRUCTURES AND LOTS
Nonconforming uses or developments are shoreline uses or development which were lawfully
constructed or established prior to the effective date of this Master Program, or approved amendments
to the Master Program, but which do not conform to present regulations or standards of the Master
Program. The intent of this chapter is to provide regulations regarding nonconforming uses, structures,
and lots as well as to establish residences as pre-existing legal uses, conforming to the Master Program
as allowed by the Act.
17.11.010 Nonconforming Uses
A. Uses and developments that were legally established and are nonconforming with regard to the use
regulations of the Master Program may continue as legal nonconforming uses. Such uses shall not
be enlarged or expanded unless expressly allowed by YMC 17.11.010. B and 17.11.040.
B. Nonconforming single-family residential uses that are located landward of the ordinary high water
mark may be enlarged or expanded in conformance with applicable dimensional standards by the
addition of space to the main structure or by the addition of normal appurtenances as defined in
section 17.01.090 upon approval of a Shoreline Conditional Use Permit by the Hearing Examiner.
C. A legally established use, prior to the effective date of the Master Program, which is listed as a
conditional use but for which a Shoreline Conditional Use Permit has not been obtained shall be
considered a nonconforming use.
D. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon the approval of a Conditional Use Permit by the Hearing Examiner. A
Conditional Use Permit may be approved only upon a finding that:
1. No reasonable alternative conforming use is practical; and
2. The proposed use will be at least as consistent with the policies and provisions of the Act and
the Master Program and as compatible with the uses in the area as the preexisting use.
In addition, such conditions may be attached to the permit as are deemed necessary to assure
compliance with the above findings, the requirements of the Master Program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard. A use
authorized pursuant to YMC 17.11.010.D shall be considered a conforming use for purposes of this
section.
E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during
any two-year period, the nonconforming rights shall expire and any subsequent use shall be
required to conform to this title.
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17.11.020 Nonconforming Structures
A. Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be
maintained and repaired and may be enlarged or expanded provided that said enlargement does
not increase the extent of nonconformity by further encroaching upon or extending into areas
where construction or use would not be allowed for new development or uses.
B. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
C. A nonconforming structure which is moved any distance must be brought into conformance with
the Master Program and the Act.
D. If a nonconforming development/structure is damaged to an extent not exceeding fifty percent in
flood hazard areas and seventy-five percent in the remainder of shoreline jurisdiction of the
replacement cost of the original development, it may be reconstructed to those configurations
existing immediately prior to the time the development was damaged, provided that application is
made for the permits necessary to restore the development within six months of the date the
damage occurred, all permits are obtained and the restoration is completed within two years of
permit issuance.
17.11.030 Nonconforming Lots
A. In any district, any permitted use or structure may be erected on any existing lot or parcel. This
provision shall apply even though such lot fails to meet the minimum dimensional requirements of
this SMP, provided that such structure is allowed within the shoreline environment and all uses of
the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning
requirements including setbacks, dimensional standards, and lot coverage requirements.
B. Structures and customary accessory buildings on non -conforming lots shall be set back from the
OHWM to the greatest extent feasible. Development proposed inside required buffers shall go
through mitigation sequencing, shall require a mitigation plan and Shoreline Variance, per YMC
17.13.080, when unable to meet the provisions of YMC 17.09.030.
17.11.040 Pre-existing Legal Uses — Conforming Residential Structures
Notwithstanding YMC 17.11.010 to 030, the following shall apply to preexisting legal residential
structures constructed prior to the effective date of this SMP:
A. Residential structures and appurtenant structures that were legally established and are used for a
conforming use, but that do not meet standards for the following shall be considered a conforming
structure: Setbacks, buffers, or yards; area; bulk; height; or density.
B. The City shall allow redevelopment, expansion, change with the class of occupancy, or replacement
of the residential structure if it is consistent with the SMP, including requirements for no net loss of
shoreline ecological functions.
C. For purposes of this section, "appurtenant structures" means garages, sheds, and other legally
established structures. "Appurtenant structures" does not include bulkheads and other shoreline
modifications or over -water structures.
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D. Nothing in this YMC 17.11.040: (a) Restricts the ability of this SMP to limit redevelopment,
expansion, or replacement of over -water structures located in hazardous areas, such as floodplains
and geologically hazardous areas; or (b) affects the application of other federal, state, or City
requirements to residential structures.
17.11.050 Additional Requirements for Certain Uses
Non -conforming uses and structures not covered by RCW 90.58.270(5), RCW 90.58.620, and not
addressed by the SMP must comply with WAC 173-27-080.
CHAPTER 17.13 ADMINISTRATION AND ENFORCEMENT
17.13.010 Roles and Responsibilities
The City shall administer the Shoreline Master Program (SMP), collectively Title 17 and the associated
goals and policies contained in Comprehensive Plan Chapter 10, Section 3, according to the following
roles and responsibilities:
A. Shoreline Administrator. The Shoreline Administrator in the City of Yakima is the Community
Development Director. The Shoreline Administrator shall have overall administrative responsibility
of the SMP. The Shoreline Administrator or his/her designee is hereby vested with the authority to:
1. Administrate this SMP.
2. Make field inspections as needed, and prepare or require reports on shoreline permit
applications.
3. Grant or deny exemptions from Shoreline Substantial Development Permit requirements of
this SMP.
4. Authorize, approve or deny Shoreline Substantial Development Permits.
5. Authorize, approve or deny Shoreline Conditional Use Permits except for those involving non-
conforming uses, which shall be the responsibility of the Hearing Examiner.
6. Make written recommendations to the Hearing Examiner, Planning Commission, or City
Council as appropriate.
7. Advise interested persons and prospective applicants as to the administrative procedures and
related components of this SMP.
8. Collect fees for all necessary permits as provided in City ordinances or resolutions. The
determination of which fees are required shall be made by the City.
9. Make administrative decisions and interpretations of the policies and regulations of this SMP
and the Act in accordance with the Yakima Municipal Code.
B. SEPA Official. The responsible SEPA official or his/her designee is authorized to conduct
environmental review of all use and development activities subject to this SMP, pursuant to WAC
197-11 and RCW 43.21C. The responsible SEPA official is designated in accordance with the City's
SEPA implementation ordinance.
C. Hearing Examiner. The Hearing Examiner shall have the authority to:
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1. Decide on appeals from administrative decisions issued by the Shoreline Administrator of this
SMP.
2. Grant or deny variances from this SMP.
3. Grant or deny Shoreline Conditional Use Permits associated with non -conforming uses.
4. The Hearing Examiner may, at the request of the Shoreline Administrator, receive and
examine available information, conduct public hearings and prepare records and reports
thereof, and issue recommendations to the council based upon findings and conclusions on
applications for Shoreline Substantial Development Permits and Conditional Use Permits.
D. Planning Commission. The Planning Commission is vested with the responsibility to review the SMP
as part of regular SMP updates required by RCW 90.58.080 as a major element of the City's planning
and regulatory program, and make recommendations for amendments thereof to the City Council.
E. City Council. The City Council is vested with authority to:
1. Initiate an amendment to this SMP according to the procedures prescribed in WAC 173-26-
100.
2. Adopt all amendments to this SMP, after consideration of the recommendation of the
planning commission, where established. Amendments shall become effective upon approval
by Ecology.
17.13.020 Interpretation
A. The City shall make administrative decisions and interpretations of the policies and regulations of
this SMP and the Act in accordance with the Yakima Municipal Code.
B. The City shall consult with Ecology to ensure that any formal written interpretations are consistent
with the purpose and intent of chapter 90.58 RCW and 173-26 WAC.
C. The application of this SMP is intended to be consistent with constitutional and other legal
limitations on the regulation of private property. The Shoreline Administrator shall give adequate
consideration to mitigation measures and other possible methods to prevent undue or
unreasonable hardships upon property owners.
17.13.030 Statutory Noticing Requirements
A. Applicants shall follow the noticing requirements of the City. At a minimum, the City shall provide
notice in accordance with WAC 173-27-110, and may provide for additional noticing requirements.
Per WAC 173-27-120 the City shall comply with special procedures (public notice timelines, appeal
periods, etc.) for limited utility extensions and bulkheads.
B. The following subsections provide a summary of noticing days. The City shall consult the most
current version of WAC 173-27-110 and 120 to confirm the days. In case of conflict, state statutes
or rules shall control:
1. Issuance of notice of application. Notice of application shall be provided within fourteen days
after the determination of completeness of the application.
2. Statement of public comment period. The notice of application shall state the public
comment period which shall be not less than thirty days following the date of notice of
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application, unless otherwise specified for limited utility extensions or single family bulkheads
below.
3. Notice of application prior to hearing. If an open record predecision hearing, as defined in
RCW 36.70B.020, is required for the requested project permits, the notice of application shall
be provided at least fifteen days prior to the open record hearing.
4. Limited utility extension or single-family bulkhead. An application for a Substantial
Development Permit for a limited utility extension or for the construction of a bulkhead or
other measures to protect a single-family residence and its appurtenant structures from
shoreline erosion shall be subject to all of the requirements of this chapter except that the
following time periods and procedures shall be used:
a. The public comment period shall be twenty days. The notice provided shall state the
manner in which the public may obtain a copy of the City's decision on the application
no later than two days following its issuance;
b. The City shall issue its decision to grant or deny the permit within twenty-one days of
the last day of the comment period specified in subsection (2)(a) of this section; and
c. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner,
the appeal shall be finally determined by the Hearing Examiner within thirty days.
17.13.040 Application Requirements
A. A complete application for a Shoreline Substantial Development, Shoreline Conditional Use, or
Shoreline Variance Permit shall contain, at a minimum, the information listed in WAC 173-27-180. In
addition, the applicant, including those applying for exemption status, shall provide the following
materials:
1. An assessment of the existing ecological functions and/or processes provided by topographic,
physical and vegetation characteristics of the site and any impacts to those functions and/or
processes, to accompany development proposals, provided that proposals for single-family
residences, as long as they meet the exemption criteria, shall be exempt from this
requirement if proposal is located outside required buffers. When the project results in
adverse impacts to ecological function and/or processes, a mitigation plan must be provided
that describes how proposed mitigation compensates for the lost function or process.
2. Site plan or division of land depicting to scale the location of buildable areas, existing and
proposed impervious surfaces (building(s), accessory structures, driveways), and allowed
landscaping and yards (including proposed water access trails, view corridors, wildfire
defensible space, if applicable), general location of utilities, well and septic system, if
applicable and location of storage and staging of materials and equipment during
construction. Plans shall show area calculations of each feature.
3. The location of any mapped channel migration zone floodplain, and/or floodway boundary
and critical Areas, if known, and respective setback/buffer areas on and within 250 feet of the
vicinity of the project site and all applicable buffers.
4. Where a view analysis is required per WAC 173-27-180, it shall address the following:
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a. The analysis shall include vacant existing parcels of record as well as existing structures.
Vacant parcels of record shall be assumed to be developed with structures complying
with the applicable regulations of the City and the maximum height limitation allowed
under the SMP.
b. The view corridor analysis shall include residential buildings or public properties located
outside of the shoreline jurisdiction if it can be clearly demonstrated that the subject
property has significant water views.
B. The Shoreline Administrator may vary or waive these additional application requirements according
to administrative application requirements on a case by case basis, but all applications for a
substantial development, conditional use, or variance permit shall contain the information found in
WAC 173-26-180.
C. The Shoreline Administrator may require additional specific information depending on the nature of
the proposal and the presence of sensitive ecological features or issues related to compliance with
other City requirements, and the provisions of this Title.
17.13.050 Exemptions from Shoreline Substantial Development Permits
A. The City shall exempt from the Shoreline Substantial Development Permit requirement the shoreline
developments listed in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,
90.58.355 and 90.58.515.
B. Letters of exemption shall be issued when a letter of exemption is required by the provisions of
WAC 173-27-050. Otherwise the exemption status shall be documented in the project application
file.
17.13.060 Shoreline Substantial Development Permits
A. A Shoreline Substantial Development Permit shall be required for all development of shorelines,
unless the proposal is specifically exempt per YMC 17.13.050.
B. A Shoreline Substantial Development Permit shall be granted only when the development proposed
is consistent with:
1. The policies and procedures of the SMA;
2. The provisions of WAC 173-27;
3. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
4. This Title 17.
C. The City may attach conditions to the approval of permits as necessary to assure consistency of the
project with the Act and this SMP. Additionally, nothing shall interfere with the City's ability to
require compliance with all other applicable laws and plans.
17.13.070 Shoreline Conditional Use Permits
A. This section provides procedures and criteria guiding the review of Shoreline Conditional Use
Permits, which require careful review to ensure the use can be properly installed and operated in a
manner that meets the goals of the Act and this Program in accordance with any needed
performance standards. After a Shoreline Conditional Use application has been approved by the
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City, the City shall submit the permit to Ecology for Ecology's approval, approval with conditions or
denial. Ecology shall review the file, in accordance with WAC 173-27-200.
B. Uses specifically classified or set forth in this Shoreline Master Program as conditional uses shall be
subject to review and condition by the City and by the Department of Ecology.
C. Other uses which are not classified or listed or set forth in this SMP may be authorized as
conditional uses provided the applicant can demonstrate consistency with the requirements of this
section and the requirements for conditional uses contained in this SMP.
D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use.
E. Uses which are classified or set forth in the applicable master program as conditional uses may be
authorized provided that the applicant demonstrates all of the following:
1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master
program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the comprehensive
plan and SMP;
4. That the proposed use will cause no significant adverse effects to the shoreline environment
in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
F. In the granting of all Shoreline Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if Shoreline
Conditional Use Permits were granted for other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with the policies of
RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
G. In authorizing a conditional use, special conditions may be attached to the permit by the City or
Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the
project with the SMA and this SMP.
H. Nothing shall interfere with the City's ability to require compliance with all other applicable plans
and laws.
17.13.080 Shoreline Variance Permits
A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in
this Shoreline Master Program where there are extraordinary or unique circumstances relating to
the property such that the strict implementation of this Shoreline Master Program would impose
unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances
from the use regulations of the SMP are prohibited.
B. After a Shoreline Variance application has been approved by the City, the City shall submit the
permit to Ecology for Ecology's approval, approval with conditions or denial. Ecology shall review
the file in accordance with WAC 173-27-200.
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1. Variance permits should be granted in circumstances where denial of the permit would result
in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must
demonstrate that extraordinary circumstances shall be shown and the public interest shall
suffer no substantial detrimental effect.
2. Variance permits for development and/or uses that will be located landward of the OHWM, as
defined in section 17.01.090, and/or landward of any wetland as defined in section 17.01.090,
may be authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the SMP precludes, or significantly interferes with, reasonable use of the property;
b. That the hardship described in criterion "a" of this subsection is specifically related to
the property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the SMP, and not, for example, from deed
restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and SMP and will not
cause adverse impacts to the shoreline environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
3. Variance permits for development and/or uses that will be located waterward of the OHWM,
as defined in section 17.01.090, or within any wetland as defined in section 17.01.090, may be
authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
b. That the proposal is consistent with the criteria established under Regulation B.2 above;
and
c. That the public rights of navigation and use of the shorelines will not be adversely
affected.
C. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example, if variances were granted to other
developments and/or uses in the area where similar circumstances exist, the total of the variances
shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial
adverse effects to the shoreline environment.
17.13.090 Duration of Permits
Time duration requirements for Shoreline Substantial Development, Shoreline Variance, and Shoreline
Conditional Use Permits shall be consistent with the following provisions.
A. General provisions. The time requirements of this section shall apply to all Shoreline Substantial
Development Permits and to any development authorized pursuant to a Shoreline Conditional Use
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Permit or Shoreline Variance authorized by this Chapter. Upon a finding of good cause, based on
the requirements and circumstances of the project proposed and consistent with the policy and
provisions of this SMP and this Chapter, the City may adopt different time limits from those set forth
in subsections B and C of this section as a part of an action on a Shoreline Substantial Development
Permit.
B. Commencement. Construction activities shall be commenced or, where no construction activities
are involved, the use or activity shall be commenced within two years of the effective date of a
Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance.
Commencement means taking the action on the shoreline project for which the permit was granted
shall begin. For example, beginning actual construction or entering into binding agreements or
contractual obligations to undertake a program of actual construction. However, the City may
authorize a single extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with a complete extension application submittal before the
expiration date and notice of the proposed extension is given to parties of record on the Shoreline
Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance and to
Ecology.
C. Termination. Authorization to conduct development activities shall terminate five years after the
effective date of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or
Shoreline Variance. However, the City may authorize a single extension for a period not to exceed
one year based on reasonable factors, if a request for extension has been filed before the expiration
date and notice of the proposed extension is given to parties of record on the Shoreline Substantial
Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance, and to Ecology.
D. Effective date. The effective date of a Shoreline Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance shall be the date of receipt as provided in RCW
90.58.140(6). The permit time periods in subsections B and C of this section do not include the time
during which a use or activity was not actually pursued due to pending administrative appeals or
legal actions or due to the need to obtain any other government permits and approvals for the
development that authorize the development to proceed, including all reasonably related
administrative or legal actions on any such permits or approvals. The applicant shall be responsible
for informing the City of the pendency of other permit applications filed with agencies other than
the City and of any related administrative and legal actions on any permit or approval. If no notice
of the pendency of other permits or approvals is given by the applicant to the City prior to the date
of the last action by the City to grant permits and approvals necessary to authorize the development
to proceed, including administrative and legal actions of the City, and actions under other City
development regulations, the date of the last action by the City shall be the effective date.
E. Revisions. Revisions to permits may be authorized after original permit authorization has expired,
provided that this procedure shall not be used to extend the original permit time requirements or to
authorize substantial development after the time limits of the original permit.
F. Notification to Ecology. The City shall notify Ecology in writing of any change to the effective date of
a permit, as authorized by this section, with an explanation of the basis for approval of the change.
Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as
amended shall require a new permit application.
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17.13.100 Initiation of Development
A. Amortization to begin construction. Each permit for a Substantial Development, Shoreline
Conditional Use or Shoreline Variance, issued by the City shall contain a provision that construction
pursuant to the permit shall not begin and is not authorized until twenty-one (21) days from the
date of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review
proceedings initiated within twenty-one (21) days from the date of receipt of the decision,. The
date of receipt for a Substantial Development Permit means that date the applicant receives written
notice from Ecology that it has received the decision. With regard to a permit for a shoreline
variance or a shoreline conditional use, date of receipt means the date the City or applicant receives
the written decision of Ecology.
B. Forms. Permits for substantial development, shoreline conditional use, or shoreline variance may be
in any form prescribed and used by the City, including a combined permit application form. Such
forms will be supplied by the City.
C. Data sheet. A permit data sheet shall be submitted to Ecology with each shoreline permit. The
permit data sheet form shall be consistent with WAC 173-27-990.
D. Construction Prior to Expiration of Appeal Deadline. Construction undertaken pursuant to a permit
is at the applicant's own risk until the expiration of the appeals deadline.
17.13.110 Review Process
A. After the City's approval of a conditional use or variance permit, the City shall submit the permit to
the department for Ecology's approval, approval with conditions, or denial. Ecology shall render and
transmit to the City and the applicant its final decision approving, approving with conditions, or
disapproving the permit within thirty days of the date of submittal by the City pursuant to WAC 173-
27-110.
B. Ecology shall review the complete file submitted by the City on conditional use and variance permits
and any other information submitted or available that is relevant to the application. Ecology shall
base its determination to approve, approve with conditions or deny a Shoreline Conditional Use
Permit or Shoreline Variance on consistency with the policy and provisions of the SMA and, except
as provided in WAC 173-27-210, the criteria in WAC 173-27-160 and 173-27-170.
C. The City shall provide appropriate notification of the Ecology's final decision to those interested
persons having requested notification from local government pursuant to WAC 173-27-130.
17.13.120 Appeals
A. Administrative review decisions by the Administrator, based on a provision of this SMP, may be the
subject of an appeal to the Hearing Examiner by any aggrieved person. Such appeals shall be an
open record hearing before the Hearing Examiner.
B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to YMC
17.13.050.
C. Appeals must be submitted within fourteen (14) calendar days after the date of decision or written
interpretation together with the applicable appeal fee. Appeals submitted by the applicant or
aggrieved person shall contain:
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1. The decision or interpretation being appealed, including the file number reference and the
specific objections in the decision document;
2. The name and address of the appellant and his/her interest(s) in the application or proposed
development;
3. The specific reasons why the appellant believes the decision or interpretation to be
erroneous, including identification of each finding of fact, each conclusion, and each condition
or action ordered which the appellant alleges is erroneous. The appellant shall have the
burden of proving the decision or interpretation is erroneous;
4. The specific relief sought by the appellant; and
5. The appeal fee established by the City.
D. Per WAC 173-27-120, the City shall comply with special procedures for limited utility extensions and
bulkheads. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner,
the appeal shall be finally determined by the Hearing Examiner within thirty days.
E. Appeals to the Shoreline Hearings Board ofa final decision on a Shoreline Substantial Development
Permit, Shoreline Conditional Use Permit, Shoreline Variance, or a decision on an appeal of an
administrative action, may be filed by the applicant or any aggrieved party pursuant to RCW
90.58.180 within twenty-one (21) days of receipt of the final decision by the City or by Ecology as
provided for in RCW 90.58.140(6).
17.13.130 Amendments to Permits
A. A permit revision is required whenever the applicant proposes substantive changes to the design,
terms or conditions of a project from that which is approved in the permit. Changes are substantive
if they materially alter the project in a manner that relates to its conformance to the terms and
conditions of the permit, this SMP, and/or the policies and provisions of chapter 90.58 RCW.
Changes which are not substantive in effect do not require approval of a revision.
B. When an applicant seeks to revise a permit, the City shall request from the applicant detailed plans
and text describing the proposed changes. Proposed changes must be within the scope and intent
of the original permit, otherwise a new permit may be required.
C. If the City determines that the proposed changes are within the scope and intent of the original
permit, and are consistent with this SMP and the Act, the City may approve a revision.
D. "Within the scope and intent of the original permit" means all of the following:
1. No additional over water construction is involved except that pier, dock, or float construction
may be increased by five hundred (500) square feet or ten percent (10%) from the provisions
of the original permit, whichever is less;
2. Ground area coverage and height may be increased a maximum of ten percent (10%) from the
provisions of the original permit;
3. The revised permit does not authorize development to exceed height, lot coverage, setback,
or any other requirements of this SMP except as authorized under a Shoreline Variance
granted as the original permit or a part thereof;
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4. Additional or revised landscaping is consistent with any conditions attached to the original
permit and with this SMP;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact will be caused by the project revision.
E. The revision approval, including the revised site plans and text clearly indicating the authorized
changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition,
the City shall notify parties of record of their action.
F. If the revision to the original permit involves a Shoreline Conditional Use Permit or Shoreline
Variance, the City shall submit the revision to Ecology for approval, approval with conditions, or
denial, and shall indicate that the revision is being submitted under the requirements of this
subsection. Ecology shall render and transmit to the City and the applicant its final decision within
fifteen (15) days of the date of Ecology's receipt of the submittal from the City. The City shall notify
parties of record of Ecology's final decision.
G. The revised permit is effective immediately upon final decision by the City or, when appropriate per
subsection F, upon final action by Ecology. Construction undertaken pursuant to a permit is at the
applicant's own risk until the expiration of the appeals deadline.
1. Filing. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be
filed within twenty-one (21) days from the date of receipt of the City's action by Ecology or,
when appropriate under Shoreline Variances or Conditional Uses, the date Ecology's final
decision is transmitted to the City and the applicant.
2. Basis of appeals. Appeals shall be based only upon contentions of noncompliance with the
provisions of subsections A and B. Appeals shall be based on the revised portion of the
permit.
3. Risk. Construction undertaken pursuant to that portion of a revised permit not authorized
under the original permit is at the applicant's own risk until the expiration of the appeals
deadline.
4. Scope of decision. If an appeal is successful in proving that a revision is not within the scope
and intent of the original permit, the decision shall have no bearing on the original permit.
17.13.140 SMP Amendments
A. This Shoreline Master Program carries out the policies of the Shoreline Management Act for the
City. It shall be reviewed and amended as appropriate in accordance with the review periods
required in the Act and in order to:
1. To assure that the master program complies with applicable law and guidelines in effect at the
time of the review; and
2. To assure consistency of the master program with the City's comprehensive plan and
development regulations adopted under chapter 36.70A RCW, if applicable, and other local
requirements.
B. This SMP and all amendments thereto shall become effective fourteen (14) days from the date of
Ecology's written notice of final approval.
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C. The SMP may be amended annually or more frequently as needed pursuant to the Growth
Management Act.
D. Initiation. Future amendments to this Shoreline Management Plan may be initiated either by any
person, resident, property owner, business owner, governmental or non-governmental agency,
Shoreline Administrator, Planning Commission, or City Council as appropriate.
E. Application. Applications for shoreline master program amendments shall specify the changes
requested and any and all reasons therefore. Applications shall be made on forms specified by the
City. Such applications shall contain information specified in the City's procedures for
Comprehensive Plan and development regulation amendments pursuant to RCW 36.70A, the
Growth Management Act, and information necessary to meet minimum public review procedures in
subsection F.
F. Public Review Process — Minimum Requirements. The City shall accomplish the amendments in
accordance with the procedures of the Shoreline Management Act, Growth Management Act, and
implementing rules including, but not limited to, RCW 90.58.080, WAC 173-26-100, RCW 36.70A.106
and 130, and Part Six, Chapter 365-196 WAC.
G. Roles and Responsibilities. Proposals for amendment of the Shoreline Management Plan shall be
heard by the Planning Commission. After conducting a hearing and evaluating testimony regarding
the application, including a recommendation from the Shoreline Administrator, the Planning
Commission shall submit its recommendation to the City Council, who shall approve or deny the
proposed amendment.
H. Finding. Prior to approval, the City shall make a finding that the amendment would accomplish #1 or
#2, and must accomplish #3:
1. The proposed amendment would make this Program more consistent with the Act and/or any
applicable Department of Ecology Guidelines;
2. The proposed amendment would make this Program more equitable in its application to
persons or property due to changed conditions in an area;
3. This Program and any future amendment hereto shall ensure no net loss of shoreline
ecological functions and processes on a programmatic basis in accordance with the baseline
functions present as of the effective date of this SMP.
I. After approval or disapproval of a Program amendment by the Department of Ecology as provided in
RCW 90.58.090, Ecology shall publish a notice that the Program amendment has been approved or
disapproved by Ecology pursuant to the notice publication requirements of RCW 36.70A.290.
17.13.150 Enforcement
The City shall apply 173-27 WAC Part II, Shoreline Management Act Enforcement, to enforce the
provisions of this SMP whenever a person has violated any provision of the Act, this SMP, or other
regulation promulgated under the Act.
17.13.160 Monitoring
A. The City will track all shoreline permits and exemption activities to evaluate whether the SMP is
achieving no net loss of shoreline ecological functions. Activities to be tracked using the City's
permit system include development, conservation, restoration and mitigation, such as:
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1. New shoreline development
2. Shoreline Variances and the nature of the variance
3. Compliance issues
4. Net changes in impervious surface areas, including associated stormwater management
5. Net changes in fill or armoring
6. Net change in linear feet of flood hazard structures
7. Net changes in vegetation (area, character)
B. Using the information collected per subsection A, a no net loss report shall be prepared every eight
years as part of the City's Shoreline Master Program evaluation or Comprehensive Plan Amendment
process. Should the no net loss report show degradation of the baseline condition documented in
the City's Shoreline Analysis Report, changes to the SMP and/or Shoreline Restoration Plan shall be
proposed at the time of the eight-year update to prevent further degradation and address the loss
in ecological functions.
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APPENDIX B: DESIGNATED TYPE 2 STREAM CORRIDORS
The following stream reaches within Yakima County are designated critical areas under the City of
Yakima's Critical Areas in Shoreline Jurisdiction (YMC Chapter 17.09):
1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its
mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E).
2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth
at Wide Hollow Creek (SEC36-TWP13N-RGE17E).
3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its
confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E).
4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28-TWP13N-RGE17E)
downstream to the mouth at the Yakima River.
September 26, 2013 B-1
CITY OF YAKIMA
Grant No. G1200051
City of Yakima
Shoreline Master Program
Comprehensive Plan:
Shoreline Element
October 16, 2014
TABLE OF CONTENTS
Section Page No.
Purpose and Relationship of the Shoreline Management Act to the Growth
Management Act 1
Profile of Shoreline Jurisdiction in Yakima 2
Development of Goals and Policies 2
General Shoreline Planning Sub -element 3
Shoreline Environment Designations 4
High Intensity Environment Policies 5
Essential Public Facilities Policies 5
Shoreline Residential Environment Policies 6
Floodway / Channel Migration Zone (CMZ) Environment Policies 6
Urban Conservancy Environment Policies 7
Aquatic Environment — Lakes 7
Economic Development Sub -element 8
Commercial and Service Development 8
Industrial Development 8
Public Access and Recreation Sub -element 8
Public Access 8
Recreational Development 9
Circulation Sub -element (Transportation & Parking) 9
Shoreline Uses and Modifications Sub -element 10
Agriculture 10
Aquaculture 10
Boating and Private Moorage Facilities 10
Dredging and Dredge Material Disposal 11
Fill 11
In -Water Structures 11
Mining 11
Residential Development 12
Shoreline Stabilization 12
Signs 13
Utilities 13
Existing Uses 13
Redevelopment, Repair, and Maintenance 13
Conservation Sub -element 13
Environmental Protection 13
Critical Areas & Vegetation Conservation 14
Shoreline Habitat and Natural Systems Enhancement Projects 15
Water Quality, Stormwater Management, and Nonpoint Pollution 15
Historic, Cultural, Scientific, and Educational Resources Sub -element 16
Flood Hazard Management Sub -element 17
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
Purpose and Relationship of the Shoreline Management Act to the Growth
Management Act
The Growth Management Act (GMA) was amended in 1995 to add the goals and policies of the state
Shoreline Management Act (SMA) as one of the goals of the GMA. The purpose of the SMA is stated in
RCW 90.58.020 as follows:
"The legislature finds that the shorelines of the state are among the most valuable and fragile of its
natural resources and that there is great concern throughout the state relating to their utilization,
protection, restoration, and preservation. In addition it finds that ever increasing pressures of
additional uses are being placed on the shorelines necessitating increased coordination in the
management and development of the shorelines of the state. The legislature further finds that much
of the shorelines of the state and the uplands adjacent thereto are in private ownership; that
unrestricted construction on the privately owned or publicly owned shorelines of the state is not in
the best public interest; and therefore, coordinated planning is necessary in order to protect the
public interest associated with the shorelines of the state while, at the same time, recognizing and
protecting private property rights consistent with the public interest. There is, therefore, a clear and
urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and
local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of
the state's shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by planning
for and fostering all reasonable and appropriate uses. This policy is designed to insure the
development of these shorelines in a manner which, while allowing for limited reduction of rights of
the public in the navigable waters, will promote and enhance the public interest. This policy
contemplates protecting against adverse effects to the public health, the land and its vegetation and
wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of
navigation and corollary rights incidental thereto. ***
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic
qualities of natural shorelines of the state shall be preserved to the greatest extent feasible
consistent with the overall best interest of the state and the people generally. To this end uses shall
be preferred which are consistent with control of pollution and prevention of damage to the natural
environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the
natural condition of the shorelines of the state, in those limited instances when authorized, shall be
given priority for single-family residences and their appurtenant structures, ports, shoreline
recreational uses including but not limited to parks, marinas, piers, and other improvements
facilitating public access to shorelines of the state, industrial and commercial developments which
are particularly dependent on their location on or use of the shorelines of the state and other
development that will provide an opportunity for substantial numbers of the people to enjoy the
shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the
state shall be recognized by the department. Shorelines and shorelands of the state shall be
appropriately classified and these classifications shall be revised when circumstances warrant
regardless of whether the change in circumstances occurs through man-made causes or natural
causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands
of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the
provisions of chapter 90.58 RCW.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to
minimize, insofar as practical, any resultant damage to the ecology and environment of the
shoreline area and any interference with the public's use of the water."
The Shoreline Management Act policy has been refined to include provisions for uses along the
shoreline, public access to shorelines, preservation and restoration of the shoreline resources and
ecology, promotion of long-term over short-term benefit, and other actions to promote the state-wide
interest of appropriate use of shoreline over local interest.
In addition to incorporating the state SMA goals and policies, the Growth Management Act also provides
that "the goals and policies of a shoreline master program for a county or city...shall be considered an
element of the county or city's comprehensive plan." The City of Yakima's Shoreline Master Program
(SMP) was originally approved by the Washington State Department of Ecology in June 1974. In 2013,
the SMP was updated consistent with Washington Administrative Code (WAC) Chapter 173-26, State
master program approval/amendment procedures and master program guidelines (Guidelines). The
Guidelines are administered by the Washington State Department of Ecology (Ecology). The SMP
becomes effective 14 days after conclusion of both the City's SMP development and adoption process
followed by Ecology's review and approval process.
Profile of Shoreline Jurisdiction in Yakima
The entire shoreline jurisdiction within the City limits and Urban Growth Area (UGA), including
unincorporated territory and the waterbodies themselves, amounts to approximately 1,696 acres (818
acres non-UGA, 878 acres UGA). The City of Yakima has two rivers, one stream, and three lakes which
are identified as "shorelines of the state": the Yakima River, the Naches River, Cowiche Creek, Willow
Lake, Lake Aspen, and Rotary Lake. Buchanan Lake and its shorelands (approximately 76 acres) will be
considered part of the City's shoreline jurisdiction when the Washington Department of Natural
Resources Surface Mine Reclamation Permit lapses or is terminated, or when the City receives a permit
application for new development on or uses of Buchanan Lake.
In accordance with state law, the jurisdiction of Yakima's Shoreline Master Program encompasses the
shoreline waterbodies; land within 200 feet of the ordinary high water mark of these waterways; and
their floodways, certain portions of 100 -year floodplains and channel migration zones, and associated
wetlands.
Development of Goals and Policies
The goals and policies presented here are categorized according to Master Program elements as
mandated by the Shoreline Management Act (SMA). The elements are identified in the SMA as generic
classes of activities for which goals and policies shall be developed and systematically applied to
different shoreline uses in these classes, when deemed appropriate by the local jurisdiction.
The general goal and policy statements found within each element of the Master Program are intended
to provide the policy basis for administration of the City of Yakima Shoreline Master Program. All
elements are equal in their importance and no element has a greater standing or relevance than any
other element. The Master Program Elements are as follows.
A. Shoreline use element for considering:
1. The proposed general distribution and general location and extent of the use on shorelines
and adjacent land areas, including, but not limited to, housing, business, industry,
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OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
transportation, agriculture, natural resources, recreation, education, public buildings and
grounds, and other categories of public and private uses of the land;
2. The pattern of distribution and location requirements of water uses including, but not limited
to, aquaculture, recreation, and transportation; and
3. Establishing the importance of locating water -oriented uses, particularly those that are water -
dependent, within the shoreline jurisdiction area.
B. Economic development element for the location and design of industries, transportation facilities,
port facilities, tourist facilities, commerce and other developments that are particularly dependent
on their location on or use of the shorelines of the state;
C. Public access element for provision for public access to shorelines, particularly publicly owned
areas;
D. Recreational element for preserving and enlarging recreational opportunities including but not
limited to parks, beaches, and recreational areas;
E. Circulation element consisting of the general location and extent of existing and proposed major
thoroughfares, transportation routes, terminals, and other public utilities and facilities, all
correlated with the shoreline use element;
F. Conservation element for the preservation of natural resources, including but not limited to scenic
vistas, aesthetics, and critical areas' functions and values, fisheries and wildlife protection, and
shoreline ecological functions;
G. Historical/cultural/scientific/and educational element for protecting and restoring buildings, sites
and areas having historic, archaeological, cultural, scientific, or educational values; and
H. Flood control element for giving consideration to the state-wide interest in the prevention and
minimization of flood damages, and construction, modification, and restoration of flood -damaged
structures consistent with FEMA Standards.
General Shoreline Planning Sub -element
10.3.1. Implement the general policies and goals of the Shoreline Management Act as listed below
(WAC 173-26-176(3)):
10.3.1.1.
10.3.1.2.
10.3.1.3.
10.3.1.4.
10.3.1.5.
10.3.1.6.
10.3.1.7.
10.3.1.8.
10.3.1.9.
Utilize Shorelines for economically productive uses that are particularly dependent
on Shoreline location or use.
Utilize Shorelines and the waters they encompass for public access and recreation.
Protect and restore the ecological functions of Shorelines.
Protect the public right of navigation and corollary uses of waters of the state.
Protect and restore buildings and sites having historic, cultural, and educational
value.
Plan for public facilities and uses correlated with other shoreline uses.
Prevent and minimize flood damages.
Recognize and protect private property rights.
Preferentially accommodate single-family uses.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.1.10. Coordinate shoreline management with other relevant local, state, and federal
programs.
10.3.2. Protection measures for Shorelines of Statewide Significance should follow the Shoreline
Management Act principles in order of preference as listed below (RCW 90.58.020):
10.3.2.1.
10.3.2.2.
10.3.2.3.
10.3.2.4.
10.3.2.5.
10.3.2.6.
10.3.2.7.
Recognize and protect the state-wide interest over local interest;
Preserve the natural character of the shoreline;
Result in long term over short term benefit;
Protect the resource and ecology of the shoreline;
Increase public access to publicly owned areas of the shorelines;
Increase recreational opportunities for the public in the shoreline;
Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
10.3.3. Establish a system of shoreline uses that:
10.3.3.1. Gives preference to uses with minimal impacts that are dependent upon their
proximity to the water;
10.3.3.2. Is consistent with the control of pollution and prevention of damage to the natural
environment;
10.3.3.3. Protects the public's health, safety, and welfare; ecological functions; and property
rights; and
10.3.3.4. Establishes conditional uses to provide extra protection for the shoreline.
10.3.4. Assure that new shoreline development in the City of Yakima is consistent with a viable
pattern of use suitable to the character and physical limitations of the land and water.
10.3.5. Encourage sound management of renewable and nonrenewable natural resources.
10.3.6. In general when determining the order of preference between conflicts of shoreline uses
the following order should be observed:
10.3.6.1. Water -dependent commercial uses are preferred over nonwater-dependent
commercial uses;
10.3.6.2. Water -related and water -enjoyment commercial uses are preferred over nonwater-
oriented commercial uses; and
10.3.6.3. Nonwater-oriented commercial uses should only be allowed in limited situations.
Shoreline Environment Designations
10.3.7. The City of Yakima's Shorelines are classified into specific environment designations based
on existing and future land use patterns, as well as the biological and the physical
character of the shoreline. Land uses and activities which are permitted within these
environment designations should be limited to those land uses that are consistent with the
character of the identified environment designation.
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OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
High Intensity Environment Policies
10.3.8. High Intensity Environment: The purpose of the "High Intensity" environment is to provide
for high-intensity water -oriented commercial, transportation, and industrial uses while
protecting existing ecological functions and restoring ecological functions in areas that
have been previously degraded.
10.3.9. Specific criteria for designation of the High Intensity environment include areas or
properties that:
10.3.9.1. Presently support high intensity land uses including commercial, industrial, urban
recreational, transportation, or high-intensity water -oriented uses.
10.3.9.2. Are planned to accommodate urban expansion of uses listed in 10.3.9.1.
10.3.10. Water -oriented commercial, industrial, and recreation uses should be given high priority in
the High Intensity environment. First priority should be given to water -dependent uses.
Second priority should be given to water -related and water -enjoyment uses. Nonwater-
oriented uses should not be allowed except as part of mixed-use developments.
Nonwater-oriented uses may also be allowed in limited situations where they do not
conflict with or limit opportunities for water -oriented uses or on sites where there is no
direct access to the shoreline. Public benefits such as ecological restoration or public
access may be required in association with nonwater-oriented development.
10.3.11. New stand-alone residential uses in the High Intensity environment should be discouraged.
10.3.12. When considering shoreline environment designation amendment proposals, full
utilization of existing high intensity areas should be achieved before further expansion of
intensive development is allowed.
10.3.13. Development in the High Intensity designation should assure no net loss of shoreline
ecological functions as a result of new development. Where applicable, new development
should include environmental cleanup and restoration of the shoreline to comply with any
relevant state and federal law.
10.3.14. Where feasible, visual and physical public access should be required as part of
development in the High Intensity designation unless it already exists to serve the
development or other safety, security, or fragile environmental conditions apply.
10.3.15. Aesthetic objectives should be implemented by means such as sign control regulations,
appropriate development siting, screening and architectural standards, and maintenance
of natural vegetative separation.
Essential Public Facilities Policies
10.3.16.
10.3.17.
10.3.18.
The purpose of the Essential Public Facilities environment is to support planning and
maintenance of existing essential public facilities.
Assign an "Essential Public Facilities" environment designation to lands containing those
facilities that are typically difficult to site or relocate, such as state or regional
transportation facilities and waste water handling facilities.
Essential public facilities and their accessory or supporting uses are allowed in the
Essential Public Facilities environment.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.19. Allowed new development in the Essential Public Facilities designation should assure no
net loss of shoreline ecological functions.
10.3.20. Where applicable, new and expanded development should include environmental cleanup
and restoration of the shoreline to comply with any relevant state and federal law.
10.3.21. Expansion and improvement of existing facilities should be allowed, with mitigation
sequencing applied to avoid and then minimize adverse impacts to the extent consistent
with the specific facility and public needs, with mitigation required for any remaining
adverse impacts.
Shoreline Residential Environment Policies
10.3.22. The purpose of the "Shoreline Residential" environment is to accommodate residential
development and appurtenant structures that are consistent with the SMP. An additional
purpose is to provide appropriate public access and recreational uses.
10.3.23. Assign a "Shoreline Residential" environment designation to areas that are predominantly
single-family or multifamily residential development or are planned and platted for
residential development.
10.3.24. Development standards addressing the development envelope, water quality, and
vegetation should assure no net loss of shoreline ecological functions, taking into account
the environmental limitations and sensitivity of the shoreline area, the level of
infrastructure and services available, and other comprehensive planning considerations.
10.3.25. Multifamily and multi -lot residential and recreational developments should provide public
access and joint use for community recreational facilities.
10.3.26. Access, utilities, and public services should be available and adequate to serve existing
needs and/or planned future development.
10.3.27. Commercial development should be limited to water -oriented uses and allowed only when
the underlying zoning permits such uses.
Floodway / Channel Migration Zone (CMZ) Environment Policies
10.3.28.
10.3.29.
6
The Floodway/CMZ environment is intended to protect the water areas; islands,
associated overflow channels, and channel migration areas. This environment provides for
the movement of the river within its floodplain, and emphasizes preservation of the
natural hydraulic, geologic and biological functions of the City's shorelines that are
constrained by biophysical limitations.
The Floodway/CMZ designation is assigned to shoreline areas that are within a mapped
Channel Migration Zone and/or within a designated FEMA Floodway. The extent of the
Floodway/CMZ designation should never extend beyond the limitations of the Shoreline
CMZ found in WAC 173-26-221(3)(b). Areas separated from the active river channel by
existing legal artificial channel constraints should not be considered as part of the CMZ.
In addition, areas that are separated from the active channel by legally existing artificial
structure(s) including transportation facilities, built above or constructed to remain intact
through the one hundred -year flood, should also not be considered part of the CMZ.
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
10.3.30.
10.3.31.
10.3.32.
Commercial, industrial, mining, nonwater-oriented recreation, roads, utilities, parking
areas, and residences should generally not be located in the Floodway/CMZ environment.
Other uses (recreation, resource, etc.) should be carefully limited to protect shoreline
functions.
Activities that may degrade the value of the Floodway/CMZ environment should be
limited, and development in hazardous areas should be restricted.
Modifications that harden or fix stream banks and channels should be discouraged.
Urban Conservancy Environment Policies
10.3.33.
10.3.34.
10.3.34.1.
10.3.34.2.
10.3.34.3.
10.3.34.4.
10.3.34.5.
10.3.35.
The Urban Conservancy environment is intended to protect and restore ecological
functions of open space, floodplain and other sensitive lands where they exist in urban and
developed settings, while allowing a variety of compatible uses.
Specific criteria for designation of the Urban Conservancy environment include areas or
properties that:
Lie in the city limits and urban growth areas;
Are planned for development that is compatible with the principals of maintaining or
restoring the ecological functions of the area;
Are suitable for water -enjoyment uses;
Are open space or floodplains, or;
Are areas that retain important ecological functions which should not be more
intensively developed.
Allowed uses for the Urban Conservancy environment generally include uses which
preserve the natural character of the area, and promote the preservation of open space,
floodplains or sensitive lands. Uses allowed under this designation should focus on
recreation. Commercial, industrial and residential uses should be limited, and when
allowed result in restoration of ecological functions. Public access and recreation
objectives should be implemented whenever feasible and significant ecological impacts
mitigated.
Aquatic Environment — Lakes
10.3.36.
10.3.37.
10.3.38.
10.3.39.
The purpose of the "Aquatic" environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the ordinary high-water mark of
shoreline lakes.
Specific criteria for the Aquatic designation are lands waterward of the ordinary high water
mark of shoreline lakes.
Allow new over -water structures only for water -dependent uses, public access, or
ecological restoration. The size of new over -water structures should be limited to the
minimum necessary to support the structure's intended use.
In order to reduce the impacts of shoreline development and increase effective use of
water resources, multiple use of over -water facilities should be encouraged.
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.40.
10.3.41.
10.3.42.
Uses that could adversely impact the ecological functions of critical freshwater habitats
should not be allowed except where necessary to achieve the objectives of the Shoreline
Management Act, and then only when their impacts are mitigated according to mitigation
sequencing as necessary to assure no net loss of ecological functions.
Shoreline uses and modifications should be designed and managed to prevent degradation
of water quality and alteration of natural hydrographic conditions.
When considering development or activities in the Aquatic environment, the City should
favor development and activities associated with preferred uses of the Shoreline
Management Act and apply development standards that consider water quality,
navigation, presence of aquatic vegetation, existing critical habitats, aesthetics, public
access, and views.
Economic Development Sub -element
Commercial and Service Development
10.3.43.
10.3.44.
Limit commercial and service development to those activities that are dependent upon a
shoreline location. Nonwater-oriented commercial uses may be allowed when part of a
mixed-use development including water dependent activities, or on sites separated from
the shoreline, or when public benefits such as public access and ecological restoration are
provided.
Commercial and service uses which are not shoreline dependent should be encouraged to
locate upland.
Industrial Development
10.3.45.
10.3.46.
Allocate sufficient quantities of suitable land for water -related industry.
Discourage industries which have proven to be environmentally hazardous in shoreline
areas.
Public Access and Recreation Sub -element
Public Access
10.3.47. Protect navigation of waters of the state, the space needed for water -dependent uses, and
views of the water through development standards.
10.3.48. Transportation and parking plans within Shoreline jurisdiction shall include systems for
public access, including pedestrian, bicycle, and public transportation where appropriate.
10.3.49. Whenever possible shoreline development by public entities such as the City of Yakima,
Yakima, County, Yakima Greenway, Washington State Department of Transportation, and
Federal Highway Administration should incorporate both physical and visual public access
to shoreline areas which are compliant with the various entities safety and security access
plans. However, adopted public access plans as described in WAC 173-26-221(4)(c) that
more effectively allow public access thru alternative means may be accepted in lieu of the
above site specific access requirements.
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OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
10.3.50.
10.3.51.
10.3.52.
10.3.53.
10.3.54.
10.3.55.
10.3.56.
Development standards for dedicated and improved public access to the shoreline and
visual quality should be required for public and private developments, with few
exceptions, except where it is demonstrated to be infeasible due to reasons of safety,
security, or impact to the shoreline environment, or constitutional or legal limitations.
Promote and enhance diversified types of public access to shorelines in the City of Yakima
that accommodate intensified uses without significantly impacting natural areas, and do
not infringe upon property rights.
Access to recreational areas should emphasize multiple points of access (parking areas,
trails or bicycle paths).
Development standards should be established to assure preservation of unique, fragile,
and scenic elements, and to protect existing views from public property or large numbers
of residences.
When considering shoreline issues where there is a conflict between water dependent
uses, public access, or maintenance of an existing view from adjacent properties, public
access or water dependent use should have priority unless there is a compelling reason to
the contrary.
Road and railroad facilities should be properly designed, to provide to the greatest extent
practical, scenic corridors, rest areas, view points, and other public oriented facilities.
Wherever feasible, utilities should be placed underground.
Recreational Development
10.3.57. Assure preservation and expansion of diverse, convenient recreational opportunities along
shorelines for public use, consistent with the capacity of the land by ensuring that
shoreline recreational development is given priority and is primarily related to access,
enjoyment and use of the water and Shorelines of the State. This policy may be
accomplished by ensuring that shoreline recreational development is given priority and is
primarily related to access, enjoyment and use of the water and Shorelines of the State.
10.3.58. Land uses designated for a specific shoreline recreational area should be planned to satisfy
a diversity of demands, and must be compatible with each other and the environment.
10.3.59. Where feasible, encourage the use of public lands for recreational facilities as an
economical alternative to new acquisitions by local agencies.
10.3.60. Locate, design, construct and operate recreational facilities to prevent undue adverse
impacts to natural resources and adjacent or nearby private properties.
Circulation Sub -element (Transportation & Parking)
10.3.61.
10.3.62.
10.3.63.
Encourage a transportation network capable of delivering people, goods, and services, and
resulting in minimal disruption of the shorelines' natural system.
When major highways, freeways and railways are required to be located along stream
drainages or lake shores, the facilities should be sufficiently setback, and minimal land
area consumed so that a useable shoreline area remains.
Access roads and parking areas should be located upland, away from the shoreline
whenever possible, and access to the water should be provided by pathways or other
methods.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.64. Parking facilities in shorelines are not a preferred use and should be allowed only as
necessary to support an authorized use.
10.3.65. Proper design, location, and construction of road and railroad facilities should be exercised
to:
10.3.65.1.
10.3.65.2.
Minimize erosion and permit the natural movement of water;
Use existing topography and preserve natural conditions to the greatest practical
extent.
10.3.66. Loops or spurs of old highways with high aesthetic quality or bicycle route potential should
be kept in service.
Shoreline Uses and Modifications Sub -element
Agriculture
10.3.67. Allow lawfully established agricultural activities occurring on agricultural lands to continue.
10.3.68. New agricultural activities on land not currently used for agriculture, conversion of
agricultural lands to other uses, and other development on agricultural land that does not
meet the definition of agricultural activities (including any agricultural development not
specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv)) should meet shoreline
requirements.
10.3.69. Prohibit concentrated feeding operations in shoreline jurisdiction.
Aquaculture
10.3.70. Consider aquaculture a preferred shoreline use when consistent with the control of
pollution and prevention of damage to the environment.
10.3.71. Ensure that aquaculture uses do not conflict with other water -dependent uses or
navigation, spread disease, establish non-native species that cause significant ecological
impact, or significantly impact the aesthetic qualities of the shoreline.
10.3.72. Protect spawning areas designated by the Washington Department of Fish and Wildlife
from conflicting uses.
Boating and Private Moorage Facilities
10.3.73.
10.3.74.
10.3.75.
10.3.76.
10
Ensure that boating facilities are located only at sites with suitable environmental
conditions, shoreline configuration, access, and neighboring uses.
Piers and docks should only be allowed for water -dependent uses and public access,
except that water -enjoyment and water -related uses may sometimes be included as part
of a mixed-use development.
Applications for new piers and docks must show a specific need and must be the minimum
size necessary.
Encourage the cooperative use of shared docks.
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
Dredging and Dredge Material Disposal
10.3.77.
10.3.78.
Fill
Dredging should only be permitted for maintaining existing navigation uses, not for
obtaining fill material or mining.
The deposition of spoils in water areas should only be allowed for habitat improvement or
when the alternative is more detrimental than depositing in water areas.
10.3.79. Normal and reasonable land grading and filling should be allowed where necessary to
develop a land area for a permitted use provided:
10.3.79.1.
10.3.79.2.
10.3.79.3.
10.3.80.
10.3.81.
There is no substantial changes made in the natural drainage patterns; and
There is no reduction of flood water storage capacity that might endanger other
areas.
Filling within the ordinary high water mark should only be allowed when necessary to
support water -dependent uses, public access, transportation facilities, mitigation,
restoration, enhancement, and certain special situations listed in WAC 173-26-
231(3)(c).
In evaluating fill projects, such factors as 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 should be examined.
Shoreline fills or cuts should be located and designed to avoid creating hazards to adjacent
life, property, natural resources systems, and to ensure that the perimeters of the fill
incorporate appropriate mechanisms for erosion prevention.
In -Water Structures
10.3.82. Location and planning of in -water structures should consider the full range of public
interests, watershed functions and processes, and environmental concerns, with a special
emphasis on protecting and restoring priority habitats and species.
10.3.83. All in -water structures should provide for the protection and preservation of ecosystem -
wide processes, ecological functions, and cultural resources, including, but not limited to,
fish and wildlife, water resources, shorelines, critical areas, hydrogeological processes, and
natural scenic vistas.
Mining
10.3.84. Removal of sand, gravel, and minerals should be allowed from only the least sensitive
shoreline areas and should comply with the below policies:
10.3.84.1.
10.3.84.2.
Due to the risk of avulsion and mine pit capture by the rivers, mining within the
stream channel and channel migration zones should not be allowed; and
Restoration or enhancement of ecological functions is encouraged.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.85.
10.3.86.
10.3.87.
10.3.88.
Require land reclamation plans of any mining venture proposed within a shoreline.
Mining reclamation plans shall incorporate this SMP's restoration goal to the greatest
extent feasible, and shall be done in conformance with the Washington State Surface
Mining Act (RCW 78.44).
Ensure that mining and associated activities are designed and conducted consistent with
the applicable environment designation and the applicable critical areas ordinance.
Ensure that proposed subsequent uses of mined property and the reclamation of
disturbed shoreline areas are consistent with the applicable environment designation and
that appropriate ecological functions are required within the reclamation plan.
Residential Development
10.3.89.
10.3.90.
10.3.91.
10.3.91.1.
10.3.91.2.
10.3.91.3.
Design subdivisions at a density, level of site coverage, and occupancy that is compatible
with the physical capabilities of the shoreline, and ensure proposals are located to prevent
the need for new shore stabilization or flood hazard reduction measures.
Restrict subdivisions in areas subject to flooding.
Encourage cluster development wherever feasible to:
Maximize use of shorelines by residents,
Maximize both on-site and off-site aesthetic appeal, and
Minimize disruption of the natural shorelines.
Shoreline Stabilization
10.3.92.
10.3.93.
10.3.94.
10.3.94.1.
10.3.94.2.
10.3.94.3.
10.3.95.
10.3.96.
12
Shoreline modifications should only be allowed where they are shown to be necessary to
support or protect an allowed primary structure or a legally existing shoreline use that is in
danger of loss or substantial damage, or they are necessary for mitigation or enhancement
work.
Shoreline modifications should be limited to the minimum necessary to accomplish the
objective, while still protecting ecological functions. Give preference to shoreline
modifications that have a lesser impact on ecological functions.
New structural stabilization measures should only be allowed:
When they are necessary to protect an existing primary structure,
Are in support of new and existing development, or
Are necessary to protect projects where restoration of ecological functions or
hazardous substance remediation projects is taking place.
Flood protection and stabilization measures which result in or tend toward channelization
of streams such as, hardening of stream banks, or fixing channel locations should be
avoided.
All shore stabilization activities should be designed and constructed to accepted
engineering standards.
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
Signs
10.3.97. Outdoor sign size, spacing and lighting should conform to the Scenic Vistas Act (RCW
47.42) and standards in the Zoning Ordinance.
Utilities
10.3.98. New utility production and processing facilities, such as power plants and sewage
treatment plants, or parts of those facilities that are nonwater-oriented should not be
allowed in shoreline areas unless it can be demonstrated that no other feasible option is
available. Expansion, updating, and maintenance of existing facilities is allowed but should
be designed to minimize impacts as much as possible.
10.3.99. Wherever possible, transmission facilities for the conveyance of services, such as power
lines, cables, and pipelines, should be located outside of the shoreline area. If location
within the shoreline cannot be prevented, utilities should be confined in a single corridor
or within an existing right-of-way or underground consistent with policy 10.3.50.
10.3.100. New sewage treatment, water reclamation, and power plants should be located where
they do not interfere with and are compatible with recreational, residential or other public
uses of the shoreline.
10.3.101. New waste water treatment ponds for industrial uses should be located upland when
feasible.
Existing Uses
10.3.102.
10.3.103.
The SMP should recognize existing uses and developments in the shoreline, and allow
them to continue consistent with their lawfully established condition.
The City should apply applicable SMP provisions to the shoreline use or development
proposed in shoreline jurisdiction, considering the size, location, duration and scope of the
proposal where appropriate.
Redevelopment, Repair, and Maintenance
10.3.104.
10.3.105.
The SMP should recognize existing uses and developments in the shoreline, and allow
them to continue consistent with their lawfully established condition.
The City should apply applicable SMP provisions to the shoreline use or development
proposed in shoreline jurisdiction, considering the size, location, duration and scope of the
proposal where appropriate.
Conservation Sub -element
Environmental Protection
10.3.106.
Maintain, restore and where necessary improve the shoreline terrestrial and aquatic
ecosystems so that they maintain viable, reproducing populations of plants and animals
while providing the maximum public benefit of limited amounts of shoreline areas.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
Critical Areas & Vegetation Conservation
10.3.107. New development or uses, including the subdivision of land, should not be established
when it is foreseeable that the development or use would require structural flood hazard
reduction measures within the channel migration zone or floodway.
10.3.108. New structural flood hazard reduction measures in shoreline jurisdiction should only be
allowed when the following can be demonstrated:
10.3.108.1. The structural flood hazard reduction measure is necessary to protect an existing
development,
10.3.108.2. Nonstructural measures are not feasible,
10.3.108.3. Impacts on ecological functions and priority species and habitats can be successfully
mitigated so as to assure no net loss of ecological functions, and
10.3.108.4. Appropriate vegetation conservation actions are undertaken.
10.3.109. Protect all shorelines of the state so that there is no net loss of ecological functions from
both individual permitted or exempt development.
10.3.110. Evaluate and consider cumulative impacts of development on shoreline ecological
functions to ensure no net loss of ecological function.
10.3.111. Develop a means to allocate the burden of addressing cumulative effects.
10.3.112. Provide, where feasible and desirable, restoration of degraded areas along the City's
shorelines.
10.3.113. Critical areas within shoreline jurisdiction are protected through the critical area policies
and standards of the City of Yakima's Shoreline Master Program and Comprehensive Plan
Natural Environment Chapter.
10.3.114. Protect shoreline streams, lakes, ponds, and wetlands through the application of
vegetative buffers.
10.3.115. Existing agriculture should be encouraged to provide through voluntary means:
10.3.115.1. Maintenance of a permanent vegetative buffer between tilled areas and associated
water bodies,
10.3.115.2. Reduction of bank erosion,
10.3.115.3. Reduction of surface runoff,
10.3.115.4. Reduction of siltation,
10.3.115.5. Improvement of water quality, and
10.3.115.6. Habitat for fish and wildlife.
10.3.116.
10.3.117.
10.3.118.
10.3.119.
14
Buffer requirements for new agriculture uses on non-agricultural lands should be applied.
Provide a permitting process which allows government agencies, and public and private
groups to submit and gain approval for long-term maintenance plans which comply with
the requirements of the City of Yakima Shoreline Master Program.
Natural vegetation within shoreline jurisdiction should be retained to the greatest extent
feasible by applying the stream corridor and wetland buffer requirements.
Selective pruning of trees for safety and view protection, and the removal of noxious
weeds is allowed.
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
10.3.120.
Shoreline construction/maintenance projects which disturb areas of the shoreline should
be restored to a state which is equal or greater than the original project condition. When
replanting is required, native species should be planted and maintained until new
vegetation is established.
Shoreline Habitat and Natural Systems Enhancement Projects
10.3.121.
10.3.122.
10.3.123.
10.3.124.
10.3.125.
Restoration and enhancement of shorelines should be designed using principles of
landscape and conservation ecology and should restore or enhance chemical, physical, and
biological watershed processes that create and sustain shoreline habitat structures and
functions.
Restoration and enhancement actions should improve shoreline ecological functions and
processes and should target meeting the needs of sensitive plant, fish and wildlife species
as identified by Washington Department of Fish and Wildlife, Washington Department of
Natural Resources, Yakama Nation, National Marine Fisheries Service, and/or U.S. Fish and
Wildlife Service.
The City should, and private entities are encouraged to, seek funding from State, Federal,
private and other sources to implement restoration, enhancement, and acquisition
projects, particularly those that are identified in the Restoration Plan of this SMP or the
local watershed plans.
The City should develop processing guidelines that will streamline the review of
restoration -only projects.
Allow for the use of tax incentive programs, mitigation banking, grants, land swaps, or
other programs, as they are developed, to encourage restoration and enhancement of
shoreline ecological functions and to protect habitat for fish, wildlife and plants.
Water Quality, Stormwater Management, and Nonpoint Pollution
10.3.126. Shoreline water quality should be protected as follows:
10.3.126.1. Rely on the City's stormwater program and Ecology's Stormwater Management
Manual for Eastern Washington which meet state and federal stormwater control
requirements where possible;
10.3.126.2. Utilize Critical Aquifer Recharge Area protection measures;
10.3.126.3. Control drainage and surface runoff from all facilities requiring large quantities of
fertilizers and pesticides to prevent contamination of water areas;
10.3.126.4. All developments should comply with Yakima County Health regulations, when
applicable;
10.3.126.5. Handle and dispose of pesticides in accordance with provisions of the Washington
Pesticide Application Act (RCW 17.21) and the Washington Pesticide Act (RCW
14.47);
10.3.126.6. Proper design, location, and construction of all facilities should be exercised to
prevent the entry of pollutants or waste materials into waterbodies;
10.3.126.7. When earthen materials are moved within shoreline areas, measures to adequately
protect water quality should be provided;
10.3.126.8. Water quality protection measures should not impact recreation opportunities;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
10.3.126.9. New development and redevelopment proposals should be connected to city sewer;
and
10.3.126.10. New development and redevelopment proposals should provide adequate
stormwater handling and possibly pre-treatment facilities.
10.3.127. Agricultural erosion control measures should conform to standards established by the
Conservation Districts of Yakima County and those agreed upon in USDA conservation
plans.
10.3.128. In planning for marina location and design, special water quality considerations should be
given to:
10.3.128.1.
10.3.128.2.
10.3.128.3.
10.3.129.
Fuel handling and storage facilities to minimize accidental spillage,
Proper water depth and flushing action for any area considered for overnight or
long-term moorage facilities, and
Adequate facilities to properly handle wastes from holding tanks.
Sanitary landfills along shoreline areas should be prohibited. The disposal of all solid
wastes should be disposed of in accordance with the Yakima County Inter -local and
Moderate Risk Solid Waste Management Plan.
Historic, Cultural, Scientific, and Educational Resources Sub -element
10.3.130.
10.3.131.
10.3.132.
10.3.133.
10.3.134.
16
Require the protection and restoration of areas and sites in the City of Yakima having
historic, archaeological, cultural, educational or scientific value consistent with local, state
and federal laws.
Development along shorelines includes planning that incorporates expertise and
recommendations of qualified cultural resource professionals including archaeologists,
historians, and tribal representation to identify cultural and historic resources that could
be affected by the project; evaluate any present resources for significance; and
recommend appropriate preservation strategies.
Shoreline permits should contain conditions of approval which require developers to
immediately stop work and notify local governments, the Office of Archaeology and
Historic Preservation, and the Yakama Nation, if any archaeological or historic resources
are uncovered during excavation.
Development that would destroy archaeological, cultural and/or historic sites or data will
be delayed for an appropriate amount of time as determined by the City in consultation
with interested parties that would allow an appropriate entity to protect or mitigate the
affected resource.
Establish and implement procedures that protect cultural and historic resources by
designing projects to avoid impacting resources to the greatest extent possible or
identifying and implementing mitigation measures when avoidance or preservation is not
possible.
OCTOBER 16, 2014 CITY OF YAKIMA SHORELINE MASTER PROGRAM
Flood Hazard Management Sub -element
10.3.135.
10.3.136.
10.3.137.
10.3.138.
10.3.139.
The City should ensure public and private development applications site and design flood
control measures consistent with appropriate engineering principles, including guidelines
of the Natural Resource Conservation Service, the U.S. Army Corps of Engineers, Yakima
County Flood Hazard Management Plan, watershed plans, restoration plans, critical area
regulations, floodplain regulations, and stormwater management plans and regulations in
order to prevent flood damage, maintain the natural hydraulic capacity of floodways, and
conserve limited resources such as fish habitat, water, and soil.
Where feasible, non-structural methods to protect, enhance, and restore shoreline
ecological functions and processes and other shoreline resources should be encouraged as
an alternative to structural flood control works. Non-structural methods may include, but
are not limited to, shoreline buffers, land use controls, use relocation, wetland restoration,
dike removal, biotechnical measures, stormwater management programs, land or
easement acquisition, voluntary protection and enhancement projects, or incentive
programs.
New or expanding development or uses in shoreline jurisdiction, including subdivision of
land, that would likely require structural flood control works, such as dikes, levees,
revetments, floodwalls, channel realignment, gabions or rip -rap, within a river, floodway,
or lake should not be allowed.
New structural flood control works should only be allowed in shoreline jurisdiction when it
can be demonstrated by a scientific and engineering analysis that they are necessary to
protect existing development, that impacts to ecological functions and priority species and
habitats can be successfully mitigated so as to assure no net loss, that appropriate
vegetation conservation actions are undertaken, and where non-structural flood hazard
reduction measures are infeasible.
Flood control works and shoreline uses, development, and modifications should be
located, designed, constructed and maintained so their resultant effects on geo-hydraulic
shoreline processes will not cause significant damage to other properties or shoreline
resources, and so that the physical integrity of the shoreline corridor is maintained.
17
CITY OF YAKIMA
Grant No. G1200051
City of Yakima
Shoreline Master Program
Title 17
Regulations
October 16, 2014
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
TABLE OF CONTENTS
Section Page No.
Chapter 17.01 Purpose and General Provisions 34
17.01.010 Authority 34
17.01.020 Applicability 34
17.01.030 Findings 42
17.01.040 Purpose 58
17.01.050 Relationship to Other Codes, Ordinances and Plans 58
17.01.060 Liberal Construction 64
17.01.070 Severability 64
17.01.080 Effective Date 64
17.01.090 Definitions 64
17.01.100 Shoreline Jurisdiction 2422
Chapter 17.03 Shoreline Environment Designations 2524
17.03.010 Floodway / Channel Migration Zone (CMZ) 2624
17.03.020 Urban Conservancy 2624
17.03.030 High Intensity 2725
17.03.040 Essential Public Facilities 2725
17.03.050 Shoreline Residential 282-6
17.03.060 Aquatic 282-6
17.03.070 Shoreline Use and Modification Matrix 2927
17.03.080 Development Standards 3544
17.03.090 Official Shoreline Maps and Unmapped or Undesignated Shorelines 3644
17.03.100 Pre -Designation 3634
Chapter 17.05 General Regulations 3744
17.05.010 Archaeological and Historic Resources 3744
17.05.020 Environmental Protection 3744
17.05.030 Shoreline Vegetation Conservation 3946
17.05.040 Water Quality, Stormwater, and Nonpoint Pollution 4048
17.05.050 Public Access 4149
17.05.060 Flood Hazard Reduction 4344
Chapter 17.07 Use -Specific and Modification Regulations 474
17.07.010 Agriculture 474
17.07.020 Aquaculture 4844
17.07.030 Boating and Private Moorage Facilities 4846
17.07.040 Commercial and Service Development 494-7
17.07.050 Dredging and Dredge Material Disposal 5048
17.07.060 Fill 5249
17.07.070 Industry 5344
17.07.080 In -Water Structures 5451
17.07.090 Mining 5552
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
17.07.100 Recreational Development 565
17.07.110 Residential Development 56-54
17.07.120 Shoreline Habitat and Natural Systems Enhancement Projects 5754
17.07.130 Shoreline Stabilization 5854
17.07.140 Signs 60-57
17.07.150 Transportation and Parking 605.8
17.07.160 Utilities 6143
17.07.170 Redevelopment, Repair, and Maintenance 6364
Chapter 17.09 Critical Areas In Shoreline Jurisdiction 66
17.09.010 General Provisions 66
17.09.020 Flood Hazard Areas 7947
17.09.030 Fish and Wildlife Habitat and the Stream Corridor System 8885
17.09.040 Wetlands 984-6
17.09.050 Geologically Hazardous Areas 103101
17.09.060 Critical Aquifer Recharge Areas 107105
Chapter 17.11 Existing Uses, Structures and Lots 112110
17.11.010 Nonconforming Uses 112110
17.11.020 Nonconforming Structures 113111
17.11.030 Nonconforming Lots 113111
17.11.040 Pre-existing Legal Uses — Conforming Residential Structures 113444
17.11.050 Additional Requirements for Certain Uses 114112
Chapter 17.13 Administration and Enforcement 114112
17.13.010 Roles and Responsibilities 114112
17.13.020 Interpretation 115113
17.13.030 Statutory Noticing Requirements 115113
17.13.040 Application Requirements 116111
17.13.050 Exemptions from Shoreline Substantial Development Permits 117345
17.13.060 Shoreline Substantial Development Permits 117115
17.13.070 Shoreline Conditional Use Permits 117115
17.13.080 Shoreline Variance Permits 118346
17.13.090 Duration of Permits 119117
17.13.100 Initiation of Development 121444
17.13.110 Review Process 121449
17.13.120 Appeals 121119
17.13.130 Amendments to Permits 122120
17.13.140 SMP Amendments 123121
17.13.150 Enforcement 124322
17.13.160 Monitoring 121122
Appendix B: Designated Type 2 Stream Corridors B-1
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
LIST OF TABLES
Table 03.070-1. Shoreline Use and Modification Matrix 2924
Table 09.030-1. Standard Stream Buffers. 9694
Table 09.040-1. Standard Wetland Buffers 10149
Table 09.040-2. Required measures to minimize impacts to wetlands 10149
TITLE 17 - SHORELINE MASTER PROGRAM REGULATIONS
CHAPTER 17.01 PURPOSE AND GENERAL PROVISIONS
17.01.010 Authority
A. Title 17 of the Yakima Municipal Code is established pursuant to RCW Chapter 90.58 (Shoreline
Management Act), WAC 173-26 (State master program approval/amendment procedures and
master program guidelines), and WAC 173-27 (Shoreline management permit and enforcement
procedures). This title shall be known as the "Shoreline Master Program Regulations."
B. The Shoreline Master Program Regulations shall, for the purposes of 36.70A.480 (G MA and
Shorelines of the State), be considered a set of use regulations applying only to shoreline areas as
specified in RCW 90.58 (SMA) and WAC 173-26 (State master program approval/amendment
procedures and master program guidelines). These regulations are intended to be substantive legal
rules and procedures used to implement the goals and policies of the Master Program (these
goals ad policies are contained in the City of Yakima Comprehensive Plan, Chapter 10, Section 3 —
General Shoreline Planning Sub -element). These regulations shall be applied and interpreted in a
manner consistent with the remainder of the Master Program or the Act.
17.01.020 Applicability
A. The provisions of this title shall apply to any new development, construction or use within the
incorporated portion of the City of Yakima. However, this title does not apply to the situations
below:
1. Interior building improvements that do not change the use or occupancy are not subject to
this title;
2. Exterior structure maintenance activities, including painting and roofing, as long as such
activities do not expand the existing footprint of the structure or impervious area;
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn
mowing, pruning and weeding;
4. Maintenance of the following existing facilities that do not expand the affected area: septic
tanks (routine cleaning), wells, and individual utility service connections;
5. Changing agricultural crops within an existing farming operation is not considered new
development, construction or use. SMP regulations do apply to the following: 1) new
agricultural activities on land not meeting the definition of agricultural land, 2) conversion of
agricultural lands to other uses, and 3) other development on agricultural land that does not
meet the definition of agricultural activities (e.g. processing plants); and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
6. Minor, temporary or transient activities, including those of a recreational nature, that do not
alter the environment or require a dedicated staging area, use area, or route are not subject
to this title, and including temporary signs (election, sale, rent, etc.).
B. The following subsections guide the determination of applicability of SMP regulations on federal
lands:
1. Federal development on federally owned land is not subject to this SMP nor required to
obtain a Shoreline permit unless otherwise required by federal law, or unless the state by
statute has ceded all regulatory authority over the federal ownership;
2. Federal development on a federally owned lease is not subject to this SMP nor required to
obtain a Shoreline permit unless otherwise required by federal law, or unless the state by
statute has ceded all regulatory authority over the federal ownership as long as the
development is consistent with the purpose of the lease;
3. Development on federally owned land under a federal lease or easement for a non-federal
activity is subject to this SMP and must obtain a Shoreline permit; for example, the SMP
applies to private activities on federal land such as leases where the private citizen owns the
structure but the federal government owns the land;
4. Non-federal development or use on federally owned land is subject to this SMP and must
obtain a Shoreline permit; and
5. Development on non-federal land is subject to this SMP and must obtain a Shoreline permit,
even if it is leased, rented, etc. to the federal government, or it is within the boundaries of
federal ownership unless the state by statute has ceded all regulatory authority over the
federal ownership.
C. Unless specifically exempted by statute, all proposed uses and development occurring within
shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline Management Act and this
Master Program whether or not a permit is required.
17.01.030 Findings
A. The Yakima River Greenway consists of extensive trails along the Yakima River and Naches River
providing regional shoreline public access that draws significant numbers of persons.
B. All jurisdictional lakes, or pre -designated lakes associated with mining, are manmade, highly altered,
and separated by levees and highways from the river courses.
C. Willow Lake and Lake Aspen are owned by homeowners associations, and Lake Aspen's residential
community is governed by covenants, conditions, and restrictions.
D. There is relatively limited development potential on lands in the city limits due to the historic urban
developed character, and limited development potential in the city and UGA where there are
channel migration zones, floodways, and concentrations of critical areas.
E. There are several essential public facilities in shoreline jurisdiction such as highways of statewide
significance and the City's wastewater treatment plant. Another significant public use includes a
state park providing active and passive recreation.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
F. The CMZ and floodway areas are largely in public ownership and are managed for flood hazard
protection, water processes, and habitat value.
G. SMP environments and regulations recognize the current and future preferred uses, altered and
natural character, and shoreline ecological functions.
H. The current shoreline conditions, anticipated development, and proposed SMP use and
environmental regulations are demonstrated in the CIA Addendum to result in no -net -loss of
shoreline ecological function.
17.01.040 Purpose
The purpose of YMC Title 17 is to establish a single, uniform system of procedures and standards to be
applied to development within Shoreline jurisdiction of the City of Yakima. The SMP regulations are
intended to carry out the responsibilities imposed on the City of Yakima by the Shoreline Management
Act (RCW 90.58) and its Administrative Rules (WAC 173-18, WAC 173-20, WAC 173-22, WAC 173-26 and
WAC 173-27) insofar as regulations can, and the adoption of these regulations does not remove other
responsibilities imposed by the Act. The purposes of the Shoreline Master Program Regulations are to:
A. Promote reasonable and appropriate use of the shorelines that will protect the public and
private interest;
B. Protect against adverse effects to the public health, the land, its vegetation and wildlife and the
waters and their aquatic life within the City of Yakima;
C. Protect public rights of navigation;
D. Recognize and protect private property rights consistent with public interest;
E. Promote a high quality of environment along the shorelines;
F. Preserve and protect fragile natural resources and culturally significant features;
G. Increase public access to publicly owned areas of the shorelines where increased use levels are
desirable;
H. Protect public and private properties from adverse effects of improper development in hazardous
shorelines areas;
I. Recognize and protect the statewide interest;
J. Give preference to uses that result in long-term over short-term benefits; and
K. Provide for no net loss of ecological functions cumulatively from both individual permitted
development and individual exempt development.
L. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
17.01.050 Relationship to Other Codes, Ordinances and Plans
A. All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. At
the time of application or initial inquiry, the Shoreline Administrator shall inform the
applicant/proponent of other local laws and rules that may be applicable to the project. The
responsibility for determining applicable federal, state or special district statutes and regulations
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
and complying with the same rests with the applicant/proponent or responsible person carrying out
the activity, use, or development in question.
B. This SMP includes critical areas regulations applicable only in the shoreline jurisdiction, and shall
control within shoreline jurisdiction over other City critical area regulations adopted pursuant to the
Growth Management Act.
C. Other rules and regulations, including but not limited to the City of Yakima development regulations
addressing subdivision, zoning, building and construction shall remain in full force and effect as they
apply to a designated Shoreline.
D. Wherever the requirements of this Title 17 conflict with the requirements of City rules or
regulations, the most restrictive standards shall govern.
17.01.060 Liberal Construction
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and
this SMP shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and
policies for which they were enacted.
17.01.070 Severability
If any provision of the ordinance codified in this title, or its application to any person or legal entity or
circumstances is held to be invalid, the remainder of said ordinance or the application of the provision to
other persons or legal entities or circumstances shall not be affected.
17.01.080 Effective Date
This SMP and all amendments thereto shall become effective 14 days from the date of the Washington
Department of Ecology's written notice of final approval.
17.01.090 Definitions
Whenever the words and terms set forth in this section appear in this title, they shall be given the
meaning attributed to them by this section. Definitions established by RCW 90.58.030 and WAC 173
have been incorporated herein and should these definitions in the RCW or WAC be amended, the most
current RCW or WAC definition shall apply. Except where specifically defined in this section, the RCW or
the WAC, all words used in this Shoreline Master Program shall carry their customary meanings.
When not inconsistent with the context, words used in the present tense include the future; the singular
includes the plural; and the plural, the singular.
"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered
abutting even though the area of contact may be only a point.
"Accessory" means any use or development incidental to and subordinate to a primary use of a
shoreline use or development. See also Appurtenance, Residential.
"Act" means the Washington State Shoreline Management Act, chapter 90.58 RCW.
"Adjacent" means to be nearby and not necessarily abutting.
"Shoreline Administrator" means the duly appointed City of Yakima Director of Community
Development, whichever is appropriate, or their designee.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Adoption by rule" means an official action by the Department of Ecology to make a local government
shoreline master program effective through rule consistent with the requirements of the Administrative
Procedure Act, chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or
amendment into the state master program.
"Advanced mitigation" is a form of permittee -responsible mitigation constructed in advance of a
permitted impact. An advance mitigation site needs to be planned, designed, and constructed before a
project can use any mitigation credit. Advance mitigation can be proposed by any applicant, but the
advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can
only be used by that same applicant.
"Agricultural activities" means agricultural uses and practices including, but not limited to: Producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land
used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded;
allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation easement;
conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no
closer to the shoreline than the original facility; and maintaining agricultural lands under production or
cultivation.
"Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable,
fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for
livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock including both the animals themselves and
animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy
products.
"Agricultural equipment" and "agricultural facilities" includes, but is not limited to:
A. The following used in agricultural operations: Equipment; machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes,
canals, ditches, and drains;
B. corridors and facilities for transporting personnel, livestock, and equipment to, from, and within
agricultural lands;
C. farm residences and associated equipment, lands, and facilities; and
D. roadside stands and on-farm markets for marketing fruit or vegetables.
"Agricultural land" means those specific land areas on which agriculture activities are conducted as
of the date of adoption of a local master program as evidenced by aerial photography or other
documentation. After the effective date of the master program, land converted to agricultural use is
subject to compliance with the requirements of the master program.
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a
segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or
broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a
constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly
outward with gradually decreasing gradient.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline
master program.
"Applicant" means a person, party, firm, corporation, or other legal entity that proposes a
development, construction or use on a site.
"Approval" means an official action by a local government legislative body agreeing to submit a
proposed shoreline master program or amendments to the Department of Ecology for review and
official action pursuant to this chapter; or an official action by the Department of Ecology to make a
local government shoreline master program effective, thereby incorporating the approved shoreline
master program or amendment into the state master program.
Appurtenance, residential" is necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the ordinary high water mark and the perimeter of a wetland.
Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank
and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not
involve placement of fill in any wetland or waterward of the ordinary high water mark.
"Aquaculture" means the culture and/or farming of fish, shellfish, or other aquatic plants and animals.
When dependent on the use of the water area and when consistent with control of pollution and
prevention of damage to the environment, aquaculture is a preferred use of the water area.
Commercial aquaculture is conducted to produce products for market with the objective of earning a
profit. Non-commercial aquaculture is conducted for the benefit of native fish recovery, education and
interpretation, or other public benefit or use.
"Aquifer" means a saturated geologic formation which will yield a sufficient quantity of water to serve as
a private or public water supply.
"Bank" means the land surface above the ordinary high water mark that abuts a body of water and
contains it to the bankfull depth.
"Bankfull depth" means the average vertical distance between the channel bed and the estimated water
surface elevation required to completely fill the channel to a point above which water would enter
the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull
depth is the average depth of all channels along the cross-section.
"Barb" is a structure used primarily in streams. It is a low relief projection from a bank, angled
upstream, to redirect flow away from the bank towards the center of the channel. As opposed to groins
or jetties, barbs are not barrier types of structures; they function by re -directing flows that pass over the
top of the structure.
"Base Flood" for purposes of administering Section 17.09.020 means the flood having a 1 -percent
chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2)
"Base flood elevation" for purposes of administering Section 17.09.020 means the elevation of the
base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North
American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
(Ref. IBC 1612.2)
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Basement" for purposes of administering Section 17.09.020 means any area of the building having
its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2)
"Bed" means the land below the ordinary high water lines of state waters. This definition shall not
include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except
where they exist in a natural watercourse that has been altered by man.
"Bedrock" means in-place solid rock.
"Berm" means a mound of earth material used as a protective barrier or to control the direction of water
flow.
"Best Management Practices" or "BMPs" means schedules of activities, practices, maintenance
procedures, and structural and/or managerial practices that, when used singly or in a combination
prevent or reduce adverse impacts to the environment.
"Bioengineering" means project designs or construction methods which use live woody vegetation or a
combination of live woody vegetation and specially developed natural or synthetic materials to
establish a complex root grid within the existing bank which is resistant to erosion, provides bank
stability, and maintains a healthy riparian environment with habitat features important to aquatic and
terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use
of armored toes and wood structural elements.
"Boating facilities" means developments and uses that support access to shoreline waters for purposes
of boating, including marinas, community docks serving more than four single-family residences or
multi -family units, public piers, and community or public boat launch facilities. Docks serving four of
fewer single-family residences are not boating facilities.
"Breakwater" means a fixed or floating off -shore structure that protects the shore from wave
action or currents.
"Buffer averaging" means the regulatory alteration of the dimensions of a buffer that allows for
increases and decreases in the buffer in discrete areas provided that the net area of buffer remains the
same.
"Building Official" means the manager of the Offices of Code Administration or designee.
"Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shore
consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
"Channel" means an open conduit, either naturally or artificially created, which periodically or
continuously contains moving water, or which forms a connecting link between two bodies of water.
"Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be
reasonably predicted to migrate over time as a result of natural and normally occurring hydrological
and related processes when considered with the characteristics of the river and its surroundings.
"Classification" means the definition of value and hazard categories to which critical areas and natural
resource lands will be assigned.
"Clearing" means the removal of timber, brush, grass, ground cover or other vegetative matter from a
site.
"Compaction" means compressing soil through some mechanical means to make it denser.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Comprehensive master program update" means a master program that fully achieves the procedural
and substantive requirements of the Department of Ecology's Shoreline Master Program Guidelines
effective January 17, 2004, as now or hereafter amended.
"Conditional use" means a use, development, or substantial development which is classified as a
conditional use or is not classified within the applicable master program.
"Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or
holding of animals or poultry, including, but not limited to, horses, cattle, sheep or swine. This definition
includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg
production facilities and fur farms, but does not include animal husbandry.
"Construction" means the assembly, placement, or installation of structures, roadways, transmission
lines, and other improvements within a project site.
"Critical Aquifer Recharge Area" means an area with a critical recharging effect on aquifers used for
potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the
potability of the water.
"Critical areas" as defined under chapter 36.70A RCW includes the following areas and ecosystems:
A. Wetlands;
B. Areas with a critical recharging effect on aquifers used for potable waters;
C. Fish and wildlife habitat conservation areas;
D. Frequently flooded areas; and
E. Geologically hazardous areas.
"Designated" means formal legislative action to identify and describe a critical area.
"Department" means the City of Yakima Community Development Department.
"Development" means a use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing
of obstructions; or any project of a permanent or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands subject to the act at any stage of water level. See
also Substantial Development. Development does not include the following activities:
A. Interior building improvements that do not change the use or occupancy;
B. Exterior structure maintenance activities, including painting and roofing as long as it does not
expand the existing footprint of the structure;
C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing,
pruning and weeding; and
D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks
(routine cleaning); wells; and individual utility service connections.
"Development regulations" means the controls placed on development or land uses by a county or city,
including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline
master program other than goals and policies approved or adopted under chapter 90.58 RCW, planned
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
unit development ordinances, subdivision ordinances, and binding site plan ordinances together with
any amendments thereto.
"Dike" means an embankment to prevent flooding by a stream or other water body. A dike is also
referred to as a levee.
"Dock" means a structure built over or floating upon the water and used as a landing place for boats
and other marine transport, fishing, swimming, and other recreational uses.
"Document of record" means the most current shoreline master program officially approved or adopted
by rule by the department for a given local government jurisdiction, including any changes resulting
from appeals filed pursuant to RCW 90.58.190.
"Dredging" means removal of earth from the bed of a stream, lake, or pond for the purpose of flood
control; navigation; utility installation (excluding on-site utility features serving a primary use, which are
"accessory utilities" and shall be considered a part of the primary use); the construction or modification
of essential public facilities and regional transportation facilities; restoration (of which the primary
restoration element is sediment/soil removal rather than being incidental to the primary restoration
purpose); and/or obtaining minerals, construction aggregate, or landfill materials. This definition does
not include excavation for mining within a pond created by a mining operation approved under this
title or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines,
or Critical Areas permits were required for such operations. Dredging, as regulated in this SMP under
Section 17.07.0560, is not intended to cover other excavations waterward of the ordinary high water
mark that are incidental to construction of an otherwise authorized use or modification (e.g., bulkhead
replacements, large woody debris installations, boat launch ramp installation, pile placement).
"Earth material" means any rock, natural soil, or combination thereof.
"Ecological functions" or "shoreline functions" means the work performed or role played by the
physical, chemical, and biological processes that contribute to the maintenance of the aquatic and
terrestrial environments that constitute the shoreline's natural ecosystem.
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated ecological
functions.
"Enhance" means to strengthen any of the basic functional properties listed in Chapter 17.09 that exist
but do not perform at optimum efficiency. "Optimum" refers to the most favorable or best
performance of each function achievable for a specific segment of stream or lake corridor.
"Ephemeral stream" means a stream that flows only in response to precipitation with no groundwater
association, usually less than 30 days per year. The lack of any groundwater association results in a
lack of a distinctive riparian vegetation compared to the surrounding landscape.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water,
or ice.
"Events and Temporary Uses" means a social or community occasion or activity lasting for a limited
time. Events and Temporary Uses within permitted facilities or legally non -conforming facilities that are
designed for such uses are not included in this definition, as long as they do not materially interfere
with the normal public use of the water or shorelines of the state.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Excavation" means the mechanical removal of earth material.
"Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9),
90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a Shoreline Substantial
Development Permit, but which must otherwise comply with applicable provisions of the Act and the
local master program.
"Fair market value" of a development is the open market bid price for conducting the work, using the
equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead and profit. The fair market value of the development shall
include the fair market value of any donated, contributed or found labor, equipment or materials.
"Feasible" means that an action, such as a development project, mitigation, or preservation
requirement, meets all of the following conditions:
A. The action can be accomplished with technologies and methods that have been used in the past in
similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project's primary intended legal use.
In cases where these Guidelines require certain actions unless they are infeasible, the burden of proving
infeasibility is on the applicant. In determining an action's infeasibility, the City may weigh the action's
relative public costs and public benefits, considered in the short- and long-term time frames.
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the
elevation or creates dry land. The physical structure of a shore stabilization structure shall not be
considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation
for irrigation diversions or restoration shall not be considered fill.
"Flood" means a general and temporary condition of partial or complete inundation of normally dry
land areas from the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood hazard permit" means written approval applied for and obtained in accordance with such rules
and regulations as are established under this title.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" means the official report provided by the Federal Emergency Management
Agency that includes flood profiles, the flood boundary-floodway map, and the water surface
elevation of the base flood.
"Floodplain" is synonymous with the one hundred -year floodplain and means that land area susceptible
to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of
this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the
objectives of the act.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Flood -prone" means a land area for which a floodway and floodplain has not been determined with
respect to any specific flood frequency, but for which the potential for flooding can be identified by
information observable in the field such as soils or geological evidence, or by materials such as flood
studies, topographic surveys, photographic evidence or other data.
"Flood -proofing" for purposes of administering YMC Title 17 means any combination of structural and
nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood
damages to lands, water and sanitary facilities, structures and contents of buildings.
"Floodway" means the area, as identified in a master program, that either:
A. Has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or
floodway maps; or
B. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse
upon which flood waters are carried during periods of flooding that occur with reasonable
regularity, although not necessarily annually, said floodway being identified, under normal
condition, by changes in surface soil conditions or changes in types or quality of vegetative ground
cover condition, topography, or other indicators of flooding that occurs with reasonable regularity,
although not necessarily annually.
Regardless of the method used to identify the floodway, the floodway shall not include those lands that
can reasonably be expected to be protected from flood waters by flood control devices maintained by or
maintained under license from the federal government, the state, or a political subdivision of the state.
"Floodway fringe" for purposes of administering YMC Title 17 means that portion of a floodplain
which is inundated by floodwaters, but is not within a defined floodway. Floodway fringes serve as
temporary storage for floodwaters.
"Forest land" means land primarily devoted to forest practices activities.
"Forest practices" means activities conducted under federal forest practices approval or under a Forest
Practices permit reviewed and approved by the Washington Department of Natural Resources
pertaining to the management of forest land, including growing, managing, harvesting, and interim
storage of merchantable timber for commercial value, as well as incidental activities reviewed under
federal or state approval, such as road construction and maintenance (including bridges) and mining
activities.
"Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a
qualified expert that includes a description of the ground and surface hydrology and geology, the
affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or
processes, conclusions and recommendations regarding the effect of the proposed development on
geologic conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to mitigate potential
site-specific and cumulative geological and hydrological impacts of the proposed development, including
the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall
conform to accepted technical standards and must be prepared by qualified professional engineers or
geologists who have professional expertise about the regional and local shoreline geology and
processes.
"Grade" means the vertical location of the ground surface. "Natural grade" is the grade as it exists
or may have existed in its original undisturbed condition. "Existing grade" is the current grade in either
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
its undisturbed, natural condition or as disturbed by some previous modification. "Rough grade" is a
stage where grade conforms approximately to an approved plan. "Finish grade" is the final grade of
the site which conforms to an approved plan. "Average grade level" is the average of the natural or
existing topography of the portion of the lot, parcel, or tract of real property which will be directly under
the proposed building or structure. In the case of structures to be built over water, average grade level
shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be
made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building
or structure.
"Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land
"Groin" means a barrier type of structure that extends from the stream bank into a waterbody for the
purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or
deposition of materials. Groins may serve a variety of functions, including bank protection, pool
formation, and increased roughness, and may include rock structures, debris jams, or pilings that collect
wood debris. See also Barb and Weir.
"Groundwater" means water that occurs beneath the land surface, also called subsurface water or
subterranean water. Groundwater includes water in the zone of saturation of a water -bearing
formation.
"Guidelines" means those standards adopted by the Department of Ecology into the Washington
Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the
shorelines of the state prior to adoption of master programs. Such standards also provide criteria for
local governments and the Department of Ecology in developing and amending master programs.
"Hard structural shoreline stabilization" means shoreline erosion control practices using hardened
structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline
stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear,
vertical or near -vertical faces. These include bulkheads, rip -rap, and similar structures.
"Hazardous materials" means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in
usable or waste condition; any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous
waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health
hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials
are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at
ambient temperatures, including any waste oils or sludge.
"Height" is measured from average grade level to the highest point of a structure: Provided, that
television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except
where such appurtenances obstruct the view of the shoreline of a substantial number of residences on
areas adjoining such shorelines, or the SMP specifically requires that such appurtenances be included:
Provided further, that temporary construction equipment is excluded in this calculation.
"Hydraulic dredging" is a minimally invasive dredging technique that utilizes suction to vacuum up
sediments and other lake or riverbed material.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Hydrologically Related Critical Areas (HRCA)" include all those areas identified in YMC 17.09.030.0
within the City of Yakima which are important and deserving of protection by nature of their value for
the functional properties found in YMC 17.09.030.E.
"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with
channel water and water movement is mainly in the downstream direction.
"Intermittent stream" means a stream which flows only during certain times of the year, with inputs
from precipitation and groundwater, but usually more than 30 days per year. The groundwater
association generally produces an identifiable riparian area. This definition does not include streams
that are intermittent because of irrigation diversion or other manmade diversions of the water.
"In -water structures" are structures placed by humans within a stream, river or lake waterward of the
OHWM that either causes or has the potential to cause water impoundment or the diversion,
obstruction, or modification of water flow. In -water structures may include those for hydroelectric
generation, irrigation, water supply, flood control, transportation, utility service transmission, fish
habitat enhancement, recreation, or other purpose. Barbs, jetties, groins and weirs are all examples of
in -water structures.
"Lake or pond" means an inland body of standing water.
"Limited master program amendment" means a master program amendment that addresses specific
procedural and/or substantive topics and which is not intended to meet the complete requirements of a
comprehensive master program update.
"Lowest floor" for purposes of administering YMC 17.09.020 means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement area, is not considered a
building's lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this title.
"Maintenance, Normal" means those usual acts to prevent a decline, lapse, or cessation from a legally
established condition. See Repair, Normal.
"Manufactured home" means a structure fabricated on a permanent chassis that is transportable in
one or more sections; is designed to be used with or without a permanent foundation when connected
to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and
is intended for human occupancy or is being used for residential purposes.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale pursuant to YMC Title 15.
"Manufactured home park or subdivision, existing" means a manufactured home park or subdivision
that was completed before December 15, 1981, the effective date of the floodplain management
regulations.
"May" means the action is acceptable, provided it conforms to the provisions of this chapter.
"Minerals" means gravel, sand and metallic and non-metallic substances of commercial value.
"Mining" means the removal of naturally occurring minerals and materials from the earth for
commercial value. Mining includes processing and batching. Mining does not include large
excavations for structures, foundations, parking areas, etc.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Must" means a mandate; the action is required.
"Native" means indigenous to or originating naturally within Yakima County.
"Natural conditions" means those conditions which arise from or are found in nature and not
modified by human intervention; not to include artificial or manufactured conditions.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real property
immediately prior to any site preparation or grading, including excavation or filling.
"New construction," for purposes of administering YMC 17.09.020, means the start of construction after
construction plans were submitted to the City and the building division reviewed and approved the
construction plans to create a structure.
"Nonconforming structure" for purposes of administering YMC 17.09.020 means a structure which was
lawful prior to the adoption or amendment of this chapter, but which fails by reason of such adoption or
amendment to conform to the present requirements of the zoning district in which it is located. In
addition, the structure may not be permitted as a new structure under the terms of this chapter because
the structure may not be in conformance with the applicable elevation and/or floodproofing
requirements.
"Nonconforming use" for purposes of administering YMC 17.09.020 means a use of land or structure
which was lawfully established and maintained prior to the adoption or amendment of this chapter, but
does not conform to this chapter for the zoning district in which it is located. In addition, the use may
not be permitted as a new use under the terms of this chapter because the use may not be in
conformance with the applicable elevation and/or floodproofing requirements.
"Nonwater-oriented uses" means those uses that are not water -dependent, water -related, or water -
enjoyment.
"Ordinary High Water Mark" (OHWM) means that mark on lakes and streams which will be found by
examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland.
"Perennial stream" means a stream that flows year round in normal water years. Groundwater is a
source of much of the water in the channel.
"Permit" means any substantial development, variance, conditional use permit, or revision authorized
under chapter 90.58 RCW.
"Priority habitat" means a habitat type with unique or significant value to one or more species. An area
classified and mapped as priority habitat must have one or more of the following attributes:
Comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish
spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or
wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability
to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described
by a unique vegetation type or by a dominant plant species that is of primary importance to fish and
wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat
may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and
wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Priority species" means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet any
of the criteria listed below:
A. State -listed or state proposed species. State -listed species are those native fish and wildlife species
legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive
(WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed
by the Department of Fish and Wildlife (POL-M- 6001) for possible listing as endangered,
threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
B. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals
susceptible to significant population declines, within a specific area or statewide, by virtue of their
inclination to congregate.
C. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish,
and wildlife species of recreational or commercial importance and recognized species used for tribal
ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
D. Species listed under the federal Endangered Species Act as either proposed, threatened, or
endangered.
"Project site" means that portion of any lot, parcel, tract, or combination thereof which encompasses all
phases of the total project proposal.
"Provisions" means policies, regulations, standards, guideline criteria or environment designations.
"Public access" means the ability of the general public to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline from adjacent locations.
"Public interest" means the interest shared by the citizens of the state or community at large in the
affairs of government, or some interest by which their rights or liabilities are affected including, but not
limited to, an effect on public property or on health, safety, or general welfare resulting from a use or
development.
"Public Trust Doctrine" is a legal principle derived from English Common Law. The essence of the
doctrine is that the waters of the state are a public resource owned by and available to all citizens
equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and
that this trust is not invalidated by private ownership of the underlying land. The Public Trust Doctrine
does not allow the public to trespass over privately owned uplands to access the water. It does,
however, protect public use of navigable water bodies below the ordinary high water mark.
"Qualified Professional" shall meet the following criteria:
A. A qualified professional for wetlands must have a bachelors degree or higher in biology, ecology, soil
science, botany, or a closely related field, and a minimum of five years of professional experience in
wetland identification and assessment in the Pacific Northwest.
B. A qualified professional for stream corridors must have a bachelors degree or higher in wildlife
biology, ecology, fisheries, or closely related field, and a minimum of five years professional
experience related to the subject species/habitat type.
C. A qualified professional for geologically hazardous areas and preparation of geo-technical reports
must be a professional engineering geologist or civil engineer, licensed in the state of Washington.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or
environmental engineer licensed in the state of Washington.
E. A qualified professional for channel migration zone reports must be a professional engineering
geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five
years of professional experience in geomorphology.
F. A qualified professional for flood studies must be a professional engineering geologist or civil
engineer licensed in the state of Washington.
G. A qualified professional for economic studies must have a bachelors degree or higher in economics
or business administration with 5 years of professional experience. The five year standard shall be
waived for professionals with a PhD degree.
H. A qualified professional for habitat assessments and habitat management plans must have a
bachelors degree or higher in biology and professional experience related to the subject species or
habitat.
I. Or other person/persons with experience, training, expertise and related work experience
appropriate for the relevant critical area subjects determined acceptable to the Shoreline
Administrator.
"Recreational development" means public or commercial activities or facilities that allow for the
refreshment of mind and body. Examples include, but are not limited to, parks, viewpoints, trails, public
access facilities, and other low -intensity use outdoor recreation areas. Recreational uses that do not
require a shoreline location, nor are related to the water, nor provide significant public access, are
considered nonwater-oriented. For example, a recreation use solely offering indoor activities would be
considered nonwater-oriented.
"Recreation, High -Intensity" means use areas with major structures and improvements, such as an
urban park with extensive paved surfaces or substantially altered vegetation. RV park/camping with
units remaining year-round is included in this category.
"Recreation, Low -Intensity" means unimproved use areas, such as hiking or nature trails, primitive
camping areas, swimming beaches, etc. An unimproved personal camping and recreation site is
included in this category.
"Recreation, Moderate -Intensity" means use areas with minor structures and improvements, such as
camp grounds, picnic facilities, paved trails, swimming beaches, fishing sites, or nature/history
interpretive centers. RV park/camping with units not remaining year-round is included in this category.
"Recreation vehicle" means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Repair, Normal" means to restore a development or structure to a state comparable to its original,
legally established condition, including but not limited to its size, shape, configuration, location and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
external appearance, within a reasonable period after decay or partial destruction, except where repair
causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or
development may be authorized as repair where such replacement is the common method of repair for
the type of structure or development and the replacement structure or development is comparable to
the original structure or development including but not limited to its size, shape, configuration, location
and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment. See also Maintenance, Normal.
"Residential development" means construction or alteration, earth modification, subdivision and use of
land primarily for human residence; including, but not limited to, single-family residences and
multifamily dwellings, accessory uses, and structures normally associated with residential uses and
structures. Residential development includes land divisions, including short plats, of residentially zoned
land. It also includes all modifications to land and vegetation associated with construction, preparation,
or maintenance of residential structures or accessory structures.
"Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired
ecological shoreline processes or functions, such as those listed in YMC 17.09.030.E that have been lost
or destroyed through natural events or human activity. This may be accomplished through measures
including, but not limited to, re -vegetation, removal of intrusive structures and removal or treatment of
toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre -
European settlement conditions.
"Revetment" means a facing placed on a bank or bluff to protect a slope, embankment, or shore
structure against erosion by wave action or currents.
"Riparian vegetation" means the terrestrial vegetation that grows beside rivers, streams, and other
freshwater bodies and that depends on these water sources for soil moisture greater than would
otherwise be available from local precipitation.
"Riprap" means a layer, facing, or protective mound of stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.
"Scour" means the removal of underwater material by waves and currents, especially at the base or toe
of a shore stabilization structure.
"Shall" means a mandate; the action must be done
"Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all
directions as measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river
deltas associated with the streams and lakes which are subject to the provisions of this chapter; the
same to be designated as to location by the Department of Ecology.
"Shorelines" means all of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them; except (1) shorelines of statewide significance;
(11) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic
feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines
on lakes less than twenty acres in size and wetlands associated with such small lakes.
"Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as
defined in RCW 90 58 030.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
"Shorelines of statewide significance" means the following shorelines of the state:
A. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one
thousand acres or more measured at the ordinary high water mark;
B. Those natural rivers or segments east of the crest of the Cascade range downstream of a point
where the annual flow is measured at two hundred cubic feet per second or more, or those portions
of rivers east of the crest of the Cascade range downstream from the first three hundred square
miles of drainage area, whichever is longer; and
C. Those shorelands associated with A and B, above.
"Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance"
within the state.; "
or qualities of the shoreline area, usually through the construction of a physical clement such as a dikc,
breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other
actions, such as clearing, grading, or application of chemicals.
"Shoreline environment designations" are a classification of shorelines established by local shoreline
master programs in order to provide a uniform basis for applying policies and use regulations within
distinctively different shoreline areas.
"Shorelines Hearings Board" means a six member quasi-judicial body, created by the SMA, which hears
appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals
by the City on Department of Ecology approval of master programs, rules, regulations, guidelines or
designations under the SMA.
"Shoreline modifications" means those actions that modify the physical configuration or qualities of the
shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier,
weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as
clearing, grading, or application of chemicals.
"Shoreline stabilization" means structural or non-structural modifications to the existing shoreline
intended to address erosion impacts to property and dwellings, businesses, or structures caused by
natural processes, such as current, flood, wind, or wave action. They are generally located parallel to the
shoreline at or near the OHWM.
"Should" means that the particular action is required unless there is a demonstrated, compelling reason,
based on policy of the Shoreline Management Act and this chapter, against taking the action.
"Significant" means a reasonable likelihood of more than a moderate adverse impact on environmental
quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable
test. The context may vary with the physical setting. Intensity depends on the magnitude and duration
of an impact. The severity of an impact should be weighed along with the likelihood of its occurrence.
An impact may be significant if its chance of occurrence is not great, but the resulting environmental
impact would be severe if it occurred.
"Significant ecological impact" means an effect or consequence of an action if any of the following
apply:
A. The action measurably or noticeably reduces or harms an ecological function or ecosystem -wide
process.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Scientific evidence or objective analysis indicates the action could cause measurable or noticeable
reduction or harm to those ecological functions or ecosystem -wide processes under foreseeable
conditions.
C. Scientific evidence indicates the action could contribute to a measurable or noticeable reduction or
harm to ecological functions or ecosystem -wide processes as part of cumulative impacts, due to
similar actions that are occurring or are likely to occur. Any project may have one or more
significant ecological impacts, which can be either short-term or long-term. Projects with short-
term significant ecological impacts may still be considered beneficial if the project improved
ecological function over the long term, either due to mitigation or because of short-term impacts
may be construction -related only.
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover
by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological
impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not
constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not
affect ecological functions, does not constitute significant vegetation removal.
"Single Improved Recreational Vehicle Site" means a site on which a recreational vehicle may be parked
with minimal services (such as electricity, well and septic system), without a garage or carport, and
without large accessory buildings (small detached storage sheds or accessory structures totaling 120
square feet or less may be allowed). Recreational vehicle sites not meeting these criteria are
considered single family residences.
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
"Soft structural shoreline stabilization" means shoreline erosion control and restoration practices that
contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural
shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation
placed to provide shore stability in a non-linear, generally sloping arrangement. Linear, vertical faces
are an indicator of Hard Structural Shoreline Stabilization (see above definition).
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not
limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction
wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not
include earth, clay, sand or gravel.
"Special flood hazard area" means the land in the floodplain identified by the Federal Emergency
Management Agency that is subject to a one -percent or greater chance of flooding in any given year;
commonly known as the 100 -year floodplain.
"Start of construction," for purposes of administering YMC 17.09.020, means the first placement of
permanent construction of a structure (other than a manufactured home) on a site, such as the
pouring of slabs or footings or any work beyond the stage of excavation. "Permanent construction"
does not include land preparation, such as clearing, grading and filling, nor does it include the
installation of streets or walkways; nor does it include excavation for a basement, footings, piers or
foundations, or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garage, or sheds not occupied as dwelling units or not as part of the main
structure. For a structure (other than a manufactured home) without a basement or poured footings,
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
the "start of construction" includes the first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For manufactured homes not within a manufactured home
park, "start of construction" means the affixing of the manufactured home to its permanent site. For
manufactured homes within manufactured home parks, "start of construction" is the date on which
the construction of facilities for servicing the site on which the manufactured home is to be affixed
(including, at a minimum, the construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
"State master program" is the cumulative total of all shoreline master programs and amendments
thereto approved or adopted by rule by Ecology.
"Stream" means water contained within a channel, either perennial, intermittent or ephemeral.
Streams include natural watercourses modified by man, for example, by stream flow manipulation,
channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains,
outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.
"Stream corridor," as used in this title, means those features listed and described in YMC
17.09.030.C.
"Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or
composed of parts joined together in some definite manner, whether installed on, above, or below the
surface of the ground or water, except for vessels
"Substantial development" shall mean any development of which the total cost or fair market value
exceeds five thousand dollars, or any development which materially interferes with the normal public
use of the water or shorelines of the state. The dollar threshold established in this subsection (3)(c)
definition must be adjusted for inflation by the office of financial management every five years,
beginning July 1, 2007, based upon changes in the consumer price index during that time period.
"Consumer price index" means, for any calendar year, that year's annual average consumer price index,
Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the
bureau of labor and statistics, United States department of labor. The office of financial management
must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the new dollar threshold is to take effect. See
WAC 173-27-040 for a list of developments that are not considered substantial.
"Substantial improvement" for purposes of administering YMC 17.09.020 means any repair,
reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the
assessed value of the structure either:
A. Before the improvement or repair is started; or
B. Before the damage occurred to a structure that has been damaged and is being restored.
For the purposes of this definition, "substantial improvement" occurs when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The total value of all improvements to an individual
structure undertaken subsequent to October 1, 1995, the effective date of this title, shall be used to
define "substantial improvement" for said structure. The term does not, however, include either:
A. Any project for improvement to a structure to comply with existing state or local health, sanitary or
safety code specifications which are solely necessary to assure safe living conditions; or
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Any alteration of a structure listed on the National Register or Historic Places or a state inventory of
historic places.
"Substantially degrade" means to cause significant ecological impact.
"Unreasonable and disproportionate" means that locations outside of the floodway or CMZ would add
more than 20% to the total project cost. Other methods to determine unreasonable and
disproportionate cost may be used on a case-by-case basis with approval of the Shoreline Administrator.
"Use" means the activity to which land or a building is devoted and for which either land or a building is
or may be occupied or maintained.
"Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set
forth in the applicable master program and not a means to vary a use of a shoreline.
"Vegetative buffer or Buffer" means an area extending landward from the ordinary high water mark of
a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to
provide, under optimal conditions, adequate soil conditions and native vegetation for the performance
of the basic functional properties of a stream corridor, wetland and other hydrologically related critical
areas as set forth in YMC 17.09.030.E (Functional Properties) and YMC 17.09.040.D (Wetland Functions
and Rating). It is understood that optimal conditions do not always exist due to degradation of the
vegetative buffer before establishment of this title, or due to colonization by non-native species. Such
conditions still provide functional properties, though at a lower level, depending on the difference from
natural conditions.
"Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for
navigation and do not interfere with the normal public use of the water.
"Water -dependent use" means a use or portion of a use which cannot exist in a location that is not
adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its
operations.
"Water -enjoyment use" means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and
which through location, design, and operation ensures the public's ability to enjoy the physical and
aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open
to the general public and the shoreline -oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline enjoyment.
"Water -oriented use" means a use that is water -dependent, water -related, or water -enjoyment, or a
combination of such uses.
"Water quality" means the physical characteristics of water within shoreline jurisdiction, including water
quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics.
Where used in this chapter, the term "water quantity" refers only to development and uses regulated
under this chapter and affecting water quantity, such as impermeable surfaces and storm water
handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of
ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
"Water -related use" means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic viability is dependent upon a waterfront location because:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
A. The use has a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
B. The use provides a necessary service supportive of the water -dependent uses and the proximity of
the use to its customers makes its services less expensive and/or more convenient.
"Weir" means a structure generally built across a stream channel for the purpose of diverting water or
trapping sediment or other moving objects transported by water.
"Wetland" or "wetlands" means that area inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created
as a result of the construction of a road, street, or highway. However, wetlands may include those
artificial wetlands specifically intentionally created from non -wetland areas to mitigate conversion of
wetlands.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild
state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or
invertebrate, at any stage of development. The term "wildlife" does not include feral domestic
mammals or the family Muridae of the order Rodentia (old world rats and mice).
"Wildlife habitat" means areas which, because of climate, soils, vegetation, relationship to water,
location and other physical properties, have been identified as of critical importance to maintenance of
wildlife species.
17.01.100 Shoreline Jurisdiction
Pursuant to the authority of RCW 90.58.030(2)(f) and WAC 173-22-040(2-3), the jurisdictional limits of
the Shoreline Master Program within the City of Yakima for areas that are subject to these regulations,
are listed below. The City of Yakima has developed maps to generally depict the extent of Shoreline
jurisdictional boundaries for all Shorelines within the county. These maps are for informational and
illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not
correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the
criteria listed below, WAC 173-22, and the Act itself. It is understood when the maps and the actual
physical features do not correspond, the physical features will dictate the extent of the jurisdictional
boundaries. It is understood that the actual physical features may change. The physical features will
dictate the extent of the Shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include:
A. The following waterbodies in the City and, upon annexation, in the UGA:
1. Yakima River,
2. Naches River,
3. Cowiche Creek,
4. Willow Lake,
5. Lake Aspen, and
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
6. Rotary Lake.
B. Buchanan Lake shall be regulated under this SMP when the Washington Department of Natural
Resources Surface Mine Reclamation Permit lapses or is terminated, or when the City receives a
permit application for new development on or uses of Buchanan Lake. The original Shoreline
Substantial Development and Conditional Use Permit (SH 84-3) issued by Yakima County for
Buchanan Lake still governs.
C. Subject to subsection H below, wherever the "floodway" has been established by a flood insurance
study prepared by the Federal Emergency Management Agency (FEMA), shoreline jurisdiction shall
be the floodway plus 200 feet, measured on a horizontal plane, or the 100 -year floodplain,
whichever is lesser.
D. Subject to subsection H below, whenever the 100 -year floodplain has been identified by a flood
insurance study prepared by the Federal Emergency Management Agency but where no "floodway"
has been identified, shoreline jurisdiction shall be the 100 -year floodplain boundary or 200 feet,
measured in a horizontal plane, from the ordinary high water mark, whichever is greater.
E. Whenever there are no detailed floodplain or floodway studies, shoreline jurisdiction shall be 200
feet, measured on a horizontal plane, from the ordinary high water mark.
F. Where a Channel Migration Zone (CMZ) has been identified, and extends beyond the jurisdiction
established by subsection C above, jurisdiction shall extend to the extent of the CMZ, but not
beyond the limits of subsection D.
G. Those wetlands and river deltas which are in proximity to and either influence or are influenced by
the Shorelines. This influence includes, but is not limited to, one or more of the following: periodic
inundation, location within a floodplain, or hydraulic continuity;
H. Under no circumstances shall shoreline jurisdiction be Tess than 200 feet, measured on a
horizontal plane, from the ordinary high water mark of the Shoreline waterbody, except that those
portions of Buchanan Lake within 200 feet of the Yakima River are excluded from shoreline
jurisdiction until Buchanan Lake is regulated as a shoreline waterbody.
CHAPTER 17.03 SHORELINE ENVIRONMENT DESIGNATIONS
This SMP is intended to meet the requirements in WAC 173-26-211. It states that:
Master programs shall contain a system to classify shoreline areas into specific environment
designations. This classification system shall be based on the existing use pattern, the biological
and physical character of the shoreline, and the goals and aspirations of the community as
expressed through comprehensive plans as well as the criteria in this section. Each master
program's classification system shall be consistent with that described in WAC 173-26-211(4)
and (5) unless the alternative proposed provides equal or better implementation of the act.
This SMP is consistent with these requirements, deviating from WAC 173-26-211(4) and (5) with respect
only to some environment designation names, or the addition of new environment designations where
such provides the City with opportunity to provide further, but complementary, designations consistent
with existing land management plans. Each environment designation contains a purpose statement,
designation criteria, and management policies components.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
17.03.010 Floodway / Channel Migration Zone (CMZ)
A. Purpose: The "Floodway/CMZ" environment is intended to protect the water areas, islands,
associated overflow channels, and channel migration areas. This environment provides for the
movement of the river within its floodplain, and emphasizes preservation of the natural hydraulic,
geologic and biological functions of the City's shorelines that are constrained by biophysical
limitations.
B. Designation Criteria: The Floodway/CMZ designation is assigned to shoreline areas that are within a
mapped Channel Migration Zone and/or within a designated FEMA Floodway. The extent of the
Floodway/CMZ designation should never extend beyond the limitations of the Shoreline CMZ found
in WAC 173-26-221(3)(b). Areas separated from the active river channel by existing legal artificial
channel constraints should not be considered as part of the CMZ. In addition, areas that are
separated from the active channel by legally existing artificial structure(s) including transportation
facilities, built above or constructed to remain intact through the one hundred -year flood, should
also not be considered part of the CMZ.
C. Management Policies:
1. Commercial, industrial, mining, nonwater-oriented recreation, roads, utilities, parking areas,
and residences should generally not be located in the Floodway/CMZ environment. Other
uses (recreation, resource, etc.) should be carefully limited to protect shoreline functions.
2. Activities that may degrade the value of the Floodway/CMZ environment should be limited,
and development in hazardous areas should be restricted.
3. Modifications that harden or fix stream banks and channels should be discouraged.
17.03.020 Urban Conservancy
A. Purpose: The "Urban Conservancy" environment is intended to protect and restore ecological
functions of open space, floodplain and other sensitive lands where they exist in urban and
developed settings, while allowing a variety of compatible uses.
B. Designation Criteria: Specific criteria for designation of the Urban Conservancy environment include
areas or properties that:
1. Lie in the city limits and urban growth areas;
2. Are planned for development that is compatible with the principals of maintaining or restoring
the ecological functions of the area;
3. Are suitable for water -enjoyment uses;
4. Are open space or floodplains, or;
5. Are areas that retain important ecological functions which should not be more intensively
developed.
C. Management Policies:
1. Allowed uses for the Urban Conservancy environment generally include uses which preserve
the natural character of the area, and promote the preservation of open space, floodplains or
sensitive lands.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. Uses allowed under this designation should focus on recreation.
3. Commercial, industrial and residential uses should be limited, and when allowed result in
restoration of ecological functions.
4. Public access and recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
17.03.030 High Intensity
A. Purpose: The purpose of the "High Intensity" environment is to provide for high-intensity water -
oriented commercial, transportation, and industrial uses while protecting existing ecological
functions and restoring ecological functions in areas that have been previously degraded.
B. Designation Criteria: Specific criteria for designation of the High Intensity environment include areas
or properties that:
1. Presently support high intensity land uses including commercial, industrial, urban recreational,
transportation, or high-intensity water -oriented uses.
2. Are planned to accommodate urban expansion of uses listed in 1 above.
C. Management Policies:
1. Water -oriented commercial, industrial, and recreation uses should be given high priority in
the High Intensity environment. First priority should be given to water -dependent uses.
Second priority should be given to water -related and water -enjoyment uses. Nonwater-
oriented uses should not be allowed except as part of mixed-use developments. Nonwater-
oriented uses may also be allowed in limited situations where they do not conflict with or limit
opportunities for water -oriented uses or on sites where there is no direct access to the
shoreline. Public benefits such as ecological restoration or public access may be required in
association with nonwater-oriented development.
2. When considering shoreline environment designation amendment proposals, full utilization of
existing high intensity areas should be achieved before further expansion of intensive
development is allowed.
3. New development in the High Intensity designation should assure no net loss of shoreline
ecological functions. Where applicable, new development should include environmental
cleanup and restoration of the shoreline to comply with any relevant state and federal law.
4. Where feasible, visual and physical public access should be required as part of development in
the High Intensity designation unless it already exists to serve the development or other
safety, security, or fragile environmental conditions apply.
5. Aesthetic objectives should be implemented by means such as sign control regulations,
appropriate development siting, screening and architectural standards, and maintenance of
natural vegetative separation.
17.03.040 Essential Public Facilities
A. Purpose: The "Essential Public Facilities" environment is intended to support planning and
maintenance of existing essential public facilities.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
B. Designation Criteria: The Essential Public Facilities designation is assigned to lands containing those
facilities that are typically difficult to site or relocate, such as state or regional transportation
facilities and waste water handling facilities.
C. Management Policies:
1. Essential public facilities and their accessory or supporting uses are allowed in the Essential
Public Facilities environment.
2. Allowed new development in the Essential Public Facilities designation should assure no net
loss of shoreline ecological functions.
3. Where applicable, new and expanded development should include environmental cleanup
and restoration of the shoreline to comply with any relevant state and federal law.
4. Expansion and improvement of existing facilities should be allowed, with mitigation
sequencing applied to avoid and then minimize adverse impacts to the extent consistent with
the specific facility and public needs, with mitigation required for any remaining adverse
im pacts.
17.03.050 Shoreline Residential
A. Purpose: The purpose of the "Shoreline Residential" environment is to accommodate residential
development and appurtenant structures that are consistent with the SMP. An additional purpose is
to provide appropriate public access and recreational uses.
B. Designation Criteria: Assign a Shoreline Residential environment designation to areas that are
predominantly single-family or multifamily residential development or are planned and platted for
residential development.
C. Management Policies:
1. Development standards addressing the development envelope, water quality, and vegetation
should assure no net loss of shoreline ecological functions, taking into account the
environmental limitations and sensitivity of the shoreline area, the level of infrastructure and
services available, and other comprehensive planning considerations.
2. Multifamily and multi -lot residential and recreational developments should provide public
access and joint use for community recreational facilities.
3. Access, utilities, and public services should be available and adequate to serve existing needs
and/or planned future development.
4. Commercial development should be limited to water -oriented uses and allowed only when
the underlying zoning permits such uses.
17.03.060 Aquatic
A. Purpose: The purpose of the "Aquatic" environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the ordinary high-water mark of shoreline
lakes.
B. Designation Criteria: The Aquatic designation applies to lands and waters waterward of the ordinary
high water mark of shoreline lakes.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
C. Management Policies:
1. Allow new over -water structures only for water -dependent uses, public access, or ecological
restoration. The size of new over -water structures should be limited to the minimum
necessary to support the structure's intended use.
2. In order to reduce the impacts of shoreline development and increase effective use of water
resources, multiple use of over -water facilities should be encouraged.
3. Uses that could adversely impact the ecological functions of critical freshwater habitats should
not be allowed except where necessary to achieve the objectives of the Shoreline
Management Act, and then only when their impacts are mitigated according to mitigation
sequencing as necessary to assure no net Toss of ecological functions.
4. Shoreline uses and modifications should be designed and managed to prevent degradation of
water quality and alteration of natural hydrographic conditions.
5. When considering development or activities in the Aquatic environment, the City should favor
development and activities associated with preferred uses of the Shoreline Management Act
and apply development standards that consider water quality, navigation, presence of aquatic
vegetation, existing critical habitats, aesthetics, public access, and views.
17.03.070 Shoreline Use and Modification Matrix
Table 03.070-1 lists the uses and activities for each Shoreline Environment designation that are
allowed by Substantial Development Permit and/or Conditional Use Permit, or are prohibited. Such
uses shall be processed in accordance with YMC Chapter 17.13 (Administration and Enforcement). This
table does not change those situations of when this title does not apply to a development (YMC
17.01.020 Applicability), or when a use or activity listed as needing a Shoreline Substantial Development
P ermit may qualify for an exemption instead (YMC 17.13.050, Exemptions from Shoreline Substantial
Development Permits). Definitions for some uses are provided in YMC 17.01.090. The provisions in
Table 03.070-1 apply to specific common uses and types of development only to the extent they occur
within shoreline jurisdiction.
Table 03.070-1. Shoreline Use and Modification Matrix
Agriculture
Agricultural Activities
Shoreline Use or Modification
High Intensity
Essential Public Facilities
horeline Residential
Urban Conservancy
Floodway/ Channel
Migration Zone (CMZ)
quatic - Lakes
5
Key:
5
= Shoreline Substantial Development Permit or
X
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Agriculture
Agricultural Activities
5
X
5
5
S
N/A
Agricultural Market, Agricultural Stand
5
X
X
5
X
N/A
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Winery and Brewery
5
X
X
5
X
N/A
Agriculture -Industrial
Agricultural Chemical Sales/Storage
5
X
X
X
X
N/A
Agricultural Related Industries & Storage
5
X
X
C
X
N/A
Concentrated Feeding Operation
X
X
X
X
X
N/A
Aquaculture
Rearing
Commercial
X
X
X
X
X
X
Non-commercial
5
5
X
C
C
5
Processing
X
X
X
X
X
X
Packing & Storage
See Industry/Manufacturing/Storage
Boating and Private Moorage Facilities
Boat Launches
Private
5
X
C
X
X
See upland
designation
Public/Community/Commercial
5
5
5
5
5
5
Pier/Dock
Single -Family Residence Facility to Access
Watercraft
N/A
X
5
X
X
S
Water -Dependent Commercial, Industrial,
Aquaculture, Recreational, or Community
5
X
5
X
X
5
Residential Use; or Public Access
5
X
X
5
X
X
Commercial and Service Development
Retail, Trade, and Service
Water -Oriented
Nonwater-Oriented
5
X
X
5
X
C
General
C
X
X
C
X
X
General + Public Benefit'
5
X
X
C
X
X
Separated from Shoreline
5
X
X
5
X
X
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Mixed-use4 project that includes a Water -
N/A
Mixed-use4 Project that Includes a Water -
Dependent Commercial, Industrial,
Aquaculture, or Recreational Use
5
5
X
5
Dependent Commercial, Industrial,
5
X
X
5
X
C
Aquaculture, or Recreational Use
X
Mixed -Use Buildings
5
X
X
X
Outdoor manufacturing, processing and
storage
S
X
X
X
X
X
Community Services and Institutional Uses
Water -Oriented
5
5
X
5
X
C
Nonwater-Oriented
General
C
C
X
C
X
X
Separated from Shoreline
5
5
X
5
X
N/A
Mixed-use4 Project that Includes a Water -
Dependent Commercial, Industrial,
Aquaculture, or Recreational Use
5
5
X
5
X
C
Health and Social Service Facility
5
5
X
X
X
X
Mixed -Use Buildings
5
X
X
X
X
X
Dredging and Dredge Material Disposal
Dredging for Water -dependent Use and Public
Access
N/A
C
N/A
N/A
C
C
Dredging for Existing Navigation Uses
N/A
X
N/A
N/A
X
C
Dredging for Habitat Restoration
N/A
5
N/A
N/A
S
S
Dredging, Other
N/A
X
N/A
N/A
X
X
Disposal of Dredged Material, General
5
5
X
X
X
X
Disposal of Dredged Material, General +Part of
Restoration Plan
S
S
X
C
C
X
Dredging Maintenance Plan
N/A
5
N/A
N/A
S
S
Fill
Waterward of the OHWM, General
N/A
C
N/A
N/A
C
C
Waterward of the OHWM, General + Part of
Restoration Plan
N/A
S
N/A
N/A
5
5
Upland of the OHWM, General
5
5
5
5
C
N/A
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Upland of the OHWM, Part of Restoration Plan
5
5
5
5
S
N/A
Flood Hazard Reduction Measures
Modification of Existing Flood Hazard Facilities
(including relocation farther landward)
5
5
5
5
5
N/A
New Facilities
C
C
C
C
C
N/A
Forest Practices
Forest Practices
N/A
N/A
N/A
N/A
N/A
N/A
Industry / Manufacturing / Storage
Water -Oriented
5
X
X
C
X
C
Nonwater-Oriented
General
C
X
X
X
X
X
General + Part of Restoration Plan, Provides
Other Public Benefit', or Located in Degraded
Area2
5
X
X
X
X
X
Outdoor manufacturing, processing and storage
X
X
X
X
X
X
Separated from Shoreline
5
X
X
C
X
N/A
Mixed-use4 project that includes a Water -
Dependent Commercial, Industrial, Aquaculture,
or Recreational Use
5
X
X
C
X
C
In -Water Structures
To protect public facilities
C
C
C
C
C
C
To protect or restore ecological functions
5
5
5
5
S
S
To monitor flows, water quality, or other habitat
characteristics
S
S
S
S
S
S
Other
C
C
C
X
X
C
Mining
Surface Mining
C
X
X
X
X
X
Underground Mining
X
X
X
X
X
X
Mining for Habitat Restoration
5
5
5
5
C
S
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
Recreational Development
Water -Oriented
High -Intensity, General
5
5
5
C
C
C
High Intensity, General + Part of Restoration Plan
or Located in Degraded Area2
S
S
S
S
S
S
Moderate -Intensity, General
S
S
S
S
C
C
Moderate -Intensity, General + Part of
Restoration Plan or Located in Degraded Area2
S
S
S
S
S
S
Low -Intensity
5
5
5
S
5
S
Trails
5
5
5
S
5
S
Recreation Maintenance Plan
S
S
S
S
5
5
Nonwater-Oriented
General
C
X
X
C
X
X
Sites separated from shoreline
S
X
S
S
C
N/A
Indoor
See Commercial and Service Usc:,Development
X
Residential Development
Single -Family Dwelling
S
X
S
S
X
N/A
Accessory Dwelling Unit
5
X
5
5
X
N/A
Duplex
5
X
C
C
X
N/A
Multifamily Dwelling
5
X
X
X
X
N/A
Manufactured Home Park or Subdivision3
C
X
X
X
X
N/A
Houseboats and Over -Water Residential Uses
N/A
X
N/A
N/A
X
X
Residential Maintenance Plan
S
N/A
S
N/A
N/A
5
Shoreline Habitat and Natural Systems
Enhancement Projects
Shoreline Habitat and Natural Systems
Enhancement Projects
5
5
5
5
S
S
Shoreline Stabilization
Hard Stabilization
C
C
C
C
C
C
Soft Stabilization
5
5
5
C
C
S
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Repair and Replacement
5
5
5
5
S
S
Signs
On -premise for Authorized Use
5
5
5
5
S
S
Off -premise
5
5
X
X
X
X
Informational (directional, landmark, trail marker,
etc.)
S
S
S
S
S
S
Transportation and Parking
New Access Roads Serving Permitted Uses
S
S
S
S
C
N/A
Expanded Access Roads Serving Permitted Uses
5
5
5
5
S
N/A
New Highways, Freeways, Arterials & Collectors
5
5
C
C
C
C
Expanded Highways, Freeways, Arterials &
Collectors
S
S
S
S
S
S
New Bridges
S
S
C
C
C
C
Expanded Bridges
S
S
S
S
5
5
Transportation Maintenance Plan
S
S
S
S
5
N/A
Transportation Maintenance Facilities
C
S
X
C
X
X
New Railways
S
S
C
C
C
C
Expanded Railways
5
5
5
5
S
S
Parking for Authorized Use
Reviewed as part of authorized use.
Park and Ride Tots and Similar Stand Alone Parking
C
5
X
X
X
X
Utilities
Utility Services Accessory to Individual Shoreline
Projects
Reviewed as part of authorized use.
Utility Services to Projects outside Shoreline
Jurisdiction
S
S
S
S
C
C
New Power Generating Facilities
C
C
X
C
X
C
Expanded Power Generating Facilities
5
5
X
C
X
C
Utility Transmission Lines
5
5
C
C
C
C
New Utility Services, General
C
C
C
C
C
C
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CITY OF YAKIMA SHORELINE MASTER PROGRAM
OCTOBER 16, 2014
Shoreline Use or Modification
Key:
S = Shoreline Substantial Development Permit or
Exemption
C = Shoreline Conditional Use Permit
X = Prohibited N/A = Not Applicable
High Intensity
Essential Public Facilities
Shoreline Residential
Urban Conservancy
Floodway / Channel
Migration Zone (CMZ)
quatic - Lakes
Expanded Utility Services, General
5
5
5
5
C
C
Utility Maintenance Plan
5
5
5
5
S
S
Wastewater Treatment Facility
C
5
X
C
C
X
Wastewater Treatment Facility+ Part of Restoration
Plan or Located in Degraded Area2
S
S
X
S
S
X
1 Public benefit = public access for substantial numbers of persons or shoreline ecological restoration.
Z Degraded Area = improved rights of way, levees, previously legally degraded land, or existing
impervious area.
3 Construction of a manufactured home on an existing lot is permitted as a "Single-family Dwelling."
4 In this context, "mixed-use" means a shoreline development that includes and supports a water -
dependent use.
5 "Mixed-use building" means a building in a commercial district or planned development used partly for
residential use and partly for a community facility or commercial use.
17.03.080 Development Standards
A. There shall be a thirty-five (35) foot maximum building height for all structures, except that utility
towers and poles, water treatment towers, wastewater treatment facilities and bridges are not
required to meet this standard. To exceed 35 feet, an applicant must apply for a Shoreline Variance,
and comply with the following criteria in addition to standard Shoreline Variance criteria:
1. Demonstrate overriding considerations of the public interest will be served
2. Demonstrate that the proposal will not obstruct the view of a substantial number of
residences on areas adjoining such shorelines or impair views from public lands or impair
scenic vistas to the Yakima Greenway or Naches River or associated lakes.
B. Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width
than the following by shoreline environment:
1. High Intensity, Essential Public Facilities: 35 feet
2. Shoreline Residential: 50 feet
3. Urban Conservancy, Floodway/CMZ: 60 feet
C. Shoreline buffers: See YMC 17.09.030.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. Minimum structures setback from side property lines in shoreline jurisdiction shall be consistent
with the underlying zoning and no less than 5 feet.
17.03.090 Official Shoreline Maps and Unmapped or Undesignated Shorelines
A. The shoreline jurisdiction and environment designations established by this title are shown on the
official Shoreline Jurisdiction and Environment Designations Map for the Yakima urban growth area.
The official Shoreline Jurisdiction and Environment Designations Map, together with all the
explanatory material thereon, is adopted by reference and declared to be a part of this SMP. The
electronic files of the official map will be considered the official version and may be updated
administratively or through an SMP amendment as indicated in YMC 17.03.090.8, C and D below.
The Department of Ecology will be provided with electronic files of the official map when any
updates are made. Minor mapping errors corrected administratively shall not be greater than 1.0
acre in size. If greater than 1.0 acre in size, a SMP amendment shall be completed within three
years of finding the mapping error.
B. Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor
mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline waterbody
related to site-specific surveys of ordinary high water mark, floodway, channel migration zones,
and/or floodplain are automatically assigned the category of the contiguous waterward shoreline
environment designation. Where the mapping inaccuracy results in inclusion of an unmapped
associated wetland, that wetland shall be assigned an Urban Conservancy environment designation.
Correction of these minor mapping inaccuracies may be made and incorporated into the official
Shoreline Jurisdiction and Environment Designations Map without an SMP amendment.
C. All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an
environment designation shall be assigned an Urban Conservancy designation until the shoreline
can be redesignated through an SMP amendment process conducted consistent with WAC 173-26-
100 and YMC 17.13.140.
D.
The actual location of the OHWM, floodplain, floodway, and wetland boundaries must be
determined at the time a development is proposed. Wetland boundary and ordinary high water
mark determinations are valid for five years from the date they are assessed and flagged in the field.
After five years has elapsed, the City shall determine whether a revision or additional assessment is
necessary. Floodplain and floodway boundaries should be assessed using FEMA maps or the most
current, accurate, and complete scientific and technical information available.
E. In addition, any property shown in shoreline jurisdiction that does not meet the criteria for shoreline
jurisdiction shall not be subject to the requirements of this SMP. Revisions to the official Shoreline
Jurisdiction and Environment Designations Map may be made as outlined in this scction E
subsection B of this section without an SMP amendment.
17.03.100 Pre -Designation
The City of Yakima has adopted shoreline environment pre -designations for shorelines located outside
of city limits but within the City's urban growth area. In the event of annexation of a shoreline, the
affected area shall be subject to the Yakima Shoreline Master Program upon the effective date of the
annexation.
36
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
The City has also adopted shoreline environment pre -designations for Buchanan Lake and its future
associated shorelands. In the event that the Washington Department of Natural Resources Surface
Mine Reclamation Permit lapses or is terminated, or when the City receives a permit application for new
development on or uses of Buchanan Lake, Buchanan Lake shall be considered a shoreline waterbody
and will be subject to this SMP.
CHAPTER 17.05 GENERAL REGULATIONS
17.05.010 Archaeological and Historic Resources
A. The City shall require that permits issued in areas documented to contain archaeological resources
or located within an area classified as "high risk and/or very high risk" for archaeological resources
based on the Washington State Department of Archaeology and Historic Preservation (DAHP)
predictive model require a site inspection or evaluation by a professional archaeologist. Auger tests
may be required before construction and representatives of DAHP and Yakama Nation may be
invited to observe any tests and construction work, and will be provided the results of such tests. If
auger or historical data indicate probable presence of cultural resources which may be disturbed by
excavation, the City shall meet the shoreline permit applicant and may impose conditions on any
shoreline permit to assure that such resources are protected, preserved or collected.
B. Developers and property owners shall immediately stop work and notify the City, DAHP, and the
Yakama Nation if archaeological resources are uncovered during excavation. Following such
notification, the City may follow the provisions of subsection C.
C. Where a professional archaeologist or historian, recognized by the State of Washington, has
identified an area or site as having significant value, or where an area or site is listed in national,
state or local historical registers, or where the DAHP predictive model identifies the area as having
"high risk and/or very high risk" for archaeological resources, the City shall require an evaluation of
the resource, and appropriate conditions, which may include preservation and/or retrieval of data,
proposal modifications to reduce impacts, or other mitigation authorized through the State
Environmental Policy Act, or other local, state, or federal laws.
17.05.020 Environmental Protection
A. Ecological Functions. Uses and developments on City of Yakima shorelines must be designed,
located, sized, constructed and maintained to achieve no net loss of shoreline ecological functions
necessary to sustain shoreline natural resources. Uses and developments must not have an
unmitigated significant adverse impact on other shoreline functions fostered by this SMP.
B. Protection of Critical Areas and Critical Areas Buffers. Critical areas, critical area buffers, and
shoreline buffers must be protected in accordance with the provisions of Chapter 17.09, Critical
Areas in Shoreline Jurisdiction.
C. Mitigation Requirement. If a proposed shoreline development, use or modification is entirely
addressed by specific, objective standards (such as setback distances, pier dimensions, or materials
requirements) contained in this SMP, only then is a mitigation sequencing analysis described in YMC
17.05.010.D subsection D of this section not required. In the following circumstances, the applicant
must provide the mitigation sequencing analysis described in YMC 17.05.020.D:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
1. if a proposed shoreline use or modification is addressed in any part by discretionary standards
(such as standards requiring a particular action if feasible or requiring the minimization of
development size) contained in this Chapter, then the mitigation sequencing analysis is
required for the discretionary standard(s); or
2. when an action requires a Shoreline Conditional Use Permit or Shoreline Variance Permit; or
3. when specifically required by regulations contained in Chapters 17.05, 17.07 and 17.09 of this
SMP.
D. Mitigation Sequence. In order to ensure that development activities contribute to meeting the no
net loss of ecological functions provisions by avoiding, minimizing, and mitigating for adverse
impacts to ecological functions or ecosystem -wide processes, an applicant required to complete a
mitigation analysis pursuant to YMC 17.05.020.0 must describe how the proposal will follow the
sequence of mitigation as defined below:
1. Avoid the impact altogether by not taking a certain action or parts of an action;
2. Minimize the impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology, or by taking affirmative steps to avoid or
reduce impacts;
3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment to the
conditions existing at the time of the initiation of the project or activity;
4. Reduce or eliminate the impact over time by preservation and maintenance operations during
the life of the action;
5. Compensate for the impact by replacing, enhancing, or providing substitute resources or
environments; and
6. Monitor the impact and the compensation projects and take appropriate corrective measures.
E. Mitigation Plan. All proposed alterations to shoreline jurisdiction that will have adverse effects on
ecological functions require mitigation sufficient to provide for and maintain the functions and
values of the shoreline area or to prevent risk from a critical areas hazard. The applicant must
develop and implement a mitigation plan prepared by a qualified professional. Mitigation in excess
of that necessary to ensure that development will result in no net loss of ecological functions will
not be required by the City of Yakima, but may be voluntarily performed by an applicant. In addition
to any requirements found in Chapter 17.09, Critical Areas in Shoreline Jurisdiction, a mitigation plan
must include:
1. An inventory and assessment of the existing shoreline environment including relevant
physical, chemical and biological elements;
2. A discussion of any federal, state, or local management recommendations which have been
developed for critical areas or other species or habitats located on the site;
3. A discussion of proposed measures which mitigate the adverse impacts of the project to
ensure no net loss of shoreline ecological functions;
4. A discussion of proposed management practices which will protect fish and wildlife habitat
both during construction, and after the project site has been fully developed;
38
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
5. Scaled drawings of existing and proposed conditions, materials specifications, and a minimum
three-year maintenance and monitoring plan, including performance standards;
6. A contingency plan if mitigation fails to meet established success criteria; and
7. Any additional information necessary to determine the adverse impacts of a proposal and
mitigation of the impacts.
F. Alternative Mitigation. To provide for flexibility in the administration of the ecological protection
provisions of this SMP, alternative mitigation approaches may be approved within shoreline
jurisdiction where such approaches provide increased protection of shoreline ecological functions
and processes over the standard provisions of this SMP and are scientifically supported.
17.05.030 Shoreline Vegetation Conservation
A. Vegetation conservation standards do not apply retroactively to existing uses and developments.
Vegetation associated with existing structures, uses and developments may be maintained within
shoreline jurisdiction as stipulated in the approval documents for the development.
B. Vegetation within shoreline buffers, other stream buffers, wetlands and wetland buffers, WDFW-
mapped priority habitats and species areas, and other critical areas must be managed consistent
with YMC Chapter 17.09 - Critical Areas in Shoreline Jurisdiction. Regulations specifying
establishment and management of shoreline buffers (buffers associated with Type 1 streams and
shoreline lakes) are located in YMC 17.09.030, Fish and Wildlife Habitat and the Stream Corridor
System.
C. Other vegetation within shoreline jurisdiction, but outside of shoreline buffers, other stream
buffers, wetlands and wetland buffers, and other WDFW-mapped priority habitats and species
areas, must be managed according to YMC 17.05.020, Environmental Protection, and any other
regulations specific to vegetation management contained in this SMP and City of Yakima Code.
D. Vegetation clearing must be limited to the minimum necessary to accommodate approved shoreline
development that is consistent with all other provisions of this SMP and City of Yakima Code.
Mitigation sequencing per YMC 17.05.020.D must be applied unless specifically excluded by this
SMP, so that the design and location of the structure or development minimizes native vegetation
removal. The City may approve modifications or require minor site plan alterations to achieve
maximum tree retention.
E. Where vegetation removal conducted consistent with this section results in adverse impacts to
shoreline ecological function, new developments or site alterations are required to develop and
implement a supplemental mitigation plan. Adverse impacts are assumed to result from:
1. removal of native trees and shrubs,
2. removal of non-native trees or shrubs that overhang aquatic areas or stabilize slopes, or
3. removal of native or non-native trees or shrubs that disrupts an existing vegetation corridor
connecting the property to other critical areas or buffers.
39
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
Mitigation plans must be prepared by a qualified professional and must contain information
required in YMC 17.05.024-O.E. Mitigation measures must be maintained over the life of the use or
development, and must include compensation for temporal loss of function and the restoration of
specific functions adversely impacted by the vegetation removal. Removal of invasive species does
not require mitigation, but the removal site must be managed as outlined in YMC 17.05.030.1 below
to avoid and minimize potential adverse impacts.
F. Shoreline vegetation may be removed to accommodate a temporary staging area when necessary to
implement an allowed use or modification, but mitigation sequencing must be utilized and the area
must be immediately stabilized and restored with native vegetation once its use as a staging area is
complete.
G. Where a tree poses a safety hazard, it may be removed or converted to a wildlife snag if the hazard
cannot be eliminated by pruning, crown thinning, or other technique that maintains some habitat
function. If a safety hazard cannot be easily determined by the City, a written report by a certified
arborist or other qualified professional is required to evaluate potential safety hazards.
H. Selective pruning of trees for views is allowed. Selective pruning of trees for views does not include
removal of understory vegetation, and must not compromise the health of the tree.
I. Hand removal or spot -spraying of invasive species or noxious weeds on shorelands outside of steep
or unstable slope areas is encouraged. Where noxious weeds and invasive species removal results
in bare soils that may be subject to erosion or recolonization by invasive species, the area must be
stabilized using best management practices and replanted with native plants.
J. Aquatic weed control may only be permitted where the presence of aquatic weeds will adversely
affect native plant communities, fish and wildlife habitats, or an existing water -dependent
recreational use. Aquatic weed control efforts must comply with all applicable laws and standards.
Removal using mechanical methods is preferred over chemical methods.
17.05.040 Water Quality, Stormwater, and Nonpoint Pollution
A. Do not degrade ecological functions. Design, construction and operation of shoreline uses and
developments shall incorporate measures to protect and maintain surface and groundwater
quantity and quality in accordance with all applicable laws, so that there is no net loss of ecological
functions.
B. Do not degrade views and recreation opportunities. Design, construction and operation of shoreline
uses and developments shall incorporate measures to protect and maintain surface and
groundwater quantity and quality in accordance with all applicable laws, so that significant impacts
to aesthetic qualities or recreational opportunities do not occur. A significant impact to aesthetics
or recreation would occur if a stormwater facility and appurtenant structures such as fences or
other features have the potential to block or impair a view of shoreline waters from public land or
from a substantial number of residences per RCW 90.58.320, or if water quality were visibly
degraded such that the color and character were unattractive and discouraged normal uses such as
swimming, fishing, boating, or viewing.
C. Requirements for new development.
1. New development and re -development shall manage short-term and long-term stormwater
runoff to avoid and minimize potential adverse affects on shoreline ecological functions
40
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
through compliance with the latest edition of the Stormwater Management Manual for
Eastern Washington or approved local equivalent if applicable to the project. If certain
thresholds are not met by a development that trigger compliance with the Stormwater
Management Manual or approved local equivalent, best management practices (BMPs) must
still be employed to avoid and minimize potential adverse effects.
2. When the Stormwater Management Manual applies, deviations from the standards may be
approved where it can be demonstrated that off-site facilities would provide better
treatment, or where common retention, detention and/or water quality facilities meeting
such standards have been approved as part of a comprehensive stormwater management
plan.
D. Chemical applications. Pesticides, herbicides, and fertilizers should be applied in a manner which
minimizes direct or indirect entrance into nearby waters. Application of pesticides intended to abate
mosquitoes or similar water -related infestations should be administered in accordance with
Environmental Protection Agency standards.
E. Sewage management. To avoid water quality degradation, sewer service is subject to the
requirements outlined below.
1. Any existing septic system or other on-site system that fails or malfunctions will be required to
connect to an existing municipal sewer service system if feasible, or make system corrections
approved by Yakima Public Health.
2. Any new development, business, single-family or multi -family unit will be required to connect to
an existing municipal sewer service system if feasible, or install an on-site septic system
approved by Yakima Public Health.
F. Materials requirements. All materials that may come in contact with water shall be untreated or
approved treated wood, concrete, approved plastic composites or steel, that will not adversely
affect water quality or aquatic plants or animals.
G. Low Impact Development (LID). Use of the most current version of the Yakima Region Low Impact
Development (LID) Stormwater Design Manual throughout the various stages of development,
including site assessment, planning and design, site preparation, construction, and ongoing
management, is encouraged.
17.05.050 Public Access
A. Shoreline development shall not interfere with public access and enjoyment of any nearby publicly
owned land areas.
B. The City shall not vacate any road, street, or alley abutting a body of water except as provided under
RCW 35.79.035.
C. Efforts to implement the public access provisions of this section shall be consistent with all relevant
constitutional and other legal limitations on regulation of private property and the principles of
nexus and proportionality. Public access requirements on privately owned lands should be
commensurate with the scale and character of the development and should be compatibly designed
to meet needs of affected parties including, but not limited to, the landowner and the public.
41
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. Applications that access or are part of properties owned by Yakima County shall submit
documentation of County approval prior to submittal to the City.
E. Public access does not include the right to enter upon or cross private property, except on dedicated
public rights-of-way or easements or where development is specifically designed to accommodate
public access.
F. Except as provided in subsection G below, shoreline substantial developments and shoreline
conditional uses shall provide for safe and convenient public access to and along the shoreline
where any of the following conditions are present:
1. the development is proposed by a public entity or on public lands, or is a publicly financed
erosion control measure;
2. the nature of the proposed use, activity or development will likely generate a public demand
for one or more forms of physical or visual access to the shoreline;
3. the proposed use, activity or development is not a water -oriented or other preferred
shoreline use, activity or development under the Act, such as a nonwater-oriented
commercial or industrial use; or
4. the proposed use, activity or development will interfere with the public use, activity and
enjoyment of shoreline areas or waterbodies subject to the public trust doctrine (see
definition YMC 17.01.090).
G. An applicant shall not be required to provide public access where the City determines that one or
more of the following conditions apply:
1. reasonable, safe and convenient public access to the shoreline is accessible within one-
quarter mile (1,320 feet) of the site, or the City's adopted parks and recreation plans do not
indicate a need for a trail or access at the property;
2. the site is within or part of an overall development which has previously provided public
access through other application processes;
3. the economic cost of providing for public access upon the site is unreasonably
disproportionate to the total long-term economic value of the proposed use, activity or
development;
4. the proposed use, activity or development only involves the construction of four or fewer
single-family or multifamily dwellings;
5. the proposed use, activity or development only involves agricultural activities;
6. the proposal consists of a new or expanded road or utility crossing through shoreline
jurisdiction serving development located outside of shoreline jurisdiction;
7. the nature of the use, activity or development or the characteristics of the site make public
access requirements inappropriate due to health, safety or environmental hazards based on
evidence provided in the proposed application;
8. the proposed use, activity or development has security requirements that are not feasible to
address through the application of alternative design features or other measures;
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9. significant and unmitigable harm to the shoreline environment would be likely to result from
an increase, expansion or extension of public access upon the site;
10. public access is deemed detrimental to threatened and/or endangered species under the
Endangered Species Act.
H. Public Access Standards. When public access is provided, the following standards shall apply.
1. Physical public access is preferred to solely visual access. Where physical public access is not
feasible, the applicant shall incorporate visual public access. Visual public access may consist
of view corridors, viewpoints, or other means of visual approach to public waters. Physical
public access may consist of a dedication of land or easement and a physical improvement in
the form of a trail, park, or other area serving as a means of physical approach to public
waters.
2. Physical public access shall be designed to connect to existing or future public access features
on adjacent or abutting properties, or shall connect to existing public rights-of-way or access
easements, consistent with design and safety standards.
3. Public access proposals shall be designed consistent with parks and recreation standards or
plans contained in applicable City, County, State, or Federal codes or approved plans.
I. Shared community access may be allowed if there is no existing or planned public access along the
shoreline as determined by a review of adopted parks and recreation plans. Where provided,
community access is subject to all applicable development standards of this section.
J. Off-site public access, either physical or visual, may be permitted by the City where it results in an
equal or greater public benefit than on-site public access, or when on-site limitations of security,
environment, or feasibility are present. Off-site public access is preferred where it implements
adopted City, County, or Yakima Greenway parks and recreation plans. Off-site public access may
include, but is not limited to, enhancing a nearby public property (e.g. existing public recreation site;
existing public access; road, street or alley abutting a body of water; or similar) in accordance with
City standards; providing, improving or enhancing public access on another property under the
control of the applicant/proponent; or another equivalent measure.
K. The City may condition public access proposals to ensure compatibility with existing public access or
transportation facilities, address environmental conditions or environmental impacts, and/or
address compatibility with adjacent properties. Public access facilities shall be made compatible
with adjacent private properties through the use of techniques to define the separation between
public and private space.
17.05.060 Flood Hazard Reduction
A. Development in floodplains shall avoid significantly or cumulatively increasing flood hazards.
Development shall be consistent with this SMP, including YMC 17.09.020, as well as applicable
guidelines of the Federal Emergency Management Agency and an approved comprehensive flood
hazard management plan.
B. The channel migration zone (CMZ) is considered to be that area of a stream channel which may
erode as a result of normal and naturally occurring processes and has been mapped consistent with
WAC guidelines. C. The following uses and activities may be authorized within the CMZ or
floodway:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
1. New development or redevelopment on or landward of existing legal structures, such as
levees, that prevent active channel movement and flooding.
2. Development of new or expansion or redevelopment of existing bridges, public stormwater
facilities and outfalls, and other public utility and transportation structures, including trails,
where no other feasible (see definition in YMC 17.01.090) alternative exists or the alternative
would result in unreasonable and disproportionate costs (see definition in YMC 17.01.090).
The evaluation of cost differences between options within the CMZ or floodway and outside
of the CMZ or floodway shall include the cost of design, permitting, construction and long-
term maintenance or repair. Where such structures are allowed, mitigation shall address
adversely impacted functions and processes in the affected shoreline.
3. Development of new or expansion or redevelopment of existing utility lines where no other
feasible alternative exists or the alternative would result in unreasonable and
disproportionate costs. The evaluation of cost differences between options within the CMZ or
floodway and outside of the CMZ or floodway shall include the cost of design, permitting,
construction and long-term maintenance or repair. Where such structures are allowed,
mitigation shall address adversely impacted functions and processes in the affected shoreline.
When the primary purpose of a utility transmission line is to transfer bulk products or energy
through a floodway en route to another destination, as opposed to serving customers within a
floodway, such transmission lines shall conform to the following:
a. All utility transmission lines shall cross floodways by the most direct route feasible as
opposed to paralleling floodways;
b. Electric transmission lines shall span the floodway with support towers located in
floodway fringe areas or beyond. Where floodway areas cannot be spanned due to
excessive width, support towers shall be located to avoid high floodwater velocity
and/or depth areas, and shall be adequately floodproofed;
c. Buried utility transmission lines transporting hazardous and non -hazardous materials,
including but not limited to crude and refined petroleum products and natural gas, shall
be buried a minimum of four (4) feet below the maximum established scour of the
waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be
maintained horizontally within the hydraulic floodway to the maximum extent of
potential channel migration as determined by hydrologic analyses. In the event
potential channel migration extends beyond the hydraulic floodway, conditions imposed
upon floodway fringe and special flood hazard areas shall also govern placement. All
hydrologic analyses are subject to acceptance by the City of Yakima, which shall assume
the conditions of a one -hundred (100) year frequency flood as verified by the U.S. Army
Corps of Engineers, and shall include on-site investigations and consideration of
historical meander characteristics in addition to other pertinent facts and data. The use
of riprap as a meander containment mechanism within the hydraulic floodway shall be
consistent with this Title;
d. Beyond the maximum extent of potential channel migration, utility transmission lines
transporting hazardous and non -hazardous materials shall be buried below existing
natural and artificial drainage features; and,
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e. Aboveground utility transmission lines, not including electric transmission lines, shall
only be allowed for the transportation of non -hazardous materials where an existing or
new bridge or other structure is available and capable of supporting the line. When
located on existing or new bridges or other structures with elevations below the one -
hundred (100) year flood level, the transmission line shall be placed on the downstream
side and protected from flood debris. In such instances, site-specific conditions and
flood damage potential shall dictate placement, design and protection throughout the
floodway. Applicants must demonstrate that such aboveground lines will have no
appreciable effect upon flood depth, velocity or passage, and shall be adequately
protected from flood damage. If the transmission line is to be buried except at the
waterway crossing, burial specifications shall be determined as in subsection (C)(3)
above.
4. New or redeveloped measures to reduce shoreline erosion, provided that it is demonstrated
that the erosion rate exceeds that which would normally occur in a natural condition, that the
measures do not interfere with fluvial hydrological and geo-morphological processes normally
acting in natural conditions, and that the measures include appropriate mitigation of adverse
impacts on ecological functions associated with the river or stream.
5. Actions that protect or restore the ecosystem -wide processes or ecological functions or
development with a primary purpose of protecting or restoring ecological functions and
ecosystem -wide processes.
6. Water -dependent installations which by their very nature must be in the floodway. In all
instances of locating utilities and other installations in floodway locations, project design must
incorporate floodproofing (Examples of water -dependent installations are: docks and boat
launches; dams for domestic/industrial water supply; wastewater treatment and collection
systems; flood control and/or hydroelectric production; water diversion structures and
facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage
pumping plants and facilities; hydroelectric generating facilities and appurtenant structures;
and nonstructural uses and practices; provided, that the applicant shall provide evidence that
a floodway location is necessary in view of the objectives of the proposal, and provided
further that the proposal is consistent with other provisions of this Chapter and Title)
7. Modifications or additions to an existing nonagricultural legal use, provided that channel
migration is not further limited and that the modified or expanded development includes
appropriate protection of ecological functions.
8. Repair and maintenance of existing legally established use and developments, provided that
channel migration is not further limited, flood hazards to other uses are not increased, and
significant adverse ecological impacts are avoided.
9. Existing and ongoing agricultural activities provided that no new restrictions to channel
movement are proposed.
D. Existing structural flood hazard reduction measures, such as levees, may be repaired and maintained
as necessary to protect legal uses on the landward side of such structures. Increases in height of an
existing levee, with any associated increase in width, that may be needed to prevent a reduction in
the authorized level of protection of existing legal structures and uses shall be considered an
element of repair and maintenance.
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E. Flood hazard reduction measures shall not result in channelization of normal stream flows, interfere
with natural hydraulic processes such as channel migration, or undermine existing structures or
downstream banks.
F. New development in shoreline jurisdiction, including the subdivision of land, shall not be permitted
if it is reasonably foreseeable that the development or use would require structural flood hazard
reduction measures within the channel migration zone or floodway.
G. New public and private structural flood hazard reduction measures:
1. shall be approved when a scientific and engineering analysis demonstrates the following:
a. that they are necessary to protect existing development;
b. that nonstructural measures, such as setbacks, land use controls, wetland restoration,
dike removal, use or structure removal or relocation, biotechnical measures, and
stormwater management programs are not feasible;
c. that adverse effects upon adjacent properties will not result relative to increased
floodwater depths and velocities during the base flood or other more frequent flood
occurrences;
d. that the ability of natural drainage ways to adequately drain floodwaters after a flooding
event is not impaired;
e. that the proposal has been coordinated through the appropriate diking district where
applicable, and that potential adverse effects upon other affected diking districts have
been documented; and,
f. that adverse impacts on ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
2. shall be consistent with an approved comprehensive flood hazard management plan.
3. shall be placed landward of associated wetlands and designated shoreline buffers, except for
actions that increase ecological functions, such as wetland restoration, or when no other
alternative location to reduce flood hazard to existing development is feasible as determined
by the Shoreline Administrator.
H. All new flood control projects shall define maintenance responsibilities and a funding source for
operations, maintenance, and repairs for the life of the project.
I. New public structural flood hazard reduction measures, such as levees, shall dedicate and improve
public access pathways unless public access improvements would cause unavoidable health or
safety hazards to the public, inherent and unavoidable security problems, unacceptable and
unmitigable significant adverse ecological impacts, unavoidable conflict with the proposed use, or a
cost that is disproportionate and unreasonable to the total long-term cost of the development.
Setbacks of existing levees are not considered "new" structural flood hazard reduction measures for
purposes of this regulation.
J. In those instances where management of vegetation as required by this SMP conflicts with
vegetation provisions included in state, federal or other flood hazard agency documents governing
city -authorized, legal flood hazard reduction measures, the vegetation requirements of this SMP will
not apply. However, the applicant shall submit documentation of these conflicting provisions with
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any shoreline permit applications, and shall comply with all other provisions of this section and this
SMP that are not strictly prohibited by the approving flood hazard agency.
K. The removal of gravel or other riverbed material for flood management purposes shall be consistent
with YMC 17.07.050, Dredging and Dredge Material Disposal, and be allowed only after a biological
and geo-morphological study shows that extraction has a long-term benefit to flood hazard
reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood
management solution.
L. Roads shall be located outside the floodway, except necessary crossings which shall be placed
perpendicular to the waterbody as much as is physically feasible. New transportation facilities shall
be designed so that the effective base flood storage volume of the floodplain is not reduced. The
applicant shall provide all necessary studies, reports and engineering analysis which shall be subject
to review and modification by the City. If proposed transportation facilities effectively provide flood
control, they shall comply with policies and regulations of this section.
M. In recognition of the significant benefits of levee setbacks, maximum flexibility of Title 17, including
Chapter 17.09 Critical Areas, should be granted when existing structural flood hazard reduction
measures are proposed for relocation landward of the existing flood hazard reduction measure.
Existing public access or recreation facilities that need to be relocated to accommodate the
relocated flood hazard reduction measure shall be allowed to be reconstructed in the floodway or
channel migration zone provided they do not further limit channel migration or increase flood
hazards.
CHAPTER 17.07 USE -SPECIFIC AND MODIFICATION REGULATIONS
17.07.010 Agriculture
A. 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.
B. The provisions of this SMP do not limit or require modification of agricultural activities on
agricultural lands as of the date of adoption of the SMP.
C. SMP provisions shall apply in the following cases:
1. new agricultural activities on land not meeting the definition of agricultural land;
2. expansion of agricultural activities on non-agricultural lands or conversion of non-agricultural
lands to agricultural activities;
3. conversion of agricultural lands to other uses;
4. other development on agricultural land that does not meet the definition of agricultural
activities; and
5. agricultural development and uses not specifically exempted by the Act.
D. Concentrated animal feeding operations (see definition in YMC 17.01.090) are prohibited in
shoreline jurisdiction.
E. New agricultural activities and facilities shall utilize best management practices established by the
USDA Natural Resources Conservation Service or other similar agency.
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F. Development in support of agricultural uses shall be consistent with the environment designation
intent and management policies, located and designed to assure no net loss of ecological functions,
and shall not have a significant adverse impact on other shoreline resources and values.
17.07.020 Aquaculture
The following provisions apply to any development, construction, or use of land or water for
aquacultural purposes within Shoreline jurisdiction.
A. All structures located within waterbodies shall not preclude navigability of those waters at any time,
and shall be clearly marked so as to provide no hazard to navigation on those waters.
B. Aquaculture facilities shall be designed and located to avoid significant conflict with water -
dependent uses, the spreading of disease, introduction of non-native species, or impacts to
shoreline aesthetic qualities.
C. New aquaculture proposals shall comply with mitigation sequencing requirements as outlined in
YMC 17.05.020.D, and with all other general standards in YMC Chapter 17.05. Aquaculture activities
that would have a significant adverse impact on natural, dynamic shoreline processes, or that would
result in a net loss of shoreline ecological functions, shall be prohibited.
D. Potential locations for aquaculture are relatively restricted due to specific requirements for water
quality, temperature, flows, oxygen content, adjacent land uses, wind protection, and commercial
navigation. The technology associated with some forms of present-day aquaculture is still in its
formative stages and experimental. Therefore, some latitude in the development of this use should
be given, while the potential impacts on existing uses and natural systems are recognized.
E. Aquaculture that supports recovery of endangered or threatened fish species or supports public or
community recreation is encouraged provided it is conducted within the bounds of subsections A
through C.
17.07.030 Boating and Private Moorage Facilities
A. All boating facilities and residential moorage structures shall be the minimum size necessary to meet
the needs of the use.
B. New pier or dock construction, excluding docks accessory to single-family residences, must
demonstrate that a specific need exists to support the intended water -dependent or public access
use. Docks associated with single-family residences are defined as water -dependent uses provided
they are designed and intended as a facility for access to watercraft.
C. New residential development of two or more dwellings must provide joint -use or community dock
facilities, when feasible, rather than allow individual docks for each residence.
D. Docks, piers, and any other over -water structures for purposes of temporary or permanent boat
moorage, are prohibited in free-flowing streams and rivers.
E. Public, commercial, industrial, or community residential boating facilities shall:
1. comply with the health, safety and welfare standards of State and local agencies for such
facilities;
2. be so located and designed as not to obstruct or cause danger to normal public navigation of
waterbodies, if applicable;
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3. be restricted to suitable locations;
4. avoid or mitigate for aesthetic impacts;
5. mitigate impacts to existing public access and navigation, if applicable;
6. provide documentation of ownership or authorization to use associated water areas;
7. demonstrate that state and local regulations will be met. Agencies responsible for such
regulations shall be consulted as to the viability of the proposed design; and
8. submit an operations and site plan demonstrating:
a. location and design of fuel handling and storage facilities to minimize accidental spillage
and protect water quality;
b. proper water depth and flushing action for any area considered for overnight or long-
term moorage facilities;
c. adequate facilities to properly handle wastes from holding tanks;
d. that boating facilities are located only at sites with suitable environmental conditions,
shoreline configuration, and access; and
e. adequate access, parking, and restroom facilities for the public when required or
appropriate. Such facilities should be located away from the immediate water's edge.
F. Private residential docks.
1. Aspen Lake: the maximum length of docks is 8 feet measured perpendicular from the OHWM,
and no new dock may be situated directly across from an existing dock.
2. Willow Lake: the maximum length of docks is 12 feet measured perpendicular from the
OHWM.
G. Boat Launches.
1. Launch ramps shall be designed and constructed using methods/technology that have been
recognized and approved by state and federal resource agencies as the best currently
available, with consideration for site-specific conditions and the particular needs of that use.
At a minimum, they shall minimize the obstruction of currents, alteration of sediment
transport, and the accumulation of drift logs and debris.
2. New boat launch facilities shall be approved only if they provide public access to public waters
that are not adequately served by existing access facilities, or if use of existing facilities is
documented to exceed the designed capacity. Prior to providing boat launch facilities at a
new location, documentation shall be provided demonstrating that expansion of existing
launch facilities is not feasible or would not be adequate to meet a specific recreation or
safety-related demand.
17.07.040 Commercial and Service Development
The following provisions apply to any development, construction, or use of land or water for
commercial and community service purposes within Shoreline jurisdiction.
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A. Water -dependent commercial development shall be given priority over nonwater-dependent
commercial uses. Secondarily, water -related and water -oriented uses shall be given priority over
nonwater-oriented commercial uses.
B. Application for new commercial or community services shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
2. The use is part of a mixed-use project that includes water -dependent uses, or;
3. Navigability is severely limited at the proposed site, and the use will provide a significant
public benefit towards meeting SMA objectives, such as providing public access consistent
with YMC 17.05.0540 and ecological restoration, or;
4. That a nonwater-oriented use is physically separated from the shoreline by either a public
right-of-way or a separate parcel.
C. Mixed-use buildings, as defined in YMC 17.03.070090, may be allowed subject to compliance
with all of the following criteria:
1. The project includes one or more water -dependent uses.
2. Water -dependent commercial uses as well as other water -oriented commercial uses have
preferential locations along the shoreline.
3. The underlying zoning district permits residential uses together with commercial uses.
4. Public access is provided for substantial numbers of persons in accordance with YMC
17.05.050 and ecological restoration is provided as a public benefit. The Shoreline
Administrator shall interpret substantial numbers of persons consistent with the Act, SMP
Guidelines, and Shorelines Hearings Board cases.
5. Residential uses meet requirements of YMC 17.07.130.
D. If required by YMC 17.05.040, commercial and community services uses shall be designed to
facilitate public access to and enjoyment of nearby shoreline areas.
E. Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment
unless they are accessory to and support water -dependent uses.
17.07.050 Dredging and Dredge Material Disposal
A. Siting and design. New development shall be sited and designed to avoid or, if that is not possible,
to minimize the need for new and maintenance dredging.
B. Dredging and dredge material disposal shall be done in a manner which avoids or minimizes
significant ecological impacts, and impacts which cannot be avoided shall be mitigated in a manner
that assures no net loss of shoreline ecological functions. Dredging and excavation shall be confined
to the minimum area necessary to accomplish the intended purpose or use.
C. Dredging shall be permitted for the following activities when significant ecological impacts are
minimized and when mitigation is provided:
1. Establishment, expansion, relocation or reconfiguration of navigation channels and basins
where necessary for assuring safe and efficient accommodation of existing navigational uses.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. Maintenance dredging of established navigation channels and basins, provided dredging is
restricted to maintaining previously dredged and/or existing authorized location, depth, and
width.
3. Development, expansion and maintenance of essential public facilities when there are no
feasible alternatives.
4. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes.
5. Restoration or enhancement of shoreline ecological functions and processes benefiting water
quality and/or fish and wildlife habitat.
6. Reduction of flood hazards.
D. Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill
material shall not be allowed, except when the material is necessary for the restoration of ecological
functions. When allowed, the site where the fill is to be placed must be located waterward of the
ordinary high-water mark. The project must be either associated with a Model Toxics Control Act or
Comprehensive Environmental Response, Compensation, and Liability Act habitat restoration
project or, if approved through a Shoreline Conditional Use Permit, any other significant habitat
enhancement project.
E. Use of dredged material for the purpose of ecological restoration is encouraged.
F. Disposal of dredge material on shorelands or wetlands within a river's channel migration zone is
discouraged. In the limited instances where it is allowed, such disposal requires a Shoreline
Conditional Use Permit. This provision is not intended to address discharge of dredge material into
the flowing current of the river or in deep water within the channel where it does not substantially
affect the geohydrologic character of the channel migration zone.
G. Hydraulic dredging (see definition in YMC 17.01.090) or other techniques that minimize the
dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
H. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of
sediments and other dredge materials.
I. Dredge spoils are also considered fill, and shall not be deposited within 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.
J. The City may approve five-year management plans addressing maintenance dredging, use of best
management practices, and other measures to assure no net loss of shoreline ecological functions.
K. All applications for Shoreline Permits that include dredging shall supply a dredging plan that includes
the following information:
1. The quantity of material to be removed.
2. The method of removal.
3. Location of spoil disposal sites and measures that will be taken to protect the environment
around them.
4. Plans for the protection and restoration of the shoreline environment during and after
dredging operations.
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L. A dredging operation judged by the Administrator to be insufficient for protection or restoration of
the shoreline environment shall cause denial of a Shoreline permit.
17.07.060 Fill
A. All fills shall be located, designed and constructed to protect shoreline ecological functions and
ecosystem -wide processes, including channel migration. Any adverse impacts to shoreline
ecological functions shall be mitigated.
B. Permissible fill in sensitive areas, including fill within wetlands, floodways, channel migration zones,
or waterward of the OHWM, shall only be permitted in limited instances for the following purposes
and when other required state or federal permits have been obtained, with due consideration given
to specific site conditions, and only along with approved shoreline use and development activities
that are consistent with this SMP, such as:
1. Water -dependent uses, public access, and cleanup and disposal of contaminated sediments as
part of an interagency environmental clean-up plan;
2. Disposal of dredged material considered suitable under, and conducted in accordance with,
the Dredged Material Management Program of the Department of Natural Resources and/or
the Dredged Material Management Office of the U.S. Army Corps of Engineers (see YMC
17.07.0560 of this SMP);
3. Expansion or alteration of transportation facilities of statewide significance currently located
on the shoreline where alternatives to fill are infeasible;
4. Ecological restoration or enhancement when consistent with an approved restoration plan;
5. Maintenance or installation of flood hazard reduction measures consistent with a
comprehensive flood hazard management plan and YMC 17.05.060, Flood Hazard Reduction.
6. Protection of cultural or historic resources when fill is the most feasible method to avoid
continued degradation, disturbance or erosion of a site. Such fills must be coordinated with
the Yakama Nation and comply with applicable provisions of YMC 17.05.010 of this SMP.
All fills waterward of the OHWM not associated with ecological restoration, flood control or
approved shoreline stabilization shall require a Shoreline Conditional Use Permit.
C. Permissible upland fill. All other upland fill is permitted, provided it:
1. Is conducted outside applicable buffers, unless specifically allowed in buffers;
2. Is part of an approved shoreline use or modification, or is necessary to provide protection to
cultural or historic resources;
3. Is the minimum necessary to implement the approved use or modification;
4. Is planned to fit the topography so that minimum alterations of natural conditions will be
necessary;
5. Does not adversely affect hydrologic conditions or increase the risk of slope failure; and
6. Is consistent with applicable provisions of Chapter 17.09, particularly regulations governing
floodways and 100 -year floodplains.
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
D. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas
having the least impact to the shoreline area. Other alternatives shall be preferred over fill to
elevate new structures in the floodplain, such as use of pile or pier supports, posts, columns, other
zero -rise methods, or increasing foundation height.
E. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be
sand, gravel, rock, or other clean material obtained from a State -certified source, with a minimum
potential to degrade water quality and meeting the specifications included in project plans approved
by local, state and federal review agencies.
F. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns,
and other identified natural processes.
G. Erosion control. A temporary erosion and sediment control (TESC) plan, including BMPs, consistent
with the Stormwater Management Manual for Eastern Washington, or the most recent adopted
stormwater manual, shall be provided for all proposed fill and excavation activities, and approved by
the Shoreline Administrator prior to commencement of activity. Disturbed areas shall be
immediately protected from erosion using weed -free straw, mulches, hydroseed, or similar methods
and revegetated, as applicable.
H. Projects that propose fill shall make every effort to acquire fill onsite (also known as compensatory
storage) where appropriate.
I. Fill should not obstruct, cut off, or isolate stream corridor features.
17.07.070 Industry
The following provisions apply to any development, construction, or use of land for industrial purposes
within Shoreline jurisdiction:
A. Water -dependent uses shall be given preference over nonwater-dependent uses. Water -oriented
industrial uses shall be given preference over nonwater-oriented uses.
B. Facilities and structures shall be designed and screened with vegetation to minimize degradation of
shoreline aesthetic qualities.
C. The location, design, and construction of industrial uses and redevelopment are required to
demonstrate no net loss of ecological functions and that significant adverse impacts to other
shoreline resources and values are avoided. Industries which have proven to be environmentally
hazardous are prohibited from locating along the shorelines provided such industries may be
allowed consistent with the Shoreline Use and Modification Matrix (Table 03.070-1) if a hazard
mitigation plan is approved by the Shoreline Administrator upon a finding that the plan would
adequately mitigate hazards and provide for no net loss of ecological function. If the plan is found
insufficient for protection of the shoreline environment, the Shoreline Administrator may require a
third -party review of the hazard mitigation plan at the applicant's expense.
D. New industrial uses and redevelopment of industrial uses shall provide for environmental cleanup
and restoration in degraded or contaminated locations.
E. Application for new industrial activities shall demonstrate either:
1. How the use qualifies as a water -oriented use and how facilities function as such, or;
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
2. That a nonwater-oriented use is part of a mixed-use development that includes a water -
dependent use, or;
3. Navigability is severely limited at the proposed site and the use will provide a significant public
benefit towards meeting SMA objectives, such as providing public access and ecological
restoration, or;
4. That a nonwater-oriented use is physically separated from the shoreline by either a public
right-of-way or a separate parcel.
F. New or expanded industrial developments shall be required to make adequate provisions for public
and private visual and physical shoreline access unless such a requirement would interfere with
operations or create hazards to life or property or another exception is met consistent with YMC
17.05.040.
17.07.080 In -Water Structures
A. Prohibited and allowed projects. Projects that damage fish and wildlife resources, degrade
recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood
stages and velocities are prohibited. Structures waterward of the ordinary high-water mark allowed
only for water -dependent uses, public access, shoreline stabilization, or other specific public
purpose.
B. Soil stabilization. Upland cut -and -fill slopes and back-filled areas resulting from installation of in -
water structures shall be stabilized with bioengineering approaches, including, but not limited to
brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss
of shoreline ecological functions and processes. In order to ensure soil stabilization, revegetation
must include native shrubs or trees and may not be limited to native grasses.
C. Water quality. In -water structures shall be constructed and maintained in a manner that does not
degrade the quality of affected waters. The City shall require conditions to achieve this objective.
D. Prohibited structures. In -water structures may not utilize components other than those designed
expressly for the approved in -water use.
E. Natural features. Natural in -water features, such as snags, uprooted trees, or stumps, shall be left in
place unless it can be demonstrated that they are actually causing bank erosion or higher flood
stages or pose a hazard to navigation or human safety.
F. Protect functions, processes and cultural resources. In -water structures shall provide for the
protection and preservation of ecosystem -wide processes, ecological functions, and cultural
resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline
critical areas, hydrogeological processes, and natural scenic vistas. The location and planning of in -
water structures shall give due consideration to the full range of public interests, watershed
functions and processes, and environmental concerns, with special emphasis on protecting and
restoring priority habitats and species.
G. Design. In -water structures shall be designed by a qualified professional as determined by the
Shoreline Administrator. In -water structures shall preserve valuable recreation resources and
aesthetic values such as point and channel bars, islands, and braided channels. In -water structures
shall not be a safety hazard or obstruct water navigation as determined by the Shoreline
Administrator.
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H. Permits. Construction of in -water structures may not commence without having obtained all
applicable Federal, State, and local permits and approvals.
I. Public access. Design of in -water structures by public entities, including the City, other local
governments, state and federal agencies, and public utility districts, shall include access to public
shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable
public health and safety hazards, security problems, unmitigatable ecological impacts, unavoidable
conflicts with proposed uses, or unreasonable cost. At a minimum, in -water structures should not
decrease public access or use potential of shorelines.
17.07.090 Mining
The following provisions shall apply to commercial mining within shoreline jurisdiction. Processing and
other activities that occur off-site or after active mineral extraction has concluded on-site are also
regulated as an industrial use (see YMC 17.07.070):
A. Prior to the authorization of a commercial mining operation, the project proponent shall provide
maps to scale which illustrate the following:
1. The extent to which excavation and processing will affect or modify existing stream corridor
features, including existing riparian vegetation;
2. The location, extent and size in acreage of any pond, lake, or feature that will be created as a
result of mining excavation;
3. The description, location, and extent of any proposed subsequent use that would be different
than existing uses.
B. The operations and any subsequent use or uses shall not cause permanent impairment or loss of
floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the
feature's replacement at equal value, except wetlands which shall be mitigated according to
guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State,
Parts 1 and 2 (March 2006 or as updated).
C. Except where authorized by the City in consultation with the State Department of Fish and Wildlife
and Department of Ecology, the following shall apply:
1. The excavation zone shall be located a minimum of one hundred feet upland from the
ordinary high water mark (OHWM) of the stream channel.
2. Equipment shall not be operated, stored, refueled, or provided maintenance within one
hundred feet of the OHWM.
3. Washing, crushing, screening, or stockpiling of mined materials shall not occur within one
hundred feet of the OHWM.
D. Mining proposals shall be consistent with the Washington Department of Natural Resources Surface
Mine Reclamation standards (WAC 332-18, RCW 78.44).
E. Additional Shoreline Standards for Industrial Mining -
1. Applicants shall submit a mining and reclamation plan to the Shoreline Administrator
describing the proposed site, quantity of material to be removed, method of removal, and
measures that will be taken to protect lakes and streams from siltation and sedimentation. A
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surface mining plan or a reclamation plan judged by the Shoreline Administrator to be
insufficient for protection or restoration of the shoreline environment shall cause denial of a
Shoreline permit.
2. Mining stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from
flooding.
3. New mining and associated activities shall assure that proposed subsequent use of the mined
property is consistent with the provisions of the environment designation and that
reclamation of disturbed shoreline areas provides appropriate ecological functions consistent
with the setting.
17.07.100 Recreational Development
The following provisions apply to any development, construction, or use of land or water for
recreational purposes within Shoreline jurisdiction, whether public or commercial.
A. Recreational activities must be compatible with existing or proposed uses in the area and must not
create a noise, traffic, visual or similar problem.
B. The location, design, and operation of recreational facilities shall be consistent with the purpose of
the environmental designation.
C. Recreational uses and facilities located within shoreline jurisdiction shall include features that relate
to access, enjoyment and use of the water and shorelines of the state. Access to recreational areas
should emphasize both consolidated park or open space areas and trail access. Linkage of shoreline
parks and public access points by means of linear access should be encouraged.
D. Different uses within a specific recreational facility must be compatible with each other.
E. Commercial components of the use that are not explicitly related to the recreational operation must
also conform to the Commercial use standards of YMC 17.07.050 (Commercial and Service
Development).
F. Recreational development shall demonstrate achievement of no net loss of ecological functions.
G. Applicants may apply for a multiyear recreation maintenance plan for exempt and non-exempt
repair and maintenance activities consistent with YMC 17.07.170.
17.07.110 Residential Development
The following provisions apply to any development, construction, or use of land for residential
purposes within Shoreline jurisdiction.
A. New multiunit development, plats or subdivisions containing land adjacent to publicly owned or
controlled bodies of water shall allow for pedestrian access to such waterbodies for residents and
the public consistent with YMC 17.05.040.
B. Residential development and preliminary plats shall contain plans indicating how shoreline
vegetation will be preserved and erosion controlled. A vegetation protection and/or erosion control
plan shall demonstrate adequate protection of vegetation and avoidance of soil erosion. If the plan
is found insufficient for protection of the shoreline environment the Shoreline Administrator may
require a third -party review at the applicant's expense.
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C. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control
structures are not necessary to protect proposed residences. A geotechnical analysis (see definition
in YMC 17.01.090) shall be provided to demonstrate that such structures are unnecessary to protect
proposed residences; this study may be waived by the Shoreline Administrator if a study or
information provided by the USACE, FEMA, Ecology, or other agency exists and provides sufficient
information to conclude that shoreline stabilization and flood control structures are not necessary.
D. New floating residences and over -water residential structures shall be prohibited in shoreline
jurisdiction.
E. Private lake owners or homeowners associations may apply for a multiyear residential maintenance
plan for exempt and non-exempt repair and maintenance activities consistent with YMC 17.07.170.
F. Single-family residences identified as a priority use only when developed in a manner consistent
with control of pollution and prevention of damage to the natural environment.
17.07.120 Shoreline Habitat and Natural Systems Enhancement Projects
A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities
proposed and conducted specifically for the purpose of establishing, restoring or enhancing habitat
for priority species in shorelines. Such projects may include shoreline modification actions such as
modification of vegetation, removal of non-native or invasive plants, shoreline stabilization,
dredging, and filling, provided that the primary purpose of such actions is clearly restoration of the
natural character and ecological functions of the shoreline. This section does not apply to
mitigation.
B. Approved plan. Restoration and enhancement shall be carried out in accordance with an approved
shoreline restoration plan.
C. Protect adjacent resources. All shoreline restoration and enhancement projects shall protect the
integrity of adjacent natural resources, including aquatic habitats and water quality.
D. Maintenance and monitoring. Long-term maintenance and monitoring (minimum of three years, but
preferably longer) shall be arranged by the project applicant and included in restoration or
enhancement proposals.
E. Adverse affects. Shoreline restoration and enhancement may be allowed if the project applicant
demonstrates that no significant adverse changes to sediment transport or river current will result
and that the enhancement will not adversely affect ecological processes, properties, or habitat.
F. Use of best information and BMPs. Shoreline restoration and enhancement projects shall be
designed using the best available scientific and technical information, and implemented using best
management practices.
G. Public use of waters and lands. Shoreline restoration and enhancement shall not interfere with lands
or waters dedicated specifically for public use, as determined by the Shoreline Administrator,
without appropriate mitigation. For projects on state-owned aquatic lands, project proponents
must coordinate with the Washington Department of Natural Resources to ensure the project will
be appropriately located prior to the solicitation of permits from regulatory agencies.
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H. Relief for OHWM shifts. Applicants seeking to perform restoration projects are advised to work with
the City to assess whether and how the proposed project is allowed relief under RCW 90.58.580, in
the event that the project shifts the OHWM landward.
17.07.130 Shoreline Stabilization
A. Shoreline stabilization projects shall be allowed only where there is evidence of erosion which
clearly represents a threat to existing property, structures, uses or facilities, and which stabilization
will not jeopardize other upstream or downstream properties. A geotechnical analysis must
estimate time frames and rates of erosion and report on the urgency associated with the specific
situation. New hard shoreline stabilization solutions to protect primary structures shall not be
authorized except when a report confirms that there is a significant possibility that such a structure
will be damaged within three years as a result of shoreline erosion in the absence of such measures,
or where waiting until the need is that immediate would foreclose the opportunity to use measures
that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to
prevent potential damage to a primary structure, but the need is not as immediate as the three
years, that report may still be used to justify more immediate authorization to protect against
erosion using soft measures.
B. New development shall be located and designed to avoid the need for future shoreline stabilization
to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not
require shoreline stabilization in order for reasonable development to occur using geotechnical
analysis of the site and shoreline characteristics.
C. Stabilization projects shall be developed under the supervision of, or in consultation with, agencies
or professionals with appropriate expertise.
D. Stabilization projects shall be limited in size to the minimum protective measures necessary, and
shall use measures designed to assure no net loss of shoreline ecological functions and avoidance
and minimization of impacts to sediment transport processes. Soft approaches shall be used unless
demonstrated not to be sufficient to protect primary structures, dwellings, and businesses.
E. The use of fill to restore lost land may accompany stabilization work, provided the resultant shore
does not extend beyond the original ordinary high water mark, finished grades are consistent with
abutting properties, a restoration plan is approved for the area, and the fill material is in compliance
with YMC 17.07.060 (Fill).
F. Stabilization projects shall use design, material, and construction alternatives that do not require
high or continuous maintenance and which prevent or minimize the need for subsequent
stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to
be used in shore stabilization projects.
G. Shoreline stabilization measures shall be designed, located, and constructed in such a manner as
to minimize the disruption of natural channel characteristics.
H. Required geotechnical reports shall meet the provisions of the definition provided in 17.01.090.
I. Demonstration of necessity. New structural shoreline stabilization measures shall not be allowed
except when necessity is demonstrated in the following manner:
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a. New or enlarged structural stabilization measures to protect an existing primary
structure, including residences, shall not be allowed unless there is conclusive evidence,
documented by a geotechnical analysis that the structure is in danger from shoreline
erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or
shoreline erosion itself, without a scientific or geotechnical analysis, is not
demonstration of need. The geotechnical analysis should evaluate on-site drainage
issues and address drainage problems away from the shoreline edge before considering
structural shore stabilization.
b. Erosion control structures in support of new nonwater-dependent development,
including single-family residences, when all of the conditions below apply:
1. The erosion is not being caused by upland conditions, such as the loss of vegetation
and drainage.
ii. Nonstructural measures, such as placing the development farther from the
shoreline, planting vegetation, or installing on-site drainage improvements, are not
feasible or not sufficient.
iii. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report. The damage must be caused by
natural processes, such as currents and waves.
c. Erosion control structures in support of water -dependent development when all of the
conditions below apply:
1. The erosion is not being caused by upland conditions, such as the loss of vegetation
and drainage.
ii. Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient.
iii. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report.
d. 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.
J. An existing shoreline stabilization structure may be replaced with a similar structure if there is a
demonstrated need to protect principal uses or structures from erosion. For purposes of this
section, "replacement" means the construction of a new structure to perform a shoreline
stabilization function of an existing structure which can no longer adequately serve its
purpose. Additions to or increases in size of existing shoreline stabilization measures shall be
considered new structures.
K. Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or
existing structure unless the residence was occupied prior to January 1, 1992, and there are
overriding safety or environmental concerns. In such cases, the replacement structure shall
abut the existing shore stabilization structure.
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L. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions
may be permitted waterward of the ordinary high-water mark.
17.07.140 Signs
A. Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington
State Scenic Vistas Act of 1971, where applicable.
B. Signs shall meet applicable City municipal code requirements regarding size, location, lighting, and
other relevant performance standards.
C. Proposals for signage shall submit plans for signage at the time of application for shoreline permits,
including shoreline exemptions.
D. The Shoreline Administrator may condition signage regarding size, illumination, and placement, to
ensure that signage is compatible with adjacent shoreline environments and does not:
1) significantly (see definition in YMC 17.01.090) obstruct visual access to the water from public
lands or a substantial number of residences per Section 17.03.080 Development Standards and
shorelines hearings board case law; or 2) impair scenic vistas to the Yakima Greenway or Naches
River or associated lakes; or
3) impair driver vision such as due to lines of sight, type or frequency of lighting, or other feature
that has the potential to result in safety concerns.
17.07.150 Transportation and Parking
The following provisions shall apply to the location and construction of roads; railroads; bridges;
water crossings; pedestrian, bicycle, and public transportation; and parking within shorelines, where
appropriate.
A. Transportation and parking activities consistent with exemptions in YMC 17.13.050 are exempt from
the requirement to obtain a Shoreline Substantial Development Permit, but shall meet applicable
provisions of this Master Program. Applicants may apply for a multiyear transportation maintenance
plan for exempt and non-exempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded transportation and parking facilities must be designed and located where they will
have the least possible adverse effect on unique or fragile shoreline features, will not result in a net
loss of shoreline ecological functions, and will not adversely impact existing or planned water -
dependent uses.
C. New or expanded roads and railroads shall not be located within a designated stream corridor
except where it is necessary to cross the corridor, or where existing development, topography, and
other conditions preclude locations outside the stream corridor. Applications for new or expanded
roads and railroads shall demonstrate through engineering studies that a shoreline location is the
most feasible of the available options.
1. Construction of roadways or railroads across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
2. Roadways or railroads that must run parallel to stream or wetland edges shall be along routes
having the greatest possible distance from stream or wetland and the least impact to the
corridor.
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3. Roadways or railroads within the stream corridor shall not hydrologically obstruct, cut-off or
isolate stream corridor features.
D. Material excavated from the roadway area to achieve the design grade shall be used as fill where
necessary to maintain grade, or shall be transported outside the corridor if it contains material
unsuited to the current construction project. Spoil, construction waste, and other debris shall not be
used as road fill or buried within the stream corridor.
E. Bridges, water -crossing structures, or necessary fill to elevate roadways shall not constrict the
stream channel; impede the normal flow of floodwaters, sediment, and woody debris; or cause
displacement that would increase the elevation of flood waters such that it would cause properties
not in the floodplain to be flood -prone.
F. Natural stream channels and drainage ways shall be preserved through the use of bridges for
crossings, unless the use of culverts is demonstrated to be the only technically feasible means for
crossing. The use of bridges shall be the preferred means to preserve natural streams and
drainageways. Where bridges are not feasible, large, natural bottom culverts; multi -plate pipes; and
bottomless arches shall be used, and shall be designed consistent with the latest guidance from the
Washington Department of Fish and Wildlife.
G. Roads and bridges within floodways must meet flood hazard regulations of YMC 17.09.020.
H. Parking — the standards in this section only apply to new or expanded uses within Shoreline
jurisdiction.
1. Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary
to support an authorized use consistent with the use matrix and definitions in YMC 17.03.070
and 17.01.090, respectively.
2. Parking areas shall be located upland of the areas they serve, unless:
a. A location waterward is required to meet Americans with Disabilities Act requirements,
or
b. No other feasible location upland of the area served is possible due to topographical or
other physical constraints.
c. In the above cases 2a and 2b, parking shall be located as far upland from the OHWM as
feasible, recognizing the limited supply of shoreline areas.
3. Proposals for new or expanded parking facilities shall minimize environmental and visual
impacts of parking facilities through compliance with YMC Chapter 17.05 General Regulations,
YMC Chapter 17.09 Critical Areas, and applicable City zoning standards addressing lighting and
landscaping.
17.07.160 Utilities
The following provisions shall apply to the location, construction, or installation of utility transmission
lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within
shoreline jurisdiction:
A. Utilities activities consistent with exemptions in YMC 17.13.050 are exempt from the requirement to
obtain a Shoreline Substantial Development Permit, but shall meet applicable provisions of this
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Master Program. Applicants may apply for a multiyear utilities maintenance plan for exempt and
non-exempt repair and maintenance activities consistent with YMC 17.07.170.
B. New or expanded nonwater-oriented utility production and processing facilities, such as power
plants and sewage treatment plants, or parts of those facilities that are nonwater-oriented, shall not
be allowed in shoreline jurisdiction unless it can be demonstrated that:
1. No other feasible option is available, or
2. The new location is necessary due to channel migration or levee setback, or
3. The facilities are being added or improved to meet federal or state mandates.
C. Utility transmission lines and facilities shall be permitted within the stream corridor only where
it is necessary to cross the corridor or where existing development, topography, and other
conditions preclude locations outside the stream corridor. For example, lines and facilities that are
essential public facilities (e.g. regional sewer facilities) that must cross the stream are permitted.
1. Utility transmission lines and facilities across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
2. The construction of utility transmission lines and facilities within a stream corridor shall be
designed and located to ensure minimum disruption to the functional properties specified
under YMC 17.09.030.
D. Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement
or repair with minimal disturbance to the stream corridor.
E. Buried utility transmission lines crossing a stream corridor shall be buried a sufficient depth below
the bankfull depth of the waterway, associated floodway and floodplain to the maximum extent of
potential channel migration as determined by hydrologic analysis.
F. Preference shall be given to utility systems contained within the footprint of an existing right-of-way
or utility easement over new locations for utility systems. Wherever possible, new above ground
installations shall use available, existing bridge and utility locations and stream corridor
crossings as opposed to creating new locations and stream corridor crossings.
G. Above ground electrical support towers and other similar transmission structures shall be located as
far upland as is practical.
H. Transmission support structures shall be located clear of high flood velocities, located in areas
of minimum flood depth which require the least floodproofing, and shall be adequately
floodproofed.
I. Underground utility transmission lines shall be constructed so they do not alter, intercept or
dewater groundwater patterns that support streams, wetlands and hyporheic flow.
J. All new and replacement water supply systems and wastewater systems within a special flood
hazard area must meet the requirements of YMC 17.09.020 Flood Hazard Areas.
K. Utility transmission lines within the floodway fringe or floodway shall meet the standards of YMC
17.09.020 Flood Hazard Areas
L. 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
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separate Substantial Development Permits for utility service installations, but are subject to all of
the provisions in this section, except those listed below. Utility service to projects outside Shoreline
jurisdiction is subject to normal Shoreline permitting, and is subject to all of the provisions in this
section, except those listed below.
1. Where feasible, utilities shall be placed underground unless such undergrounding would be
economically or technically prohibitive.
2. New utility facilities shall be designed and located to preserve the natural landscape, and
minimize conflicts with present and planned land and shoreline uses, especially recreation,
residential and public access.
3. Expansion, updating, and maintenance of existing facilities is allowed, but shall be designed to
be located to avoid adverse impacts and achieve no net loss of ecological function to shoreline
resources as much as possible.
4. The presence of existing utilities shall not justify more intense development beyond levels
planned in the Comprehensive Plan or zoning.
5. Permit applications shall meet the following submittal review standards:
a. Applications shall submit studies (social, economic, environmental, engineering, etc.) to
demonstrate that a shoreline location is the most feasible of the available options.
b. Applications to locate transmission lines shall submit a location plan that shows existing
utility routes in the vicinity of the proposed transmission line. Failure of utility lines to
follow existing routes, where feasible, shall cause denial of the application.
c. Applications shall include a reclamation plan that provides for re -vegetation and
protection of shoreline areas from erosion and siltation. A re -vegetation or erosion
protection plan shall demonstrate adequate protection of vegetation and avoidance of
soil erosion. If the plan is found insufficient for protection of the shoreline environment,
the Shoreline Administrator may require a third -party review at the applicant's expense.
17.07.170 Redevelopment, Repair, and Maintenance
This section addresses how regulations apply to redevelopment, repair, or maintenance activities;
clarifies how SMP standards proportionally apply to redevelopment activities; and provides a process for
multi-year management plans for maintenance and repair.
A. SMP provisions shall not apply retroactively to existing uses and developments.
B. Legally established uses and developments may be maintained, repaired, and operated within
shoreline jurisdiction and within shoreline and critical area buffers established in this SMP. Normal
maintenance and repair, as specified in YMC 17.01.09013.050, is exempt from a Shoreline
Substantial Development Permit, but not the standards of the SMP.
C. Consistent with the Applicability provisions of YMC 17.01.020, SMP standards shall apply to
expansions or alterations of uses or developments and to new development or redevelopment of a
property as follows:
1. The Shoreline Administrator shall determine the extent of compliance with SMP provisions.
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2. The required provisions shall be related to and in proportion to the proposal. For example, if
an upper story is added to a structure, requirements related to building heights and views
may apply. If vegetation is removed beyond normal maintenance pursuant to YMC 17.05.030,
vegetation conservation and shoreline buffer standards may apply.
D. In order to provide consistent interpretation of SMP exemptions, streamline permitting, determine
applicable SMP standards regarding maintenance or repair activities, apply best management
practices or protocols to ensure no -net -loss of shoreline ecological function, and identify the need
for notification of activities, the City may approve multi-year programmatic shoreline exemptions
consistent with specific exempt activities allowed in YMC 17.13.050 for the following types of uses
and modifications.
1. Dredging
2. Private development and facilities on private lakes
3. Public Parks and Recreation
4. Transportation facilities
5. Utility facilities, including, but not limited to wastewater and water systems
E. Applicants for multi-year maintenance plans shall provide the following information for
consideration by the Shoreline Administrator:
1. Description of proposed maintenance activities and best management practices;
2. Type, methods, and frequency of maintenance or repair activities;
3. Length of requested multi-year maintenance plan. Multi-year maintenance approval should
not exceed five years, except where expressly allowed in this Master Program;
4. Specification of which activities the applicant will regularly notice the City or which do not
require advanced notice;
5. Description of aquatic habitat protection measures and any applicable permits received for
that work;
6. Description of riparian and wetland protection measures and any applicable permits received
for that work;
7. Description of stormwater management practices to reduce both water quantity and water
quality impacts and any applicable permits received for that work;
8. Description of erosion and sediment control practices that prevent off-site movement;
9. Description of re -vegetation or restoration activities following maintenance or repair; and
10. Description of chemical and nutrient use and containment practices such as Integrated Pest
Management (IPM).
11. Description of compliance with use -specific criteria in subsections F to J below.
F. Dredging. Applications for dredging maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.050.
G. Private development and facilities on private lakes.
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1. A multi-year maintenance plan for private development and facilities on private lakes shall be
consistent with covenants, codes, and restrictions of a property owners association, where
such an association exists.
2. The applicable use or modification performance standards of Chapter 17.07 shall be
demonstrated to be met by applications for multi-year maintenance plans.
H. Public Parks and Recreation.
1. A multi-year maintenance plan for public parks and recreation facilities shall describe
management objective or desired outcome for shoreline habitat and water quality topics
stated in application criteria E.3 to E.9 above, specific performance requirements for each
standard, and corrective actions that would be implemented if the performance
requirement(s) is not met.
2. Applications for parks and recreation maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.100.
I. Transportation facilities.
Applications for transportation maintenance plans shall demonstrate compliance with regulations in
YMC 17.07.150.
J. Utility facilities. Applications for utility maintenance plans shall demonstrate compliance with
regulations in YMC 17.07.160.
K. City authorization of multi-year programmatic maintenance plans.
1. The City may approve multi-year programmatic maintenance plans that solely contain exempt
activities consistent with the interpretation process of YMC 17.13.020, when consistent with
the following criteria:
a. The policies and procedures of the SMA;
b. The provisions of WAC 173-27;
c. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
d. This Title 17.
2. The City may approve multi-year programmatic maintenance plans that include a combination
of exempt and non-exempt activities. The permit process shall follow the permit process
consistent with non-exempt activities pursuant to YMC 17.03.070, Shoreline Use and
Modification Matrix. The criteria for approval shall follow the applicable criteria for the permit
type in Chapter 17.13, e.g. Shoreline Substantial Development Permit or Shoreline Conditional
Use Permit.
3. The City may attach conditions to the approval of multi-year maintenance plans as necessary
to assure consistency of the project with the Act and this SMP. Additionally, nothing shall
interfere with the City's ability to require compliance with all other applicable laws and plans.
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CHAPTER 17.09 CRITICAL AREAS IN SHORELINE JURISDICTION
17.09.010 General Provisions
A. Purpose of Chapter. The purpose of YMC Chapter 17.09 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. Yakima Municipal Code Chapter 17.09 establishes policies, standards, and other
provisions pertaining to development within designated critical areas regulated under the provisions
of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood
Insurance Program. Wetlands, streams, stream corridors and rivers, areas with a critical recharging
effect on aquifers used for potable water, fish and wildlife habitat conservation areas; frequently
flooded areas; and geologically hazardous areas 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 Urban Area Comprehensive Plan;
7. Implement the goals and requirements of the Washington Growth Management Act (RCW
36.70A), the Shoreline Management Act (RCW 90.58), 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.
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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 and upon any land within shoreline jurisdiction that is mapped and designated as a
special flood hazard area under the National Flood Insurance Program. However, this Chapter does
not apply to the situations below, except that the Flood Hazard protection provisions of YMC
17.09.020 will continue to apply as determined by YMC 17.09.020.A -G:
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 non -conforming uses.
2. It is the intent of this Chapter to permit these pre-existing legally non -conforming 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, is 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, over steepened slope hazard areas,
landslide hazard areas and suspected geologic hazard areas. Other critical areas
provisions continue to apply.
E. Critical Area 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 YMC 17.09.010. H 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 WAC 173-27.
5. Coordination with Other Jurisdictions.
1. 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
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development permit or authorization. The decision of the Shoreline Administrator shall
be based upon the following criteria:
a. The nature and scope of the project and the critical area features involved or
potentially impacted;
b. The purpose or objective of the permit or authorization and its relationship to
protection of the critical area;
c. The feasibility of coordinating the critical area development authorization with
other permitting agency;
d. The timing of the permit or authorization.
2. 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 area 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 area development authorization
shall be coordinated to coincide with other permits and authorizations.
INQUIRY AND EARLY ASSISTANCE
F. Critical Area Identification Form and Critical Area 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 Area Identification Form and site plan, the Shoreline Administrator
or designee may conduct a site examination to review critical area 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 area report shall be submitted in conformance with YMC 17.09.010.P
and YMC 17.09.010.Q 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 area 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:
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1. 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. Pre -application Conference. Any new development or use falling under the provisions of this
Chapter may be subject to a pre -application conference. Prior to the pre -application conference,
the project proponent must submit a Critical Area Identification From and preliminary site plan.
1. A project review for flood hazards shall follow the pre -application requirements established to
administer Part Four Flood Hazard Areas.
2. The pre -application conference is intended to allow the Shoreline Administrator or designee
to:
a. Establish the scope of the project and identify potential concerns that may arise;
b. Identify permits, exemptions, and authorizations, which the project proponent may
need to obtain;
c. 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;
d. Provide the proponent with resources and technical assistance (such as maps, scientific
information, other source materials, etc.); and,
e. 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 non-invasive 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, re -roofing, etc.
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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 (2) 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 17.09.030.0 and YMC
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; and
3. When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated
for as specified in YMC 17.05.0240.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 (March 2006 or as
updated).
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,
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c. Excavation, fill, drainage facilities, impervious surfaces, topography, slope; and,
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 YMC 17.09.010.P and YMC 17.09.010.0.
3. To be complete, a critical area development authorization application must include all maps,
drawings and other information or data specified by this Chapter or requested on the basis of
the pre -application conference (YMC 17.09.010.G).
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 YMC Chapter 17.13.
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. Except: Permits or reviews under YMC 17.09.020 shall follow the
development regulations and procedures of YMC 17.09.020.
1. Development authorizations shall be processed in accordance with Statutory Noticing
Requirements in YMC 17.13.030 and with specific requirements provided in YMC Chapter
17.13, 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 YMC 17.09.010.R and with YMC 17.09.030-060.
4. Decisions on a development authorization shall be consistent with YMC 17.09.010.M, YMC
17.09.010.N, and with any specific decision criteria provided under the section for each
relevant permit type, as provided in YMC Chapter 17.13 and YMC 17.09.010.R.
M. Authorization Decisions — Basis for Action.
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1. In addition to meeting the Shoreline permit -specific criteria in YMC Chapter 17.13, 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. Compliance with flood hazard mitigation requirements of YMC 17.09.020;
f. 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 (1) of the
following actions:
a. Grant the development authorization;
b. Grant the development authorization with conditions, as provided in YMC 17.09.010.N,
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.
0. Fees and Charges. The Yakima City Council shall establish the schedule of fees and charges listed in
YMC Chapter 15.26 (City of Yakima Fee Schedule), 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 area report shall:
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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 YMC 17.09.010.Q).
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 (5) 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 area
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 area delineations / maps shall be provided to the City by means of a GPS
projected coordinate system data setas 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 identity the type and characteristics of the hazard;
c. An analysis of potential adverse impacts and how they will be mitigated or avoided.
Geological 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
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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 area 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 area
report as appropriate.
13. Compensatory Mitigation Plans - When compensatory mitigation, as described in YMC
17.09.010.1, are proposed for wetland areas or stream channels, the applicant shall submit a
mitigation plan as part of the critical area 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 area report proposed; and,
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,
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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:
1. 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 (5) years;
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 YMC 17.09.010.R.1.
g.
14. Innovative Mitigation.
a. Advanced mitigation or mitigation banking are examples of alternative mitigation
projects allowed under the provisions of this section. One (1) 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
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Q.
76
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.
Supplemental Report Requirements for Specific Critical Areas
1. Stream Corridors: When a critical areas report is required for a stream corridor or
hydrologically related critical 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; and,
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.
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 March
2007 (Ecology Publication #04-06-15, or as revised);
b. All delineated wetlands and required buffers within two hundred (200) 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;
iv. Wetland category, including vegetative, faunal, and hydrologic characteristics; and,
d. For projects that will affect the wetland or buffer, provide the following:
1. 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
17.09.040.D.1 and YMC 17.09.030.E; and,
ii. Mitigation sequencing, pursuant to YMC 17.05.0210.D to avoid, minimize, and
mitigate impacts shall result in "not net loss" of acreage or functional values of
wetlands and shall follow the guidance provided in YMC 17.09.040.E.
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
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 the YMC Title 11 (Building Code);
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 up-slope and/or the impacts of landslide run -out on down-slope
properties and critical areas.
4. Flood Hazards. Prior to authorization of any construction within a floodplain, which can be
anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the
base flood, an engineering report shall be prepared by a licensed engineer in the State of
Washington that establishes any new flood elevations that would result for the one -hundred -
year flood frequency if the project were implemented.
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 and twenty-five percent
(125%) of the estimated cost of the uncompleted actions and/or the estimated cost of
restoring the functions and values of the critical area that are at risk.
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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 (5) years after completion of the work to ensure that the required mitigation has
been fully implemented and demonstrated to function.
If public funds have previously been committed for mitigation, maintenance,
monitoring, or restoration, a financial guarantee will not be required.
Failure to satisfy critical area 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.
f.
g.
1. 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 (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 (Title 14) and Zoning
Ordinances (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, Over -steepened 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, useable building
envelopes (5,000 square feet or more for residential uses) shall be provided on
the plat that lies outside said critical areas.
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iii. New lots partially within the floodplain shall provide a usable building envelope
(5,000 square feet or more for residential uses) outside the floodplain;
iv. New lots entirely within the floodplain shall be at least one (1) 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 a Geologically Hazardous Areas (excluding
Erosion, Over Steepened 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.
17.09.020 Flood Hazard Areas
GENERAL PROVISIONS
A. Flood Hazard Areas Established. The special flood hazard areas identified by the Federal Emergency
Management Agency (FEMA), accompanying Flood Insurance Rate Maps (FIRMs), Flood Boundary,
and Floodway Maps, and any amendments thereto made by the Federal Emergency Management
Agency, which, are adopted by reference and declared to be part of YMC 17.09.020 and are
established as flood hazard areas. The Flood Insurance Study and maps are on file with the City of
Yakima, Washington.
B. Principles. YMC 17.09.020 recognizes the right and need of the river channel to periodically carry
more than the normal flow of water and establishes regulations to minimize loss of life and
property, restrict uses, and regulate structures consistent with the degree of flood hazard. In
advancing the above principals, the intent of YMC 17.09.020 is to:
1. Alert the county assessor, appraisers, owners, potential buyers and lessees to the natural
limitations of flood -prone land;
2. Meet the minimum requirements of the National Flood Insurance program; and,
3. Implement state and federal flood protection programs.
C. Applicability. The guidelines and regulations set forth herein, YMC Title 11, and related Building
Codes shall apply to all special flood hazard areas.
1. The provisions of YMC 17.09.020 of this Chapter shall apply to any development proposed in a
special flood hazard area;
2. Flood hazard permits shall be approved by the City of Yakima. Approval shall only be granted
in accordance with YMC 17.09.020 of this Chapter and other applicable local, state, and
federal regulations;
3. Topographic, engineering and construction information necessary to evaluate the proposed
project shall be submitted to the department for approval; and,
4. The granting of a permit for any development or use does not constitute a representation,
guarantee or warranty of any kind or nature by the City of Yakima, or its employees, of the
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practicality or safety of any structure or proposed use, and shall not create liability upon or
cause action against the above mentioned body, or employee, for any damage that may
result.
D. Documented Exemptions. The following uses and activities are exempt from the provisions of YMC
17.09.020, but are not exempt from this SMP (Title 17) or related shoreline permit requirements in
Chapter 17.13:
1. Any alteration of building, site, structure, district, or object listed in, or determined to be
eligible for listing in, the National Register of Historic Places, the Washington Heritage
Register, the Yakima Register of Historic Places, or included in a state inventory of historic
properties;
2. The installation and maintenance of aboveground utility transmission lines and poles; and,
3. Private driveways, fences and other accessory activities and/or uses necessary for agricultural
uses which the administrative official determines will not unduly decrease flood storage or
capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried
by floodwaters, and will resist flotation and collapse.
E. Interpretations
1. In the interpretation and application of YMC 17.09.020 of this Chapter, the provisions shall be
considered as minimum requirements; and shall be strictly construed in favor of the policies
and standards herein; and deemed neither to limit nor repeal any other powers granted under
state statute. Its provisions shall be applied in addition to and as a supplement to provisions of
the Yakima Municipal Code Title 11, Buildings; Title 12, Development Standards; Title 14,
Subdivisions; and, Title 15, Urban Area Zoning Ordinance. YMC 17.09.020.A - 17.09.020.AG
are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. Where these ordinances and other ordinances conflict or overlap, the standard
imposing the more stringent requirement shall prevail.
2. In an interpretation as to an exact location of the boundaries of the special flood hazard areas
(i.e., conflict between a mapped boundary and actual field conditions), the person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation. Such appeals shall be granted consistent with the standards of the National
Flood Insurance Program § 60.6 (See 44 CFR 59, et seq. and IBC 104.1).
F. Compliance. No structure or land shall hereafter be used, constructed, located, extended,
converted, or altered without full compliance with the terms of YMC 17.09.020 of this Chapter and
other applicable regulations.
G. Warning and Disclaimer of Liability. The degree of flood protection required by YMC 17.09.020 of
this Chapter is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. YMC 17.09.020 does not imply that land outside the area
of special flood hazards or permitted uses within such area will not be subject to flooding or flood
damage.
PROTECTION STANDARDS
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H. General Standards. The following regulations shall apply in all special flood hazard areas pursuant to
the IBC, ASCE-24, and Hud 24 CFR Part 3280:
1. Anchoring and Construction Techniques.
a. All new construction and substantial improvements shall be:
i. Anchored to prevent flotation, collapse or lateral movement of the structure; and
ii. Constructed using materials and utility equipment resistant to flood damage; and
iii. Constructed using methods and practices that minimize flood damage; and
iv. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as
to prevent water from entering or accumulating within the components during
conditions of flooding.
b. All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over -the -
top or frame ties to ground anchors (Reference FEMA's Manufactured Home Installation
in Flood Hazard Areas guidebook for additional techniques). Anchoring shall meet the
specifications set forth below for structures located within one hundred (100) feet of a
floodway or the ordinary high water mark if no floodway has been established.
c. All new construction and any improvements or additions to existing floodproofed
structures that would extend beyond the existing floodproofing located within one
hundred (100) feet of the floodway or one hundred (100) feet of the ordinary high water
mark if no floodway has been established, shall be elevated to a height equal to or
greater than the base flood, using zero -rise methods such as piers, posts, columns, or
other methodology, unless it can be demonstrated that non -zero -rise construction
methods will not impede the movement of floodwater or displace a significant volume
of water. The size and spacing of any support devices used to achieve elevation shall be
designed to penetrate bearing soil, and be sufficiently anchored, as specified above in
subsection 1.a of this section.
d. Except where otherwise authorized, all new construction and substantial improvements
to existing structures shall require certification by a registered professional engineer,
architect or surveyor that the design and construction standards are in accordance with
adopted floodproofing techniques.
2. Utilities. All new and replacement water supply systems and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters; and on-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
3. Subdivision Proposals. Subdivision proposals shall:
a. Be consistent with the need to minimize flood damage;
b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage;
c. Have adequate drainage provided to reduce exposure to flood damage;
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d. Include base flood elevation data; and,
e. In the cases where base flood elevation is not available and the subdivision is greater
than 5 acres or 50 lots, a step -back water analysis shall be require to generate the base
flood elevation data.
4. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of
any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a
watercourse in riverine situations, the department shall notify adjacent communities, the
Department of Ecology and FEMA of the proposed development.
I. Specific Standards. In all special flood hazard areas where base elevation data has been provided as
set forth in YMC 17.09.020.A, the following regulations shall apply, in addition to the General
Standards of YMC 17.09.020.H:
1. Residential Construction. (See IRC 323.2)
a. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated at a minimum to or above the base flood
elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or must meet
or exceed the following minimum criteria:
1. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one (1) foot above grade; and,
iii. Openings may be equipped with screens, louvers, or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
c. Residential construction within one hundred (100) feet of a floodway, or the ordinary
high water mark if no floodway has been established, shall also meet the requirements
of YMC 17.09.020.H.1.c.
2. Nonresidential Construction (44 CFR 60.3(C)(3) & (4)). New construction and substantial
improvement of any commercial, industrial or other nonresidential structure shall either have
the lowest floor, including basement, elevated one foot or more above the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans; and,
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d. Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in YMC 17.09.020.I.1.b.
3. Manufactured Homes. Manufactured homes shall be anchored in accordance with YMC
17.09.020.H.1.b, shall have the lowest floor elevated to or above the base flood elevation, and
shall be securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement in accordance with YMC 17.09.020.H.1.b.
4. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to
the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or,
c. Meet the anchoring requirements of YMC 17.09.020.H.1.b.
FLOODWAY FRINGE USES
J. Permitted Uses. The following uses are permitted in the floodway fringe areas:
1. Permitted Uses. Any use permitted in the zoning district in accordance with YMC Title 15 and
in the environment designation in accordance with YMC Title 17 (this Shoreline Master
Program), unless prohibited by YMC 17.09.020.K.
2. Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with
YMC Title 15 and where not otherwise inconsistent with YMC 17.09.020; except that when the
primary purpose of such a transmission line is to transfer bulk products or energy through a
floodway fringe or special flood hazard area, such transmission line shall conform to the
following:
a. Electric transmission lines shall cross floodway fringe and special flood hazard areas by
the most direct route feasible. When support towers must be located within floodway
fringe or special flood hazard areas, they shall be placed to avoid high floodwater
velocity and/or depth areas, and shall be adequately floodproofed.
b. Buried utility transmission lines transporting hazardous materials, including but not
limited to crude and refined petroleum products and natural gas, shall be buried a
minimum of four (4) feet. Such burial depth shall be maintained within the floodway
fringe or special flood hazard area to the maximum extent of potential channel
migration as determined by hydrologic analyses. All such hydrologic analyses shall
conform to requirements of YMC 17.05.060.C.3.c.
c. Beyond the maximum extent of potential channel migration, utility transmission lines
transporting hazardous and non -hazardous materials shall be buried below existing
natural and artificial drainage features.
d. Aboveground utility transmission lines, not including electric transmission lines, shall
only be allowed for the transportation of non -hazardous materials. In such cases,
applicants must demonstrate that line placement will have no appreciable effect upon
flood depth, velocity or passage. Such lines shall be adequately protected from flood
damage.
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e. Aboveground utility transmission line appurtenant structures, including valves, pumping
stations or other control facilities, shall not be permitted in floodway fringe or special
flood hazard areas except where no other alternative is available, or in the event a
floodway fringe or special flood hazard location is environmentally preferable. This does
not apply to domestic water and regional wastewater transmission pipes. In such
instances, aboveground structures shall be located so that no appreciable effect upon
flood depth, velocity or passage is created, and shall be adequately floodproofed.
K. Prohibited Uses. New manufactured home parks and the expansion of manufactured home/parks
are prohibited in floodway fringe areas.
FLOODWAY USES
L. Permitted Uses. Permitted uses include any use permitted in the zoning district in accordance with
YMC Title 15 and in the environment designation in accordance with YMC Title 17 (this Shoreline
Master Program), provided that said use is in compliance with the flood hazard protection standards
of YMC 17.09.020.H, 17.09.020.1, 17.05.050 and other applicable provisions of this Title, and will
have a negligible effect upon the floodway as certified by a registered professional engineer through
hydrologic and hydraulic analysis performed in accordance with standard engineering practice. The
analysis must demonstrate that the effect of the subject encroachment together with the
cumulative effects of all similar potential encroachments shall not:
1. materially cause water to be diverted from the established floodway,
2. cause erosion,
3. obstruct the natural flow of water,
4. reduce the carrying capacity of the floodway, or
5. result in any increase in flood levels during the occurrence of the base flood discharge.
M. Prohibited Uses. The following uses/developments are prohibited in the floodway:
1. Any structure, including manufactured homes, designed for or to be used for human
habitation of a permanent nature (including temporary dwellings authorized by YMC
15.04.130 and 15.04.140);
2. Any encroachments, including fill, new construction and other development demonstrated by
a registered professional engineer through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the effect of the subject encroachment
together with the cumulative effects of all similar potential encroachments shall materially
cause water to be diverted from the established floodway, cause erosion, obstruct the natural
flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood
levels during the occurrence of the base flood discharge;
3. Aboveground utility transmission line appurtenant structures, including valves, pumping
stations, or other control facilities, shall not be permitted in the floodway, except for domestic
water and regional wastewater facilities where necessary;
4. Where a floodway has not been determined by preliminary Corps of Engineers' investigations
or official designation, a floodway shall be defined by qualified engineering work by the
applicant on the basis of a verified one -hundred (100) year flood event;
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5. Construction or reconstruction of residential structures within designated floodways, except
as allowed under YMC Chapter 17.11;
6. The construction or storage of any object subject to flotation or movement during flood level
periods;
7. The following uses, due to their high degree of incompatibility with the purpose of
establishing and maintaining a functional floodway, are specifically prohibited:
a. The filling of wetlands, except as authorized under YMC 17.09.030, Fish and Wildlife
Habitat and the Stream Corridor and YMC 17.09.040, Wetlands;
b. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials;
and,
c. Damming or relocation of any watercourse that will result in any downstream increase
in flood levels during the occurrence of the base flood discharge (See YMC 17.09.030.J).
8. The listing of prohibited uses in this section shall not be construed to alter the general rule of
statutory construction that any use not permitted is prohibited.
N. Non -Conforming Uses and Structures. Existing structures and uses within the special flood hazard
areas established by YMC 17.09.020 or amendments thereto, which were lawful before these
sections were adopted or amended, but which would be prohibited, or restricted under the terms of
YMC 17.09.020 of this Chapter or future amendment, are governed under YMC Chapter 17.11.
FLOOD HAZARD PROTECTION ADMINISTRATION
0. Administration. The building official is vested with the duty of administering the rules and
regulations relating to flood hazard protection in accordance with the provisions of YMC 17.09.020
and may prepare and require the use of such forms as are essential to such administration.
P. Authority. Upon application, the building official shall have the authority to grant a flood hazard
permit when compliance with the applicable conditions as set forth in YMC 17.09.020 of this
Chapter and in other applicable local, state and federal regulations has been demonstrated and the
proposal is found to be consistent with the purpose of the policies of the Critical Areas Ordinance.
Permit — Required. Prior to any development within a special flood hazard area, a flood hazard
permit shall be obtained. This permit may be in addition to the critical area development
authorization as set forth in YMC 17.09.010, and any applicable shoreline permit as set forth in
Chapter 17.13 of this Title.
R. Permit — Application. All persons applying for a flood hazard permit shall submit a written
application, accompanied by an application fee as specified in Title 11, using the forms supplied. The
application shall not be considered complete until the following minimum information is provided as
identified below and in YMC 15.11.050:
Q.
1. Name, address and telephone number of applicant and property owner if different;
2. Project description and taxation parcel identification number;
3. Name of the stream or body of water associated with the floodplain in which the
development is proposed; and,
4. Site plan map drawn to an engineering scale showing:
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a. Actual dimensions and shape of the parcel to be built on;
b. Sizes and location of existing structures on the parcel;
c. Location and dimensions of the proposed development, structure or alteration;
d. Location, volume and type of any proposed fill; and,
e. The application shall include other information as may be required by the Shoreline
Administrator to clarify the application for the enforcement of YMC 17.09.020;
S. Permit— Review. Flood hazard permit applications will be reviewed to determine:
1. The elevation and floodproofing requirements of YMC 17.09.020 of this Chapter;
2. The proposed development's location in relation to the floodway and any encroachments
(YMC 17.09.020.M.2);
3. Alteration or relocation of a watercourse (YMC 17.09.020. H.4:6);
4. That the proposed development is a permitted use under YMC 17.09.020 of this Chapter and
YMC Title 15; and,
5. That all necessary permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
T. Use of Available Data. When base flood elevation data has not been provided in accordance with
YMC 17.09.020.A, Flood hazard areas established, the City shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal, state or other source, in
order to administer YMC 17.09.020.1, YMC 17.09.020.M, and YMC 17.13.150.
U. Limitations. Permits issued on the basis of plans and applications approved by the Shoreline
Administrator authorize only the use, arrangement and construction set forth in such approved
plans and applications, and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized is a violation of YMC 17.09.020 and punishable as
provided by YMC 17.13.150.
V. Permit — Expiration & Cancellation. If the work described in any permit has not begun within one
hundred eighty (180) days from the date of issuance thereof, the permit shall expire and be
canceled by the building official.
W. Performance Bonds
1. The City may require bonds in such form and amounts as may be deemed necessary to assure
that the work shall be completed in accordance with approvals under YMC 17.09.020. Bonds,
if required, shall be furnished by the property owner, or other person or agent in control of
the property.
2. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the
City in an amount equal to that which would be required in the surety bond.
X. Appeals. The decision to grant, grant with conditions, or deny a flood hazard permit shall be final
and conclusive unless the applicant appeals the decision pursuant to the procedure established for
appeals in YMC 17.13.120.
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Y. Coordination. Upon application, the building official shall have the authority to grant a flood hazard
permit when compliance with the applicable conditions as set forth in YMC 17.09.020 of this
Chapter and in other applicable local, state and federal regulations has been demonstrated and the
proposal is found to be consistent with the purpose of this Chapter.
ELEVATION AND FLOODPROOFING CERTIFICATION
Z. Applicability. Certification for elevation or floodproofing shall be required only for the new
construction or substantial improvement of any residential, commercial, industrial, or nonresidential
structure located in a special flood hazard area.
AA. Certification Form. The form of the elevation and floodproofing certificate shall be specified by the
administrative official and shall be generally consistent with that required by FEMA for the
administration of the National Flood Insurance Program.
AB. Information to Be Obtained and Maintained. The elevation and floodproofing certificate shall verify
the following flood hazard protection information:
1. The actual elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, and whether or not the structure contains a
basement;
2. The actual elevation in relation in mean sea level of flood proofing of all new or substantially
improved non-residential flood proofed structures; and,
3. Where a base flood elevation has not been established according to YMC 17.09.020.A, or
where elevation data is not available either through the Flood Insurance Study, FIRM, or from
another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical data, high water marks, photographs of past
flooding, etc., where available.
AC. Certification Responsibility. The project proponent shall be responsible for providing required
certification data to the administrative official prior to the applicable construction inspection
specified in the certification form. All elevation and floodproofing data specified in YMC
17.09.020.AB must be obtained and certified by a registered professional engineer, architect, or
surveyor. The elevation and floodproofing certification shall be permanently maintained by the
administrative official.
FLOOD HAZARD VARIANCES
AD. Procedure. Any person seeking a variance from the requirements of YMC 17.09.020 authorized
under YMC 17.09.020.AE shall make such request consistent with the procedures established in YMC
Chapter 17.13.
AE. Variance Limitations
1. Variances shall be limited solely to the consideration of:
a. Elevation requirements for lowest floor construction;
b. Elevation requirements for floodproofing; and,
c. The type and extent of floodproofing.
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2. Variances shall not be considered for any procedural or informational requirements or use
prohibitions of YMC 17.09.020.
AF. Conditions for Authorization. In addition to demonstrating consistency with the Shoreline Variance
criteria in YMC 17.13.080, the applicant for a variance to the provisions of YMC 17.09.020 shall show
that:
1. There are special circumstances applicable to the subject property or to the intended use,
such as size, topography, location or surroundings, that do not apply generally to other
property in the same vicinity and zone;
2. The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is located;
3. Such a variance is the minimum necessary, considering the flood hazard, to afford relief;
4. Failure to grant the variance would result in exceptional hardship to the applicant; and,
5. The granting of such a variance will not result in:
a. Increased flood heights;
b. Additional threats to public safety;
c. Creation of nuisances;
d. Extraordinary public expense; or,
e. Conflicts with other existing local laws or ordinances.
AG. Federal Flood Hazard Map Correction Procedures. The procedures for federal flood hazard map
correction, as provided in federal regulations 44 CFR 70 of the National Insurance Program are
hereby adopted by reference.
17.09.030 Fish and Wildlife Habitat and the Stream Corridor System
A. Purpose and intent. The stream corridor system includes hydrologically related critical areas,
streams, lakes, ponds, and wetlands and is part of a fragile and highly complex relationship of
geology, soils, water, vegetation, and wildlife. Policies and standards to help conserve and protect
are designed to accomplish the following:
1. Meet the requirements of the Shoreline Management Act (RCW 90.58) regarding the use of
the most current, accurate, and complete scientific and technical information available that is
applicable to the issues of concern;
2. Follow the requirements pursuant to flood -resistant construction in the adopted building
code;
3. Provide a zero net loss of natural wetland functions and values;
4. Provide possible alternatives for necessary development, construction, and uses within a
designated stream corridor and other hydrologically related critical areas;
5. Prevent decline in the quantity and quality of surface and subsurface waters;
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6. Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological
relationships;
7. Protect sensitive areas of the stream corridor from the potential negative effects of
development;
8. Provide protection of natural wetland functions and values through voluntary agreements or
government incentives; and
9. Recognize wildlife area conservation habitats within their natural geographic location through
coordinated land use planning.
B. Protection approach.
1. To maintain fish and wildlife habitat, there must be adequate environmental conditions for
reproduction, foraging, resting, cover, and dispersal of animals. Factors affecting both habitat
and its quality include the presence of essential resources such as food, water, nest building
materials, and lack of diseases. The City of Yakima protects fish and wildlife habitat through:
a. Protection of habitat for aquatic species, and
b. Protection of habitat for species located near the water.
2. The City of Yakima's approach to protecting threatened, endangered, and sensitive species
habitat is by using the protection approach sections of this chapter.
DESIGNATION AND MAPPING
C. Hydrologically related critical area features. Stream corridors and other hydrologically related
critical areas include one or more of the following features:
1. Any floodway or floodplain identified as a special flood hazard area identified by the Federal
Emergency Management Agency (FEMA), as identified in the flood insurance study or
corresponding maps, is hereby adopted by reference and declared to be part of this chapter;
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 associated submerged aquatic beds; and
manmade lakes and ponds created within a stream channel;
4. All wetlands as defined in YMC 17.01.090;
5. Any flood -prone area indicated by U.S. Soil Conservation Service soil survey data; and
6. A buffer area for a stream channel, lake, or pond or from the edge of a wetland.
D. Habitat and habitats of local importance.
1. Habitats of local importance are habitats or species that due to their declining population,
sensitivity to habitat manipulation or other values make them important on a local level.
Habitats of local importance may include a seasonal range or habitat element with which a
given species has a primary association, and which, if altered, may reduce the likelihood that
the species will maintain and reproduce over the long term.
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
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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;
c) Species of recreational, commercial, and/or tribal importance that are
vulnerable; and
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, as designated in
subsection 1 of this section, shall meet the standards below, rather than the development
standards in YMC 17.09.0330.1 through -P, unless review is also needed for a hydrologically
related critical area. Projects shall be designated 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.
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1. Streams, lakes, ponds and wetlands require a sufficient riparian area to support one or more
of the following functional properties:
a. Stream bank and shore stabilization;
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. Surface erosion prevention;
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
1. 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
d. 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.
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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. Streams, lakes and ponds 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 YMC
17.09.030.0 as follows:
1. Type 1 streams are those waters, within their ordinary high water mark (OHWM), meeting the
criteria as "shorelines of the state" and "shorelines of statewide significance" under RCW
Chapter 90.58;
2. Type 2 streams are those surface water features which require protection due to the nature of
their contributions to the functional properties listed in YMC 17.09.030.E and are considered
"streams, lakes and/or ponds of local importance," as listed in Appendix B of this title;
3. Type 3 streams include all perennial streams within the City of Yakima not classified as Type 1
or 2. (See YMC 17.01.090, "perennial stream");
4. Type 4 streams are all intermittent streams within the City of Yakima not classified as Type 1,
2 or 3. (See YMC 17.01.090, "intermittent stream");
5. Type 5 streams are all ephemeral streams within the City of Yakima not classified as Type 1, 2,
3 or 4. Type 5 streams are not regulated as streams. (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 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 a
Type 1, 2, 3, or 4 stream shall be Type 3 ponds.
c. Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream
shall be Type 2 ponds.
G. Wetland rating system.
1. Wetlands within the City of Yakima are defined in YMC 17.01.090 and are shown on the data
maps referenced in YMC 17.09.030.H.
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2. For regulatory purposes, wetlands are classified into four categories according to the wetland
rating system found in YMC 17.09.040. D.2.
H. Maps. Certain fish and wildlife habitat and hydrologically related critical 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 non -regulatory 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
I. 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. 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;
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7. Automobile wrecking yards;
8. Fill for the sole purpose of increasing land area within the stream corridor;
9. Uses located within the floodway fringe that are listed in YMC 17.09.020.K; and
10. Uses located within the floodway that are listed in YMC 17.09.020.M.
J. 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, 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 within the stream corridor shall only be disturbed to the minimum extent possible;
3. Nesting areas and other sensitive 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. 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 stream corridor 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 stream
corridor, 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 stream corridor;
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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 stream corridor 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 stream corridor 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;
15. Projects located within the floodway must meet the requirements of YMC 17.09.020.L; and
16. 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 YMC 17.09.030.Q.
WATER DEPENDENCY DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS
K. Use classifications. For purposes of this section, the components of any development, construction,
or use requiring a critical area development authorization shall be classified as provided below, and
shall conform to the development standards applicable to the classification provided in YMC
17.090.0301-0:
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 1 of this section.
L. 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 YMC 17.09.030.P.
3. Use areas and structures requiring direct shore locations shall minimize any obstruction or
impairment of normal public navigation of the surface water.
M. Water -related uses. The following provisions shall apply to water -related uses:
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CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
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 YMC
17.09.030. P except where existing development or the requirements associated with the use
make such a location unavoidable.
N. Water -enjoyment uses. The following provisions shall apply to water -enjoyment 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 may be located within the vegetative buffer specified in YMC
17.09.030.P provided that the location and construction shall be conducted to minimize
impacts to the shore area and the vegetative buffer.
0. 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 YMC 17.09.030.P.
2. Construction abutting the vegetative buffer specified in YMC 17.09.030.P shall be designed
and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.
P. Vegetative buffers. The establishment of a vegetative buffer system is necessary to protect the
functions and values of certain hydrologically related critical areas. Standard and minimum buffers
for streams, lakes, and ponds are listed in 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 stream 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.
Stream Type
Buffer Width
Type 1 shoreline streams
and lakes
High Intensity:
Streams: 75'
Lakes: 50'
Essential Public Facilities: 100'
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Stream Type
Buffer Width
Floodway/CMZ: 100'
Shoreline Residential:
Streams: 80'
Lakes: 20'
Urban Conservancy: 100'
Type 2 streams, lakes,
and ponds
75'
Type 3 streams
(perennial), lakes, and
ponds
50'
Type 4 streams
(intermittent), lakes, and
ponds
25'
Type 5 streams
(ephemeral)
No buffer standards. Type 5 streams are not regulated as streams, 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 area 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 waterbody; and
b provides insignificant biological, geological or hydrological buffer functions relating to
the waterward portion of the buffer adjacent to the shoreline waterbody.
If the improved roadway corridor is wider than 20 feet, a study is not required.
4. Buffer averaging to improve stream 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 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.
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d. The buffer at its narrowest point is never less than % 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 3/4 of the required width.
6. All other proposals to reduce a stream buffer may only be approved through the Shoreline
Variance process.
Q. 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;
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. Reclamation 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 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. For the replacement or enhancement of vegetation within wetlands and required vegetative
buffers naturally occurring, native plant species shall be used; and
8. In other parts of the stream, naturally occurring, 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 non-native and high -
maintenance species.
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
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1. Consistent with WAC 173-22-035, wetlands in shoreline jurisdiction 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 YMC Chapter 17.09, except the
following:
a. Irrigation systems that create an 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 Hydrologically
Related Critical 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 includes 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 provide in the Washington State Wetland Rating
System for Eastern Washington, revised March 2007 (Ecology Publication #04-06-15, or as
revised) which are summarized below:
a. Category I wetlands are more sensitive to disturbance than most wetlands, relatively
undisturbed, and contain ecological attributes that are difficult to replace. Generally,
these wetlands are not common and make up a very small percentage of the wetlands
within the City of Yakima. The following types of wetlands are classified as Category I:
i. Wetlands scoring 70 points or more (out of 100) in the Washington State Wetland
Rating System for Eastern Washington (WRSEW),
ii. Alkali wetlands,
iii. Natural heritage wetlands (wetlands identified by Washington Department of
Natural Resources Natural Heritage Program scientists), and
iv. Bogs.
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b. Category II wetlands are difficult but not impossible to replace and provide high levels of
some functions. Category II wetlands include:
1. Wetlands scoring between 51-69 points (out of 100) in the WRSEW,
ii. Unassociated vernal pools, and
iii. Forested wetlands.
c. Category III wetlands are often smaller, less diverse, and/or more isolated from other
natural resources. Category III wetlands include:
i. Wetlands with a moderate level of functions (scoring between 30 -50 points) in the
WRSEW, and
ii. Associated vernal pools.
d. Category IV wetlands have the lowest levels of functions, scoring less than 30 points in
the WRSEW. Category IV wetlands are often heavily disturbed and are wetlands that
should be able to be replaced.
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 WRSEW rating sheet to
complete the rating.
E. Wetland Buffers.
1. Vegetative buffers shall be measured from the edge of the wetland. The width of the buffer
shall be determined according to the wetland type. The standard buffer widths are provided
in Table 09.040-1 below.
2. The use of the standard buffer widths requires the implementation of the measures in Table
09.040-2, where applicable, to minimize the impacts of the adjacent land uses.
3. If an applicant chooses not to apply the mitigation measures in Table 09.040-2, then a 33%
increase in the width of all buffers is required. For example, a 75 -foot buffer with the
mitigation measures would be a 100 -foot buffer.
4. 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.
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Table 09.040-1. Standard Wetland Buffers
OCTOBER 16, 2014
Wetland
Category
Standard Buffer
Width
Additional buffer
width if wetland
scores 21-25
habitat points
Additional buffer
width if wetland
scores 26-29
habitat points
Additional buffer
width if wetland
scores 30-36
habitat points
Category!:
Based on total
score
75 ft
Add 15 ft
Add 45 ft
Add 75 ft
Category l:
Forested
75 ft
Add 15 ft
Add 45 ft
Add 75 ft
Category!:
Bogs
190 ft
NA
NA
NA
Category I:
Alkali
150 ft
N/A
NA
NA
Category!:
Natural Heritage
Wetlands
190 ft
N/A
NA
NA
Category II:
Based on total
score
75 ft
Add 15 ft
Add 45 ft
Add 75ft
Category II:
Vernal pool
150
NA
NA
NA
Category II:
Forested
75 ft
Add 15 ft
Add 45 ft
Add 75ft
Category III (all)
60 ft
Add 30 ft
Add 60 ft
NA
Category IV (all)
40 ft
NA
NA
NA
Table 09.040-2. Required measures to minimize impacts to wetlands
(Measures are required, where applicable to a specific proposal)
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 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' heavily
vegetated buffer strip immediately adjacent to the outer wetland buffer
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Disturbance
Required Measures to Minimize Impacts
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is
not dewatered
• Establish covenants limiting use of pesticides within 150 ft 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 (per PSAT publication on LID
techniques)
Change 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
Disruption of
corridors or
connections
• Maintain connections to offsite areas that are undisturbed
• Restore corridors or connections to offsite habitats by replanting
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5. Buffer averaging to improve wetland protection may be permitted when all of the following
conditions are met:
a. 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
a rea.
b. 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.
c. The total area of the buffer after averaging is equal to the area required without
averaging.
The buffer at its narrowest point is never less than either % of the required width or 75
feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever
is greater.
d.
6. The Shoreline Administrator may not approve averaging reductions to the standard buffer
widths for wetlands that score medium (twenty-six through twenty-nine points) or high (thirty
CITY OF YAKIMA SHORELINE MASTER PROGRAM OCTOBER 16, 2014
through thirty-six points) for wetland habitat function, except where it can be shown that a
particular wildlife species' needs within the buffer can be met with a smaller buffer.
7. All other proposals to reduce a wetland buffer may only be approved through the Shoreline
Variance process.
F. Compensatory Mitigation Requirements. Projects that propose compensation for wetland acreage
and/or functions are subject to State and Federal regulations. Compensatory mitigation for
alterations to wetlands shall provide for a no net loss of wetland functions and values, and must be
consistent with the mitigation plan requirements of YMC 17.09.010.P.13. The following documents
were developed to assist applicants in meeting the above requirements.
1. Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation in
Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals or
as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle
District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04-
06-013B).
2. Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent
with Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing
Wetlands —Appendix 8-D- § 8-D3 or as revised (Washington State Department of Ecology.
Publication # 05-06-008).
G. Wetland Mitigation Banks
1. Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
a. The bank is certified under RCW Ch. 90.84 or WAC Ch. 173-700,
b. The Shoreline Administrator determines that the wetland mitigation bank can provide
appropriate compensation for the authorized impacts, and
c. The proposed use of credits is consistent with the terms and conditions of the bank's
certification.
2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank's certification.
3. Credits from a certified wetland mitigation bank may be used to compensate for impacts
located within the service area specified in the bank's certification. In some cases, bank
service areas may include portions of more than one adjacent drainage basin for specific
wetland functions.
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.
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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. over steepened 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 area 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 area 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.
1. High Risk (LS3) is defined as areas that are presumed to have had a landslide,
debris flow, or slump within 10,000 years or less.
ii. Intermediate Risk (LS2) is defined as areas where landslides, debris flows, or
slumps are older than 10,000 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.
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b. Over Steepened Slope Hazard Areas (OS). These include areas with slopes steep enough
to create a potential problem.
1. High Risk areas (0S3) are defined as having a high potential to fail, include slopes
greater than 40%, and consist of areas of rock fall, creep, and places underlain with
unstable materials.
ii. Intermediate Risk areas (0S2) are defined as areas less likely to fail but are still
potentially hazardous. This category includes slopes between 15% and 40%.
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:
1. 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 flood plain 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.
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.
g.
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.
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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 Building Code. 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 number 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 YMC 17.09.050.D by implementing the development standards
of YMC 17.09.050.E.
4. Alluvial Fan/Flash Flooding Hazard Areas. Protection measures for alluvial fan/flash flooding
hazard areas will be accomplished through the review process of YMC 17.09.050.D.
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 YMC 17.09.050.D, by implementing
the development standards of YMC 17.09.050.E.
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 YMC 17.09.050.D and by implementing the development standards of
YMC 17.09.050.E.
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;
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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 1 above, must conduct a Geologic Hazard Report as provided
in YMC 17.09.010.0., 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 2a or 2b above, 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;
1. The geo-technical 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 YMC 17.09.050.E.
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
onsite 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.
17.09.060 Critical Aquifer Recharge Areas
A. Purpose and Intent
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1. The Growth Management Act (RCW Ch. 36.70A) 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 ordinance 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. Designation. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect
on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential for contamination
of groundwater resources or contribute significantly to the replenishment of groundwater. The
following areas have been identified based on local conditions.
1. Wellhead Protection Areas. Wellhead protection areas shall be defined by the boundaries of
the ten-year time of groundwater travel, or boundaries established using alternate criteria
approved by the Department of Health in those settings where groundwater time of travel is
not a reasonable delineation criterion, in accordance with WAC 246-290-135.
2. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S.
Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act.
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3. Susceptible Groundwater Management Areas. Susceptible groundwater management areas
are areas that have been designated as moderately or highly vulnerable or susceptible in an
adopted groundwater management program developed pursuant to Chapter 173-100 WAC.
4. Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-
090.
5. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are
moderately or highly vulnerable to degradation or depletion because of hydrogeologic
characteristics are those areas delineated by a hydrogeologic study prepared in accordance
with the State Department of Ecology guidelines.
6. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately
or highly susceptible to degradation or depletion because of hydrogeologic characteristics are
those areas meeting the criteria established by the State Department of Ecology.
C. Mapping
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 2006 Urban Area
Comprehensive Plan 2025. 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 Area Guidance Document" (Publication 05-10-028). 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 of 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 ground water;
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 (10) year time of ground
water travel, in accordance with WAC 246-290-135. For purposes of this Chapter, all wellhead
protection areas shall be considered highly susceptible.
D. Performance Standards — General Requirements.
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1. 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.
2. The proposed activity must comply with the water source protection requirements and
recommendations of the U.S. Environmental Protection Agency, Washington State
Department of Health, and the Yakima County Health District.
E. Performance Standards — Specific Uses.
1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area
must comply with local building code requirements and must conform to the following
requirements:
a. Underground Tanks. All new underground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and constructed
so as to:
i. Prevent releases due to corrosion or structural failure for the operational life of the
tank;
ii. Be protected against corrosion, constructed of noncorrosive material, steel clad
with a noncorrosive material, or designed to include a secondary containment
system to prevent the release or threatened release of any stored substances; and
iii. Use material in the construction or lining of the tank that is compatible with the
substance to be stored.
b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and constructed
so as to:
i. Not allow the release of a hazardous substance to the ground, groundwaters, or
surface waters;
ii. Have a primary containment area enclosing or underlying the tank or part thereof;
a nd
iii. Have a secondary containment system either built into the tank structure or a dike
system built outside the tank for all tanks.
2. Vehicle Repair and Servicing.
a. Vehicle repair and servicing must be conducted over impermeable pads and within a
covered structure capable of withstanding normally expected weather conditions.
Chemicals used in the process of vehicle repair and servicing must be stored in a manner
that protects them from weather and provides containment should leaks occur.
b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle
repair and servicing. Dry wells existing on the site prior to facility establishment must be
abandoned using techniques approved by the State Department of Ecology prior to
commencement of the proposed activity.
3. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides,
and fertilizers shall not exceed times and rates specified on the packaging.
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4. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for
reclaimed water must be in accordance with the adopted water or sewer comprehensive
plans that have been approved by the State Departments of Ecology and Health.
a. Use of reclaimed water for surface percolation must meet the groundwater recharge
criteria given in RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology
may establish additional discharge limits in accordance with RCW 90.46.080(2).
b. Direct injection must be in accordance with the standards developed by authority of
RCW 90.46.042.
F. Uses Prohibited from Critical Aquifer Recharge Areas. The following activities and uses are
prohibited in critical aquifer recharge areas:
1. Landfills. Landfills, including hazardous or dangerous waste, municipal solid waste, special
waste, wood waste and inert and demolition waste landfills;
2. Underground Injection Wells. Class I, III and IV wells and subclasses 5F01, 5D03, 5F04, 5W09,
5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells;
3. Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment
process to occur over permeable surfaces (both natural and manmade);
4. Storage, Processing, or Disposal of Radioactive Substances. Facilities that store, process, or
dispose of radioactive substances;
5. Mining. Hard rock; and sand and gravel mining, unless located within the mineral resource
designation; and
6. Other Prohibited Uses or Activities.
a. Activities that would significantly reduce the recharge to aquifers currently or
potentially used as a potable water source;
b. Activities that would significantly reduce the recharge to aquifers that are a source of
significant base flow to a regulated stream.
G. Submittal Requirements.
1. Applications for any development activity or division of land which requires review by Yakima
County and which is located within a mapped Critical Aquifer Recharge Area or Wellhead
Protection Area shall be reviewed by the Shoreline Administrator to determine whether
hazardous materials (see definitions) will be used, stored, transported, or disposed of in
connection with the proposed activity. If there is insufficient information to determine
whether hazardous materials will be used, the Shoreline Administrator may request additional
information, in addition to any submittal requirements outlined in YMC 17.09.010.
2. The Administrative Official shall make the following determination:
a. No hazardous materials are involved.
b. Hazardous materials are involved; however, existing laws or regulations adequately
mitigate any potential impact, and documentation is provided to demonstrate
compliance.
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b. Hazardous materials are involved and the proposal has the potential to significantly
impact Critical Aquifer Recharge and Wellhead Protection Areas; however, sufficient
information is not available to evaluate the potential impact of contamination. The City
may require a Hydrogeologic Report to be prepared by a qualified groundwater scientist
in order to determine the potential impacts of contamination on the aquifer.
CHAPTER 17.11 EXISTING USES, STRUCTURES AND LOTS
Nonconforming uses or developments are shoreline uses or development which were lawfully
constructed or established prior to the effective date of this Master Program, or approved amendments
to the Master Program, but which do not conform to present regulations or standards of the Master
Program. The intent of this chapter is to provide regulations regarding nonconforming uses, structures,
and lots as well as to establish residences as pre-existing legal uses, conforming to the Master Program
as allowed by the Act.
17.11.010 Nonconforming Uses
A. Uses and developments that were legally established and are nonconforming with regard to the use
regulations of the Master Program may continue as legal nonconforming uses. Such uses shall not
be enlarged or expanded unless expressly allowed by YMC 17.11.010. B and 17.11.040.
B. Nonconforming single-family residential uses that are located landward of the ordinary high water
mark may be enlarged or expanded in conformance with applicable dimensional standards by the
addition of space to the main structure or by the addition of normal appurtenances as defined in
section 17.01.090 upon approval of a Shoreline Conditional Use Permit by the Hearing Examiner.
C. A legally established use, prior to the effective date of the Master Program, which is listed as a
conditional use but for which a Shoreline Conditional Use Permit has not been obtained shall be
considered a nonconforming use.
D. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon the approval of a Conditional Use Permit by the Hearing Examiner. A
Conditional Use Permit may be approved only upon a finding that:
1. No reasonable alternative conforming use is practical; and
2. The proposed use will be at least as consistent with the policies and provisions of the Act and
the Master Program and as compatible with the uses in the area as the preexisting use.
In addition, such conditions may be attached to the permit as are deemed necessary to assure
compliance with the above findings, the requirements of the Master Program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard. A use
authorized pursuant to YMC 17.11.010.D shall be considered a conforming use for purposes of this
section.
E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during
any two-year period, the nonconforming rights shall expire and any subsequent use shall be
required to conform to this title.
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17.11.020 Nonconforming Structures
A. Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be
maintained and repaired and may be enlarged or expanded provided that said enlargement does
not increase the extent of nonconformity by further encroaching upon or extending into areas
where construction or use would not be allowed for new development or uses.
B. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
C. A nonconforming structure which is moved any distance must be brought into conformance with
the Master Program and the Act.
D. If a nonconforming development/structure is damaged to an extent not exceeding fifty percent in
flood hazard areas and seventy-five percent in the remainder of shoreline jurisdiction of the
replacement cost of the original development, it may be reconstructed to those configurations
existing immediately prior to the time the development was damaged, provided that application is
made for the permits necessary to restore the development within six months of the date the
damage occurred, all permits are obtained and the restoration is completed within two years of
permit issuance.
17.11.030 Nonconforming Lots
A. In any district, any permitted use or structure may be erected on any existing lot or parcel. This
provision shall apply even though such lot fails to meet the minimum dimensional requirements of
this SMP, provided that such structure is allowed within the shoreline environment and all uses of
the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning
requirements including setbacks, dimensional standards, and lot coverage requirements.
B. Structures and customary accessory buildings on non -conforming lots shall be set back from the
OHWM to the greatest extent feasible. Development proposed inside required buffers shall go
through mitigation sequencing, shall require a mitigation plan and Shoreline Variance, per YMC
17.13.080, when unable to meet the provisions of YMC 17.09.030.
17.11.040 Pre-existing Legal Uses — Conforming Residential Structures
Notwithstanding YMC 17.11.010 to 030, the following shall apply to preexisting legal residential
structures constructed prior to the effective date of this SMP:
A. Residential structures and appurtenant structures that were legally established and are used for a
conforming use, but that do not meet standards for the following shall be considered a conforming
structure: Setbacks, buffers, or yards; area; bulk; height; or density.
B. The City shall allow redevelopment, expansion, change with the class of occupancy, or replacement
of the residential structure if it is consistent with the SMP, including requirements for no net loss of
shoreline ecological functions.
C. For purposes of this section, "appurtenant structures" means garages, sheds, and other legally
established structures. "Appurtenant structures" does not include bulkheads and other shoreline
modifications or over -water structures.
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D. Nothing in this YMC 17.11.040: (a) Restricts the ability of this SMP to limit redevelopment,
expansion, or replacement of over -water structures located in hazardous areas, such as floodplains
and geologically hazardous areas; or (b) affects the application of other federal, state, or City
requirements to residential structures.
17.11.050 Additional Requirements for Certain Uses
Non -conforming uses and structures not covered by RCW 90.58.270(5), RCW 90.58.620, and not
addressed by the SMP must comply with WAC 173-27-080.
CHAPTER 17.13 ADMINISTRATION AND ENFORCEMENT
17.13.010 Roles and Responsibilities
The City shall administer the Shoreline Master Program (SMP), collectively Title 17 and the associated
goals and policies contained in Comprehensive Plan Chapter 10, Section 3, according to the following
roles and responsibilities:
A. Shoreline Administrator. The Shoreline Administrator in the City of Yakima is the Community
Development Director. The Shoreline Administrator shall have overall administrative responsibility
of the SMP. The Shoreline Administrator or his/her designee is hereby vested with the authority to:
1. Administrate this SMP.
2. Make field inspections as needed, and prepare or require reports on shoreline permit
applications.
3. Grant or deny exemptions from Shoreline Substantial Development Permit requirements of
this SMP.
4. Authorize, approve or deny Shoreline Substantial Development Permits.
5. Authorize, approve or deny Shoreline Conditional Use Permits except for those involving non-
conforming uses, which shall be the responsibility of the Hearing Examiner.
6. Make written recommendations to the Hearing Examiner, Planning Commission, or City
Council as appropriate.
7. Advise interested persons and prospective applicants as to the administrative procedures and
related components of this SMP.
8. Collect fees for all necessary permits as provided in City ordinances or resolutions. The
determination of which fees are required shall be made by the City.
9. Make administrative decisions and interpretations of the policies and regulations of this SMP
and the Act in accordance with the Yakima Municipal Code.
B. SEPA Official. The responsible SEPA official or his/her designee is authorized to conduct
environmental review of all use and development activities subject to this SMP, pursuant to WAC
197-11 and RCW 43.21C. The responsible SEPA official is designated in accordance with the City's
SEPA implementation ordinance.
C. Hearing Examiner. The Hearing Examiner shall have the authority to:
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1. Decide on appeals from administrative decisions issued by the Shoreline Administrator of this
SMP.
2. Grant or deny variances from this SMP.
3. Grant or deny Shoreline Conditional Use Permits associated with non -conforming uses.
4. The Hearing Examiner may, at the request of the Shoreline Administrator, receive and
examine available information, conduct public hearings and prepare records and reports
thereof, and issue recommendations to the council based upon findings and conclusions on
applications for Shoreline Substantial Development Permits and Conditional Use Permits.
D. Planning Commission. The Planning Commission is vested with the responsibility to review the SMP
as part of regular SMP updates required by RCW 90.58.080 as a major element of the City's planning
and regulatory program, and make recommendations for amendments thereof to the City Council.
E. City Council. The City Council is vested with authority to:
1. Initiate an amendment to this SMP according to the procedures prescribed in WAC 173-26-
100.
2. Adopt all amendments to this SMP, after consideration of the recommendation of the
planning commission, where established. Amendments shall become effective upon approval
by Ecology.
17.13.020 Interpretation
A. The City shall make administrative decisions and interpretations of the policies and regulations of
this SMP and the Act in accordance with the Yakima Municipal Code.
B. The City shall consult with Ecology to ensure that any formal written interpretations are consistent
with the purpose and intent of chapter 90.58 RCW and 173-26 WAC.
C. The application of this SMP is intended to be consistent with constitutional and other legal
limitations on the regulation of private property. The Shoreline Administrator shall give adequate
consideration to mitigation measures and other possible methods to prevent undue or
unreasonable hardships upon property owners.
17.13.030 Statutory Noticing Requirements
A. Applicants shall follow the noticing requirements of the City. At a minimum, the City shall provide
notice in accordance with WAC 173-27-110, and may provide for additional noticing requirements.
Per WAC 173-27-120 the City shall comply with special procedures (public notice timelines, appeal
periods, etc.) for limited utility extensions and bulkheads.
B. The following subsections provide a summary of noticing days. The City shall consult the most
current version of WAC 173-27-110 and 120 to confirm the days. In case of conflict, state statutes
or rules shall control:
1. Issuance of notice of application. Notice of application shall be provided within fourteen days
after the determination of completeness of the application.
2. Statement of public comment period. The notice of application shall state the public
comment period which shall be not less than thirty days following the date of notice of
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application, unless otherwise specified for limited utility extensions or single family bulkheads
below.
3. Notice of application prior to hearing. If an open record predecision hearing, as defined in
RCW 36.70B.020, is required for the requested project permits, the notice of application shall
be provided at least fifteen days prior to the open record hearing.
4. Limited utility extension or single-family bulkhead. An application for a Substantial
Development Permit for a limited utility extension or for the construction of a bulkhead or
other measures to protect a single-family residence and its appurtenant structures from
shoreline erosion shall be subject to all of the requirements of this chapter except that the
following time periods and procedures shall be used:
a. The public comment period shall be twenty days. The notice provided shall state the
manner in which the public may obtain a copy of the City's decision on the application
no later than two days following its issuance;
b. The City shall issue its decision to grant or deny the permit within twenty-one days of
the last day of the comment period specified in subsection (2)(a) of this section; and
c. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner,
the appeal shall be finally determined by the Hearing Examiner within thirty days.
17.13.040 Application Requirements
A. A complete application for a Shoreline Substantial Development, Shoreline Conditional Use, or
Shoreline Variance Permit shall contain, at a minimum, the information listed in WAC 173-27-180. In
addition, the applicant, including those applying for exemption status, shall provide the following
materials:
1. An assessment of the existing ecological functions and/or processes provided by topographic,
physical and vegetation characteristics of the site and any impacts to those functions and/or
processes, to accompany development proposals, provided that proposals for single-family
residences, as long as they meet the exemption criteria, shall be exempt from this
requirement if proposal is located outside required buffers. When the project results in
adverse impacts to ecological function and/or processes, a mitigation plan must be provided
that describes how proposed mitigation compensates for the lost function or process.
2. Site plan or division of land depicting to scale the location of buildable areas, existing and
proposed impervious surfaces (building(s), accessory structures, driveways), and allowed
landscaping and yards (including proposed water access trails, view corridors, wildfire
defensible space, if applicable), general location of utilities, well and septic system, if
applicable and location of storage and staging of materials and equipment during
construction. Plans shall show area calculations of each feature.
3. The location of any mapped channel migration zone floodplain, and/or floodway boundary
and critical Areas, if known, and respective setback/buffer areas on and within 250 feet of the
vicinity of the project site and all applicable buffers.
4. Where a view analysis is required per WAC 173-27-180, it shall address the following:
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a. The analysis shall include vacant existing parcels of record as well as existing structures.
Vacant parcels of record shall be assumed to be developed with structures complying
with the applicable regulations of the City and the maximum height limitation allowed
under the SMP.
b. The view corridor analysis shall include residential buildings or public properties located
outside of the shoreline jurisdiction if it can be clearly demonstrated that the subject
property has significant water views.
B. The Shoreline Administrator may vary or waive these additional application requirements according
to administrative application requirements on a case by case basis, but all applications for a
substantial development, conditional use, or variance permit shall contain the information found in
WAC 173-26-180.
C. The Shoreline Administrator may require additional specific information depending on the nature of
the proposal and the presence of sensitive ecological features or issues related to compliance with
other City requirements, and the provisions of this Title.
17.13.050 Exemptions from Shoreline Substantial Development Permits
A. The City shall exempt from the Shoreline Substantial Development Permit requirement the shoreline
developments listed in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,
90.58.355 and 90.58.515.
B. Letters of exemption shall be issued when a letter of exemption is required by the provisions of
WAC 173-27-050. Otherwise the exemption status shall be documented in the project application
file.
17.13.060 Shoreline Substantial Development Permits
A. A Shoreline Substantial Development Permit shall be required for all development of shorelines,
unless the proposal is specifically exempt per YMC 17.13.050.
B. A Shoreline Substantial Development Permit shall be granted only when the development proposed
is consistent with:
1. The policies and procedures of the SMA;
2. The provisions of WAC 173-27;
3. Chapter 10, Section 3 of the City of Yakima Comprehensive Plan; and
4. This Title 17.
C. The City may attach conditions to the approval of permits as necessary to assure consistency of the
project with the Act and this SMP. Additionally, nothing shall interfere with the City's ability to
require compliance with all other applicable laws and plans.
17.13.070 Shoreline Conditional Use Permits
A. This section provides procedures and criteria guiding the review of Shoreline Conditional Use
Permits, which require careful review to ensure the use can be properly installed and operated in a
manner that meets the goals of the Act and this Program in accordance with any needed
performance standards. After a Shoreline Conditional Use application has been approved by the
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City, the City shall submit the permit to Ecology for Ecology's approval, approval with conditions or
denial. Ecology shall review the file, in accordance with WAC 173-27-200.
B. Uses specifically classified or set forth in this Shoreline Master Program as conditional uses shall be
subject to review and condition by the City and by the Department of Ecology.
C. Other uses which are not classified or listed or set forth in this SMP may be authorized as
conditional uses provided the applicant can demonstrate consistency with the requirements of this
section and the requirements for conditional uses contained in this SMP.
D. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use.
E. Uses which are classified or set forth in the applicable master program as conditional uses may be
authorized provided that the applicant demonstrates all of the following:
1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master
program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the comprehensive
plan and SMP;
4. That the proposed use will cause no significant adverse effects to the shoreline environment
in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
F. In the granting of all Shoreline Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if Shoreline
Conditional Use Permits were granted for other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with the policies of
RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
G. In authorizing a conditional use, special conditions may be attached to the permit by the City or
Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the
project with the SMA and this SMP.
H. Nothing shall interfere with the City's ability to require compliance with all other applicable plans
and laws.
17.13.080 Shoreline Variance Permits
A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in
this Shoreline Master Program where there are extraordinary or unique circumstances relating to
the property such that the strict implementation of this Shoreline Master Program would impose
unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances
from the use regulations of the SMP are prohibited.
B. After a Shoreline Variance application has been approved by the City, the City shall submit the
permit to Ecology for Ecology's approval, approval with conditions or denial. Ecology shall review
the file in accordance with WAC 173-27-200.
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1. Variance permits should be granted in circumstances where denial of the permit would result
in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must
demonstrate that extraordinary circumstances shall be shown and the public interest shall
suffer no substantial detrimental effect.
2. Variance permits for development and/or uses that will be located landward of the OHWM, as
defined in section 17.01.090, and/or landward of any wetland as defined in section 17.01.090,
may be authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the SMP precludes, or significantly interferes with, reasonable use of the property;
b. That the hardship described in criterion "a" of this subsection is specifically related to
the property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the SMP, and not, for example, from deed
restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and SMP and will not
cause adverse impacts to the shoreline environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
3. Variance permits for development and/or uses that will be located waterward of the OHWM,
as defined in section 17.01.090, or within any wetland as defined in section 17.01.090, may be
authorized provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
b. That the proposal is consistent with the criteria established under Regulation B.2 above;
and
c. That the public rights of navigation and use of the shorelines will not be adversely
affected.
C. In the granting of all variance permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example, if variances were granted to other
developments and/or uses in the area where similar circumstances exist, the total of the variances
shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial
adverse effects to the shoreline environment.
17.13.090 Duration of Permits
Time duration requirements for Shoreline Substantial Development, Shoreline Variance, and Shoreline
Conditional Use Permits shall be consistent with the following provisions.
A. General provisions. The time requirements of this section shall apply to all Shoreline Substantial
Development Permits and to any development authorized pursuant to a Shoreline Conditional Use
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Permit or Shoreline Variance authorized by this Chapter. Upon a finding of good cause, based on
the requirements and circumstances of the project proposed and consistent with the policy and
provisions of this SMP and this Chapter, the City may adopt different time limits from those set forth
in subsections B and C of this section as a part of an action on a Shoreline Substantial Development
Permit.
B. Commencement. Construction activities shall be commenced or, where no construction activities
are involved, the use or activity shall be commenced within two years of the effective date of a
Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance.
Commencement means taking the action on the shoreline project for which the permit was granted
shall begin. For example, beginning actual construction or entering into binding agreements or
contractual obligations to undertake a program of actual construction. However, the City may
authorize a single extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with a complete extension application submittal before the
expiration date and notice of the proposed extension is given to parties of record on the Shoreline
Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance and to
Ecology.
C. Termination. Authorization to conduct development activities shall terminate five years after the
effective date of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or
Shoreline Variance. However, the City may authorize a single extension for a period not to exceed
one year based on reasonable factors, if a request for extension has been filed before the expiration
date and notice of the proposed extension is given to parties of record on the Shoreline Substantial
Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance, and to Ecology.
D. Effective date. The effective date of a Shoreline Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance shall be the date of receipt as provided in RCW
90.58.140(6). The permit time periods in subsections B and C of this section do not include the time
during which a use or activity was not actually pursued due to pending administrative appeals or
legal actions or due to the need to obtain any other government permits and approvals for the
development that authorize the development to proceed, including all reasonably related
administrative or legal actions on any such permits or approvals. The applicant shall be responsible
for informing the City of the pendency of other permit applications filed with agencies other than
the City and of any related administrative and legal actions on any permit or approval. If no notice
of the pendency of other permits or approvals is given by the applicant to the City prior to the date
of the last action by the City to grant permits and approvals necessary to authorize the development
to proceed, including administrative and legal actions of the City, and actions under other City
development regulations, the date of the last action by the City shall be the effective date.
E. Revisions. Revisions to permits may be authorized after original permit authorization has expired,
provided that this procedure shall not be used to extend the original permit time requirements or to
authorize substantial development after the time limits of the original permit.
F. Notification to Ecology. The City shall notify Ecology in writing of any change to the effective date of
a permit, as authorized by this section, with an explanation of the basis for approval of the change.
Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as
amended shall require a new permit application.
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17.13.100 Initiation of Development
A. Amortization to begin construction. Each permit for a Substantial Development, Shoreline
Conditional Use or Shoreline Variance, issued by the City shall contain a provision that construction
pursuant to the permit shall not begin and is not authorized until twenty-one (21) days from the
date of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review
proceedings initiated within twenty-one (21) days from the date of receipt of the decision,. The
date of receipt for a Substantial Development Permit means that date the applicant receives written
notice from Ecology that it has received the decision. With regard to a permit for a shoreline
variance or a shoreline conditional use, date of receipt means the date the City or applicant receives
the written decision of Ecology.
B. Forms. Permits for substantial development, shoreline conditional use, or shoreline variance may be
in any form prescribed and used by the City, including a combined permit application form. Such
forms will be supplied by the City.
C. Data sheet. A permit data sheet shall be submitted to Ecology with each shoreline permit. The
permit data sheet form shall be consistent with WAC 173-27-990.
D. Construction Prior to Expiration of Appeal Deadline. Construction undertaken pursuant to a permit
is at the applicant's own risk until the expiration of the appeals deadline.
17.13.110 Review Process
A. After the City's approval of a conditional use or variance permit, the City shall submit the permit to
the department for Ecology's approval, approval with conditions, or denial. Ecology shall render and
transmit to the City and the applicant its final decision approving, approving with conditions, or
disapproving the permit within thirty days of the date of submittal by the City pursuant to WAC 173-
27-110.
B. Ecology shall review the complete file submitted by the City on conditional use and variance permits
and any other information submitted or available that is relevant to the application. Ecology shall
base its determination to approve, approve with conditions or deny a Shoreline Conditional Use
Permit or Shoreline Variance on consistency with the policy and provisions of the SMA and, except
as provided in WAC 173-27-210, the criteria in WAC 173-27-160 and 173-27-170.
C. The City shall provide appropriate notification of the Ecology's final decision to those interested
persons having requested notification from local government pursuant to WAC 173-27-130.
17.13.120 Appeals
A. Administrative review decisions by the Administrator, based on a provision of this SMP, may be the
subject of an appeal to the Hearing Examiner by any aggrieved person. Such appeals shall be an
open record hearing before the Hearing Examiner.
B. Appeals of exemptions are allowed only for exemptions where a letter is required pursuant to YMC
17.13.050.
C. Appeals must be submitted within fourteen (14) calendar days after the date of decision or written
interpretation together with the applicable appeal fee. Appeals submitted by the applicant or
aggrieved person shall contain:
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1. The decision or interpretation being appealed, including the file number reference and the
specific objections in the decision document;
2. The name and address of the appellant and his/her interest(s) in the application or proposed
development;
3. The specific reasons why the appellant believes the decision or interpretation to be
erroneous, including identification of each finding of fact, each conclusion, and each condition
or action ordered which the appellant alleges is erroneous. The appellant shall have the
burden of proving the decision or interpretation is erroneous;
4. The specific relief sought by the appellant; and
5. The appeal fee established by the City.
D. Per WAC 173-27-120, the City shall comply with special procedures for limited utility extensions and
bulkheads. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner,
the appeal shall be finally determined by the Hearing Examiner within thirty days.
E. Appeals to the Shoreline Hearings Board ofa final decision on a Shoreline Substantial Development
Permit, Shoreline Conditional Use Permit, Shoreline Variance, or a decision on an appeal of an
administrative action, may be filed by the applicant or any aggrieved party pursuant to RCW
90.58.180 within twenty-one (21) days of receipt of the final decision by the City or by Ecology as
provided for in RCW 90.58.140(6).
17.13.130 Amendments to Permits
A. A permit revision is required whenever the applicant proposes substantive changes to the design,
terms or conditions of a project from that which is approved in the permit. Changes are substantive
if they materially alter the project in a manner that relates to its conformance to the terms and
conditions of the permit, this SMP, and/or the policies and provisions of chapter 90.58 RCW.
Changes which are not substantive in effect do not require approval of a revision.
B. When an applicant seeks to revise a permit, the City shall request from the applicant detailed plans
and text describing the proposed changes. Proposed changes must be within the scope and intent
of the original permit, otherwise a new permit may be required.
C. If the City determines that the proposed changes are within the scope and intent of the original
permit, and are consistent with this SMP and the Act, the City may approve a revision.
D. "Within the scope and intent of the original permit" means all of the following:
1. No additional over water construction is involved except that pier, dock, or float construction
may be increased by five hundred (500) square feet or ten percent (10%) from the provisions
of the original permit, whichever is less;
2. Ground area coverage and height may be increased a maximum of ten percent (10%) from the
provisions of the original permit;
3. The revised permit does not authorize development to exceed height, lot coverage, setback,
or any other requirements of this SMP except as authorized under a Shoreline Variance
granted as the original permit or a part thereof;
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4. Additional or revised landscaping is consistent with any conditions attached to the original
permit and with this SMP;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact will be caused by the project revision.
E. The revision approval, including the revised site plans and text clearly indicating the authorized
changes, and the final ruling on consistency with this section shall be filed with Ecology. In addition,
the City shall notify parties of record of their action.
F. If the revision to the original permit involves a Shoreline Conditional Use Permit or Shoreline
Variance, the City shall submit the revision to Ecology for approval, approval with conditions, or
denial, and shall indicate that the revision is being submitted under the requirements of this
subsection. Ecology shall render and transmit to the City and the applicant its final decision within
fifteen (15) days of the date of Ecology's receipt of the submittal from the City. The City shall notify
parties of record of Ecology's final decision.
G. The revised permit is effective immediately upon final decision by the City or, when appropriate per
subsection F, upon final action by Ecology. Construction undertaken pursuant to a permit is at the
applicant's own risk until the expiration of the appeals deadline.
1. Filing. Appeals of a revised permit shall be in accordance with RCW 90.58.180 and shall be
filed within twenty-one (21) days from the date of receipt of the City's action by Ecology or,
when appropriate under Shoreline Variances or Conditional Uses, the date Ecology's final
decision is transmitted to the City and the applicant.
2. Basis of appeals. Appeals shall be based only upon contentions of noncompliance with the
provisions of subsections A and B. Appeals shall be based on the revised portion of the
permit.
3. Risk. Construction undertaken pursuant to that portion of a revised permit not authorized
under the original permit is at the applicant's own risk until the expiration of the appeals
deadline.
4. Scope of decision. If an appeal is successful in proving that a revision is not within the scope
and intent of the original permit, the decision shall have no bearing on the original permit.
17.13.140 SMP Amendments
A. This Shoreline Master Program carries out the policies of the Shoreline Management Act for the
City. It shall be reviewed and amended as appropriate in accordance with the review periods
required in the Act and in order to:
1. To assure that the master program complies with applicable law and guidelines in effect at the
time of the review; and
2. To assure consistency of the master program with the City's comprehensive plan and
development regulations adopted under chapter 36.70A RCW, if applicable, and other local
requirements.
B. This SMP and all amendments thereto shall become effective fourteen (14) days from the date of
Ecology's written notice of final approval.
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C. The SMP may be amended annually or more frequently as needed pursuant to the Growth
Management Act.
D. Initiation. Future amendments to this Shoreline Management Plan may be initiated either by any
person, resident, property owner, business owner, governmental or non-governmental agency,
Shoreline Administrator, Planning Commission, or City Council as appropriate.
E. Application. Applications for shoreline master program amendments shall specify the changes
requested and any and all reasons therefore. Applications shall be made on forms specified by the
City. Such applications shall contain information specified in the City's procedures for
Comprehensive Plan and development regulation amendments pursuant to RCW 36.70A, the
Growth Management Act, and information necessary to meet minimum public review procedures in
subsection F.
F. Public Review Process — Minimum Requirements. The City shall accomplish the amendments in
accordance with the procedures of the Shoreline Management Act, Growth Management Act, and
implementing rules including, but not limited to, RCW 90.58.080, WAC 173-26-100, RCW 36.70A.106
and 130, and Part Six, Chapter 365-196 WAC.
G. Roles and Responsibilities. Proposals for amendment of the Shoreline Management Plan shall be
heard by the Planning Commission. After conducting a hearing and evaluating testimony regarding
the application, including a recommendation from the Shoreline Administrator, the Planning
Commission shall submit its recommendation to the City Council, who shall approve or deny the
proposed amendment.
H. Finding. Prior to approval, the City shall make a finding that the amendment would accomplish #1 or
#2, and must accomplish #3:
1. The proposed amendment would make this Program more consistent with the Act and/or any
applicable Department of Ecology Guidelines;
2. The proposed amendment would make this Program more equitable in its application to
persons or property due to changed conditions in an area;
3. This Program and any future amendment hereto shall ensure no net loss of shoreline
ecological functions and processes on a programmatic basis in accordance with the baseline
functions present as of the effective date of this SMP.
I. After approval or disapproval of a Program amendment by the Department of Ecology as provided in
RCW 90.58.090, Ecology shall publish a notice that the Program amendment has been approved or
disapproved by Ecology pursuant to the notice publication requirements of RCW 36.70A.290.
17.13.150 Enforcement
The City shall apply 173-27 WAC Part II, Shoreline Management Act Enforcement, to enforce the
provisions of this SMP whenever a person has violated any provision of the Act, this SMP, or other
regulation promulgated under the Act.
17.13.160 Monitoring
A. The City will track all shoreline permits and exemption activities to evaluate whether the SMP is
achieving no net loss of shoreline ecological functions. Activities to be tracked using the City's
permit system include development, conservation, restoration and mitigation, such as:
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1. New shoreline development
2. Shoreline Variances and the nature of the variance
3. Compliance issues
4. Net changes in impervious surface areas, including associated stormwater management
5. Net changes in fill or armoring
6. Net change in linear feet of flood hazard structures
7. Net changes in vegetation (area, character)
B. Using the information collected per subsection A, a no net loss report shall be prepared every eight
years as part of the City's Shoreline Master Program evaluation or Comprehensive Plan Amendment
process. Should the no net loss report show degradation of the baseline condition documented in
the City's Shoreline Analysis Report, changes to the SMP and/or Shoreline Restoration Plan shall be
proposed at the time of the eight-year update to prevent further degradation and address the loss
in ecological functions.
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APPENDIX B: DESIGNATED TYPE 2 STREAM CORRIDORS
The following stream reaches within Yakima County are designated critical areas under the City of
Yakima's Critical Areas in Shoreline Jurisdiction (YMC Chapter 17.09):
1. Bachelor Creek: From source at Ahtanum Creek (SEC13-TWP12N-RGE16 EWM) downstream to its
mouth at Ahtanum Creek (SEC1-TWP12N-RGE18E).
2. Cottonwood Canyon Creek: From the south line of SEC32-TWP13N-RGE17E, downstream to mouth
at Wide Hollow Creek (SEC36-TWP13N-RGE17E).
3. Hatton Creek: From its source at Ahtanum Creek (SEC18-TWP12N-RGE17) downstream to its
confluence with Ahtanum Creek (SEC18-TWP12N-RGE18E).
4. Wide Hollow Creek: From the east line of the SW1/4 of the NW1/4 (SEC28-TWP13N-RGE17E)
downstream to the mouth at the Yakima River.
September 26, 2013 B-1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: January 06, 2015
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Ordinance relating to the regulation of land use and shoreline
development in the City of Yakima rescinding, superseding
and replacing Exhibits "A" & "B" of Ordinance No. 2013-050
of the City of Yakima's Comprehensive Plan 2025 Natural
Environment section, and Title 17 Shoreline Master Program
Joan Davenport, Community Development Director &
Jeff Peters, Supervising Planner
The Yakima City Council passed Ordinance No. 2013-050 on November 5, 2013, adopting the
City of Yakima's Shoreline Master Program, Comprehensive Plan Shoreline Goals and Policies,
and transmitted the approved documents to the WSDOE for final review and approval.
As part of Ecology's final review and adoption process the WSDOE reviews the City's Shoreline
Master Program and provides the City with a list of required and recommended changes
which was submitted to the Mayor and City Shoreline Administrator on August 15, 2014. The
City of Yakima Shoreline Administrator reviewed all of the required and recommended changes
and found them to be primarily clerical with no substantive changes, and subsequently sent a
letter agreeing to all changes on September 12, 2014.
On October 6, 2014, the WSDOE issued its Notice of Final Action approving the City of
Yakima's Comprehensive Shoreline Master Program, with an effective date of October 16,
2014.
Therefore, the purpose of this ordinance is to rescind, supersede and replace Exhibits "A" & "B"
of Ordinance No. 2013-050 which constitute the City of Yakima's Comprehensive Plan 2025
Natural Environment section, and Title 17 Shoreline Master Program to address the required
and recommended changes by the Washington State Department of Ecology.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone: 509-575-6163
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Improve the Built Environment
City Manager
The City of Yakima Planning Division recommends approval of the accompanying ordinance.
ATTACHMENTS:
Description
0 SMP Ordinance
Upload Date
12/4/2014
0 Exhibit "A" City of Yakima SMP Regulations 12/4/2014
Exhibit "B" SMP Comprehensive Plan Goals and
Policies
12/4/2014
Type
Ordinance
Exhibit
Exhibit