Chapter 18.25 CRITICAL AREAS

The ordinance codified in this chapter is intended to promote the maintenance, enhancement and preservation of critical areas and environmentally sensitive natural systems by avoiding or minimizing adverse impacts from construction and development. This chapter implements the goals and objectives of the Washington State Growth Management Act through the development and implementation of policies and regulations to protect the functions and values of critical areas in the interest and welfare of the public. It is not the intent of this chapter to deny a reasonable use of private and public property, but to assure that development on or near critical areas is accomplished in a manner that is sensitive to the environmental resources of the community. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.020 Goals.

In implementing the purposes stated in WRMC 18.25.010, it is the intent of this chapter to accomplish the following:

A. Protect environmentally sensitive natural areas and the functions they perform by the careful and considerate regulation of development;

B. Minimize damage to life, limb and property due to seismic activity, landslides and erosion on steep or unstable slopes;

C. Protect wetlands to the extent that there is no net loss of size, functions and values;

D. Protect and maintain stream flows and water quality within streams;

E. Preserve natural forms of flood control and stormwater storage, by avoiding alterations to drainage or stream flow patterns;

F. Protect aquifer recharge areas from development activities and practices that would be undesirable or harmful to the groundwater supply;

G. Protect, maintain and enhance areas highly suited for wildlife, and lands with which threatened, endangered, or sensitive species are known to have a primary association;

H. Protect and maintain critical fish and wildlife habitat conservation areas and corridors so as to avoid the creation of isolated subpopulations;

I. Enhance degraded critical fish and wildlife habitat conservation areas;

J. Implement the goals, policies and requirements of the Growth Management Act. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.030 Definitions.

For purposes of this chapter, the following definitions shall apply:

“Alteration” means any activity that materially affects the existing condition of land or improvements.

“Applicant” means the person, party, firm, corporation, or other legal entity that proposes an activity related to a critical area or its buffer. The applicant is either the owner of the land on which the proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

“Aquifer” means a subsurface, saturated geologic formation that produces, or is capable of producing, a sufficient quantity of water to serve as a private or public water supply.

“Aquifer recharge areas” means those areas that serve as critical groundwater recharge areas and that are highly vulnerable to contamination from intensive land uses within these areas.

“City” means the city of West Richland.

“Clearing” means the removal or disturbance of trees, bushes, grass, ground cover or other vegetative matter, to expose the ground.

“Compensatory mitigation” means mitigation for losses or impacts resulting from alteration of a protected critical area and/or its buffer. It includes, but is not limited to, creation, enhancement and restoration.

“Contaminant” means 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 areas” include the following areas and ecosystems: wetlands; 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. “Fish and wildlife habitat conservation areas” does 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.

“Critical fish and wildlife habitat conservation areas” means those areas identified as being of critical importance in the maintenance and preservation of fish, wildlife and natural vegetation, including waters of the state, but not including 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. Critical fish and wildlife habitat conservation areas are to be managed for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but does mean cooperative and coordinated planning to accomplish the purpose stated. Refer to WRMC 18.25.250.

“Department” means the West Richland department of community development.

“Designated wetland” means those lands identified through the classification process established by this chapter.

“Development” means alteration (see definition for “alteration”).

“Earth/earth material” means naturally occurring rock, soil, stone, sediment, organic material, or combination thereof.

“Enhancement” means actions performed to improve the conditions of an existing degraded critical area and/or its buffer so that the functions provided are of a higher quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, removing nonindigenous plant or animal species, and removing fill material from wetlands).

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.

“Erosion hazard areas” means those areas that are highly vulnerable to rapid erosion due to natural characteristics, including vegetative cover, soil texture, steep slope, or other factors induced by human activity. Those areas that contain soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Survey for Benton County Area (July 1971), may experience severe to very severe water erosion are included within this definition.

“Excavation” means the mechanical removal of earth material or fill.

“Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use or has lain idle both more than five years and so long that modifications to the hydrological regime are necessary to resume operations, unless the idle land is registered in a federal or state soils conservation program.

“Fill/fill material” means a deposit of earth material, placed by human or mechanical (machine) means, and which is not defined as solid waste according to Chapter 70.95 RCW.

“Filling” means the act of placing fill material on any surface.

Fish and Wildlife Habitat Areas. See “Critical fish and wildlife habitat conservation areas.”

“Flood hazard areas” means those areas within the city of West Richland which are determined to be at risk of having a one percent or greater chance of experiencing a flood in any one year (100-year floodplain), with those areas defined and identified on the Federal Emergency Management Administration (FEMA) flood insurance rate maps for the city of West Richland. Also known as “Frequently flooded areas.”

“Floodplain development permit” means the permit required by the city’s flood hazard ordinance.

“Frequently flooded areas” means flood hazard areas.

“Geological hazard buffer” means a natural area adjacent to a hillside or ravine that provides a margin of safety through protection of slope stability, attenuation of surface water flows, and erosion control. The buffer is intended to minimize risk to the public from loss of life or property damage from geological hazards such as water erosion, landslides, and seismic events.

“Geologically hazardous areas” means those areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, may not be suited to commercial, residential, or industrial development, consistent with public health or safety concerns. Some geological hazards can be reduced or mitigated by engineering, design, or modified practices so that the risks to health and safety are acceptable. Geologically hazardous areas are designated in the city of West Richland as erosion hazards, landslide hazards, or seismic hazards, and are further defined in WAC 365-190-080(4) and this title.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Grading permit” means the permit required by the city grading and clearing ordinance.

“Groundwater pollution” means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

“Habitat management plan” means a report prepared by a qualified wildlife biologist, as specified in WRMC 18.25.250(C)(3).

“Habitats of local importance” 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. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. Habitats of local importance to West Richland are identified in WRMC 18.25.250(A)(2).

“Hazardous substance” means any material that exhibits any of the characteristics or criteria of hazardous waste, inclusive of waste oil and petroleum products, and which further meets the definitions of “hazardous waste” pursuant to Chapter 173-303 WAC.

“Hillsides” means geologic features with slopes of 15 percent or greater.

“In-kind wetland mitigation” means to replace wetlands with substitute wetlands whose characteristics, functions, and values are intended to replicate those destroyed or degraded by a regulated activity.

“Landslide” means an abrupt downslope movement of soil, rock or ground surface material.

“Landslide hazard area” means those areas that are susceptible to risk of mass movement due to a combination of geologic, topographic and hydrologic factors. Examples may include, but are not limited to, those listed in WAC 365-190-080(4)(d). The city defines landslide hazard areas to include all slopes that have a slope stability factor of less than one and one-half for static conditions, or less than a one and two-tenths for dynamic conditions, as calculated by a qualified geotechnical engineer.

“Mitigation” means to avoid, minimize, or compensate for adverse impacts to a protected critical area and/or its buffer. When identifying proper mitigation of critical areas, the following methods shall be considered, in the order of priority listed:

1. Avoiding the impact altogether by not taking a certain action or parts of actions;

2. Minimizing the impacts by limiting the degree or magnitude of an action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected critical area to the conditions in existence prior to the start of the project;

4. Reducing or eliminating the impact over time through preservation and/or maintenance through the course of the action;

5. Compensating for the impact by replacing impacted areas, or by creating or enhancing substitute resources; and

6. Monitoring the impact and taking appropriate corrective measures.

“Out-of-kind wetland mitigation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity.

“Permanent erosion control” means continuous control measures that are needed to control conveyance or deposition of earth, turbidity or pollutants after development, construction, or restoration.

“Person” means an individual, firm, co-partnership, association or corporation.

“Priority species” and “priority habitat” means those species and areas identified by the Washington Department of Fish and Wildlife as species and habitat of concern, due to their population status and sensitivity to habitat alteration. While the listings represent priorities of those of the Department of Fish and Wildlife, the types of priority species and habitat listed in WRMC 18.25.250 are those regulated by this chapter, pursuant to WAC 365-190-080(5)(a).

“Pristine shrub-steppe habitat” means an environment with a healthy vegetative layer of perennial bunchgrasses and a conspicuous but discontinuous layer of shrubs, such as sagebrush and bitterbrush, and which lacks a significant percentage of invasive plant species, such as cheat grass, mustards, crested wheat grass, and Russian thistle (tumbleweed). For purposes of this definition, “significant” means more than a 15 percent cover of invasive plant species.

“Qualified stream biologist” means a person with a Bachelor of Science, or equivalent degree, in wildlife sciences, biology, fisheries, environmental sciences, soil science, limnology, or an equivalent academic background who also has at least two years of experience in stream restoration. A designated representative of a consulted public agency specializing in stream biology shall also constitute a qualified stream biologist.

“Qualified wetland specialist” is a professional wetland scientist with at least the equivalent of two years of full-time work experience as a wetlands professional, including wetland delineations using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

“Qualified wildlife biologist” means a person having, at a minimum, a bachelor’s degree in wildlife biology, wildlife science, wildlife ecology, wildlife management or zoology, or a bachelor’s degree in natural resource or environmental science plus 12 semester or 18 quarter hours on wildlife coursework and two years of professional experience. A designated representative of a consulted public agency specializing in wildlife biology shall also constitute a qualified wildlife biologist.

“Seismic hazard areas” means those areas which are susceptible to severe damage as the result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting.

“Significant impact” means a meaningful change or recognizable effect to the ecological function and value of a critical area, which is noticeable or measurable, resulting in a loss of function and value.

“Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way under the applicant’s ownership or control where the proposed project impacts a critical area(s).

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio (percentage) of vertical distance (rise) to horizontal distance (run) by the following formula:

V (vertical distance)/H (horizontal distance) x 100 = % slope

“Species of local importance” means a species of plant or animal that is of local concern due to their population status or their sensitivity to habitat manipulation.

“Stockpiling” means the placement of material with the intent to remove at a later time.

“Stream buffer zone” means a designated area contiguous or adjacent to a stream that is required for the continued maintenance, function, and structural stability of the stream. Functions of a stream buffer include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, protection from intrusion, or maintenance of wildlife habitat.

“Streams” means those areas where surface waters flow sufficiently to produce a defined channel or bed which demonstrates clear evidence of the passage of water, including, but not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water during the entire year. This definition does not include watercourses which were created entirely by artificial means, such as irrigation ditches, canals, roadside ditches, or storm or surface water runoff features, unless the artificially created watercourse contains salmonids or conveys a stream that was naturally occurring prior to the construction of the artificially created watercourse. For regulatory purposes under this chapter, once streams are identified, the streams are typed following the Washington State Department of Natural Resources Stream Typing System found in WAC 222-16-031, as now or hereafter amended.

“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland.

“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, sanitary sewer, irrigation, power, gas and communications, pipe, conduit, cable, irrigation canal, drain, storage or retention pond, or other similar facility.

“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, retention facilities, wastewater treatment facilities, irrigation ponds, 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.

“Wetland analysis report” means a report prepared by a qualified consultant that identifies, characterizes, and analyzes potential impacts to a wetland consistent with applicable provisions of these regulations.

“Wetland buffer zone” means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and structural stability of the wetland. Functions of a buffer include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, protection from intrusion, or maintenance of wildlife habitat. For information on permitted uses in the wetland buffer zone, see WRMC 18.25.130.

“Wetland category” means one of four categories assigned to wetlands when using Ecology’s Washington State Wetland Rating System for Eastern Washington (revised) Publication No. 14-06-030. The categories lump wetlands together which have similar sensitivity to disturbance, rarity, and functions. The three functions rated include water quality improvement, hydrologic support, and habitat. For a complete description of the four different categories, see WRMC 18.25.060.

“Wetland class” means the U.S. Fish and Wildlife Service wetland classification scheme using a hierarchy of systems, subsystems, classes and subclasses to describe wetland types (refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United States for a complete explanation of the wetland classification scheme). Eleven class names are used to describe wetland and deepwater habitat types. These include: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland, unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, streambed, and reef.

“Wetland delineation” means the flagging or staking in the field of the edges of the wetland by a qualified consultant or their representative, in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplements.

“Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. This term includes activities commonly associated with enhancement, management, manipulation, and directed alteration.

“Wetland establishment (wetland creation)” means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Establishment results in a gain in wetland acres.

“Wetland protection/maintenance (preservation)” means the removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes the purchase of land or easements, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term “preservation.” Preservation does not result in a gain of wetland acres and will be used only in exceptional circumstances.

“Wetland restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into:

1. Reestablishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres.

2. Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.

“Wildlife habitat” means areas that provide food, protective cover, nesting, breeding, or movement for fish or wildlife, and with which an individual species has a primary association. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.035 Best available science.

A. The Growth Management Act requires jurisdictions to include the best available science when designating and protecting critical areas. The Growth Management Act also requires the implementation of conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat (WAC 365-195-900 through 365-195-925). Anadromous fish are those that spawn and rear in freshwater and mature in the marine environment.

B. Best available science shall be used in developing policies and development regulations to protect the functions and values of critical areas. 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. The best available science is that scientific information applicable to the critical area, as prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.040 Applicability.

A. Critical Area Review. All development proposals in critical areas and their required buffers, whether on public or private property, shall comply with the requirements of this chapter. The community development director or his/her designee shall utilize the procedures and rules established in Chapter 18.04 WRMC, Environmental Review (SEPA), and the applicable provisions of WRMC Title 14, Administration of Development Regulations, to implement the provisions of this chapter. Development proposals include any development project which would require any of the following:

1. Building permit for any construction;

2. Clearing and grading permit;

3. Any shoreline management permit, as authorized under Chapter 90.58 RCW;

4. Site plan review;

5. Subdivision, short subdivision, or planned unit development;

6. Zoning variance or conditional use permit.

B. Lands may contain more than one type of critical area. In the event of a difference or conflict among regulations, those regulations or procedures that provide greater protection to the environmentally sensitive area shall apply.

C. Special Studies Required. When an applicant submits an application for any development proposal, the application shall indicate whether any critical area is located on the site. The community development director or designee shall visit the site, and, in conjunction with the review of the information provided by the applicant and any other suitable information, shall make a determination as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient to adequately evaluate a proposal, the planning director shall notify the applicant that additional studies as specified herein shall be provided.

D. Applicability to SEPA. None of the regulations contained in this chapter shall preclude or diminish the authority to require mitigation of significant environmental impacts through SEPA.

E. Appeals. A decision of the community development director to approve, conditionally approve or deny a permit, or any official interpretation in the administration of this chapter, may be appealed in accordance with the procedures established under WRMC Title 14. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.050 Wetlands – Designation and mapping.

A. Pursuant to WAC 365-190-080(1), the city designates wetlands as critical areas defined in this chapter.

B. The approximate location and extent of wetlands are shown on the city’s critical area wetland map. The map is to be used as a guide and may be updated as additional information becomes available. The map is for reference only, and does not provide final wetland designations. Mapping sources used to create the city’s wetland map include:

1. Wetland areas designated on the national wetland inventory maps;

2. Wetland areas identified through aerial photos and field observations;

3. Wetland areas identified in the city of West Richland’s SMP Inventory and Characterization Report. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.060 Wetlands – Classification guidelines/ratings.

A. A qualified wetland specialist shall identify wetlands and delineate their boundaries pursuant to this chapter in accordance with RCW 90.58.380, WAC 173-22-035, and the approved Federal Wetland Delineation Manual and applicable regional supplements. Guidelines for preparing a wetland delineation report are defined in WRMC 18.25.100 and the 1987 Federal Manual used by the U.S. Army Corps of Engineers.

B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology’s 2014 Washington State Wetland Rating System for Eastern Washington (Ecology Publication No. 14-06-030) or most current version as updated by Washington State Department of Ecology. The document contains the definitions and methods for determining if the criteria below are met. In the case of a wetland violation, the rating shall be based on the likely condition of the wetland before the unauthorized disturbance occurred.

1. Wetland Rating Categories.

a. Category I Wetlands. Category I wetlands are those that represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that are impossible or too difficult to replace within a human lifetime, and provide a high level of functions. The following types of wetlands are Category I:

i. Alkali wetlands;

ii. Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/Washington State Department of Natural Resources (DNR);

iii. Bogs and calcareous fens;

iv. Mature and old growth forested wetlands over one-quarter acre with slow growing trees;

v. Forest wetlands with stands of aspen;

vi. Wetlands scoring between 22 and 27 points (out of 27) in the Eastern Washington Wetland Rating System.

b. Category II Wetlands. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but still need a relatively high level of protection. Category II wetlands include:

i. Forested wetlands in the floodplain of rivers;

ii. Mature and old-growth forested wetlands over one-quarter acre with native fast growing trees;

iii. Vernal pools;

iv. Wetlands scoring between 19 and 21 points (out of 27) in the Eastern Washington Wetland Rating System.

c. Category III Wetlands. Category III wetlands have a moderate level of functions (scores between 16 and 18 points). These wetlands can often be adequately replaced with a well planned mitigation project. Wetlands scoring between 16 and 18 points generally have been disturbed in some way, and are often less diverse and more isolated from other natural resources in the landscape than Category II wetlands.

d. Category IV Wetlands. Category IV wetlands have the lowest levels of functions, scoring less than 16 points in the Eastern Washington Wetland Rating System, and are often heavily disturbed. These are wetlands that should be able to be replaced, and in some cases improved. These wetlands may provide some important functions, and also need to be protected. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.070 Wetlands – Regulated activities.

A. Unless specifically exempted by WRMC 18.25.510, the following activities in a wetland and/or its associated buffer shall be regulated pursuant to the requirements of this chapter. The regulated activities are as follows:

1. Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

2. Dumping, discharging or filling with any material;

3. Draining, flooding or disturbing the water level or water table;

4. Constructing, reconstructing, demolishing or altering 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;

5. Destroying or altering native vegetation through clearing, harvesting, cutting, intentional burning, shading or planting nonnative vegetation that would negatively alter the functions of the wetland; and

6. Activities from construction or development that result in significant, adverse changes in water temperature, physical or chemical characteristics of wetland water sources, including quantity and pollutants.

B. Activities listed in subsection A of this section that are near a wetland, but do not result in alteration of a wetland and/or its associated buffer, may require fencing or marking along the outside perimeter of the buffer, and/or erosion control measures. Protection of the buffer should be documented through photos and written description. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.080 Wetlands – Permitting process.

A. Overview. Inquiries regarding conduct of a regulated activity in or near a wetland can be made to the department. The department shall utilize the city’s critical area wetland map to establish general location of wetland sites. If the maps indicate the presence of a wetland, a wetland analysis report shall be filed, unless the department determines that a wetland and its associated buffer are not on or within the site. This determination may be based on information provided by the applicant and from other sources. If the map does not indicate the presence of a wetland or wetland buffer zone within the site, but there are other indications that a wetland may be present, the department shall determine whether a wetland analysis report is required. Refer to WRMC 18.25.100 for the wetland analysis report requirements.

B. Permit Requirements. No separate application is required to conduct a review of a wetland or its associated buffer. Review of regulated activities within a wetland and wetland buffer is subject to the permit processing procedure for the required permit type as defined under WRMC Title 14. If no other project permit review is required, the wetland review shall be conducted under the Type II review procedure. The department shall utilize existing environmental review procedures, as set forth in Chapter 18.04 WRMC, Environmental Review (SEPA), to assess impacts to wetlands and impose required mitigation. Department review of proposed alterations to wetlands and buffer areas and a wetland mitigation plan may be required prior to issuance of a SEPA determination by the city’s SEPA responsible official.

C. The applicant may request a preapplication conference in accordance with the procedures established in WRMC 14.02.010 prior to submitting any report or plan required by this chapter.

D. Request for Official Determination. A request for an official determination of whether a proposed use or activity at a site is subject to this chapter must be in writing and made to the city’s office of community and economic development. The request shall contain plans, data and other information in sufficient detail to allow for such determination, including a wetland delineation report. The applicant shall be responsible for providing plans and the wetland delineation report to the department.

E. If, after a site inspection of the property, review of the wetland map, or review of other information about the site, the department has reason to believe that the proposed activity or development may occur within a wetland, or within a potential wetland buffer, a wetland analysis report shall be submitted to the department for review. The purpose of the wetland analysis report is to determine the extent and function of the wetland(s) to be impacted by the proposal. See WRMC 18.25.100 for the wetland analysis report requirements. If, after an inspection of the site, the department determines that the proposed project is not within a wetland or wetland buffer, such determination shall be indicated to the applicant in writing, and a wetland analysis report shall not be required.

F. Prior to development of a property that contains a classified wetland, the boundaries of the wetland and associated buffer shall be staked and flagged in the field by a qualified wetland specialist and surveyed by a licensed professional surveyor registered in the state. Field flagging shall be distinguishable from other survey flagging on the site. A survey drawing shall be prepared depicting the wetland boundary and buffer, and corresponding topographic information, in relation to the property boundary.

G. If alteration of a wetland or buffer is proposed, a wetland mitigation plan shall be submitted pursuant to the requirements of this chapter. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.090 Wetlands – Administration.

A. Notice and Title.

1. Notice. Upon submission of a complete application for a wetland development approval, notice shall be provided to consulted agencies in accordance with WRMC Title 14.

2. Notice of Title. The owner of any private property with a field-verified wetland or wetland buffer, on which a development proposal is submitted, shall file for record with the Benton County auditor a notice approved by the department in a form substantially as set forth below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The notice shall be notarized and shall be recorded prior to approval of any development of such site. The notice shall run with the land and shall be substantially in the following form:

WETLAND AND/OR WETLAND BUFFER NOTICE
Legal Description:
_________________________________
_________________________________
_________________________________
Present Owner:____________________
NOTICE: This property contains wetlands or their buffers as defined by City of West Richland Ordinance. Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Contact the City of West Richland for more information.
______________	___________________
Date	Owner’s Signature

B. Other Laws and Regulations. No approval granted pursuant to this chapter shall remove an obligation to comply with the applicable provisions of any other federal, state or local law or regulation.

C. Atlas. The department shall include all known and suspected wetlands on the city’s critical area wetland map. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.100 Wetlands – Analysis report requirements.

A. A wetland analysis report, when required, shall be prepared by a qualified wetland specialist and submitted to the department as part of the SEPA review process established by Chapter 18.04 WRMC, Environmental Review (SEPA). A wetlands analysis report is not required for those wetlands previously mapped and classified, unless the department finds that the characteristics of the wetland have significantly changed based on Ecology and U.S. Army Corps of Engineers’ direction. A wetlands analysis report is required with all annexation petitions, land use applications and shoreline applications for properties that the department has reason to believe may contain a wetland or wetland buffer.

B. The wetland analysis report shall be prepared in accordance with the methods outlined in the approved Federal Wetland Delineation Manual and applicable regional supplements, and submitted to the department for review.

C. Within 60 days of receipt of the wetland analysis report and other information, the department shall evaluate submitted materials to determine consistency with this chapter regarding the appropriate wetland category, buffering requirement, and required mitigation. The report shall be accorded substantial weight and the department shall approve the report’s findings and approvals, unless specific, written reasons are provided which justify not doing so. Once accepted, the report shall control future decision making related to the designated wetland unless new information is found demonstrating the report is in error or conditions which control wetland boundary locations have changed since the report was written. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.110 Wetlands – Buffer areas.

A. Following the determination of the wetland category (I through IV), the department shall determine appropriate buffer widths. Wetland buffers shall be evaluated for all development proposals and activities adjacent to wetlands to determine their need to protect the integrity, functions and values of the wetland. Wetland buffer widths are determined by the category of wetland, the intensity of impacts of a land use, and the functions or special characteristics of the wetland that need to be protected, as determined by the rating system and the tables of this section. All wetland buffer zones are measured perpendicular from the wetland boundary as surveyed in the field.

Except as otherwise permitted by this chapter, wetland buffers shall consist of a relatively intact native vegetation community adequate to protect the wetland functions and values at the time of the proposed activity. If the existing vegetation is disturbed (grazed, mowed or heavily infested with nonnative plants), or otherwise inadequate to protect the wetland from the effects of the proposed development, then the buffer width shall be rehabilitated with native plant communities that are appropriate for the site. The buffer rehabilitation shall be conducted prior to, or in conjunction with, development of the property.

B. Impact of Land Use. Different uses of land have different potential levels of impacts to wetlands. To recognize the different levels of impact, the buffer shall be based on the level of impact categorized according to the following table:

Level of Impact from Land Use	Types of Land Uses Based on Common Zoning Categories
High	• Commercial • Urban • Industrial • Institutional • Retail sales • Residential (more than 1 unit/40,000 sq. ft.) • High-intensity recreation (ball fields, golf driving ranges, gun ranges, clubhouses, recreational buildings, etc., and associated parking lots) • High-intensity farming practices (greenhouses, nurseries, animal pens and barns, etc.)
Moderate	• Residential (less than or equal to 1 unit/40,000 sq. ft.) • Moderate-intensity open space (golf course fairways, community park facilities and pathways not listed above, etc.) • Conversion to moderate-intensity agriculture (orchards, hay fields, etc.) • Driveways serving 3 or more residences • Utility corridor or utility right-of-way containing an access/maintenance road wider than 10' in width
Low	• Low-intensity open space (hiking, bird watching, neighborhood parks without parking, preservation of natural resources, etc.) • Driveways serving 1 or 2 residences • Unpaved trails 8' or less in width (nonmotorized) • Utility corridor without an access/maintenance road, or with a pervious access/maintenance road 10' or less in width, and little or no vegetation management

Level of Impact from Land Use

Types of Land Uses Based on Common Zoning Categories

High

• Commercial

• Urban

• Industrial

• Institutional

• Retail sales

• Residential (more than 1 unit/40,000 sq. ft.)

• High-intensity recreation (ball fields, golf driving ranges, gun ranges, clubhouses, recreational buildings, etc., and associated parking lots)

• High-intensity farming practices (greenhouses, nurseries, animal pens and barns, etc.)

Moderate

• Residential (less than or equal to 1 unit/40,000 sq. ft.)

• Moderate-intensity open space (golf course fairways, community park facilities and pathways not listed above, etc.)

• Conversion to moderate-intensity agriculture (orchards, hay fields, etc.)

• Driveways serving 3 or more residences

• Utility corridor or utility right-of-way containing an access/maintenance road wider than 10' in width

Low

• Low-intensity open space (hiking, bird watching, neighborhood parks without parking, preservation of natural resources, etc.)

• Driveways serving 1 or 2 residences

• Unpaved trails 8' or less in width (nonmotorized)

• Utility corridor without an access/maintenance road, or with a pervious access/maintenance road 10' or less in width, and little or no vegetation management

C. The buffer widths typically needed to protect Category IV wetlands in West Richland (for wetlands scoring less than 16 points for all functions) are as follows:

Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Recommended Protection Measures
Score for all 3 basic functions is less than 16 points	Low – 25 feet Moderate – 40 feet High – 50 feet	Maintain any existing connections with other wetlands, open space or habitat conservation areas

Wetland Characteristics

Buffer Widths by Impact of Land Use

Other Recommended Protection Measures

Score for all 3 basic functions is less than 16 points

Low – 25 feet

Moderate – 40 feet

High – 50 feet

Maintain any existing connections with other wetlands, open space or habitat conservation areas

D. The buffer widths typically needed to protect Category III wetlands in West Richland (for wetlands scoring 16 to 18 points for all functions) are as follows:

Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Recommended Protection Measures
Moderate level of function for habitat (score for habitat 5 – 7 points)	Low – 75 feet Moderate – 110 feet High – 150 feet	Maintain any existing connections with other wetlands, open space or habitat conservation areas
Not meeting the above characteristics	Low – 40 feet Moderate – 60 feet High – 80 feet

Wetland Characteristics

Buffer Widths by Impact of Land Use

Other Recommended Protection Measures

Moderate level of function for habitat (score for habitat 5 – 7 points)

Low – 75 feet

Moderate – 110 feet

High – 150 feet

Maintain any existing connections with other wetlands, open space or habitat conservation areas

Not meeting the above characteristics

Low – 40 feet

Moderate – 60 feet

High – 80 feet

E. The buffer widths typically needed to protect Category I and II wetlands in West Richland are as follows:

Wetland Characteristics	Buffer Widths by Impact of Land Use	Other Recommended Protection Measures
High level of function for habitat (score for habitat 8 – 9 points)	Low – 100 feet Moderate – 150 feet High – 200 feet	Maintain any existing connections with other wetlands, open space or habitat conservation areas
Not meeting the above characteristics	Low – 75 feet Moderate – 110 feet High – 150 feet

Wetland Characteristics

Buffer Widths by Impact of Land Use

Other Recommended Protection Measures

High level of function for habitat (score for habitat 8 – 9 points)

Low – 100 feet

Moderate – 150 feet

High – 200 feet

Maintain any existing connections with other wetlands, open space or habitat conservation areas

Not meeting the above characteristics

Low – 75 feet

Moderate – 110 feet

High – 150 feet

F. Wetland Buffer Increases. The department may require increased buffer widths in accordance with the recommendations of a qualified wetland specialist and best available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on site-specific characteristics. This determination shall be reasonably related to protection of the functions and values of the regulated wetland. Such determination shall demonstrate that:

1. A larger buffer is necessary to maintain viable populations of existing protected species or species of local importance; or

2. The wetland is used by species listed by the federal government or the state as endangered, threatened, or sensitive species; or

3. The adjacent land is susceptible to impact from severe erosion and erosion control measures will not effectively prevent adverse impact to the wetland; or

4. The adjacent land has minimal vegetative cover, or slopes greater than 30 percent.

G. Building Setback. A 15-foot building setback is required from the edge of the wetland buffer for all buildings, except utility buildings/facilities and except residential accessory buildings exempt from rear or side setback requirements.

H. Where a legally established developed roadway transects a wetland buffer, the director may approve a modification of the minimum required buffer width to the edge of the roadway if the part of the buffer on the other side of the road does not provide any significant buffer functions to protect the wetland in question. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.120 Wetlands – Alteration of buffers.

A. Wetland Buffer Reductions. Buffer width reductions shall be considered on a case-by-case basis to take varying values of individual portions of a given wetland into consideration. Reductions may be allowed where the applicant demonstrates to the department that the wetland contains variations in sensitivity due to existing physical characteristics and that reducing the buffer width would not adversely affect the wetland functions and values. A wetland buffer shall typically not be reduced more than 25 percent, and in no case shall a buffer be reduced solely to accommodate unauthorized actions (also known as code violations) that have degraded the buffer.

1. Decision Criteria. Prior to approval, a buffer reduction proposal shall meet all of the decisional criteria listed below. The buffer modification will be approved in a degraded wetland buffer only if:

a. The project will provide an overall improvement in water quality protection for the wetland; and

b. The project will not adversely affect fish or wildlife species and will provide an overall enhancement to fish and wildlife habitat; and

c. The project will provide a net improvement in drainage and/or stormwater detention capabilities; and

d. All exposed areas are stabilized with native vegetation, as appropriate; and

e. The reduction will not lead to unstable earth conditions or create an erosion hazard; and

f. The reduction will not be materially detrimental to any other property or the city as a whole.

2. Buffer Enhancement Plan. As part of the buffer reduction request, the applicant shall submit a buffer enhancement plan prepared by a qualified wetland specialist. The report shall assess the habitat, water quality, stormwater detention, groundwater recharge, shoreline protection (if applicable), and erosion protection functions of the buffer; assess the effects of the proposed modification on those functions; and address the six decision criteria listed in subsection (A)(1) of this section; and demonstrate no net loss of ecological function. The buffer enhancement plan shall also provide the following:

a. A map locating the specific area of enhancement;

b. A planting plan that uses native plant species, including ground cover, shrubs, and trees;

c. Provisions for monitoring and maintenance over the monitoring period.

B. Wetland Buffer Width Averaging. Buffer width averaging shall be considered on a case-by-case basis when the proposed averaging is in accordance with an approved wetland mitigation plan and best available science. Buffer averaging shall not be used in conjunction with the provisions for buffer reductions in this section. Averaging of buffer widths may only be allowed where a qualified wetland specialist demonstrates that:

1. It will not reduce wetland functions or values;

2. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;

3. 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;

4. The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

5. The buffer width is not reduced, at any single point, to less than 50 percent of the standard buffer width. Reductions to less than 75 percent of the typical buffer width should be avoided where possible. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.130 Wetlands – Permitted uses in buffer areas.

The following activities are permitted within the wetland buffer; provided, that any impacts or damage to the wetland buffer is fully mitigated through the requirements of this chapter. In planning and constructing these activities, reasonable measures shall be taken to protect any trees. Also, see WRMC 18.25.510 for generally exempt activities.

A. Wells and necessary appurtenances associated with single-family dwellings, including a pump and appropriately sized pump house, may be allowed in a wetland buffer if city water is not available within 200 feet of the property and there are no other alternative locations available for a well on the property. In such case, the well shall be constructed such that it does not withdraw water from any shallow upper aquifer, or allow water from the wetland to infiltrate into the well hole directly. Any disturbance to the wetland buffer area as a result of the well installation shall be restored in a timely manner.

B. Trails no more than five feet in width, observation areas, and viewing platforms; provided, that in the case of Category I wetlands, the minimum distance from the wetland edge is not less than 50 percent of the Category I buffer width established in WRMC 18.25.110. A decrease in the required buffer width through buffer width averaging or other means does not indicate a corresponding decreased distance from a Category I wetland edge for trails, observation areas, and viewing platforms. Trails shall generally be located towards the perimeter of the buffer (in the outer 25 percent), and directly perpendicular to the wetland in the case of trails to observation areas and viewing platforms.

C. The placement of underground utility lines, residential on-site septic drain fields meeting the requirements of the Benton-Franklin Health District when city sewer is not available, and bioswales and detention/retention facilities for on-site stormwater treated by biofiltration or other processes prior to discharge when consistent with the Stormwater Management Manual for Eastern Washington; provided the minimum distance from the wetland edge is not less than 75 percent of the buffer widths established in WRMC 18.25.110. Regional stormwater facilities shall not be located within the wetland buffers of Type I and II wetlands, and may be located within the wetland buffers of Type III and IV wetlands only when the wetland is sufficiently protected from water quality degradation and excessive water level fluctuations, and the facility is constructed in a manner that results in an enhancement to the buffer area.

D. Placement of access roads and utilities across Category II, III and IV wetland buffers, if the department determines that there is no reasonable alternative location for providing access and/or utilities to an existing lot and mitigation is provided as designated in this chapter.

E. The installation of stormwater management facilities, limited to stormwater dispersion outfalls and bioswales, within the outer 25 percent of a critical area buffer; provided, that:

1. No other location is feasible; and

2. The location of such facilities will not degrade the functions or values of the critical area; and

3. The buffer is not for a Category I wetland.

F. The creation of lots from parcels containing wetlands and wetland buffers, subject to the following:

1. Land that is located wholly within a wetland or its buffer may not be subdivided;

2. Land that is located partially within a wetland or its buffer is not precluded from being divided due to the presence of the wetland or buffer, provided:

a. The wetland and its buffer is contained within a separate open space tract, as depicted on the document dividing the property (short plat, long plat, etc.); and

b. The proposed lots are accessible through a route that is outside of the wetland and its buffer.

To compensate for setting aside the wetland and buffer area in a separate tract, those lots immediately adjacent to the wetland tract and served with city sewer and city water need only be 75 percent of the minimum lot size and lot depth normally required, and permitted lot coverage shall be calculated as if the lot were the normal minimum lot size. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.140 Wetlands – Alteration of wetlands and sequence of mitigation actions.

A. Alteration of Category I wetlands is prohibited.

B. Alteration of Category II, III and IV wetlands may be allowed when all adverse impacts to wetland functions and values can be shown to be fully mitigated; provided, that no net loss of ecological function and value shall occur due to wetland alteration. Actions to be considered, in order of preference, are:

1. Avoiding the impact altogether by not taking a certain action or parts of actions;

2. Minimizing 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. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or

6. Monitoring the impact and taking appropriate corrective measures.

Mitigation may include a combination of the above measures. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.150 Wetlands – Mitigation plan submittal requirements.

A. In conjunction with submittal of any project for which alteration of a wetland is proposed, the applicant shall submit to the department a wetland mitigation plan substantially in the following form. It is highly recommended that the plan be consistent with the guidance found in “Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans” (Ecology Publication No. 06-06-011b, March 2006), or as hereafter revised.

1. Conceptual Phase. A conceptual wetland mitigation plan shall be submitted to the department. In cases in which environmental review is required, a threshold determination may not be made prior to department review of the conceptual wetland mitigation plan. The conceptual wetland mitigation plan shall include:

a. General goals of the wetland mitigation plan, including an overall goal of no net loss of wetland function and acreage, and striving for a net resource gain in wetlands over present conditions;

b. A review of literature or experience to date in restoring or creating the type of wetland or buffer proposed;

c. Approximate site topography following construction;

d. Location of proposed wetland compensation area;

e. General hydrologic patterns on the site following construction;

f. Nature of compensation, including wetland types (in-kind and out-of-kind), general plant selection and justification, approximate project sequencing and schedule, and approximate size of the new wetland buffer;

g. A conceptual maintenance plan;

h. Conceptual monitoring and contingency plan.

2. Detailed Phase. Following approval of the conceptual wetland mitigation plan by the department, a detailed wetland mitigation plan shall be submitted to the department. The detailed wetland mitigation plan shall contain, at a minimum, the following components, and shall be consistent with the standards in WRMC 18.25.160 and 18.25.180:

a. Text and map of the existing condition of the proposed compensation area, including:

i. Existing vegetation community analysis;

ii. Hydrological analysis, including topography, of existing surface and significant subsurface flows into and out of the area in question;

iii. Soils analysis providing both Soil Conservation Service mapping and data provided by on-site verified determinations;

iv. Detailed description of flora and fauna existing on the site;

v. Description of existing site conditions in relation to historic conditions for those sites that have been recently altered or degraded;

b. Text and map of the proposed alterations to the compensation area, including:

i. Relationship of the project to the watershed and existing water bodies;

ii. Topography of site using one-foot contour intervals;

iii. Water level data, including depth and duration of seasonally high water table;

iv. Water flow patterns;

v. Grading, filling and excavation, including a description of imported soils;

vi. Irrigation requirements, if any;

vii. Water pollution mitigation measures during construction;

viii. Aerial coverage of planted areas to open water areas (if any open water is to be present);

ix. Appropriate buffers.

The wetland mitigation plan shall include detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated outcome;

c. As part of the wetland mitigation plan, a landscaping plan shall be designed by a registered landscape architect or contractor working with a qualified wetland specialist, describing what will be planted where and when. The landscape plan shall include the following:

i. Soils and substrate characteristics;

ii. Specification of substrate stockpiling techniques;

iii. Planting instructions, including species, stock type and size, density or spacing of plants, and water and nutrient requirement;

iv. Specification of where plant materials will be procured. Documentation shall be provided which guarantees plant materials are to be procured from regional nurseries, or from wetlands on site that are part of the wetland mitigation plan;

d. A schedule shall be provided showing dates for beginning and completing the mitigation project, including a sequence of construction activities;

e. A monitoring and maintenance plan, consistent with WRMC 18.25.180. The plan shall include all the following:

i. Specification of procedures for monitoring and site maintenance;

ii. A schedule for submitting monitoring reports to the department;

f. A contingency plan, consistent with WRMC 18.25.180;

g. A detailed budget for implementation of the wetland mitigation plan, including monitoring, maintenance and contingency phases;

h. A guarantee that the work will be performed as planned and approved, consistent with WRMC 18.25.180;

i. The wetland mitigation plan shall be signed by the qualified wetland specialist to indicate that the plan is according to specifications determined by the qualified wetland specialist. A signed original wetland mitigation plan shall be submitted to the department.

3. Following the approval of the detailed wetland mitigation plan by the department, a notice of the plan shall be signed and notarized by the applicant and community and economic development director, and recorded with the Benton County auditor at the applicant’s expense. The notice of the plan may be combined with the notice of WRMC 18.25.090(A)(2).

4. Approval of the detailed wetland mitigation plan shall occur prior to the issuance of building permits or other development permits. No development activity shall occur on the site prior to approval. Required mitigation may also be required prior to issuance of permits or prior to commencing development activity. Timing of required mitigation shall be determined on a case-by-case basis. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.160 Wetlands – Criteria for compensatory mitigation – Location and timing of compensatory mitigation.

A. The applicant shall develop a wetland mitigation plan that provides for construction, maintenance, monitoring and contingencies of the replacement wetland. In addition, the applicant and landowner shall meet the following criteria:

1. The restored, created, or enhanced wetland shall be as persistent as the wetland it replaces;

2. The applicant shall demonstrate sufficient capability to carry out the compensation project;

3. The compensation area shall be provided with permanent protection and management to avoid further development or degradation and to provide for the long-term persistence of the compensation area as designed.

B. In cases in which it is determined that compensatory mitigation is appropriate, the following shall apply:

1. Compensatory mitigation shall be provided on site, or in the immediate vicinity of the impacted wetland, when the location can adequately replace the functions that were lost.

2. When compensatory mitigation cannot be provided on site or in the immediate vicinity, it should be provided within the same watershed. The proposed mitigation site shall be selected and reviewed based on the guidance found in “Wetland Mitigation in Washington State, Part 2, Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006),” or as hereafter revised.

3. Mitigation projects shall be completed prior to, or in conjunction with, the other permitted activities on the site, unless a phased schedule is agreed upon between the department and the applicant. The timing of the mitigation shall be specified in the development permit. Refer to WRMC 18.25.170 for guidelines on determining wetland acreage replacement ratios. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.170 Wetlands – Replacement criteria.

A. Where wetlands are altered, the applicant shall meet the minimum requirements of this section.

B. When it is proposed to alter or eliminate a wetland, the applicant shall be required to replace or enhance the functions and values of the affected wetland. The wetland values will be based on an approved evaluation procedure. The recommended ratios for replacement and enhancement of wetlands are as established in the following table. A combination of replacement and enhancement may be authorized. The applicant should coordinate with any other permitting agency (potentially the Department of Ecology, U.S. Army Corps of Engineers, and the Environmental Protection Agency) to be sure that all permitting agencies will be satisfied with the proposed ratio(s). The following table meets the standards of Wetland Mitigation in Washington State, Part 1 (Version 1, Publication No. 06-06-011a, March 2006):

Wetland Type	Enhancement Ratio (Area enhanced to area altered or destroyed)	Replacement Ratio (Replacement area to destroyed area)
Category I	16 to 1 (for unauthorized wetland impact only)	4 to 1 (for unauthorized wetland impact only)
Category II	12 to 1	3 to 1
Category III	8 to 1	2 to 1
Category IV	6 to 1	1.5 to 1

C. Replacement ratio for unauthorized wetland impact requires replacement at a ratio of two times that listed for the wetland category type. The increased ratio is based on the uncertainty of probable success of proposed replacement, projected losses of wetland functions and values, or significant period of time between elimination and replacement of wetland. Such required increases in replacement ratios will be made by the department after review of all pertinent data relating to the proposed or committed alteration.

D. The department will allow the ratios to be decreased if the applicant provides findings of special studies coordinated with agencies with expertise that demonstrate to the satisfaction of the department that no net loss of wetland function or value is attained under the decreased ratio.

E. In-kind compensation shall be provided except where the applicant can demonstrate to the satisfaction of the department that:

1. The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; or

2. Scientific problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or

3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types); or

4. Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functions and values.

F. Site-specific quantifiable criteria shall be provided for evaluating whether or not the goals and objectives for the proposed compensation are being met. Such criteria include but are not limited to water quality standards, survival rates for planted vegetation, habitat diversity indices, species abundance or use patterns, hydrological standards including depths and durations of water patterns. Detailed performance standards for mitigation planning shall include the following criteria:

1. Use only plants indigenous to Benton County (not introduced or foreign species);

2. Use plants appropriate to the depth of water at which they will be planted;

3. Use plants available from local sources;

4. Use plant species high in food and cover value for fish and wildlife;

5. Plant mostly perennial species;

6. Avoid committing significant areas of site to species that have questionable potential for successful establishment;

7. Plant selection must be approved by a qualified wetland specialist;

8. Water depth is not to exceed six and one-half feet (two meters);

9. The grade or slope that water flows through the wetland is not to exceed six percent;

10. Slopes within the wetland basin and the buffer zone should not be steeper than 3:1 (horizontal to vertical);

11. The substrate should consist of a minimum of one foot, in depth, of clean (uncontaminated with chemicals, or solid/hazardous wastes) inorganic/organic materials;

12. Planting densities and placement of plants shall be determined by a qualified wetland specialist and shown on the design plans;

13. The planting plan must be approved by a qualified wetland specialist;

14. Planting instructions shall describe proper placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;

15. In the wetland buffer area, apply controlled release fertilizer at the base of the plantings the second year after planting and afterward only as plant conditions warrant (determined during the monitoring process);

16. Install an irrigation system, if necessary, for the initial establishment period and include sufficient mulch (not compost) to control weeds and promote moisture retention within the buffer area;

17. Construction specifications and methods shall be approved by a qualified wetland specialist and the department;

18. All mitigation shall be consistent with requirements of Chapter 18.16 WRMC, Flood Damage Prevention, and city stormwater requirements, if applicable;

19. As appropriate, and if impacts to natural wetland functions and values can be fully mitigated, capacity of the wetland to store surface water should be equal to or greater than surface water storage capacity prior to the proposed activity;

20. As appropriate, and if impacts to natural wetland functions and values can be fully mitigated, ability of the wetland to intercept surface water runoff on the site should be equal to or greater than such ability prior to the proposed activity;

21. As appropriate, and if impacts to natural wetland functions and values can be fully mitigated, the ability of the wetland to perform stormwater detention functions should be equal to or greater than such functions prior to the proposed activity.

G. Wetland mitigation shall occur according to the approved wetland mitigation plan, and shall be consistent with all provisions of this regulation.

H. On completion of construction required to mitigate for impacts to wetlands, the wetland mitigation project shall be signed off by an approved qualified wetland specialist and the community and economic development director. Signature will indicate that the construction has been completed as planned. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.180 Wetlands – Monitoring program and contingency plan.

A. If the wetland mitigation plan includes compensatory mitigation, a monitoring program shall be implemented to determine the success of the compensatory mitigation project.

B. Specific criteria shall be provided for evaluating the mitigation proposal relative to the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria.

C. A contingency plan shall be established for compensation in the event that the mitigation project is inadequate or fails.

D. Requirements of the monitoring program and contingency plan are as follows:

1. During monitoring, use scientific procedures for establishing the success or failure of the project;

2. For vegetation determinations, permanent sampling points shall be established;

3. Vegetative success equals 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent species;

4. Submit monitoring reports of the status of the mitigation project to the department. The reports are to be prepared by a qualified wetland specialist and shall include monitoring information on wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, and shall be produced on the following schedule:

a. At time of construction;

b. Thirty days after planting;

c. Early in the growing season of the first year;

d. End of the growing season of first year;

e. Twice the second year;

f. Annually;

5. Monitor five growing seasons;

6. Correct for any failures in the mitigation project, and remove weeds as necessary to reduce competition with planted vegetation;

7. Replace dead or undesirable vegetation with appropriate plantings;

8. Repair damages caused by erosion, settling, or other geomorphological processes;

9. Redesign mitigation project (if necessary) and implement the new design;

10. Correction procedures shall be approved by a qualified wetland specialist and the city’s community and economic development director. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.200 Streams – Designation and rating of streams.

A. Streams are water bodies with a defined bed and banks and demonstrable flow of water as defined in this chapter.

B. Stream Classification. Streams shall be designated Type S, Type F, Type Np, or Type Ns according to the criteria of WAC 222-16-030.

C. Ditches. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. Ditches are excluded from regulation as streams under this section; provided, artificial drainage features with documented fish usage are regulated as streams. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.210 Streams – Critical areas report.

A. A stream analysis report shall be prepared in accordance with the methods provided by the Washington State Department of Fish and Wildlife or other acceptable scientific method and submitted to the department for review for all land use proposals that the department has reason to believe may be located within a stream or required stream buffer.

B. The stream analysis report shall be prepared by a qualified biologist and submitted to the department as part of the SEPA review process established by Chapter 18.04 WRMC, Environmental Review (SEPA).

C. Within 60 days of receipt of the stream analysis report and other information, the department shall determine the appropriate stream category, buffering requirement, and required mitigation. The report shall be accorded substantial weight and the department shall approve the report’s findings and approvals, unless specific, written reasons are provided which justify not doing so. Once accepted, the report shall control future decision making related to the designated stream segment unless new information is found demonstrating the report is in error. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.220 Streams – Performance standards – General.

A. Establishment of Stream Buffers. The establishment of buffer areas shall be required for all development proposals and activities in or adjacent to streams. The purpose of the buffer shall be to protect the integrity, function, and value of the stream and riparian habitat. Buffers shall be protected during construction by placement of a temporary barricade or fencing, on-site notice for construction crews of the presence of the stream, and implementation of appropriate erosion and sedimentation controls. Native vegetation removal or disturbance is not allowed in established stream buffers, except as authorized herein.

Required buffer widths shall reflect the sensitivity of the stream and associated riparian habitat, or the risks associated with development and, in those circumstances permitted by these regulations, the type and intensity of human activity and site design proposed to be conducted on or near the sensitive area.

B. Stream Buffers.

1. The following buffers are established for streams:

Stream Type	Buffer Width
Type S	Per West Richland Shoreline Management Program, or as necessary to protect stream functions and values, as determined by the stream analysis report, whichever is greater.
Type F	100 feet
Type Np	50 feet
Type Ns	25 feet

2. Measurement of Stream Buffers. Stream buffers shall be measured perpendicularly from the ordinary high water mark.

3. Increased Stream Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of a qualified biologist and the best available science on a case-by-case basis when a larger buffer is necessary to protect stream functions and values based on site-specific characteristics. Circumstances that may require increased stream buffer widths include, but are not limited to, the following:

a. An increased buffer width is necessary to include the entire riparian corridor of the stream;

b. A larger buffer is needed to protect other critical areas;

c. The buffer or adjacent uplands has a slope greater than 30 percent or is susceptible to erosion, and standard erosion-control measures will not prevent adverse impacts to the stream.

4. Buffer Conditions Shall Be Maintained. Except as otherwise specified or allowed in accordance with this title, stream buffers shall be retained in a natural condition.

5. Repair of Stream and Degraded Buffer Areas. When a development is proposed on a lot with a degraded riparian corridor, the city shall require that the degraded stream and/or buffer area be repaired or enhanced. Such actions may include, but are not limited to: removing weeds and invasive plant species, planting native plants or preferred wildlife food sources; removing garbage or other sources of pollutants; and removing fish movement blockages from the stream channel. The amount of required repair shall be determined on a case-by-case basis to ensure that the values and functions of the riparian corridor are adequate to protect against the impacts of the proposed activity.

6. Buffers for Restored Stream Channels. When a piped portion of a stream is proposed to be restored to an open channel, the buffer width shall be determined by the director following review of a critical area study. The study must include an analysis of the buffer width necessary to protect water quality and habitat functions of the stream.

7. Buffer Uses. The following uses may be permitted within a stream buffer in accordance with the review procedures of this chapter, provided they are not prohibited by any other applicable law, and they are conducted in a manner so as to avoid or minimize any negative impact to the stream or condition of the buffer:

a. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife;

b. Passive Recreation. Passive recreation facilities designed in accordance with an approved critical area report, including:

i. Walkways and trails; provided, that those pathways that are generally parallel to the perimeter of the stream shall be located in the outer 25 percent of the buffer area;

ii. Wildlife viewing structures; and

iii. Fishing access areas;

c. Stormwater Management Facilities. Grass-lined swales and dispersal trenches may be located in the outer 25 percent of the buffer area, provided no other location is feasible. All other types of stormwater management facilities are not allowed within the buffer area;

d. The creation of lots containing streams and stream buffers, subject to the following:

i. Land that is located wholly within a stream or stream buffer may not be subdivided;

ii. Land that is located partially within a stream and its buffer is not precluded from being divided; provided, that an accessible and contiguous portion of each new lot is: (A) located outside of the stream and its buffer; and (B) the area of the proposed lot that is outside of the stream and its buffer is at least 75 percent of the minimum lot size of the applicable zoning district.

8. Stream Buffer Reductions. Buffer width reductions may be authorized from Type F, Np and Ns streams according to the following standards. Buffer width reductions from Type S streams shall be considered according to the process of the shoreline master program. A buffer shall not be reduced to accommodate unauthorized actions (also known as code violations) that have degraded the buffer.

a. Maximum Buffer Reductions. The buffer widths may be reduced by up to 25 percent if an applicant undertakes measures approved by the department to substantially enhance the functions and values of the stream and riparian habitat.

b. Decision Criteria. Prior to approval, a buffer reduction proposal shall meet all of the decisional criteria listed below. The buffer reduction will be approved in a degraded stream buffer only if:

i. The project will provide an overall improvement in water quality protection for the stream; and

ii. The project will not adversely affect fish or wildlife species and will provide an overall enhancement to fish and wildlife habitat; and

iii. The project will provide a net improvement in drainage and/or stormwater detention capabilities; and

iv. All exposed areas are stabilized with native vegetation, as appropriate; and

v. The reduction will not lead to unstable earth conditions or create an erosion hazard; and

vi. The reduction will not be materially detrimental to any other property or the city as a whole.

c. Buffer Enhancement Plan. As part of the buffer reduction request, the applicant shall submit a buffer enhancement plan prepared by a qualified consultant. The buffer enhancement plan shall also provide:

i. A map locating the specific area of enhancement;

ii. A planting plan that uses native plant species indigenous to this region including ground cover, shrubs, and trees;

iii. Provisions for monitoring and maintenance over the monitoring period.

9. Building Setback. A 15-foot building setback is required from the edge of the stream buffer for all buildings, except utility buildings/facilities and except residential accessory buildings exempt from rear or side setback requirements.

C. Stream Crossings. Stream crossings may be allowed and may encroach on the otherwise required stream buffer if:

1. The crossing is in the form of a bridge or other construction technique that does not disturb the streambed or bank below the ordinary high water mark of a Type F, Np, or Ns stream;

2. The crossing is constructed during the summer low flow and is timed to avoid stream disturbance during periods when use is critical to salmonids, if applicable;

3. The crossing does not occur over salmonid spawning areas unless the city determines that no other possible crossing site exists;

4. The crossing does not diminish the flood-carrying capacity of the stream;

5. Underground utility crossings are laterally drilled and located at a depth of three feet below the maximum depth of scour. Temporary bore pits to perform such crossings may be permitted within the stream buffer established in this title; and

6. Crossings are minimized by serving multiple purposes and properties whenever possible.

D. Stream Relocations.

1. Stream relocations may be allowed only for:

a. All stream types as part of a public project for which a public agency and utility exception is granted pursuant to this title; or

b. Type Np and Ns streams for the purpose of enhancing resources in the stream if:

i. Appropriate floodplain protection measures are used; and

ii. The location occurs on the site, except that relocation off the site may be allowed if the applicant demonstrates that any on-site relocation is impracticable, the applicant provides all necessary easements and waivers from affected property owners and the off-site location is in the same drainage sub-basin as the original stream.

2. For any relocation allowed by this section, the applicant shall demonstrate, based on information provided by a civil engineer and a qualified biologist, that:

a. The equivalent base flood storage volume and function will be maintained;

b. There will be no adverse impact to local groundwater;

c. There will be no increase in velocity;

d. There will be no interbasin transfer of water;

e. There will be no increase in the sediment load;

f. Requirements set out in the mitigation plan are met;

g. The relocation conforms to other applicable laws; and

h. All work will be carried out under the supervision of a qualified biologist.

E. Stream Enhancement. Stream and riparian buffer enhancement not associated with any other development proposal may be allowed if accomplished according to a plan for its design, implementation, maintenance and monitoring prepared by a civil engineer and a qualified biologist and carried out under the direction of a qualified biologist.

F. Minor Stream Restoration. A minor stream restoration project for fish habitat enhancement may be allowed if:

1. The project results in an increase in stream function and values;

2. The restoration is sponsored by a public agency with a mandate to do such work;

3. The restoration is not associated with mitigation of a specific development proposal;

4. The restoration is limited to removal and enhancement of riparian vegetation, placement of rock weirs, log controls, spawning gravel and other specific salmonid habitat improvements;

5. The restoration only involves the use of hand labor and light equipment; or the use of helicopters and cranes which deliver supplies to the project site, provided they have no contact with sensitive areas or their buffers; and

6. The restoration is performed under the direction of a qualified biologist. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.230 Streams – Mitigation requirements.

A. Stream Mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in equivalent functions and values on a per function basis, be located as near the alteration as feasible, and be located in the same subdrainage basin as the habitat impacted. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.250 Critical fish and wildlife habitat conservation areas.

Critical fish and wildlife habitat conservation areas are those areas identified as being of critical importance in the maintenance and preservation of fish, wildlife and natural vegetation. Areas that are identified or classified as critical fish and wildlife habitat conservation areas shall be subject to the requirements of this section.

A. General. Critical fish and wildlife habitat conservation areas, which do or may exist within West Richland, are identified as follows:

1. Areas with which federal or state endangered, threatened, and sensitive species of fish or wildlife have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term;

2. Habitats and species of local importance, including:

a. Special habitat areas that are infrequent in occurrence in the region and that provide specific habitats, as follows:

i. Category I and II wetlands;

ii. Areas of pristine shrub-steppe habitat, as defined in WRMC 18.25.030, at least one acre in size;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years’ duration) and landscape amenities;

4. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031;

5. Lakes, ponds and streams planted with fish by a governmental agency, agency-sponsored group, or tribal entity;

6. State natural area preserves and natural resource conservation areas.

B. Mapping. The following documents, which may be continuously updated as new information becomes available, may be used as a guide for locating critical fish and wildlife habitat conservation areas. Note that some information is deemed sensitive and may not be released, except in accordance with applicable agreements, such as the WDFW Releasing Sensitive Fish and Wildlife Information Policy 5210 and corresponding release agreement.

1. Washington Department of Fish and Wildlife Priority Habitat and Species lists;

2. Washington State Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area maps.

C. Regulation. Critical fish and wildlife habitat conservation areas are to be managed by maintaining the subject species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all critical habitat or individuals of all species at all times, but does mean coordinated planning and development in such a manner that the stated purpose is accomplished.

1. Habitat Assessment. If the department has reason to believe that critical fish and wildlife habitat exists on or within 200 feet of a property proposed for any development activity, a habitat assessment shall be prepared by a qualified wildlife biologist. The habitat assessment shall include, at a minimum, the following:

a. An analysis and discussion of critical species or habitats known or suspected to be located within 200 feet of the project site;

b. A site plan that clearly delineates the critical fish and wildlife habitats found on or within 200 feet of the site.

2. Habitat Assessment Review. The habitat assessment review shall be forwarded for review and comment to agencies with expertise or jurisdiction on the proposal, including, but not limited to, the:

a. Washington State Department of Fish and Wildlife;

b. United States Fish and Wildlife Service, if any federal endangered or threatened species are involved.

Comments received by the requested review agencies within 45 days of the submittal of the assessment shall be considered by the department. If it is determined, based upon the comments received, that critical fish and wildlife habitat does not occur on or within 200 feet of the site, the development may proceed without any additional requirements under this section. If it is determined that a critical fish and wildlife habitat is on or within 200 feet of the site, a habitat management plan shall be prepared.

3. Habitat Management Plan. Habitat management plans required under this section shall be prepared by a qualified wildlife biologist. The habitat management plan must be prepared in coordination with and reviewed by the Washington State Department of Fish and Wildlife, and if any federal endangered or threatened species are involved, by the United States Fish and Wildlife Service. A habitat management plan shall contain, at a minimum, the following:

a. Analysis and discussion on the project’s effects on critical fish and wildlife habitat;

b. An assessment and discussion on special management recommendations that have been developed for critical species or habitat located on the site by any federal or state agency;

c. Proposed mitigation measures that could minimize or avoid negative impacts;

d. Assessment and evaluation of the effectiveness of the mitigation measures proposed;

e. Assessment and evaluation of ongoing management practices to protect critical fish and wildlife habitat after development of the project site, including proposed monitoring and maintenance programs;

f. Assessment of project impact or effect on water quality, and any proposed methods or practices to avoid degradation of water quality, if applicable;

g. Assessment of any need to interconnect the subject area with other fish and wildlife habitat to ensure that isolated subpopulations are not created.

An opportunity for review of the proposed habitat management plan shall be provided to applicable federal and state agencies. Comments received from the agencies within 45 days of circulation of the plan shall be considered by the city and, if mitigation is recommended, may be incorporated as conditions of project approval, as appropriate. If it is determined, based upon the comments received, that a project or proposal is likely to result in the extirpation or isolation of a critical fish or wildlife species the project or proposal may be denied.

D. Buffer Requirements. If it is determined, based upon a review of the comments received on the habitat management plan, that a buffer would serve to mitigate impacts to a critical fish or wildlife habitat, an undisturbed buffer shall be required on the development site. The width of the buffer shall be based upon a recommendation of at least one of the appropriate review agencies, but in no case shall exceed 150 feet.

E. Specific Habitats – Anadromous Fish.

1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards:

a. Activities shall be timed to occur only during the allowable work window as designated by the Washington State Department of Fish and Wildlife for the applicable species;

b. Alternative alignments or locations for the activity that do not involve the anadromous fish habitat have been considered and determined not feasible;

c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; and

d. Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report.

2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided to allow the upstream migration of adult fish and to prevent fry and juveniles migrating downstream from being trapped or harmed.

3. Filling of water bodies, when authorized by the city of West Richland’s shoreline management master program and SEPA review, shall not adversely impact anadromous fish or their habitat, or shall mitigate any unavoidable impacts, and shall only be allowed for a water-dependent use.

F. Specific Habitats – Bald Eagle Protection. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are proposed adjacent to a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional. Activities are adjacent to bald eagle sites when they are within 800 feet of a bald eagle nest, or within a one-half mile of a bald eagle nest and within 250 feet of a shoreline. The city shall verify the location of eagle management areas for each proposed activity. Approval of the activity shall not occur prior to approval of the habitat management plan by the Department of Fish and Wildlife.

G. Government and Conservation Land – Protection. In addition to the critical fish and wildlife habitat conservation areas protected in subsection A of this section, the city of West Richland hereby recognizes the benefit of undeveloped government and conservation lands that may not otherwise qualify as critical fish and wildlife conservation areas, but which still provide beneficial wildlife habitat. The land development patterns of Section 6 and Section 8 of Willamette Heights, combined with the undeveloped government-owned land in those sections and elsewhere throughout the city, contribute significantly to the habitat inventory and wildlife corridors of several species that are not endangered, threatened, or sensitive, but which are listed as state candidate and state monitored species. To recognize the benefit of these lands, the following areas are included as fish and wildlife habitat and species of local importance:

1. Lands owned by a government entity or conservation group that have all of the following characteristics:

a. Are not otherwise classified as critical fish and wildlife habitat;

b. Are not public road right-of-way;

c. Have a primary association with a federal candidate species, state candidate species, federal species of concern, or state monitored species, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term; and

d. Are mapped as “Government and Conservation Land” on the city of West Richland’s map titled “Critical Fish and Wildlife Habitat Conservation Areas.”

The lands so classified are not subject to the provisions of subsections A through D of this section. However, if development of the government land is proposed, a habitat assessment shall be performed by a qualified wildlife biologist to help the city determine if the property, or a portion thereof, must be protected for the purpose of serving as a wildlife corridor or habitat to prevent the likelihood of the subject species from becoming listed as endangered, threatened, or sensitive. Private lands adjacent to such government and conservation lands shall observe a 35-foot setback and buffer.

H. Wildlife Corridors to Be Established. All development proposals near a future wildlife corridor, as shown on the city’s critical fish and wildlife habitat conservation areas map, shall be reviewed to determine whether the wildlife corridor, or a portion thereof, is needed across the subject property. The width of the wildlife corridor shall generally be at least 100 feet, where not restricted by existing development.

In order to allow movement of the subject species, the wildlife corridor shall preferably be maintained in a natural habitat condition and free of barriers; provided corridors with degraded, poor-quality habitat may be improved as landscaped areas when a qualified wildlife biologist or wildlife agency is satisfied that the landscaping and associated improvements will still maintain an effective wildlife movement corridor.

If a wildlife corridor is determined necessary, it shall be established by easement, or other legal method agreeable to the city, and recorded with the Benton County auditor. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.300 Critical aquifer recharge areas – 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 as CARAs based on local conditions:

A. Wellhead Protection Areas of All Public Water Systems. Wellhead protection areas shall be defined by the boundaries of the 10-year groundwater time of travel (TOT), 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. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.310 Mapping of critical aquifer recharge areas.

The approximate location and extent of the CARAs are shown on the critical area map titled “Aquifer Recharge Areas.” The source of information is the 2016 Wellhead Protection Plan, prepared by JUB, Consultant. This map is to be used as a guide for the city, project applicants and/or property owners, and may be updated as new information becomes available. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.320 Critical aquifer recharge areas – Regulation.

The following items are in place to protect critical aquifer recharge areas and regulate activities that might potentially impact these areas:

A. City of West Richland construction standards (WRMC Titles 12 and 13).

B. City of West Richland wellhead protection plan.

C. Chapter 173-218 WAC (Underground Injection Control Program).

D. State and federal regulations applicable to specific uses, including but not limited to those listed in WRMC 18.25.340 and 18.25.350.

E. The groundwater quality standards of Chapter 173-200 WAC. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.330 Critical aquifer recharge areas performance standards – General requirements.

A. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not significantly affect the recharging of the aquifer and that the proposed activity will not cause contaminants to enter the aquifer. In the case of underground injection wells (drywells, infiltration trenches, drainage wells, etc.), compliance with Chapter 173-218 WAC shall typically be deemed sufficient to meet this requirement. With other activities and uses that could potentially pollute groundwater, compliance with the standards and review process of Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington, will typically apply.

B. The proposed activity must comply with the water source protection requirements and recommendations of the Federal Environmental Protection Agency, State Department of Health, State Department of Ecology, and the Benton-Franklin Health District, and as provided in the city’s wellhead protection plan.

C. The proposed activity must be designed and constructed in accordance with best management practices for stormwater management, such as those found in the Eastern Washington Stormwater Manual, WSDOE Publication No. 04-10-076, or equivalent. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.340 Critical aquifer recharge areas performance standards – Specific uses.

A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with applicable building code requirements and the following:

1. 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:

a. Prevent releases due to corrosion or structural failure for the operational life of the tank;

b. 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;

c. Use material in the construction or lining of the tank and seals that is compatible with the substance to be stored; and

d. Include leak detection features.

2. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed to:

a. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters;

b. Prevent spilled or leaked materials from entering floor drains that are not part of a liquid-tight containment system designed to capture and hold hazardous materials; and

c. Meet one of the following four options:

i. Be stored indoors on a liquid-tight concrete floor, without secondary containment if the storage area is able to contain 100 percent of the largest container in the event of a spill and prevent it from flowing or leaking out of the building.

ii. Be stored outdoors or indoors and provided with a covered secondary containment area that can hold 110 percent of the volume of the largest storage container or 10 percent of the total volume stored, whichever is greatest, plus the displacement volume of any items inside the containment.

iii. Be stored in an outdoor, uncovered secondary containment that can hold 120 percent of the volume of the largest storage container or 10 percent of the total volume stored, whichever is greatest, plus the displacement volume of any items inside the containment.

iv. Be stored in a UL-certified double-walled storage tank. The volume requirements that are listed in options i, ii, and iii do not apply to UL-certified double-walled storage tanks.

B. Vehicle Repair and Servicing. Within critical aquifer recharge areas, all 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 or spills occur.

C. Spreading or Injection of Reclaimed Water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the Departments of Ecology and Health.

1. Surface spreading must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080.

2. Direct injection must be in accordance with Chapter 173-218 WAC and the standards developed by authority of RCW 90.46.042.

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

Statutes, Regulations, and Guidance Pertaining to Activities Impacting Groundwater
Activity	Statute – Regulation – Guidance
Aboveground storage tanks	WAC 173-303-640
Animal feedlots	Chapters 173-216 and 173-220 WAC
Automobile washers	Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges (WDOE WQ-R-95-56)
Below ground storage tanks	Chapter 173-360 WAC
Chemical treatment storage and disposal facilities	WAC 173-303-182
Hazardous waste generator (boat repair shops, biological research facility, dry cleaners, furniture stripping, motor vehicle service garages, photographic processing, printing and publishing shops, etc.)	Chapter 173-303 WAC
Underground injection wells (drywells, etc. – Note that any use involving stormwater, drainage, process water, or wastewater needs to be reviewed for applicability of Chapter 173-218 WAC)	Federal 40 CFR Parts 144 and 146, Chapter 173-218 WAC
Junkyards and salvage yards	Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicle Recycler Facilities (WDOE 94-146)
Oil and gas drilling	Chapter 173-218 WAC WAC 332-12-450
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	Chapters 15.54 and 17.21 RCW
Sawmills	Chapters 173-303 and 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards (WDOE 95-53)
Solid waste handling and recycling facilities	Chapter 173-304 WAC
Surface mining	WAC 332-18-015
Wastewater application to land surface	Chapters 173-200 and 173-216 WAC, WDOE Land Application Guidelines, Best Management Practices for Irrigated Agriculture

[Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.350 Uses prohibited from critical aquifer recharge areas.

The following activities and uses are prohibited in critical aquifer recharge areas (prohibited uses are based on “Critical Aquifer Recharge Areas Guidance Document” by Ecology, January 2005, Publication No. 05-10-028, and Chapter 173-218 WAC):

A. Class I, III, and IV underground injection wells (see Chapter 173-218 WAC);

B. Underground injection wells that do not comply with Chapter 173-218 WAC;

C. Landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste, and inert and demolition waste landfills;

D. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces;

E. Creosote or asphalt manufacturing;

F. Class 1A or 1B flammable liquids manufacturing as defined by the Uniform Fire Code;

G. Petroleum product pipelines; and

H. Facilities that treat or dispose of dangerous waste regulated by Chapter 173-303 WAC. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.400 Landslide and erosion hazard areas.

Areas that are identified as potential landslide or erosion hazard areas shall be subject to the requirements established in this section. The requirements shall apply when the existing and/or proposed slopes fall within the parameters specified; provided, if it is satisfactorily demonstrated to the community development director that a landslide or erosion hazard potential clearly does not exist on the site and will not be created by the proposed action, the requirements of this section may be waived.

A. Mapping. The following documents, which may be continuously updated as information becomes available, may be used as a guide for locating landslide and erosion hazard areas:

1. The city’s critical area map titled “Erosion hazard areas.”

2. The city’s critical area map titled “Hillsides with 15%+ slopes.”

B. Hillsides and Erosion Hazard Areas – Geotechnical Study Required. Development on hillsides and erosion hazard areas shall comply with the following requirements. For purposes of this section, development shall include any activity that may affect the stability of the hillside or erosion hazard area, such as excavating, grading, filling, clearing, installing stormwater systems, developing roads, installing subdivision improvements, and constructing buildings.

1. Geotechnical Report Requirements. A geotechnical engineering study, prepared by a qualified civil engineer or geotechnical engineer licensed in the state, shall be provided by the applicant and contain the items specified by the following table. When the length of the sloped area is less than that specified in the following table, a study is not required.

If a geotechnical report has been prepared and accepted by the community development director within the previous two years for a 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.

Slope of Hillside on Site and/or Adjacent Properties	Length of Slope, Measured Along Ground	Geotechnical Report
0% to 14.9% and not in an erosion hazard area	No limit	Report not required
8% to 14.9% and within an erosion hazard area	> 65 feet	Report required
15% to 24.9%	> 40 feet	Report required
25% to 39.9%	> 25 feet	Report required
40% +	> 20 feet, or more than a 10-foot vertical relief	Report required

2. Contents of Report. The geotechnical report shall address each of the following, as determined applicable to the situation by the city:

a. Topographic data at a minimum scale of 1:240 (one inch equals 20 feet). Slope ranges shall be clearly delineated in increments of 15 percent to 24.9 percent, 25 percent to 39.9 percent and greater than 40 percent.

b. Subsurface data, including boring logs and exploratory methods, soil and rock stratigraphy, groundwater levels and any seasonal variations of groundwater levels.

c. Site history, including description of prior grading and clearing, soil instability or slope failure.

d. Slope stability analysis, including calculated slope stability safety factors and identification of the maximum slope percentage or ratio to maintain a slope-stability safety factor of one and one-half or better under static conditions and one and two-tenths or better under dynamic conditions. A sufficient number of tests shall be performed to ensure that all areas proposed for development currently provide, and will continue to provide, the minimum slope-stability safety factors. All areas with less than the minimum slope-stability safety factor shall be identified on a map and in the field.

e. Recommended buffers from landslide hazard areas or erosion hazard areas.

f. Suitability of the soils and hillside to accommodate stormwater facilities, irrigation, and roof runoff, and any measures necessary to mitigate any hazards relating thereto.

g. Recommended seismic design criteria for development of the site, if construction is contemplated.

h. For areas with slopes over 25 percent, or a slope stability factor of less than two, a seismic stability analysis of the site for both preconstruction, construction, and postconstruction.

i. Recommended methods to minimize erosion and stormwater runoff from the site during and after construction.

j. Any special considerations needed during construction, so that temporary cuts/fills such as done for utility installation do not create situations of unsafe slope stability.

k. Other site limitations and construction considerations.

l. A recommendation as to whether further engineering, or observation by an engineer, is needed beyond the current project (such as when constructing houses following construction of a subdivision).

3. Adjacent Hazards – Study Required. Adjacent hillside and erosion hazard areas shall also be considered to determine whether they pose a landslide or erosion hazard to the development site. “Adjacent” shall mean within 50 feet from the side or top of a sloped area exceeding 15 percent, and within 100 feet of the toe of a slope exceeding 15 percent, or within 200 feet of the toe of a slope exceeding 40 percent. Such study of adjacent hillside and erosion hazard areas need not involve a full geotechnical engineering study, as outlined above, if a qualified engineer provides written certification that the adjacent area, in its present condition, does not constitute a hazard to the development of the site.

4. Implementation. Project construction, if authorized, shall be required to implement all recommended requirements of the geotechnical report, and any additional requirements as determined by the department. In addition, should adjacent properties be adversely impacted by the implementation or construction, additional mitigation measures necessary to minimize or eliminate these impacts shall be implemented by the applicant.

5. Development Restricted within Erosion Hazard Areas. Development within an erosion hazard area may only be authorized when:

a. The erosion hazard to public and private property and to the public health and safety can be mitigated to the extent that the erosion hazard no longer presents a significant risk, as determined by the geotechnical engineer and city after review of the geotechnical study. The city may require professional assurances from the geotechnical engineer, developer, and property owner; and

b. The area is not within a landslide hazard area.

6. Development Restricted within Landslide Hazard Areas. Except as provided below, development within a landslide hazard area and its recommended buffer is prohibited. Furthermore, no landslide hazard shall be created or increased in size or hazard by any development. Landslide hazard areas include all areas with a slope stability factor of less than one and one-half for static conditions of one and two-tenths for dynamic conditions, as calculated by a qualified geotechnical engineer. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the building code.

Exception 1: An existing lot may be developed with a single-family dwelling in landslide hazard areas with a slope stability safety factor of at least one in static and dynamic conditions, provided a qualified engineer certifies that accepted engineering techniques will mitigate the impact of the contemplated improvements and that the hazard to neighboring properties will not be increased over existing conditions.

Exception 2: Utility lines, utility facilities, and unpaved maintenance roads that follow the existing ground surface (grading to provide a drivable road surface is okay, but no cut/fill banks); provided no alternative locations or routes outside of the hazard area exist, and a qualified engineer certifies that accepted engineering techniques will mitigate the impact of the contemplated improvements and that the hazard to neighboring properties will not be increased over existing conditions.

The above exceptions do not preclude the reasonable use exemption of WRMC 18.25.530.

7. The creation of lots containing landslide hazard areas and their buffers is subject to the following:

a. No lot shall be created that is wholly within a landslide hazard area or its buffer.

b. Development of the property shall not create any landslide hazard areas where they did not exist previously.

c. A lot that is located only partially within a landslide hazard area or its buffer is not precluded from being created; provided, that the area of the proposed lot that is outside of the landslide hazard area and its buffer contains a suitable building site to accommodate the contemplated improvements, and access to the building site is not within a landslide hazard area and its buffer.

8. Notice of Title. The owner of any property with a field-verified erosion hazard, landslide hazard, or associated buffer, as identified through a geotechnical report, shall file for record with the Benton County auditor a notice of such in a form substantially as set forth below. Such notice shall provide notice in the public record of the presence of the erosion hazard, landslide hazard, or associated buffer; the application of this chapter to the property; and that limitations on actions in or affecting such critical areas and their buffers may exist. The notice shall be notarized and shall be recorded prior to approval of any development of such site. The notice shall run with the land and shall be substantially in the following form:

EROSION HAZARD AND/OR LANDSLIDE HAZARD NOTICE
Legal Description:
_________________________________
_________________________________
_________________________________
Present Owner:____________________
NOTICE: This property contains an identified erosion hazard/landslide hazard/erosion hazard buffer/landslide hazard buffer (select applicable) as defined by City of West Richland Ordinance. Restrictions on use or alteration of the hazard area(s) or their buffers exist due to natural conditions of the property and resulting regulations. Contact the City of West Richland for more information.
______________	___________________
Date	Owner’s Signature

9. Disturbance Limitations. The edge of an erosion hazard, landslide hazard, and associated buffer shall be clearly staked, flagged and fenced prior to any adjacent site clearing or construction. Markers shall be clearly visible and weather-resistant. Authorized site clearing shall not commence until such time that the project proponent or authorized agent for the project proponent has submitted written notice to the city that the buffer requirements of this section have been met. Field marking of the buffer shall remain in place until all phases of construction have been completed and an occupancy permit has been issued by the city.

C. Other Laws and Regulations. No approval granted pursuant to this chapter shall remove an obligation to comply with the applicable provisions of any other federal, state or local law or regulation. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.410 Seismic hazard areas.

A. Identification. Seismic hazard areas include those areas that are susceptible to severe damage as the result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting.

1. Seismic hazard due to ground shaking is depicted at a regional scale on the map “Site Class Map of Benton County, Washington,” by Stephen P. Palmer, et. al., published September 2004 by the Washington State Department of Natural Resources. Those areas depicted as Site Class D to E and higher shall be considered potential seismic hazard areas. A site-specific evaluation is necessary to analyze the actual ground conditions and the potential for amplified ground shaking, as measured by the site class or other more quantitative analysis.

2. Slope failure due to seismic activity is addressed in the landslide and erosion hazard section, and is not regulated further by this section.

3. Settlement during seismic activity is typically an issue with fill areas, whether naturally occurring or created through human action. Potential fill areas shall require soil testing and compaction testing pursuant to applicable building code standards. A map depicting known or potential fill areas may be created as a resource for identifying such areas.

4. Soil liquefaction potential is depicted at a regional scale on the map “Liquefaction Susceptibility Map of Benton County, Washington,” by Stephen P. Palmer, et. al., published September 2004 by the Washington State Department of Natural Resources. Those areas depicted with a “moderate to high” or “high” liquefaction susceptibility shall be considered seismic hazard areas. Site-specific evaluation is necessary to analyze the actual conditions and potential for liquefaction. Areas subject to liquefaction are typically characterized by loose, sandy soils in association with a high groundwater table. As ground shaking occurs, the soil rapidly loses its strength and behaves like quicksand.

Some low-lying areas on the southern part of the city are known to have high groundwater and deposited sandy soils that may constitute localized liquefaction hazards (portions of the Polo Club developments and the greater Lakes area). Localized areas with liquefaction potential will be mapped as such additional information becomes available. Whether a site is mapped or not, any area with the characteristics of high groundwater and sand or cobble soils shall be further evaluated by a qualified consultant to determine the liquefaction susceptibility of the site.

5. Surface Faulting. The Rattlesnake-Wallula fault system runs from the Rattlesnake Mountain area in Yakima County to the Milton-Freewater area. The fault system passes along the southwest boundary of the city, running along the anticline fold that forms Red Mountain, Candy Mountain and Badger Mountain, etc. Further to the southwest is the Horse Heaven Hills fault system. Both systems are considered Quaternary fault systems, meaning they have been recognized at the ground surface and they have moved within the last 1,600,000 years. In the document “The National Seismic Hazards Maps and Eastern Washington Seismic Hazard Assessment,” by Art Frankel, USGS, Golden, CO, Oct. 16, 2007, it is noted that the Rattlesnake-Wallula Fault system has a vertical slip rate of 0.043 millimeters per year, and an estimated recurrence time for a 6.5M or greater earthquake at 11,000 years.

The Benton County hazard mitigation plan, prepared for Benton County emergency services and the cities within the county by HDR Engineering, Inc., discusses earthquake hazards for the county and concludes in Chapter 5.3 that the likelihood of a major earthquake occurring within their five-year planning period is low. West Richland adopted the applicable portions of the plan April 5, 2004.

The approximate location of the Rattlesnake-Wallula fault system is depicted on the seismic hazard map. The source of the line, which is only considered accurate within plus or minus 450 feet, is the U.S. Geological Survey, 2006, Quaternary Fault and Fold Database for the United States, accessed August 2008, from USGS website: http://earthquakes.usgs.gov/regional/qfaults/.

The presence of the fault systems are considered in the 2008 USGS National Seismic Hazard Maps, which will be used for future editions of the International Building and Residential Codes. The building code standards shall generally be considered adequate to address the surface faulting hazards in the city; nevertheless, further study and mitigation is not precluded from being required through the SEPA process when conditions warrant.

B. Regulation. Applications for development potentially within a seismic hazard area susceptible to ground shaking (Site Class D to E and higher ratings), settlement (fill areas), or liquefaction (“moderate to high” or “high” rating) shall be accompanied by a geotechnical report prepared by a geologist or geotechnical engineer licensed as a civil engineer with the state. If it is satisfactorily demonstrated that such a seismic hazard does not exist on the site, the requirements of this section may be waived. This section is intended for use primarily at the planning stage of development, such as in conjunction with the review of a proposed subdivision, conditional use permit, etc. If development is limited to a building permit (no SEPA or land use permit), a seismic risk analysis, pursuant to the requirements of the most recently adopted edition of the International Building or Residential Code, shall be conducted and the geotechnical report requirements of this section may be waived.

C. Geotechnical Report Requirements. The required report shall evaluate the existing site conditions, including geologic, hydrologic and site capability to accommodate the proposed activity. At a minimum, the following shall be included:

1. Analysis of subsurface conditions;

2. Delineation of the site subject to seismic hazards;

3. Analysis of mitigation measures that may be employed to reduce or eliminate seismic risks, including an evaluation of the effectiveness of mitigation measures.

D. Implementation. Project development shall be required to implement all recommended requirements of the geotechnical report referenced in subsection C of this section, and any additional requirements as determined by city staff. If the hazard cannot be fully mitigated, the development may be denied. Compliance with the seismic requirements of the current and future editions of the International Building and Residential Codes, as applicable at the time of application for development, is required for all construction in seismic hazard areas. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.420 Flood hazard areas.

Areas which are prone to flooding and which are identified in the Federal Emergency Management Administration flood insurance rate maps for the city of West Richland (September 30, 1981) shall be subject to the requirements of this section.

A. Regulation. All development within flood hazard areas shall be subject to the requirements of the city of West Richland flood hazard construction standards (Chapter 18.16 WRMC). [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.500 Maintenance of existing structures.

Structures and facilities lawfully existing prior to the adoption of the ordinance codified in this chapter shall be allowed to be maintained and repaired without any additional review procedures under this title (other titles and permits may still apply); provided, the maintenance or repair activity itself remains consistent with the provisions of this chapter and does not increase its nonconformity of such structures or facilities. Additionally, such construction activity shall not prove harmful to adjacent properties. Maintenance consists of usual actions necessary to prevent a decline, lapse or cessation from a lawfully established condition. Repair consists of the restoration of a structure or facility comparable to its original condition within two years of sustaining damage or partial destruction. Maintenance and repair shall include damage incurred from accident, fire or the elements. Total replacement of a structure or facility, which is not common practice, does not constitute repair. In addition to the requirements of this section, the requirements of Chapter 17.72 WRMC, Nonconforming Use, shall apply. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.510 Exemptions from development standards.

As permitted by this section, certain activities and uses may be of such minor impact and character, or of such dependency to the maintenance and welfare of a lawfully permitted use, that the requirements of this title may be waived by the department. The following uses and activities may be exempted by the department from the requirements of this chapter:

A. Emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance with this chapter where necessary to:

1. Prevent an imminent threat to public health or safety; or

2. Prevent an imminent danger to public or private property; or

3. Prevent an imminent threat of serious environmental degradation.

The department shall determine on a case-by-case basis emergency actions that satisfy the general requirements of this subsection. In the event a person determines that the need to take emergency action is so urgent that there is insufficient time for review by the department, such emergency action may be taken immediately. The person undertaking such action shall notify the department within one working day of the commencement of the emergency activity. Following such notification, the department shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the department determines that the action taken or part of the action taken is beyond the scope of allowed emergency action, enforcement action according to the provisions of this chapter is warranted;

B. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife, when the plan for such has been reviewed and determined suitable by the department. The department may require the plan to be prepared by a qualified consultant;

C. Science research and educational facilities, including archaeological sites and attendant excavation, which do not require the construction of permanent structures or roads for vehicle access;

D. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities;

E. Existing and ongoing agricultural activities, as defined in this chapter;

F. Maintenance, operation, reconstruction and widening of existing roads, streets, utility lines, irrigation canals, and associated structures; provided no new right-of-way or utility easements are required within the critical area or its buffer, and best management practices are utilized to minimize any impacts to the critical area;

G. Activities on improved roads, rights-of-way, easements, or existing driveways;

H. Activities having minimum adverse impacts on wetlands, such as passive recreational uses, sport fishing or hunting;

I. Minor activities not mentioned above and determined by the department to pose only minimal risk to the critical area. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.520 Variances from the minimum requirements.

A. Variance applications shall be processed by the city according to the variance procedures set forth in WRMC Title 14. The required showings for a variance shall be according to this section. The burden is upon the applicant in meeting the required showings for the granting of a variance. The granting of a variance does not remove the requirement that impacts to wetlands or streams be mitigated for as per the provisions of this code.

B. The reviewing body (the board of adjustment, except when the city council is the hearing body on a consolidated application involving a Type IV application, as set forth in WRMC Title 14) shall have the authority to grant a variance from the provisions of this chapter, when, in the opinion of the reviewing body, the conditions as set forth in this section have been found to exist. In such cases, a variance may be granted which is in harmony with the general purpose and intent of this chapter.

1. Required Showings for a Variance. Before any variance may be granted, it shall be shown:

a. That there are special circumstances applicable to the subject property or the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and that support the granting of a variance from the minimum requirements; and

b. That such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which, because of this chapter, is denied to the property in question; and

c. That the granting of such variance will not be materially detrimental to the public health, safety, and welfare.

2. Granting a Variance. When granting a variance, the reviewing body shall determine that the circumstances do exist as required by this section, and may attach specific conditions to the variance that will serve to accomplish the standards, criteria and policies established by this chapter.

C. To apply for a variance, the applicant shall submit to the city a complete variance application. Such application shall include a site plan, pertinent information, a cover letter addressing the required showings for a variance and required fees. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.530 Reasonable use exceptions.

If the application of this chapter would preclude all reasonable use of a property, some development may be permitted, consistent with the general purposes and intent of this chapter.

A. Information Required. An application for a reasonable use exception shall be in writing to the department director and shall include the following information:

1. A description of the area of the site that is within a critical resource area or within the setbacks or buffers as required under this title;

2. The area of the site that is regulated under the respective setbacks (minimum yards) and maximum lot coverage of the zoning code (WRMC Title 17);

3. An analysis of the impact that the amount of development proposed would have on the critical area as defined under this title;

4. An analysis of whether any other reasonable use with less impact on the critical area and buffer area, as required, is possible;

5. A design of the project as proposed as a reasonable use so that the development will have the least practicable impact on the critical area;

6. A description and analysis of the modification requested of the minimum requirements of this title to accommodate the proposed development;

7. Such other information as may be required by the department that is reasonable and necessary to evaluate the reasonable use respective to the proposed development.

B. Findings for Approval of Reasonable Use Exception. If an applicant successfully demonstrates that the requirements of this title would deny all reasonable use of a property, development may be permitted. The department director shall make written findings as follows:

1. There is no feasible alternative to the proposed development that has less impact on the critical area;

2. The proposed development does not present a threat to the public health, safety or welfare;

3. Any modification of the requirements of this title shall be the minimum necessary to allow for the reasonable use of the property;

4. The inability of the applicant to derive a reasonable use of the property is not the result of actions by the applicant which resulted in the creation of the undevelopable condition after the effective date of the applicable sections of this chapter;

5. The proposal mitigates the impacts to the critical area to the maximum extent practicable, while maintaining the reasonable use of the site;

6. That all other provisions of this chapter apply excepting that which is the minimum necessary to allow for the reasonable use of the site or property. The director may impose any reasonable conditions on the granting of the reasonable use exception, consistent with the minimum requirements of this chapter.

C. Notification of Decision. A decision by the director under this section shall be provided, in writing, to the applicant and all property owners adjacent to or abutting the site. The applicant shall be responsible for providing a current listing of all adjacent property owners along with application for a reasonable use exception.

D. Appeal of Director’s Decision. The decision of the director may be appealed in accordance with the procedures established under WRMC Title 14.

E. Limits of Applying Reasonable Use Exception. A reasonable use exception shall only be considered in those situations where a reasonable use would be prohibited under this title. An applicant who seeks an exception from the minimum requirements of this title shall request a variance under the provisions of this title.

F. Time Limitation. A reasonable use exception shall be valid for a period of two years, unless an extension is granted by the department at least 30 days prior to the expiration date. Any extension granted shall be on a one-time basis and shall be valid for a period not to exceed one year. The time limit is void if the applicant fails to procure the necessary development permit within the time allotted. The department may grant a time extension if:

1. Unforeseen circumstances or conditions necessitate the extension of the development exception; and

2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.540 Performance bonding.

As part of any mitigation plan that is not fully completed prior to commencing the proposed development activity, the city shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the city to insure mitigation is completed and successful.

A. The performance bond or other security shall be 150 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater.

B. The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney.

C. Bonds or other security authorized by this section shall remain in effect until the city determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of three years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

D. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or owner to complete required mitigation, maintenance, monitoring, or restoration.

E. Public development proposals shall be relieved from having to comply with the bonding requirements of this section.

F. Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due, or to comply with other provisions of an approved mitigation plan, shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the municipal code or any other law.

G. Any funds recovered pursuant to this section shall be used to complete the required mitigation. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.550 Suspension – Revocation – Compliance monitoring.

In addition to other penalties provided elsewhere, the department may suspend or revoke an approval if it finds that the applicant has not complied with any or all of the conditions or limitations set forth in the approval, has exceeded the scope of work set forth in the approval, or has failed to undertake the project in the manner set forth in the approved application.

To assist in the enforcement of this chapter, the city may require or perform periodic monitoring of critical area sites and their buffers before, during, and after any permitted development activity on or near a critical area. Such monitoring should include photos, land use surveys, and other documentation of the condition of the critical area and its buffer. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.560 Penalties and enforcement.

A. The community development director shall have authority to enforce this chapter, any rule or regulation adopted, and any permit, order or approval issued pursuant to this chapter, against any violation or threatened violation thereof. The community development director is authorized to issue violation notices and administrative orders, levy fines and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, approval or order issued pursuant to this chapter shall be a separate offense, and, in the case of a continuing violation, each day’s continuance shall be deemed a separate and distinct offense. All costs, fees and expenses in connection with enforcement actions may be recovered as damages against the violator.

B. The community development director may serve upon a person a cease and desist order if any activity being undertaken in a designated critical area or its buffer is in violation of this chapter. Whenever any person violates this chapter or any approval issued to implement this chapter, the community development director may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom.

C. Any person who undertakes any activity within a designated critical area or within a required buffer without first obtaining an approval required by this chapter, except as specifically exempted, or any person who violates one or more conditions of any approval required by this chapter or of any cease and desist order issued pursuant to this chapter may incur a civil penalty as provided for in Chapter 17.81 WRMC.

D. The city’s enforcement of this chapter shall proceed according to Chapter 17.81 WRMC. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.570 Previously approved subdivisions and developments.

With adoption of the ordinance codified in this chapter, it is recognized that there may be some subdivisions and developments that have been authorized under Ordinance No. 15-96 (Chapter 18.20 WRMC, Sensitive Areas), but which have not yet been developed and may not comply with the requirements of this chapter.

A. Uncompleted Subdivisions. As set forth in RCW 58.17.170, a final plat application that conforms to the conditions of preliminary plat approval and laws in effect at the time of preliminary plat approval shall be approved. Once the lots are created, they constitute a valid land use, notwithstanding any change in zoning laws, for a period of five years from the recording date of the final plat. The lots of the subdivision are to be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

Any lot within a critical area that remains undeveloped after five years from the recording date of the final plat shall be subject to the full provisions of this chapter.

B. Uncompleted Developments. Developments authorized or vested by conditional use permit, building permit or a complete zoning application shall be subject to the version of Chapter 18.20 WRMC, Sensitive Areas, at time of application, so long as the authorizing permit remains valid. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.580 Nonconforming uses.

An established use of an existing structure that was lawfully permitted prior to adoption of the ordinance codified in this chapter may continue subject to the following:

A. Nonconforming uses shall not be expanded or changed in any way that increases their nonconformity. However, an existing use may be changed to a less intensive use provided all other zoning and land use regulations are met;

B. Existing structures shall not be expanded or altered in any manner that will increase the nonconformity;

C. Activities or uses which are discontinued for 12 consecutive months shall be allowed to resume only if they are in compliance with this chapter; and

D. Nonconforming uses or structures destroyed by an act of God may be replaced or resumed. [Ord. 16-17 § 1, 2017; Ord. 34-08 § 1, 2008].

18.25.590 Agricultural activities.

Repealed by Ord. 16-17. [Ord. 34-08 § 1, 2008].

18.25.600 Filing fees.

Repealed by Ord. 16-15. [Ord. 34-08 § 1, 2008].