Chapter 21.08 CRITICAL AREAS

A. The state Growth Management Act ("GMA") requires the adoption of development regulations that protect the functions and values of critical areas, including wetland, fish, and wildlife habitat conservation areas, critical groundwater recharge areas, frequently flooded areas, and geologically hazardous areas;

B. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;

C. The GMA requires all local governments to designate and protect resource lands, including agricultural lands and mineral resource lands. (Ord 25-635 §2 (Ex A))

21.08.020 Findings. Revised 9/25

A. Growth management, resource land conservations, and critical areas protection share problems related to governmental costs and efficiency.

B. The cost to remedy the loss of resource lands or critical areas is greater than conserving and protecting them from loss or degradation.

C. The inherent economic, social, and cultural values of resource lands and critical areas should be considered in the development of strategies designed to conserve and protect such lands.

D. RCW 36.70A.172 requires local governments to include the best available science ("BAS") in developing policies and development regulations to protect the functions and values of critical areas and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. (Ord 25-635 §2 (Ex A))

21.08.030 Purpose. Revised 9/25

It is the purpose of this chapter to protect the public, health, safety, and general welfare in areas associated with specific critical areas. It is further intended to promote the conservation of resource lands and the enhancement and preservation of critical areas by avoiding or minimizing adverse environmental impacts from construction and development. This chapter shall also implement the goals and policies of the state of Washington Growth Management Act(s) of 1990 and 1991 and as amended through the classification and designation of resource lands and critical areas and the development and implementation of regulations to conserve resource lands and protect critical areas in the public interest and welfare.

It is not the intent of this chapter to deny a reasonable use of private property but to ensure that development on or near resource lands or critical areas is accomplished in a manner that is sensitive to the environment and resources of the community. (Ord 25-635 §2 (Ex A))

21.08.040 Goals. Revised 9/25

A. Classify and designate critical areas and resource lands.

B. Conserve the inherent economic, social, and cultural values of resource lands.

C. Protect environmentally sensitive critical areas and the functions they perform.

D. Protect aquifer recharge areas.

E. Preserve natural forms of flood and stormwater control.

F. Protect human life and health from damage due to geologically hazardous areas.

G. Protect and maintain fish and wildlife habitat.

H. Develop appropriate regulatory and nonregulatory options and strategies.

I. No net loss of critical area functions shall be allowed unless there is compensatory mitigation of the harm. (Ord 25-635 §2 (Ex A))

21.08.045 Critical area review process and application requirements. Revised 9/25

A. Preapplication Conference.

1. For those projects subject to environmental review pursuant to SEPA, the preapplication requirement is recommended.

2. For projects subject to this chapter but exempt from the SEPA requirements, the applicant is encouraged to meet with the City prior to submitting an application.

3. The purpose of these meetings shall be to discuss the City’s critical area requirements, processes, and procedures; to review any conceptual site plans prepared by the applicant; to identify potential impacts to critical areas and appropriate mitigation measures; and to the extent it can be determined, generally inform the applicant of any known federal or state regulations or approvals applicable to the subject critical area. Such conference shall be for the convenience of the applicant, shall not constitute legal advice or scientific opinion, and any recommendations shall not be binding on the applicant or the City. It shall be the applicant’s sole responsibility to identify and secure all necessary permits from any agencies with jurisdiction, notwithstanding that the City of Quincy may also have the authority to issue a permit.

B. Application Requirements.

1. Timing of Submittals. Concurrent with the submittal of a SEPA checklist or concurrent with the submittal of an application for projects exempt from SEPA, a critical area report shall be required when a critical area is present on or near the site or when the site analysis indicates the potential for a critical area to be affected by the proposed development. If no critical area is present or potentially affected, a critical area report is not required unless specifically requested by staff based on the best available science. The purpose of the report is to determine the extent, characteristics, and functions of any critical areas located on or potentially affected by activities on a site where regulated activities are proposed. The report will also be used by the department to determine the appropriate critical area rating or classification, where applicable, and to establish appropriate buffer requirements.

2. Report Contents. Reports and studies required to be submitted by this chapter shall contain, at a minimum, the information indicated in the attachments to this chapter applicable to each critical area. The department may tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that may potentially be present.

C. Critical Area Consultants – Qualifications and City Review. All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as defined in these regulations. The department may, at its discretion, retain a qualified consultant to review and confirm the applicant’s reports, studies, and plans. Such review shall be paid for by the applicant.

D. Review Process. This section is not intended to create a separate critical area review permit process for development proposals. To the extent possible, the City shall consolidate and integrate the review and processing of critical area-related aspects of proposals with other land use and environmental considerations, reviews, and approvals. However, when a critical area is present or potentially affected, the applicant must submit a critical area report as required by subsection (B)(1) of this section to ensure compliance with the goals of Section 21.08.040. Any permits required by separate codes or regulations, such as shoreline substantial development permits, shall continue to be required. (Ord 25-635 §2 (Ex A))

21.08.047 Procedural provisions. Revised 9/25

A. Interpretation and Conflicts. The director of the department or their designee shall have the authority to administer the provisions of this chapter, to make determinations with regard to the applicability of the regulations, to interpret the intent of unclear provisions, to require additional information, to determine the level of detail and appropriate methodologies for critical area reports and studies, to prepare application and informational materials as required, and to promulgate procedures and rules for unique circumstances not anticipated by the standards and procedures contained within this chapter.

B. Penalties and Enforcement. Compliance with these regulations and penalties for their violation shall be enforced pursuant to the procedures set forth in QMC.

C. Appeals From Critical Area Review Decisions. Appeals from critical area review decisions shall be governed by the procedures set forth in QMC.

D. Burden of Proof. The burden of proving that a proposed activity meets the standards established by this chapter shall be on the applicant. (Ord 25-635 §2 (Ex A))

21.08.050 Definitions. Revised 9/25

The following terms and definitions shall be used in the administration of this chapter:

Agricultural lands: Lands that are not already characterized by urban growth and are of long-term significance for commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of berries, grain, hay, straw, turf, seed, livestock, and Christmas trees not subject to excise tax.

AKART: An acronym that means all known, available, and reasonable methods of prevention, control, and treatment. AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term "best management practices" typically applies to nonpoint source pollution controls and is considered a subset of the AKART requirement. The stormwater management manuals (see definition in this section) may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for stormwater discharges. WAC 173-218-030.

Alteration: Any human activity that results or is likely to result in an impact upon the existing condition of a sensitive critical area is an alteration that is subject to specific limitations as specified for each sensitive area or its buffer. "Alterations" include, but are not limited to, grading, filling, dredging, draining, channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants, grazing domestic animals, compaction, excavation, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity that results or is likely to result in an impact to existing vegetation, hydrology, fish or wildlife or their habitats. "Alterations" do not include passive recreation such as walking, fishing or any other passive recreation or other similar activities.

Anadromous fish: Fish born in freshwater migrate to the ocean to grow and mature and return to freshwater as adults to reproduce.

Applicant: Any person or entity, including an agency, applying for a license from an agency. Application means a request for a license.

Aquatic area: Any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs, and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed by storm or wastewater systems or entirely artificial channels, canals, ponds, pools, or other similar constructed water features.

Basement: For purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides.

Best available science: The best available science is scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or a team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925.

Best available science – Protect functions and values of critical areas with special consideration to anadromous fish: Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat (RCW 36.70A.172(1)).

Best management practice (BMP): A schedule of activities, prohibitions of practices, physical structures, maintenance procedures, and other management practices undertaken to reduce pollution, control soil loss, minimize adverse impacts to surface water and groundwater flow, protect trees and vegetation designated to be retained during and following site construction and use native plant species appropriate to the site for revegetation of disturbed areas, or to provide habitat protection or maintenance.

Bioengineering: Using vegetation and other natural materials such as soil, wood, and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control.

Buffer: A designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows, and landslide hazards or a designated area contiguous to (a stream) and intended to protect and be an integral part of an aquatic area or wetland.

City: The City of Quincy, Washington.

Clearing: The limbing, pruning, trimming, topping, cutting, killing, grubbing, or removal of vegetation or other organic plant matter material by physical, mechanical, chemical, or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point.

Commercial significance, long-term: The growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense use of the land.

Contaminant: Any chemical, physical, biological, or radiological material that is not naturally occurring and is introduced into the environment by human action, accident, or negligence.

Critical aquifer recharge areas: Areas that have been identified as sole-source aquifers, that area designated in the City of Quincy Comprehensive Land Use Plan as the current urban growth boundary area of the City of Quincy, those areas that have a high susceptibility to groundwater contamination, an area that has an area of medium susceptibility to groundwater contamination that is located within a sole source aquifer, or within an area approved pursuant to Chapter 246-290 WAC as a wellhead protection area for municipal or district drinking water systems. Areas with high susceptibility to groundwater contamination occur where aquifers are used for drinking water, and there is a combination of permeable soils, permeable subsurface geology, and groundwater close to the ground surface.

Critical areas: Any area that is subject to natural hazards or a land feature that supports unique, fragile, or valuable natural resources, including fish, wildlife, or other organisms or such resources that carry, hold, or purify water in their natural state. "Critical area" includes the following areas: critical aquifer recharge areas, geological hazardous areas, frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas.

Cumulative effects: The changes to the environment caused by the interaction of natural ecosystem processes with the effects of changes made to that ecosystem, whether artificial or natural.

Dangerous wastes: Any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment (RCW 70.105.010).

Data maps: Maps that are maintained by the City of Quincy and other jurisdictions for the purpose of graphically depicting likely boundaries of resource lands and critical areas.

Development/new development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

Emergency: An occurrence during which there is imminent danger to the public health, safety, and welfare, or which poses an imminent risk to property.

Endangered: Any wildlife species that is native to the state of Washington and is seriously threatened with extinction throughout all or a significant portion of its range within the state, and is listed in the Federal Register and/or state regulations.

Engineer: An engineer who is licensed as a professional engineer by the state of Washington.

Enhancement: For the purposes of critical area regulation, enhancement is an action that increases or improves the processes, structure, functions, and values of a stream, wetland, or other sensitive area or buffer of an ecosystem and habitats associated with critical areas or their buffers.

Erosion hazard areas: Areas defined by the USDA Natural Resource Conservation Service as having a "high" erosion hazard and a "rapid" surface runoff or areas defined by the USDA Natural Resource Conservation Service as having a "severe" limitation due to slope for building site development.

Fish and wildlife habitat conservation areas: Land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long-term population viability. Fish and wildlife habitat conservation areas contribute to the state’s biodiversity and occur on both publicly and privately owned lands. Designating these areas is an important part of land use planning for appropriate development densities, urban growth area boundaries, open space corridors, and incentive-based land conservation and stewardship programs. (WAC 365-190-130).

Frequently flooded areas: Lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the director in accordance with WAC 365-190-080(3).

Functions and values: The beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to help set targets (species composition, structure, etc.) for managed areas, including migration sites.

Geologically hazardous areas: Areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns (RCW 36.70A.030).

Geologist: An individual who is licensed as a geologist in the state of Washington under Chapter 308-15 WAC and Chapter 18.220 RCW.

Hazardous substance: Any material that exhibits any of the characteristics or criteria of hazardous material or waste, inclusive of waste oil and petroleum products, and which further meets the definitions of "hazardous waste" (Chapter 173-303 WAC or RCW 70.150.010).

Maintenance: The usual acts to prevent a decline, lapse, or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section.

Mineral lands: Lands that are not already characterized by urban growth and are of long-term commercial significance for the extraction of aggregate and mineral resources including: sand, gravel, and valuable metallic substances. Other minerals may be classified as appropriate. Both known and potential deposits may be classified. The mineral resource areas (MRA) and scientific resource sites (SRS) categories determined by the Washington Department of Natural Resources will be used in classifying lands.

Mineral lands, MRA-1: Areas where adequate information indicates that no significant mineral deposits (sand and gravel) are present or where it is judged that there is little likelihood for their presence. This area shall be applied where well-developed lines of reasoning, based upon economic geologic principles and adequate data, demonstrate that the likelihood for occurrence of significant mineral deposits is nil or slight.

Mineral lands, MRA-2: Areas where adequate information indicates that significant mineral (sand and gravel) deposits are present or where it is judged that there is a high likelihood for their presence. This area shall be applied to known mineral deposits or where well-developed lines of reasoning, based upon economic geologic principles and adequate data, demonstrate that the likelihood for occurrence of significant mineral deposits is high.

Mineral lands, MRA-3: Areas containing mineral (sand and gravel) deposits the significance of which cannot be evaluated from available data.

Mineral lands, MRA-4: Areas where available information is inadequate for assignment to any other MRA.

Mineral lands, SRS: Containing unique or rare occurrences of rocks, minerals, or fossils that are of outstanding scientific significance.

Mitigation: An action taken to avoid, minimize or compensate for adverse impacts to the environment resulting from a development activity or alteration.

Priority habitat and species (PHS): Priority habitats and species are identified in reference to maps, lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife; in the Priority Habitats and Species (PHS) Program of the Department of Fish and Wildlife, which is considered a source of BAS. Priority habitats are habitat types or elements with unique or significant value to a large number of species. Priority species include state endangered, threatened, sensitive, and candidate species; vulnerable animal groups; and vulnerable species of recreational, commercial, or tribal importance.

Qualified professional: One who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated their ability to solve or resolve problems relating to the subject matter, the work, or the project.

Reclamation: The final grading and restoration of a site to reestablish the vegetation cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation.

Repair: To fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems.

Replace: To take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion.

Restoration: For purposes of critical areas regulation, an action that reestablishes the structure and function of a critical area or any associated buffer that has been altered.

Seismic hazard: Areas subject to severe risk of earthquake damage as a result of seismic induced settlement or soil liquefaction. These conditions occur in areas underlain by cohesion-less soils of low density usually in association with a shallow groundwater table.

Slope: An inclined ground surface, the inclination of which is expressed as a ratio or percentage. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief.

State Environmental Policy Act (SEPA): The framework for governmental agencies to consider the environmental consequences of a proposal before taking action. Chapter 43.21C RCW.

Threatened: Any wildlife species that is (1) native to the state of Washington and is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats, and (2) is listed in the Federal Register.

Underground injection wells: An injection well is used to place fluid underground into porous geologic formations. These underground formations may range from deep sandstone or limestone, to a shallow soil layer. Injected fluids may include water, wastewater, brine (salt water), or water mixed with chemicals.

Urban growth areas (UGA): Designated areas within which urban growth shall be encouraged and outside of which growth can only occur if it is not urban in nature (RCW 36.70A.110). (Ord 25-635 §2 (Ex A))

21.08.060 Data maps. Revised 9/25

The data maps maintained by the City of Quincy and other jurisdictions shall be utilized as a general guide to determine the location and extent of resource lands and critical areas within the corporate limits and UGA. These maps, along with performance standards established in this chapter for wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, and frequently flooded areas, provide a framework consistent with WAC 365-190-080(4) for designating and protecting critical areas. The data maps shall be consulted with the Municipal Services Director when a development application is received to determine if the site is within any areas shown as critical areas. However, it is recognized that critical areas that are not identified on the maps may exist. The data maps are for reference only and not regulatory in nature. It shall be the responsibility of the applicant to notify the City of any critical areas which are on or near the site of the development application. The exact location of critical areas shall be determined by a site analysis conducted by a qualified professional supplied by the developer using the requirements found within this chapter.

Data maps recognized by the City of Quincy include but are not limited to:

A. Washington State Department of Health Office of Drinking Water Source Water Assessment Program (SWAP) Mapping.

B. Washington State Department of Ecology Environmental Information Management System (EIM) Groundwater map.

C. Grant County Washington All Purpose Interactive Map Critical Aquifer Recharge Area Layer.

D. United States Department of Agriculture USDA Web Soil Survey Nitrate Leaching Potential Layer.

E. United States Department of Homeland Security FEMA National Flood Hazard Layer (NFHL) Viewer. (Ord 25-635 §2 (Ex A))

21.08.070 Interpretation of data maps. Revised 9/25

The Municipal Services Director is charged with administration of the City of Quincy Zoning Ordinance for the purpose of interpreting data maps. An affected property owner or other party with standing has a right to appeal the Municipal Services Director’s determination to the City Council.

All development applications are required to show the boundary(s) of all resource lands and critical areas on a scaled drawing prior to the development application being considered complete for processing purposes. (Ord 25-635 §2 (Ex A))

21.08.080 Applicability. Revised 9/25

A. The provisions of this chapter shall apply to all land uses in the City of Quincy, and all persons within the City shall comply with the requirements of this chapter.

B. The City of Quincy shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ensuring compliance with the requirements of this chapter.

C. Approval of a development proposal in accordance with this chapter does not discharge the obligation of the applicant to comply with this chapter.

D. When any other chapter of the Quincy Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides more protection to environmentally critical areas apply unless specifically provided otherwise in this chapter or unless the provision conflicts with federal or state laws. (Ord 25-635 §2 (Ex A))

21.08.085 Site analysis. Revised 9/25

When an application for development, permit, or license is received by the City, the application shall indicate whether any resource land or critical area is located on the site. The Municipal Services Director or the Director’s designee shall inspect the site and evaluate the information provided by the applicant. The Municipal Services Director or the Director’s designee shall evaluate the proposal and make a determination if a site study analysis is required. If it is determined that a site study analysis is required, the Municipal Services Director shall notify the applicant in writing of the required study. A site study shall include a comprehensive site inventory and analysis, a discussion of the potential impacts from the proposed development and specific measures or alternatives designed to mitigate any potential adverse impacts of the applicant’s proposal on and off site. All costs incurred for the site analysis report shall be the responsibility of the applicant. (Ord 25-635 §2 (Ex A))

21.08.087 Appeals. Revised 9/25

Any decision of the Municipal Services Director in the administration of this chapter may be appealed to the City Council. Such appeal shall be in writing and must be submitted to the City within ten days from the date of the Director’s decision, or if a written findings of fact and conclusion of law or resolution, then ten days from their signature of approval. (Ord 25-635 §2 (Ex A))

21.08.100 Forest lands. Revised 9/25

A. General. Forest lands of long-term commercial significance are identified by the Washington State Department of Revenue land grades scheme (WAC 458-40-530).

B. Development Standards. Not applicable. There are no forest lands of long-term commercial significance identified in the City of Quincy.

If the City of Quincy annexes land with forest lands of long-term commercial significance, or if the best available science determines forest lands to be present within City limits, the City and the property owner shall outline interim development standards either in the development agreement adopted as part of the annexation or in the conditions of approval as part of any other development permit application, until this title is amended to include specific development standards for forest lands. (Ord 25-635 §2 (Ex A))

21.08.110 Mineral lands. Revised 9/25

A. General. Lands that are not already characterized by urban growth and are of long-term commercial significance for the extraction of aggregate and mineral resources including: sand, gravel and valuable metallic substances. Other minerals may be classified as appropriate. Both known and potential deposits may be classified.

B. Development Standards. When an application for a development permit is received by the City, the application shall indicate whether the proposal is within an area with a rating of class MRA-2, MRA-3, MRA-4, or SRS. If it is indicated that the development proposal is within a mineral resource area, a mineral resource lands delineation report must be filed, unless the Municipal Services Director determines that a mineral resource land is not affected by the development. If the data maps and/or the application do not indicate the presence of a mineral resource land, but there are other indications that a resource land may be present, the Municipal Services Director designee shall make a determination whether a mineral resource delineation report shall be required. The report shall be prepared by a geologist or geotechnical engineer licensed as a Civil Engineer with the state of Washington.

If a valid mineral resources delineation report has been prepared within the previous two years for the specific site and the proposed land use development and site conditions have not changed, the report may be utilized without the requirement for a new report.

C. Mineral Resource Delineation Report Requirements. A mineral resource delineation report shall include at a minimum the following:

1. Topographic maps at a scale of suitable use by the Public Works Department.

2. Maps must show the boundaries of each permitting authority in the report area.

3. Mineral delineation reports for areas containing construction materials, MRA-2 shall include the following additional information for each such mineral commodity.

4. The summary report must determine the location and an estimate of the total quantity of construction material that is geologically available for mining in the location.

5. An estimate of the total quantity of each such construction material that will be needed to supply the requirement of the City and the marketing region in which it occurs for the next twenty years. The marketing region is defined as the area within which such material is usually mined and marketed. The amount of each construction material mineral resource needed for the next fifty years shall be projected using past consumption rates adjusted for anticipated changes in market conditions and mining technology. These estimates shall be periodically reviewed.

D. Mineral Resource Delineation Report Assessment. If it is satisfactorily demonstrated within the mineral resources delineation report that mineral resources of long-term commercial significance do not exist on the site, the requirements of this section shall be waived.

E. Regulated Activities. All development proposals requiring a land use permit or license, unless specifically exempted, shall be regulated to include, but not limited to:

1. Dumping, discharging or filling with any material.

2. Draining, flooding, or disturbing the water level or water table.

3. Alteration of the size of any structure or infrastructure except repair of an existing structure or infrastructure, where the existing square footage or foundation footprint is not altered.

F. Exempt Activities. The following activities shall be exempt from the provisions of this chapter:

1. Existing and ongoing agricultural activities, including crop production and grazing.

2. Maintenance, operation, and normal repair of existing roads, streets, utility lines and associated structures; provided, that reconstruction of any such facility does not extend outside the scope of any designated easement or right-of-way.

3. Normal maintenance and reconstruction of structures; provided, that reconstruction may not increase the existing ground coverage.

4. Site study work such as surveys, soil logs, and other related activities, necessary for the submittal of land use application.

5. Activities determined by the Director as having minimal adverse impact, such as passive recreational uses, sport fishing or hunting, scientific or educational programs.

6. Residential development.

7. Extensive industrial use.

8. Land reserved as open space.

G. Petition for Mineral Lands Classification. Petitions may be brought before the Planning Commission by any individual or organization to classify mineral lands that are claimed to contain significant mineral deposits and which are claimed to be threatened by land uses incompatible with the extraction thereof. Classification is a prerequisite to designation of local, regional, or statewide significance. Petitions submitted to the Planning Commission shall include the following information:

1. The petitioner’s name, mailing address, and interest (beneficial, jurisdictional, or other) in the area to be considered for designation.

2. A map of a suitable scale showing the boundaries of the MRA or SRS area the petitioner wishes to be designated.

3. The reasons for requesting designation.

4. A completed Washington State Department of Ecology SEPA environmental checklist.

5. The name and mailing address of each recorded land owner and each recorded lessee in and adjoining the area described. The Planning Commission shall then evaluate the data submitted in the petition as to their accuracy and sufficiency. If the Planning Commission finds that the petition contains sufficient information and arguments to require a public hearing, then the Planning Commission shall schedule a hearing to consider the petition.

H. Termination of Designation Status. Petitions may be brought before the Planning Commission to terminate the designated status of mineral lands. Petitions submitted to the Planning Commission shall include at a minimum the following information:

1. The petitioner’s name, mailing address, and interest (beneficial, jurisdictional or other) in the petitioned area.

2. A map of suitable scale and legal description of the petitioned area.

3. Reference to the specific action which designated the area.

4. The reasons and supporting data as to why the designation of MRA or SRS is no longer necessary.

I. Environmental Compliance. Petitioners requesting designation of MRA or SRS, or termination of designation of MRA or SRS, must meet requirements of the Quincy Municipal Code. (Ord 25-635 §2 (Ex A))

21.08.120 Wetlands. Revised 9/25

A. General. "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do 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 nonwetland 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.

Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. (RCW 36.70A.030(48))

Wetlands will be rated according to the Washington 4-Tier Wetlands Rating System developed by the state of Washington Department of Ecology.

Wetlands are classified into Category I, Category II, Category III, and Category IV based on the adopted Washington State Wetland Rating System for Eastern Washington: 2014 Update, or as revised (Ecology Publication No. 14-06-030).

B. Development Standards. Not applicable. There are no wetlands in the City of Quincy.

If the City of Quincy annexes land with wetlands present, or if the best available science determines wetlands to be present within City limits, the City and the property owner shall outline interim standards such as buffers or mitigation measures either in the development agreement adopted as part of the annexation or in the conditions of approval as part of any other development permit application, until this title is amended to include specific development standards for wetlands. (Ord 25-635 §2 (Ex A))

21.08.130 Critical aquifer recharge areas. Revised 9/25

A. General.

1. Category I critical aquifer recharge areas include those mapped areas that the City of Quincy has determined are highly susceptible to groundwater contamination and that are located within a sole source aquifer or a wellhead protection area mapped on the Washington State Department of Health Office of Drinking Water Source Water Assessment Program (SWAP) Mapping.

2. Category II critical aquifer recharge areas include those mapped areas that the City of Quincy has determined:

a. Have a medium susceptibility to groundwater contamination and are located in a sole source aquifer or a wellhead protection area; or

b. Are highly susceptible to groundwater contamination and are not located in a sole source aquifer or wellhead protection area.

3. Discharge into the groundwater of the City shall not contribute contaminants nor facilitate degradation of recharge areas. Development approvals shall ensure that all best management practices are employed to avoid contributing pollutants into aquifer recharge areas. The requirement for a site analysis shall be based on detailed information on the following items:

a. Hydrogeologic susceptibility to contamination and contamination loading potential.

b. Depth to groundwater.

c. Hydraulic conductivity and gradient.

d. Soil (texture, permeability, and containment attenuation).

B. Development Standards.

1. Development proposals for a single-family residential dwelling, accessory dwelling unit (ADU), or accessory structure that meets the following conditions shall be exempt from the hydrogeologic evaluation requirements under this section:

a. The structure is connected to a public sewer system or has an approved septic permit from the Grant County Health District.

b. The development complies with all stormwater management standards as outlined in the Ecology Eastern Washington Stormwater Manual.

c. This exemption does not apply to developments that include commercial or industrial uses, involve hazardous material storage, or are located within a designated critical aquifer recharge area requiring additional review based on site-specific conditions.

2. New development in a critical aquifer recharge area shall meet the following standards:

a. The proposed development will not cause contaminants to enter the aquifer and will not significantly adversely affect the recharging of the aquifer.

b. The proposed development must comply with applicable water source protection requirements and recommendations of the Federal Environmental Protection Agency, Washington State Department of Health, Washington State Department of Ecology, and the Grant County Health Department.

c. The proposed development must be designed and constructed in accordance with applicable Ecology Eastern Washington storm water management standards, Ecology NPDES Industrial Stormwater General Permit, and/or Ecology NPDES Construction Stormwater General Permit.

3. When located within an area of medium or high aquifer susceptibility, aboveground/underground storage tanks or vaults for the storage of hazardous substances, animal wastes, sewage sludge, fertilizers, or other chemical or biological hazards or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by Grant County Public Health, consistent with Chapter 173-303 WAC, as a risk to groundwater quality, shall be designated and constructed so as to:

a. Prevent the release of such substances to the ground, groundwaters, or surface waters;

b. Be contained or enclosed by an impervious containment area with a volume greater than the volume of the storage tank or vault to avoid an overflow of the containment area;

c. Provide for release detection;

d. Provide written spill response and spill notification procedures to the local fire district;

e. Use material in the construction or lining of the storage containment area which is compatible with the substance to be storage to protect against corrosion or leakage or otherwise designed in a manner to prevent the release or threatened release of any storage substance;

f. Comply with Chapters 173-303 and 173-360A WAC; and

g. The tanks must comply with Ecology regulations contained in Chapters 173-360A and 173-303 WAC as well as International Building Code requirements.

4. The City may grant a waiver from one or more of the above requirements (in subsections (2)(a) through (2)(g) of this section) upon a finding that the aboveground storage activity would not create a significant risk to groundwater quality. Aboveground or underground storage facilities designed and maintained according to an approved plan from the Natural Resources Conservation Service or Grant County Conservation District are exempt from these requirements but remain under the jurisdiction of the City to ensure compliance with the protective features of this section and for enforcement purposes.

5. The use of fertilizers, herbicides, pesticides, or other chemical for vegetation management within critical aquifer recharge areas shall adhere to the best management practices to prevent impacts to water quality and water supply. Where the application of such chemicals covers five or more acres, a mitigation plan shall be required pursuant the regulations listed below.

6. The following development activities, when proposed in medium or high susceptibility critical aquifer recharge areas, have the potential to adversely affect groundwater quality and/or quantity and may only be allowed subject to the City’s review and approval of a special hydrogeological assessment prepared by a qualified professional:

a. Vehicle repair, servicing, and salvaging facilities; provided, that the facility 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. Dry wells shall not be allowed 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 Ecology prior to the commencement of the proposed activity.

b. Use of reclaimed wastewater must be in accordance with adopted water or sewer comprehensive plans that have been approved by Ecology.

c. Any other development activity that the City determines is likely to have a significant adverse impact on groundwater quality or quantity, or on the recharge of the aquifer. The determination must be made based on credible scientific information.

d. New landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste of more than two thousand cubic yards, and inert and demolition waste landfills.

e. 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.

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

g. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl tertiary butyl ether (MTBE).

h. Farmland working with the Columbia Basin Conservation District to enter into and develop a Voluntary Stewardship Program focused around stewardship strategies vs triggering a regulatory approach.

7. State and Federal Regulations. The uses listed below in Table 21.08.130 shall be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations.

Table 21.08.130
Activity	Statute – Regulation – Guidance
Processing, Printing and Publishing Shops, etc.	Chapter 173-303 WAC
Injection Wells	Federal 40 CFR Parts 144 and 146, Chapter 173-218 WAC
Spills and Discharges Into the Environment	WAC 173-303-145
Junk Yards and Salvage Yards	Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicles Recycler Facilities (Washington State Department of Ecology WDOE 94-146)
Oil and Gas Drilling	WAC 332-12-450, Chapter 173-218 WAC
On-Site Sewage Systems (Large Scale)	Chapter 173-240 WAC
On-Site Sewage Systems (< 14,500 gal/day)	Chapter 246-272 WAC, Local Health Ordinances
Pesticide Storage and Use	Chapter 15.54 RCW, Chapter 17.21 RCW
Sawmills	Chapter 173-303 WAC, 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (Washington State Department of Ecology WDOE 95-53)
Solid Waste Handling and Recycling Facilities	Chapter 173-304 WAC
Surface Mining	WAC 332-18-015
Wastewater Application to Land Surface	Chapter 173-216 WAC, Chapter 173-200 WAC, WDOE Washington State Department of Ecology Land Application Guidelines, Best Management Practices for Irrigated Agriculture
Aboveground Storage Tanks	WAC 173-303-640
Animal Feedlots	Chapter 173-216 WAC, Chapter 173-220 WAC
Automobile Washers	Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (Ecology WO-R-95-56)
Below Ground Storage Tanks	Chapter 173-360A WAC
Chemical Treatment Storage and Disposal Facilities	WAC 173-303-282
Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic)	WAC 173-303-170

(Ord 25-635 §2 (Ex A))

21.08.140 Frequently flooded areas. Revised 9/25

A. General. Frequently flooded areas are areas that are subject to a one percent or greater chance of flooding in any given year as identified by the Federal Emergency Management Administration.

B. Development Standards. Not applicable. There are no frequently flooded areas within the City of Quincy UGA.

If the City of Quincy annexes land with frequently flooded areas, or if the best available science determines frequently flooded areas to be present within City limits, the City and the property owner shall outline interim development standards either in the development agreement adopted as part of the annexation or in the conditions of approval as part of any other development permit application, until this title is amended to include specific development standards for frequently flooded areas. (Ord 25-635 §2 (Ex A))

21.08.150 Geologically hazardous areas. Revised 9/25

A. General. "Geologically hazardous areas" means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns (RCW 36.70A.030(20)). These areas include erosion hazards, landslide hazards, seismic hazards, tsunami hazards, volcanic hazards, and channel migration zones. The siting of residential, commercial, or industrial development within these areas is a potential hazard.

B. Development Standards. Not applicable. There are no geologically hazardous areas within the City of Quincy UGA.

If the City of Quincy annexes land with geologically hazardous areas, or if the best available science determines geologically hazardous areas to be present within City limits, the City and the property owner shall outline interim development standards either in the development agreement adopted as part of the annexation or in the conditions of approval as part of any other development permit application, until this title is amended to include specific development standards for geologically hazardous areas. (Ord 25-635 §2 (Ex A))

21.08.160 Fish and wildlife habitat conservation areas. Revised 9/25

A. General.

1. "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species (WAC 365-190-030(6)(a)).

2. "Waters of the state" include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington (RCW 90.48.020). All waters of the state are designated as fish and wildlife habitat conservation areas.

3. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company (WAC 365-190-030(6)(c)).

4. The priority habitat and species (PHS) list includes species and habitats for which special conservation measures should be taken. Priority habitats are habitat types or elements with unique or significant value to a large number of species. Priority species include state endangered, threatened, sensitive, and candidate species; vulnerable animal groups; and vulnerable species of recreational, commercial, or tribal importance.

B. Development Standards. Not applicable. There are no priority habitat and species or fish and wildlife habitat conservation areas within the City of Quincy UGA.

If the City of Quincy annexes land with priority habitat and species or fish and wildlife habitat conservation areas, or if the best available science determines priority habitat and species or fish and wildlife habitat conservation areas to be present within City limits, the City and the property owner shall outline interim development standards either in the development agreement adopted as part of the annexation or in the conditions of approval as part of any other development permit application, until this title is amended to include specific development standards for priority habitat and species or fish and wildlife habitat conservation areas. Development standards shall be consistent with WAC 365-190-130. (Ord 25-635 §2 (Ex A))

21.08.170 Existing structures and developments. Revised 9/25

Lawfully existing structures and previously approved developments prior to the adoption of this section shall be allowed to continue as exemptions from this chapter. It is the intention of this chapter to allow these nonconforming uses to continue and to allow previously approved developments to commence without any additional review procedures. In addition to the requirements of this section, the requirements of QMC for nonconforming uses shall apply. (Ord 25-635 §2 (Ex A))

21.08.175 Reasonable use exception. Revised 9/25

A. If the application of this chapter would deny all reasonable economically viable use of the subject property, the property owner may apply for an exception pursuant to this section.

B. An application for a reasonable use exception shall include a critical areas report, including a mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents).

C. The hearing examiner shall review the application and conduct a public hearing pursuant to the hearing provisions of the development code. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the reasonable use permit criteria in subsection (D) of this section.

D. Reasonable Use Permit Criteria. All of the following criteria must be met:

1. The application of this chapter would deny all reasonable economically viable use of the property;

2. No other economically reasonable use of the property has less impact on the critical area or its buffer;

3. The impact to the critical area or its buffer is the minimum necessary to allow for reasonable use of the property;

4. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

5. The proposal protects and mitigates impacts to the critical area functions and values consistent with the best available science;

6. The inability to derive reasonable use is not the result of the applicant’s actions or that of a previous owner.

7. When intrusions into the critical area are proposed, the applicant/developer shall apply mitigation sequencing as needed for no net loss of ecosystem functions and values per WAC 365-196-830(4).

E. Burden of Proof. The applicant has the burden of proving that the application meets the stated reasonable use permit criteria. (Ord 25-635 §2 (Ex A))

21.08.180 Warning and disclaimer of liability. Revised 9/25

This chapter does not imply that land outside resource lands and critical areas or activities that are permitted within such areas will be free from exposure or damage resulting from catastrophic natural disasters, which can and will occur on rare occasions. This chapter shall not impose or create any liability on the part of the City of Quincy, elected or appointed officials, and/or employees thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord 25-635 §2 (Ex A))

21.08.190 Severability. Revised 9/25

If any section, sentence, clause, or phrase of this chapter, or the statutes adopted herein by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. (Ord 25-635 §2 (Ex A))

21.08.200 Abrogation and greater restrictions. Revised 9/25

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or state or federal laws and regulations. However, where this chapter and another ordinance, easement, covenant, deed restriction, state or federal law or regulation conflict or overlap, whichever imposes the more stringent restrictions as determined by the City shall prevail. (Ord 25-635 §2 (Ex A))