Division II. Shoreline Master Program
Chapter 18.10
GENERAL PROVISIONS
Sections:
18.10.010 Title and authority.
18.10.020 Language interpretation.
18.10.030 Purpose of division.
18.10.060 Science and protection of anadromous fish.
18.10.070 Applicability of permit system to federal agencies.
18.10.080 Administrative authority.
18.10.010 Title and authority.
A. This division is established pursuant to RCW 36.70A.060, Growth Management Act natural resource lands and critical areas – Development regulations, Chapter 90.58 RCW, Shoreline Management Act, Chapter 43.21C RCW, State Environmental Policy Act, and federal requirements for eligibility in the National Flood Insurance Program, pursuant to the Code of Federal Regulations (CFR). This division shall be known as the “Regional Shoreline Master Program of Yakima County, Washington.”
B. This division shall, for the purposes of RCW 36.70A.480 (GMA, shorelines of the state) be considered a supplement to the comprehensive plan. The regional shoreline master program regulations shall, for the purposes of RCW 36.70A.480 (GMA and shorelines of the state) be considered a set of use regulations applying only to shoreline areas as specified in Chapter 90.58 RCW, SMA, and Chapter 173-26 WAC, SMP Guidelines. These regulations are intended to be substantive legal rules and procedures used to implement the goals and policies of the master program. These regulations shall be applied and interpreted in a manner consistent with the remainder of the master program or the Act. (Ord. 2008-12 § 1 (Exh. A (18.01.01)), 2008).
18.10.020 Language interpretation.
Unless specifically defined in Chapter 18.20 GMC, words, phrases and terms in this division shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application. “Shall” is mandatory; “may” is discretionary and does not impose a requirement; “should” is always advisory; “include(s)” means includes but not limited to. 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. (Ord. 2008-12 § 1 (Exh. A (18.01.02)), 2008).
18.10.030 Purpose of division.
The purpose of this division is to establish a single, uniform system of procedures and standards to be applied to development within shoreline jurisdiction. (Ord. 2008-12 § 1 (Exh. A (18.01.03)), 2008).
18.10.040 Intent of division.
A. This division establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (Chapter 36.70A RCW) as it applies to shoreline jurisdiction, development within critical areas or other areas under shoreline jurisdiction as provided in the Shoreline Management Act (Chapter 90.58 RCW), and development regulated under the National Flood Insurance Program. Additional purpose and intent for the protection of critical areas is provided in the chapter on each subject. Stream corridors, flood hazard areas, wetlands, critical aquifer recharge areas, geologically hazardous areas and fish and wildlife habitat areas constitute critical areas. These areas are of special concern because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the natural resource base. The policies, standards and procedures of this division are intended to:
1. Preserve development options within designated critical areas where such development will not adversely impact critical area values and functions;
2. Prevent further degradation of critical areas;
3. Conserve, protect and, where feasible, restore essential or important natural resources;
4. Protect the public health, safety and general welfare;
5. Further the goals and objectives of the comprehensive plan and all of its elements;
6. Implement the goals and requirements of the Washington Growth Management Act (Chapter 36.70A RCW) as it applies to shoreline jurisdiction, the Shoreline Management Act (Chapter 90.58 RCW), and the National Flood Insurance Program;
7. Recognize and protect private property rights;
8. Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of variance, reasonable use provisions and nonconforming use and facility provisions;
9. Provide for no net loss of ecological function within shoreline jurisdiction, particularly the functional properties of stream corridors and other hydrologically related critical areas;
10. Establish a consistent foundation of regulations that apply to similar issues whether they are inside or outside shoreline jurisdiction. Additional protection measures required as a result of shoreline master program updates to this division are identified as applying within shoreline jurisdiction and are not intended to be applied outside shoreline jurisdiction;
11. Recognize that mining is a unique use as a result of its inherent linkage to geology. Therefore, mining and related activities may be an appropriate use when conducted consistent with the policies and provisions of WAC 173-26-241(h), within all shoreline designations, except the natural and floodway/CMZ environments.
B. In addition, the policies, standards and procedures of this division:
1. Are not intended to 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 dates of provisions in the critical areas ordinance or shoreline master program;
2. Are not intended to result in an unconstitutional taking of private property;
3. Are not intended to retroactively require the restoration of degraded critical areas for properties in a degraded condition prior to the effective dates of provisions in the critical areas ordinance or shoreline master program; but rather to utilize restoration as a tool to mitigate impacts of new development;
4. Are not intended to presume that regulatory tools are the only mechanism for protection, but rather integrated with nonregulatory tools in as balanced a manner as possible;
5. Are not intended to prohibit the use of valid water rights. (Ord. 2008-12 § 1 (Exh. A (18.01.04)), 2008).
18.10.050 Applicability.
A. The provisions of this division shall apply to any new development, construction or use within the incorporated portions of the city of Grandview designated as a critical area inside shoreline jurisdiction, designated as shoreline jurisdiction and designated as a special flood hazard area under the National Flood Insurance Program; however, this division does not apply to the situations below, except that the flood hazard protection provisions of Chapter 18.50 GMC will continue to apply as determined by the applicability provision in GMC 18.50.030:
1. Within critical areas and shorelines designated by this division or amendments that may later be adopted, there may exist lots, structures and uses which were lawfully established before this division was initially adopted, amended or readopted, as provided below, but which would be subsequently prohibited, regulated or restricted under this chapter. It is the intent of this division to permit these pre-existing legal nonconformities to continue without requirement to change said nonconformity until such time as conformance is required through permits for development in the future. The city of Grandview may in the future annex lands that were once under the jurisdiction of Yakima County. The adoption and amendment dates of the relevant Yakima County regulations are provided below:
a. Shoreline master program adopted September 5, 1974;
b. Shoreline master program amended March 26, 1981;
c. Shoreline master program amended November 1, 1981;
d. Yakima County critical areas ordinance adopted July 12, 1994;
e. Yakima County critical areas ordinance amended October 1, 1995;
f. Yakima County flood hazard ordinance adopted June 5, 1985;
2. Critical areas on federally owned lands that are outside shoreline jurisdiction are not subject to this division;
3. Critical areas on federally owned lands within shoreline jurisdiction in situations that do not have to obtain permits or follow the permit system, as provided in GMC 18.10.070, Applicability of permit system to federal agencies, are not subject to this division;
4. Forest practices, as defined by this division, carried out under a Washington Department of Natural Resources Forest Practice permit are not subject to this division, except those that involve shoreline jurisdiction, involve a conversion of forest land to a nonforestry use, involve a conversion option harvest plan, or take place on lands platted after January 1, 1960;
5. Livestock grazing on publicly owned land, when carried out under an agreement that includes a resource management plan that will be monitored by a public entity, is not subject to this division;
6. Changing agricultural crops within an existing farming operation is not considered new development, construction or use; provided, that the existing area under agricultural production is not extended further into a vegetative buffer identified under GMC 18.60.160; and provided, that the natural contour of the land subject to this division is not altered by excavation and filling;
7. 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 division, and including temporary signs (election, sale, rent, etc.);
8. Critical areas within the exterior boundaries of the Yakama Nation that are located within the designated closed areas or not under county jurisdiction as a result of the Supreme Court decision County of Yakima et al v. Confederated Tribes and Bands of the Yakima Indian Nation (1991) are not subject to this division;
9. Mining, as defined by this division, that is carried out under a Washington Department of Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this division for erosion hazard areas, oversteepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply.
B. Other rules and regulations, including the subdivision ordinance, the zoning ordinance, and the building and construction ordinance, shall remain in full force and effect as they apply to a designated critical area or shoreline. Wherever the requirements of this division conflict with the requirements of the applicable zoning ordinance, the subdivision ordinance or any other lawfully adopted city rules or regulations, the most restrictive standards shall govern. (Ord. 2008-12 § 1 (Exh. A (18.01.05)), 2008).
18.10.060 Science and protection of anadromous fish.
This division has been updated consistent with the requirements for:
A. Using the best available science as required by RCW 36.70A.172, Critical areas – Designation and protection – Best available science to be used, and WAC 365-195-900 through WAC 365-195-920, BAS Background and purpose;
B. An integrated use of the natural and social sciences, and the environmental design arts, and utilization of all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data, as required by RCW 90.58.100, Programs as constituting use regulations;
C. Giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat, (salmon, steelhead, etc.) as required by RCW 36.70A.172, Best available science to be used, and WAC 365-195-925, Criteria for demonstrating “special consideration” has been given to anadromous fisheries. (Ord. 2008-12 § 1 (Exh. A (18.01.06)), 2008).
18.10.070 Applicability of permit system to federal agencies.
The permit system shall be applied in the following manner to federal agencies on lands within shoreline jurisdiction:
A. Federal agencies shall not be required to obtain permits for developments undertaken by the federal government on lands owned in fee by the federal government, or on easements obtained by the federal government for a specified purpose where the proposed development is consistent with the specified purpose, unless under either circumstance the federal government grants or reserves to the state, Yakima County, or city of Grandview substantial jurisdiction over activities on those lands;
B. The permit system shall apply to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease or easement, even though such lands may fall within the external boundaries of a federal ownership;
C. The permit system shall apply to developments undertaken on lands not federally owned but under lease, easement, license, or other similar federal property rights short of fee ownership, to the federal government;
D. The above paragraphs shall be controlling for the purposes of shoreline permits for federal land or federal projects; however, the following attempts to clarify these limits for practical use:
1. Federal development on federally owned land is not required to obtain a permit;
2. Federal development on a federally owned lease is not required to obtain a permit, as long as the development is consistent with the purpose of the lease;
3. Development on federally owned land under a nonfederal lease or easement must obtain a shoreline permit;
4. Nonfederal development or use on federally owned land must obtain a shoreline permit;
5. Development on nonfederal land 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. (Ord. 2008-12 § 1 (Exh. A (18.01.07)), 2008).
18.10.080 Administrative authority.
A. The city of Grandview department of public works shall be responsible for the general administration of this division. The director of public works or the director of public works’ designee shall serve as the administrative official of this division, except as noted in Chapter 18.50 GMC. The administrative official shall establish procedures for implementation of this division.
1. Where the provisions of these regulations may be unclear in special circumstances, or where judgment must be made because of the nature of the language used, the administrative official shall make such interpretations. Such interpretation shall specify whether the issue is under shoreline jurisdiction or not. A separate record of all interpretations shall be kept. To avoid arbitrariness, any earlier interpretation that may relate to a pending action shall be examined by the administrative official for its effect or influence on the pending action.
2. A written request for interpretation of any provision of this division or any rule or regulation adopted pursuant to this division may be submitted to the administrative official. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. Interpretations shall be processed in accordance with GMC Title 14, Administration of Development Regulations. (Ord. 2008-12 § 1 (Exh. A (18.01.08)), 2008).
18.10.090 Severability.
If any provision of the ordinance codified in this division, 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. (Ord. 2008-12 § 1 (Exh. A (18.01.09)), 2008).