Chapter 17.03
SHORELINE ENVIRONMENT DESIGNATIONS

Sections:

17.03.005    Intent of provisions.

17.03.010    Floodway/channel migration zone (CMZ).

17.03.020    Urban conservancy.

17.03.030    High intensity.

17.03.040    Essential public facilities.

17.03.050    Shoreline residential.

17.03.060    Aquatic.

17.03.070    Shoreline use and modification matrix.

17.03.080    Development standards.

17.03.090    Official shoreline maps and unmapped or undesignated shorelines.

17.03.100    Predesignation.

17.03.005 Intent of provisions.

This SMP is intended to meet the requirements in WAC 173-26-211. It states that:

Master programs shall contain a system to classify shoreline areas into specific environment designations. This classification system shall be based on the existing use pattern, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through comprehensive plans as well as the criteria in this section. Each master program’s classification system shall be consistent with that described in WAC 173-26-211(4) and (5) unless the alternative proposed provides equal or better implementation of the act.

This SMP is consistent with these requirements, deviating from WAC 173-26-211(4) and (5) with respect only to some environment designation names, or the addition of new environment designations where such provides the city with opportunity to provide further, but complementary, designations consistent with existing land management plans. Each environment designation contains a purpose statement, designation criteria, and management policies components. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.010 Floodway/channel migration zone (CMZ).

A.    Purpose. The “floodway/CMZ” environment is intended to protect the water areas, islands, associated overflow channels, and channel migration areas. This environment provides for the movement of the river within its floodplain, and emphasizes preservation of the natural hydraulic, geologic and biological functions of the city’s shorelines that are constrained by biophysical limitations.

B.    Designation Criteria. The floodway/CMZ designation is assigned to shoreline areas that are within a mapped channel migration zone and/or within a designated FEMA floodway. The extent of the floodway/CMZ designation should never extend beyond the limitations of the shoreline CMZ found in WAC 173-26-221(3)(b). Areas separated from the active river channel by existing legal artificial channel constraints should not be considered as part of the CMZ. In addition, areas that are separated from the active channel by legally existing artificial structure(s) including transportation facilities, built above or constructed to remain intact through the one-hundred-year flood, should also not be considered part of the CMZ.

C.    Management Policies.

1.    Commercial, industrial, mining, nonwater-oriented recreation, roads, utilities, parking areas, and residences should generally not be located in the floodway/CMZ environment. Other uses (recreation, resource, etc.) should be carefully limited to protect shoreline functions.

2.    Activities that may degrade the value of the floodway/CMZ environment should be limited, and development in hazardous areas should be restricted.

3.    Modifications that harden or fix stream banks and channels should be discouraged. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.020 Urban conservancy.

A.    Purpose. The “urban conservancy” environment is intended to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses.

B.    Designation Criteria. Specific criteria for designation of the urban conservancy environment include areas or properties that:

1.    Lie in the city limits and urban growth areas;

2.    Are planned for development that is compatible with the principles of maintaining or restoring the ecological functions of the area;

3.    Are suitable for water-enjoyment uses;

4.    Are open space or floodplains; or

5.    Are areas that retain important ecological functions which should not be more intensively developed.

C.    Management Policies.

1.    Allowed uses for the urban conservancy environment generally include uses which preserve the natural character of the area, and promote the preservation of open space, floodplains or sensitive lands.

2.    Uses allowed under this designation should focus on recreation.

3.    Commercial, industrial and residential uses should be limited, and when allowed, result in restoration of ecological functions.

4.    Public access and recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.030 High intensity.

A.    Purpose. The purpose of the “high intensity” environment is to provide for high intensity water-oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded.

B.    Designation Criteria. Specific criteria for designation of the high intensity environment include areas or properties that:

1.    Presently support high intensity land uses including commercial, industrial, urban recreational, transportation, or high intensity water-oriented uses.

2.    Are planned to accommodate urban expansion of uses listed in subsection (B)(1) of this section.

C.    Management Policies.

1.    Water-oriented commercial, industrial, and recreation uses should be given high priority in the high intensity environment. First priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses. Nonwater-oriented uses should not be allowed except as part of mixed-use developments. Nonwater-oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline. Public benefits such as ecological restoration or public access may be required in association with nonwater-oriented development.

2.    When considering shoreline environment designation amendment proposals, full utilization of existing high intensity areas should be achieved before further expansion of intensive development is allowed.

3.    New development in the high intensity designation should assure no net loss of shoreline ecological functions. Where applicable, new development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law.

4.    Where feasible, visual and physical public access should be required as part of development in the high intensity designation unless it already exists to serve the development or other safety, security, or fragile environmental conditions apply.

5.    Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative separation. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.040 Essential public facilities.

A.    Purpose. The “essential public facilities” environment is intended to support planning and maintenance of existing essential public facilities.

B.    Designation Criteria. The essential public facilities designation is assigned to lands containing those facilities that are typically difficult to site or relocate, such as state or regional transportation facilities and wastewater handling facilities.

C.    Management Policies.

1.    Essential public facilities and their accessory or supporting uses are allowed in the essential public facilities environment.

2.    Allowed new development in the essential public facilities designation should assure no net loss of shoreline ecological functions.

3.    Where applicable, new and expanded development should include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law.

4.    Expansion and improvement of existing facilities should be allowed, with mitigation sequencing applied to avoid and then minimize adverse impacts to the extent consistent with the specific facility and public needs, with mitigation required for any remaining adverse impacts. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.050 Shoreline residential.

A.    Purpose. The purpose of the “shoreline residential” environment is to accommodate residential development and appurtenant structures that are consistent with the SMP. An additional purpose is to provide appropriate public access and recreational uses.

B.    Designation Criteria. Assign a shoreline residential environment designation to areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development.

C.    Management Policies.

1.    Development standards addressing the development envelope, water quality, and vegetation should assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations.

2.    Multifamily and multilot residential and recreational developments should provide public access and joint use for community recreational facilities.

3.    Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.

4.    Commercial development should be limited to water-oriented uses and allowed only when the underlying zoning permits such uses. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.060 Aquatic.

A.    Purpose. The purpose of the “aquatic” environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark of shoreline lakes.

B.    Designation Criteria. The aquatic designation applies to lands and waters waterward of the ordinary high water mark of shoreline lakes.

C.    Management Policies.

1.    Allow new over-water structures only for water-dependent uses, public access, or ecological restoration. The size of new over-water structures should be limited to the minimum necessary to support the structure’s intended use.

2.    In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over-water facilities should be encouraged.

3.    Uses that could adversely impact the ecological functions of critical freshwater habitats should not be allowed except where necessary to achieve the objectives of the Shoreline Management Act, and then only when their impacts are mitigated according to mitigation sequencing as necessary to assure no net loss of ecological functions.

4.    Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions.

5.    When considering development or activities in the aquatic environment, the city should favor development and activities associated with preferred uses of the Shoreline Management Act and apply development standards that consider water quality, navigation, presence of aquatic vegetation, existing critical habitats, aesthetics, public access, and views. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.070 Shoreline use and modification matrix.

Table 03.070-1 lists the uses and activities for each shoreline environment designation that are allowed by substantial development permit and/or conditional use permit, or are prohibited. Such uses shall be processed in accordance with Chapter 17.13 YMC (Administration and Enforcement). This table does not change those situations of when this title does not apply to a development (YMC 17.01.020, Applicability), or when a use or activity listed as needing a shoreline substantial development permit may qualify for an exemption instead (YMC 17.13.050, Exemptions from shoreline substantial development permits). Definitions for some uses are provided in YMC 17.01.090. The provisions in Table 03.070-1 apply to specific common uses and types of development only to the extent they occur within shoreline jurisdiction.

 

Table 03.070-1. Shoreline Use and Modification Matrix 

 

Shoreline Use or Modification

 

High Intensity

Essential Public Facilities

Shoreline Residential

Urban Conservancy

Floodway/Channel
Migration Zone (CMZ)

Aquatic—Lakes

Key:

S = Shoreline Substantial Development Permit or Exemption

C = Shoreline Conditional Use Permit

X = Prohibited N/A = Not Applicable

Agriculture

Agricultural Activities

S

X

S

S

S

N/A

Agricultural Market, Agricultural Stand

S

X

X

S

X

N/A

Winery and Brewery

S

X

X

S

X

N/A

Agriculture-Industrial

 

 

 

 

 

 

Agricultural Chemical Sales/Storage

S

X

X

X

X

N/A

Agricultural Related Industries and Storage

S

X

X

C

X

N/A

Concentrated Feeding Operation

X

X

X

X

X

N/A

Aquaculture

Rearing

 

 

 

 

 

 

Commercial

X

X

X

X

X

X

Noncommercial

S

S

X

C

C

S

Processing

X

X

X

X

X

X

Packing and Storage

See Industry/Manufacturing/Storage

Boating and Private Moorage Facilities

Boat Launches

 

 

 

 

 

 

Private

S

X

C

X

X

See upland designation

Public/Community/Commercial

S

S

S

S

S

S

Pier/Dock

 

 

 

 

 

 

Single-Family Residence Facility to Access Watercraft

N/A

X

S

X

X

S

Water-Dependent Commercial, Industrial, Aquaculture, Recreational, or Community Residential Use; or Public Access

S

X

S

X

X

S

Commercial and Service Development

Retail, Trade, and Service

 

 

 

 

 

 

Water-Oriented

S

X

X

S

X

C

Nonwater-Oriented

 

 

 

 

 

 

General

C

X

X

C

X

X

General + Public Benefit1

S

X

X

C

X

X

Separated from Shoreline

S

X

X

S

X

X

Mixed-Use4 Project that Includes a Water-Dependent Commercial, Industrial, Aquaculture, or Recreational Use

S

X

X

S

X

C

Outdoor Manufacturing, Processing and Storage

S

X

X

X

X

X

Community Services and Institutional Uses

 

 

 

 

 

 

Water-Oriented

S

S

X

S

X

C

Nonwater-Oriented

 

 

 

 

 

 

General

C

C

X

C

X

X

Separated from Shoreline

S

S

X

S

X

N/A

Mixed-Use4 Project that Includes a Water-Dependent Commercial, Industrial, Aquaculture, or Recreational Use

S

S

X

S

X

C

Health and Social Service Facility

S

S

X

X

X

X

Mixed-Use Building5

S

X

X

X

X

X

Dredging and Dredge Material Disposal

Dredging for Water-Dependent Use and Public Access

N/A

C

N/A

N/A

C

C

Dredging for Existing Navigation Uses

N/A

X

N/A

N/A

X

C

Dredging for Habitat Restoration

N/A

S

N/A

N/A

S

S

Dredging, Other

N/A

X

N/A

N/A

X

X

Disposal of Dredged Material, General

S

S

X

X

X

X

Disposal of Dredged Material, General + Part of Restoration Plan

S

S

X

C

C

X

Dredging Maintenance Plan

N/A

S

N/A

N/A

S

S

Fill

Waterward of the OHWM, General

N/A

C

N/A

N/A

C

C

Waterward of the OHWM, General + Part of Restoration Plan

N/A

S

N/A

N/A

S

S

Upland of the OHWM, General

S

S

S

S

C

N/A

Upland of the OHWM, Part of Restoration Plan

S

S

S

S

S

N/A

Flood Hazard Reduction Measures

Modification of Existing Flood Hazard Facilities (including relocation farther landward)

S

S

S

S

S

N/A

New Facilities

C

C

C

C

C

N/A

Forest Practices

Forest Practices

N/A

N/A

N/A

N/A

N/A

N/A

Industry/Manufacturing/Storage

Water-Oriented

S

X

X

C

X

C

Nonwater-Oriented

 

 

 

 

 

 

General

C

X

X

X

X

X

General + Part of Restoration Plan, Provides Other Public Benefit1, or Located in Degraded Area2

S

X

X

X

X

X

Outdoor Manufacturing, Processing and Storage

X

X

X

X

X

X

Separated from Shoreline

S

X

X

C

X

N/A

Mixed-Use4 Project That Includes a Water-Dependent Commercial, Industrial, Aquaculture, or Recreational Use

S

X

X

C

X

C

In-Water Structures

To Protect Public Facilities

C

C

C

C

C

C

To Protect or Restore Ecological Functions

S

S

S

S

S

S

To Monitor Flows, Water Quality, or Other Habitat Characteristics

S

S

S

S

S

S

Other

C

C

C

X

X

C

Mining

Surface Mining

C

X

X

X

X

X

Underground Mining

X

X

X

X

X

X

Mining for Habitat Restoration

S

S

S

S

C

S

Recreational Development

Water-Oriented

 

 

 

 

 

 

High Intensity, General

S

S

S

C

C

C

High Intensity, General + Part of Restoration Plan or Located in Degraded Area2

S

S

S

S

S

S

Moderate Intensity, General

S

S

S

S

C

C

Moderate Intensity, General + Part of Restoration Plan or Located in Degraded Area2

S

S

S

S

S

S

Low Intensity

S

S

S

S

S

S

Trails

S

S

S

S

S

S

Recreation Maintenance Plan

S

S

S

S

S

S

Nonwater-Oriented

 

 

 

 

 

 

General

C

X

X

C

X

X

Sites Separated from Shoreline

S

X

S

S

C

N/A

Indoor

See Commercial and Service Development

Residential Development

Single-Family Dwelling

S

X

S

S

X

N/A

Accessory Dwelling Unit

S

X

S

S

X

N/A

Duplex

S

X

C

C

X

N/A

Multifamily Dwelling

S

X

X

X

X

N/A

Manufactured Home Park or Subdivision3

C

X

X

X

X

N/A

Houseboats and Over-Water Residential Uses

N/A

X

N/A

N/A

X

X

Residential Maintenance Plan

S

N/A

S

N/A

N/A

S

Shoreline Habitat and Natural Systems Enhancement Projects

Shoreline Habitat and Natural Systems Enhancement Projects

S

S

S

S

S

S

Shoreline Stabilization

Hard Stabilization

C

C

C

C

C

C

Soft Stabilization

S

S

S

C

C

S

Repair and Replacement

S

S

S

S

S

S

Signs

On-Premises for Authorized Use

S

S

S

S

S

S

Off-Premises

S

S

X

X

X

X

Informational (directional, landmark, trail marker, etc.)

S

S

S

S

S

S

Transportation and Parking

New Access Roads Serving Permitted Uses

S

S

S

S

C

N/A

Expanded Access Roads Serving Permitted Uses

S

S

S

S

S

N/A

New Highways, Freeways, Arterials and Collectors

S

S

C

C

C

C

Expanded Highways, Freeways, Arterials and Collectors

S

S

S

S

S

S

New Bridges

S

S

C

C

C

C

Expanded Bridges

S

S

S

S

S

S

Transportation Maintenance Plan

S

S

S

S

S

N/A

Transportation Maintenance Facilities

C

S

X

C

X

X

New Railways

S

S

C

C

C

C

Expanded Railways

S

S

S

S

S

S

Parking for Authorized Use

Reviewed as part of authorized use.

Park and Ride Lots and Similar Stand Alone Parking

C

S

X

X

X

X

Utilities

Utility Services Accessory to Individual Shoreline Projects

Reviewed as part of authorized use.

Utility Services to Projects outside Shoreline Jurisdiction

S

S

S

S

C

C

New Power Generating Facilities

C

C

X

C

X

C

Expanded Power Generating Facilities

S

S

X

C

X

C

Utility Transmission Lines

S

S

C

C

C

C

New Utility Services, General

C

C

C

C

C

C

Expanded Utility Services, General

S

S

S

S

C

C

Utility Maintenance Plan

S

S

S

S

S

S

Wastewater Treatment Facility

C

S

X

C

C

X

Wastewater Treatment Facility + Part of Restoration Plan or Located in Degraded Area2

S

S

X

S

S

X

1    Public benefit equals public access for substantial numbers of persons or shoreline ecological restoration.

2    Degraded area equals improved rights-of-way, levees, previously legally degraded land, or existing impervious area.

3    Construction of a manufactured home on an existing lot is permitted as a “single-family dwelling.”

4    In this context, “mixed-use” means a shoreline development that includes and supports a water-dependent use.

5    “Mixed-use building” means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use.

(Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.080 Development standards.

A.    There shall be a thirty-five-foot maximum building height for all structures, except that utility towers and poles, water treatment towers, wastewater treatment facilities and bridges are not required to meet this standard. To exceed thirty-five feet, an applicant must apply for a shoreline variance, and comply with the following criteria in addition to standard shoreline variance criteria:

1.    Demonstrate that overriding considerations of the public interest will be served.

2.    Demonstrate that the proposal will not obstruct the view of a substantial number of residences on areas adjoining such shorelines or impair views from public lands or impair scenic vistas to the Yakima Greenway or Naches River or associated lakes.

B.    Minimum shoreline lot frontage shall be consistent with underlying zoning and be no less in width than the following by shoreline environment:

1.    High intensity, essential public facilities: thirty-five feet.

2.    Shoreline residential: fifty feet.

3.    Urban conservancy, floodway/CMZ: sixty feet.

C.    Shoreline buffers: See YMC 17.09.030.

D.    Minimum structure setback from side property lines in shoreline jurisdiction shall be consistent with the underlying zoning and no less than five feet. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.090 Official shoreline maps and unmapped or undesignated shorelines.

A.    The shoreline jurisdiction and environment designations established by this title are shown on the official Shoreline Jurisdiction and Environment Designations Map for the Yakima urban growth area. The official Shoreline Jurisdiction and Environment Designations Map, together with all the explanatory material thereon, is adopted by reference and declared to be a part of this SMP. The electronic files of the official map will be considered the official version and may be updated administratively or through an SMP amendment as indicated in subsections B, C and D of this section. The Department of Ecology will be provided with electronic files of the official map when any updates are made. Minor mapping errors corrected administratively shall not be greater than one acre in size. If greater than one acre in size, an SMP amendment shall be completed within three years of finding the mapping error.

B.    Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline water body related to site-specific surveys of ordinary high water mark, floodway, channel migration zones, and/or floodplain are automatically assigned the category of the contiguous waterward shoreline environment designation. Where the mapping inaccuracy results in inclusion of an unmapped associated wetland, that wetland shall be assigned an urban conservancy environment designation. Correction of these minor mapping inaccuracies may be made and incorporated into the official Shoreline Jurisdiction and Environment Designations Map without an SMP amendment.

C.    All other areas of shoreline jurisdiction that were neither mapped as jurisdiction nor assigned an environment designation shall be assigned an urban conservancy designation until the shoreline can be redesignated through an SMP amendment process conducted consistent with WAC 173-26-100 and YMC 17.13.140.

D.    The actual location of the OHWM, floodplain, floodway, and wetland boundaries must be determined at the time a development is proposed. Wetland boundary and ordinary high water mark determinations are valid for five years from the date they are assessed and flagged in the field. After five years have elapsed, the city shall determine whether a revision or additional assessment is necessary. Floodplain and floodway boundaries should be assessed using FEMA maps or the most current, accurate, and complete scientific and technical information available.

E.    In addition, any property shown in shoreline jurisdiction that does not meet the criteria for shoreline jurisdiction shall not be subject to the requirements of this SMP. Revisions to the official Shoreline Jurisdiction and Environment Designations Map may be made as outlined in subsection B of this section without an SMP amendment. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).

17.03.100 Predesignation.

The city of Yakima has adopted shoreline environment predesignations for shorelines located outside of city limits but within the city’s urban growth area. In the event of annexation of a shoreline, the affected area shall be subject to the Yakima shoreline master program upon the effective date of the annexation.

The city has also adopted shoreline environment predesignations for Buchanan Lake and its future associated shorelands. In the event that the Washington Department of Natural Resources Surface Mine Reclamation Permit lapses or is terminated, or when the city receives a permit application for new development on or uses of Buchanan Lake, Buchanan Lake shall be considered a shoreline water body and will be subject to this SMP. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).