Natural Environment

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Natural Environment

• Development Regulations
• Jeff Peters Assistant Planner

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Protection of Critical Areas Shorelines

• The Growth Management Act requires that cities
  and counties protect resource lands and
  environmentally sensitive or Critical Areas
  within their comprehensive plans and development
  regulations.
• The Shorelines Management Act (SMA), approved by
  Washington State voters in 1972 mandated that
  local governments develop local master programs
  that serve as an objective guide for regulating
  the use of Cities and Counties shorelines.

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Shorelines Critical Areas

• Inside the City of Yakima the Critical Areas that
  we are required to protect encompass wetlands,
  aquifer recharge areas, frequently flooded areas,
  fish wildlife habitat conservation areas
  geologically hazardous areas.

• Under the Shoreline Management Act the City of
  Yakima is required to regulate and protect
  Shorelines of Statewide Significance. These
  include lakes whether natural or artificial
  1,000 acres or more and natural streams where the
  mean annual flow is measured at 200 cubic feet
  per second.

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Critical Areas

• The Critical Areas Ordinance functions through
  SEPA.
• All developments within a Critical Area are
  required to go through a SEPA checklist and
  process.
• Depending upon the severity of the impact to the
  Critical Area and type of Critical Area the
  developer may be required to submit a Joint
  Aquatic Resources Permit Application or submit a
  impact report to show how the Critical Area will
  be impacted and to what degree.

• If the impacts of the development can be
  mitigated through SEPA and the conditions of the
  Critical Area Ordinance can be met, then both the
  impacts and mitigation are documented within the
  SEPA determination and a preliminary threshold
  decision is issued.
• If the impacts of the development cannot be
  immediately mitigated through SEPA or further
  information is required beyond the initial review
  stage then a Environmental Impact Statement may
  be required.
• At any point in time if the provisions of the
  Critical Areas Ordinance cannot be met the the
  Director may deny any underlying permit, which
  may be linked to the application.

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Types of Critical Areas

• Wetlands and Streams Buffers, Setbacks
  Special Studies.
• Critical Aquifer Recharge Areas Clean Water
  Act.
• Geologically Hazardous Areas Buffers Special
  Studies.
• Fish Wildlife Conservation Areas Endangered
  Species Act, Special Studies Chapter 15.27.450
  (B) Development Regulations.
• Frequently Flooded Areas Chapter 6.88 YMC.

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Shoreline Master Program

• Shoreline jurisdiction is defined as the floodway
  plus 200 feet or the 100 year flood plain, which
  ever is lesser.
• The Shoreline Master Program functions very
  similar to the Critical Area Process in that the
  SEPA process and a Joint Aquatic Resources Permit
  Application are required.
• The Shoreline Master Program departs from the
  Critical Areas Ordinance in that its regulations
  are derived directly from the Shoreline
  Management Act and is overseen by the Department
  of Ecology.
• The City of Yakimas Shoreline Master Program
  unlike the Critical Areas Ordinance classifies
  each reach of the Yakima river and its
  tributaries giving them a environmental
  designation.
• Each designation has a specific set of policies,
  goals and regulations which either allow,
  disallow or have specific criteria, which must be
  met in order for that activity to be permitted.

• The two types of shorelines permits that are
  often submitted for are Substantial Development
  and Conditional Use Permits.
• A Substantial Development Permit is required for
  any activity or development which is classified
  as a substantial development by RCW 90.58.030(3)
• Conditional Use Permits are those uses which may
  be permitted to locate in shoreline areas, but
  are usually seen as uses which either do not
  need, or depending on the environment, considered
  not to be suitable for siting in shoreline
  locations.

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Shoreline Examples

• Substantial Development Permits may include
  Commercial, Residential, Roads, Irrigation
  withdrawals, Mining and Recreation development or
  any use defined by RCW 90.58.030(3), which lies
  within shoreline jurisdiction.
• Conditional Uses may include docks, Multi-family
  residences, Rooming-boarding houses, Group Homes,
  Roads, Water dependant uses, Gas, Oil and Sewer
  lines, which lie within shoreline jurisdiction.