Chapter 16C.06 FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR SYSTEM

(1) The stream corridor system includes hydrologically related critical areas, streams, lakes, ponds, and wetlands, and is part of a fragile and highly complex relationship of geology, soils, water, vegetation, and wildlife. The purpose of this chapter is to establish guidelines, policies, and standards to help conserve, protect, and, where feasible, restore and enhance this complex relationship. These regulations have been designed to:

(a) Meet the requirements of the Growth Management Act (RCW 36.70A.172) to protect the functions and values of fish and wildlife habitat, wetlands, stream undercutting geologic hazards and frequently flooded areas; and to give special consideration to anadromous fish;

(b) Meet eligibility requirements of the National Flood Insurance Program (NFIP), and the authorities set forth in RCW 86.12.

(2) The guidelines, policies, and standards of this chapter are intended to:

(a) Provide alternatives for necessary development, construction, and uses within a designated stream corridor and other hydrologically related critical areas;

(b) Prevent further degradation in the quantity and quality of surface and subsurface waters;

(c) Conserve, restore, and protect sensitive or unique fish and wildlife habitats, vegetation, and ecological relationships;

(d) Protect public and private properties from adverse effects of improper development within hazardous or sensitive areas of the stream corridor;

(e) Provide a zero net loss of natural wetlands functions and values together with a gain of wetlands in the long term, if reasonably possible through voluntary agreements or government incentives;

(f) Establish measures to protect streams, lakes, ponds, and wetlands;

(g) Recognize that, based on WAC 365-190-130(1) (Fish and Wildlife Habitat Conservation Areas) fish and wildlife habitat conservation means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability. Fish and wildlife habitat conservation areas contribute to the state's biodiversity and occur on both publicly and privately owned lands. Designating these areas is an important part of land use planning for appropriate development densities, urban growth area boundaries, open space corridors, and incentive-based land conservation and stewardship programs.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 2-2009 § 2 (Exh. A (9)), 2009; Ord. 13-2007 §1 (Exh. A)(16C.06.01), 2007).

16C.06.02 Protection Approach.

(1) To maintain viable populations of fish and wildlife species, there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals at a variety of scales across the landscape. Key factors affecting habitat quality include fragmentation, the presence of essential resources such as food, water, nest building materials, the complexity of the environment, and the presence or absence of predator species and diseases. As a method of linking large habitat areas, migration corridors offer a means by which to connect publicly protected lands and other intact habitat areas. Riparian corridors offer a natural system of such linkages. Yakima County accomplishes fish and wildlife habitat protection in 3 parts:

(a) Protect habitat for aquatic (in-water) species through stream, lake, pond and wetland standards;

(b) Protect habitat for riparian (near-water) species through stream, lake, pond, and wetland standards and buffer requirements;

(2) Yakima County has a very high proportion of federal, state and other publicly and tribally owned land, including State Natural Area Preserves and Natural Resource Conservation Areas. These lands are managed to some extent for the conservation of wildlife habitat. Consequently, one of Yakima County’s approaches to protecting all wildlife habitat types is to rely on the management of these lands by the responsible entity. The protection of Larch mountain salamander (Plethodon larselli) (State Sensitive, Federal Species of Concern) and spotted owl (Strix occidentalis) (State Endangered, Federal Threatened) habitat is accomplished through this approach, since their habitat of primary association is located within Federal ownership.

(3) To accomplish upland wildlife protection on private lands, Yakima County uses Washington State Department of Fish and Wildlife staff consultation and Priority Habitat and Species mapping to identify wildlife habitat. Yakima County relies upon large lot/low density provisions of the Remote/Extremely Limited Development Potential (40-acre minimum), Forest Watershed (80-acre minimum) and Agriculture (40-acre minimum) zoning districts to protect upland wildlife on private lands. Proposed development within upland wildlife habitat areas is reviewed in accordance with 16C.03.02(3)(c)(ii) to determine if a habitat assessment is required.

(4) Corridors for wildlife to move between large habitat areas are a component of wildlife habitat. In semi-arid regions such as Yakima County, riparian corridors not only offer migratory linkages between large habitat areas but also offer important refuge and habitat for numerous species that rely on the riparian areas for their existence. Yakima County’s approach to protect wildlife migration corridors is to rely on the protection measures for stream corridors, wetlands, upland wildlife habitat, and Shoreline jurisdiction (YCC 16D), where applicable.

(5) Through the wildlife habitat analysis, habitat for listed state and federal threatened, endangered, and sensitive species was assessed and incorporated for upland species. Consequently, Yakima County’s approach to protect habitat for listed state and federal threatened, endangered, and sensitive upland species is outlined in Sections 16C.11.060 and 16C.11.070. Protection measures for bull trout (Salvelinus confluentus) (State Candidate, Federal Threatened) and steelhead (Oncorhynchus mykiss) (State Candidate, Federal Threatened) are accomplished by the standards in chapter 16C.06.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 2-2009 § 2 (Exh. A (10), (11), (12)), 2009; Ord. 13-2007 §1 (Exh. A)(16C.06.02), 2007).

ARTICLE II – DESIGNATION AND MAPPING

16C.06.03 Hydrologically Related Critical Area Features.

The stream corridor and other hydrologically related critical areas are designated critical areas and include one or more of the following features:

(1) Any floodway and floodplain identified as a special flood hazard area. Special flood hazard areas are those identified by the Federal Insurance Administration in the Flood Insurance Study for Yakima County which, together with accompanying Flood Insurance Rate Maps and frequently flooded areas are hereby adopted by reference and declared to be a part of this title as set forth in Chapters 16C.05.20 through 16C.05.72;

(2) Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the Ordinary High Water Mark;

(3) Naturally occurring ponds under twenty acres and their submerged aquatic beds; and man-made lakes and ponds created within a stream channel designated under (2) above;

(4) All wetlands, that meet the definition found in Section 16C.02.425, as required by WAC 365-190-080(1), and as designated in Section 16C.07.02(1) of the wetland chapter;

(5) Where specifically cited, any flood-prone area not included in a designated floodway and floodplain, but indicated as flood-prone (i.e. specific flood frequency, stream channel migration), by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data;

(6) A buffer area extending on a horizontal plane from the ordinary high water mark of a stream channel, lake, or pond, designated in this section or from the edge of a wetland designated in this section according to the distances set forth in Section 16C.06.16 (Vegetative Buffers).

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.03), 2007).

16C.06.05 Functional Properties.

(1) Streams, lakes and ponds and wetlands require a sufficient riparian area to support one or more of the following functional properties:

(a) Streambank and shore stabilization;

(b) Providing sufficient shade through canopy cover to maintain water temperatures at optimum levels and to support fish habitat;

(d) Filtering solids, nutrients, and harmful substances;

(e) Surface erosion prevention;

(f) Providing and maintaining migratory corridors for wildlife;

(g) Supporting a diversity of wildlife habitat;

(h) Providing floodplain functions noted below;

(i) Contributing woody debris and organic matter to the aquatic environment;

(j) Providing altered climatic conditions different from upland areas.

(2) Stream channels generally support one or more of the following functional properties:

(a) Groundwater recharge and/or discharge;

(b) Water transport;

(d) Biogeochemical functions (see lakes, ponds and wetland functions below);

(e) Channel migration and creation of a dynamic habitat mosaic;

(f) Food web and habitat functions.

(3) Lakes, ponds and wetlands generally provide similar functions, sometimes to a greater or lesser degree. Wetlands are often located along the margins of lakes and ponds, which often mixes the functions between the two. Lakes, ponds and wetlands generally provide one or more of the following functional properties:

(a) Biogeochemical functions, which are related to trapping and transforming chemicals and include functions that improve water quality in the watershed such as: nutrient retention and transformation, sediment retention, metals and toxics retention and transformation;

(b) Hydrologic functions, which are related to maintaining the water regime in a watershed, such as: flood flow attenuation, decreasing erosion, groundwater recharge;

(c) Food web and fish and wildlife habitat functions, which includes habitat for: invertebrates, amphibians, anadromous fish, resident fish, birds, mammals.

(4) Floodplains generally provide one or more of the following functional properties:

(a) Floodwater storage and passage, including the movement of high velocity flood waters;

(b) Sediment storage and recruitment;

(d) Nutrient sink and/or source;

(e) Groundwater recharge and/or discharge.

(5) Some functions, as, for example, supporting a diversity of wildlife habitat, require larger areas which may not be achievable due to existing development and construction constraints. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. However, a reduction of standards impairs the hydrologically related critical area’s ability to support some functional properties. Reductions of standards should be offset by enhancement, restoration or preservation measures which replace lost functions or strengthen other functional properties if replacement of the lost functions is not possible.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 2-2009 § 2 (Exh. A (14)), 2009; Ord. 13-2007 §1 (Exh. A)(16C.06.05), 2007).

16C.06.06 Stream, Lake and Pond Typing System.

For purposes of this title, Yakima County hereby adopts a stream, lake and pond typing system, for those features designated as critical areas in section 16C.06.03 (Hydrologically Related Critical Area Features), as follows:

(1) Type 1 streams, lakes and ponds are those waters, within their ordinary high water mark (OHWM), meeting the criteria as “shorelines of the state” and “shorelines of statewide significance” under RCW Chapter 90.58, but not including those waters’ associated wetlands as defined in RCW Chapter 90.58. The current list of Shoreline waters, along with their specific shoreline environments are provided in Appendix B and C of the Shoreline Master Program. Type 1 streams and lakes are protected by the Shoreline Master Program (YCC Title 16D), rather than the CAO;

(2) Type 2 streams are those streams that may be perennial or seasonal and that are known to be used by anadromous fish or resident salmonids. Type 2 streams require protection due to the nature of their contributions to the functional properties listed in Section 16C.06.05. Designated Type 2 streams are listed in Appendix A of this title.

(3) Type 3 streams include all perennial streams within Yakima County not classified as Type 1 or 2;

(4) Type 4 streams are all intermittent streams within Yakima County not classified as Type 1, 2 or 3;

(5) Type 5 streams are all ephemeral streams within Yakima County not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated under this title;

(6) Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 shall have the same surface water type as the highest stream type associated with it.

(7) Natural lakes and ponds, not designated as a shoreline, that do not receive water from the OHWM of a Type 1, 2, 3, or 4 stream shall be Type 3 ponds.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 4-2013 §2 (Exh. 2) (part), 2013: Ord. 13-2007 §1 (Exh. A)(16C.06.06), 2007).

16C.06.07 Wetland Rating System.

Wetlands within Yakima County are defined in Section 16C.02.425 and are shown on the data maps referenced in Section 16C.06.08 (Maps). Most, but not all, of the wetlands within Yakima County occur near streams. All wetlands deserve a standard of protection, through the use of vegetative buffers, that is directly related to their contribution to the functional properties listed in Section 16C.06.05 (Functional Properties) and Section 16C.07.04 (Wetland Functions and Rating). For regulatory purposes, wetlands are classified into four categories according to the wetland rating system found in Section 16C.07.04(2) (Wetland Functions and Rating) of the wetland chapter.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.07), 2007).

16C.06.08 Maps.

Certain fish and wildlife habitat and hydrologically related critical areas have been inventoried and are depicted on a series of paper and electronic maps maintained at the Yakima County Public Services Department. The best available graphic depiction of critical areas within the county will be used and continuously updated as reliable data becomes available. Maps may be both regulatory and non-regulatory in nature as described below:

(1) Regulatory maps are created with a defined process not necessarily corresponding directly with easily observable physical features such as streams and wetlands. These maps define the regulated critical areas. They are also formally adopted by the Board of Yakima County Commissioners and may only be changed by that body. Regulatory maps include the following:

(a) Any floodway or floodplain identified as a special flood hazard area by the Federal Insurance Administration in the Flood Insurance Study for Yakima County.

(2) Administrative maps are intended to indicate the approximate presence, location and/or typing of the subject critical area features, and act as a trigger for further investigation of the extent and characteristics of critical areas in a specific project location. These maps were created using reconnaissance level or better data. Given site-specific variations in reconnaissance level data, more detailed information developed at the site-specific level may be used to modify the maps as it is developed; the maps maintained by the Yakima County Public Services Department do not officially define the extent or characteristics of specific critical areas; rather the physical characteristics that exist “on the ground” define the boundaries of the regulated critical areas. Administrative maps include, but are not limited to the following:

(a) Wetlands;

(b) Streams;

(d) Priority Habitat and Species (PHS) and Habitats of Local Importance - Mapped habitat areas for newly listed species will be generated as needed to supplement the existing maps. PHS and Habitats of local importance currently include:

(i) Available maps from WDFW regarding the location of those Priority Habitat and Species listed in Appendix B.

(ii) Type 2 Streams, lakes and/or ponds listed in Appendix A.

(e) Upland Wildlife Habitat Analysis Map.

(3) Other Information Sources. These are maps or other data sources, including special studies and management plans, which are neither produced or maintained by the Yakima County Public Services Department, which are used to indicate the presence of Critical Areas, importance or ranking of critical areas functions, or hazard or risk associated with Critical Areas. These information sources include, but are not limited to:

(a) Comprehensive Flood Hazard Management Plans and associated studies;

(b) Soil survey of Yakima County;

(c) Natural resource management plans, such as local and federal Recovery Plans, or Forest Plans prepared by the U.S. Forest Service;

(d) Surficial Geologic Maps;

(e) Historic and Current Aerial Photo Series;

(f) Geohydraulic studies – geologic cross sections showing aquifers and confining units;

(g) Priority Habitat and Species Maps.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 4-2013 §2 (Exh. 2) (part), 2013; Ord. 13-2007 §1 (Exh. A)(16C.06.08), 2007).

ARTICLE III – GENERAL DEVELOPMENT STANDARDS

16C.06.10 Prohibited Uses.

The following uses and activities are prohibited within a designated hydrologically related critical area:

(1) Storage, handling, and disposal of material or substances that are dangerous or hazardous with respect to water quality and life safety;

(2) Confinement feeding operations including livestock feedlots and dairy confinement areas;

(3) The placement of mining tailings, spoilage, and mining waste materials, except for that associated with the mining of gravel;

(4) The draining or filling of a wetland, lake or pond, except as provided for in Section 16C.06.21 (Filling);

(5) The removal and transport of material for fill outside of the stream corridor;

(6) Site runoff storage ponds, manure stockpiles and manure disposal, holding tanks and ponds, and other similar waste disposal facilities. This provision does not include municipal wastewater lines or septic systems approved by a local or state agency with authority to permit such facilities;

(7) Solid waste disposal sites;

(8) Automobile wrecking yards;

(9) Fill for the sole purpose of increasing land area within the stream corridor;

(10) Those uses located within the floodway fringe that are listed in Section 16C.05.32.020 (new and expanded mobile or manufactured home parks);

(11) Those uses located within the floodway that are listed in Section 16C.05.36.020 (dwellings, filling wetlands, landfills, junkyards, storage of vehicles and material, damming streams, and any use causing flood impacts);

(12) Construction or placement of an inhabitable structure within an identified landslide hazard area, landslide run-out area, or their buffers.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.10), 2007).

16C.06.11 General Policies and Standards.

The following policies and standards shall apply to any development, construction, or use carried out within a designated hydrologically related critical area:

(1) The Ordinary High Water Mark of a stream or lake, the edge of a wetland, and the outside edges of stream and/or wetland buffers shall be marked on the ground before any development, construction, or use is initiated.

(2) Any disturbance to existing riparian vegetation and any unique or sensitive vegetative species identified on the project site within the stream corridor shall be mitigated according to the standards set forth in Section 16C.03.10.

(3) Any disturbance to nesting areas and other sensitive wildlife habitat identified within a stream corridor shall be mitigated according to the standards set forth in Section 16C.03.10.

(4) Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered.

(5) Stormwater and Erosion Control. Developments that obtain a stormwater permit approved by a local, state or federal agency, and transportation projects using stormwater manuals that are deemed equivalent to the Yakima Regional Stormwater Manual are considered to have met the following required development standards that apply to all projects:

(a) Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of upland soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load.

(b) The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion.

(c) The removal of ground-cover vegetation, excavation, and grading shall be scheduled to ensure the minimal duration of exposed, unprotected soils.

(d) Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor which are determined will permanently increase stormwater and meltwater runoff into stream channels, drainage ways, and conduits, shall provide on-site or off-site facilities for the detention, control, and filtration of such increases.

(e) The discharge point for controlled stormwater and meltwater runoff and other outfall shall be designed and constructed to avoid causing erosion through the use of native riparian vegetation where possible or by reducing velocity, use of rock spillways, riprap, splash plates, or other demonstrably effective means.

(f) Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established.

(6) Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances.

(7) Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property or on contiguous properties of the same ownership shall be corrected.

(8) Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor.

(9) Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters.

(10) Development, construction, or uses within the stream corridor shall not alter or divert flood flows causing channel shift or erosion, increase or accelerate the flooding of upstream or downstream flood hazard areas, or otherwise threaten public or private properties.

(11) Wells located within a stream corridor shall be protectively lined and installed in a deep aquifer with an acceptable minimum hydraulic continuity with either surface waters or a shallow aquifer.

(12) Structures placed in close proximity to the outer edge of bends in stream channels identified as having a high potential to meander shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration.

(13) Adjacent communities and the Department of Ecology shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency.

(14) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(15) Development, construction, or uses within the hydrologically related critical area that would contribute to the degradation of the functions and values shall be avoided or mitigated using mitigation sequencing as outlined in Section 16C.03.10 (Mitigation Requirements).

(16) Development shall not obstruct, cut off, or isolate stream corridor features.

(17) Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership.

(18) If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify Yakima County, the Washington State Office of Archaeology and Historic Preservation and any affected Indian tribes. Archaeological sites are subject to RCW 27.44 (Indian graves and records) and RCW 27.53 (Archaeological sites and records), and development or uses that may impact such sites shall comply with WAC 25-48 (Archaeological Excavation and Removal Permit).

(19) The provisions of Chapters 16C.05.20 through 16C.05.72 of this title shall also apply to the development of lots and the placement, construction, or installation of structures in floodways and floodplains.

(20) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using reclamation standards in Section 16C.06.23 (Reclamation).

(21) Projects located within the floodway must meet the requirements of 16C.05.36.010 (Floodway – Permitted Uses).

(22) Projects within a floodplain must meet the requirements of Section 16C.05.28. (Flood Hazard Protection Standards) and 16C.05.32 (Floodway Fringe Uses).

(23) Changing from an existing use or development which does not meet the provisions of this chapter to a new use shall be reviewed in light of the following:

(a) The conversion will demonstrably reduce impacts to stream corridor and other hydrologically related critical area features; and

(b) The conversion will restore and/or enhance the functional properties outlined in Section 16C.06.05 (Functional Properties).

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.11), 2007).

ARTICLE IV – WATER DEPENDENCY DEVELOPMENT STANDARDS
AND BUFFER REQUIREMENTS

16C.06.12 Use Classifications.

For purposes of this chapter, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform with the development standards applicable to the classification provided in Sections 16C.06.13 through 16C.06.15, except for those activities listed in Section 16C.03.05 (Minor Activities Allowed Without a Permit):

(1) Water oriented uses are one of the following two categories of uses:

(a) Water-dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in-water or on-land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore.

(b) A water-related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location either because it requires large quantities of water, or because it provides services for water dependant uses and the proximity to its customers makes such services less expensive and/or more convenient. Examples would include thermal power plants, wastewater treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops.

(2) Non-water-oriented uses include any use not qualifying as uses in subsection (1) above.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 6-2011 § 2 (Exh. A) (part), 2011; Ord. 13-2007 §1 (Exh. A)(16C.06.12), 2007).

16C.06.13 Water-dependent Uses.

The following provisions shall apply to water-dependent uses:

(1) Structures shall be clustered at locations on the water’s edge having the least impact to the surface water and shore;

(2) Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in Section 16C.06.16 (Vegetative Buffers);

(3) Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.13), 2007).

16C.06.14 Water-related Uses.

The following provisions shall apply to water-related uses:

(1) Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water;

(2) Structures and use areas shall not be located within the vegetative buffer specified in Section 16C.06.16 (Vegetative Buffers) except where existing development or the requirements associated with the use make such a location unavoidable.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.14), 2007).

16C.06.15 Nonwater Oriented Uses.

The following provisions shall apply to non-water-oriented uses:

(1) Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in Section 16C.06.16 (Vegetative Buffers);

(2) Construction abutting the vegetative buffer specified in Section 16C.06.16 (Vegetative Buffers) shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.15), 2007).

16C.06.16 Vegetative Buffers.

(1) Establishment. There is hereby established a system of vegetative buffers that are necessary to protect and maintain the functions and values of certain hydrologically related critical areas. Standard buffers for streams, lakes, ponds and wetlands, based on a review of the best available science, are listed in table 6-1 and 6-2.

(a) Vegetative buffers shall be measured horizontally from the Ordinary High Water Mark (OHWM) for streams, lakes and ponds, and from the wetland edge for wetlands, as identified in the field. The width of the buffer shall be determined according to the stream or wetland type.

(b) Buffer width may be reduced through an Adjustment (16C.03.23) permit process. Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program (YCC Title 16D) rather than the Critical Areas Ordinance (YCC Title 16C).

(c) The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. If the vegetation is degraded, then no adjustment to the buffer width should be granted and re-vegetation should be considered. Where the use is being intensified, a degraded buffer should be re-vegetated to maintain the standard width.

Table 6-1
Stream Type	Buffer Width See 16C.06.16, subsections (1)(a)-(c).
Type 1 Shoreline streams, lakes and ponds	100' (Type 1 streams, lakes, and ponds are protected by the Shoreline Master Program (YCC Title 16D) rather than the Critical Areas Ordinance (YCC Title 16C))
Type 2 streams, lakes and ponds	100'
Type 3 streams (Perennial), lakes and ponds	50'
Type 4 streams (Intermittent), lakes and ponds	25'
Type 5 streams (Ephemeral)	No buffer standards Type 5 streams are not regulated through buffer requirements. However, activities such as clearing, grading, dumping, filling, or activities that restrict or block flow, redirect flow to a point other than the original exit point from the property or result in the potential to deliver sediment to a drainage way/channel, are regulated under clearing and grading regulations. These drainages may also be protected under geologically hazardous area, floodplain, stormwater, building and construction, or other development regulations.

Table 6-2
Type 1 Wetlands	Type 2 Wetlands	Type 3 Wetlands	Type 4 Wetlands
200'	100'	75'	50'

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 4-2013 §2 (Exh. 2) (part), 2013: Ord. 2-2009 §2 (Exh. A (16)), 2009; Ord. 13-2007 §1 (Exh. A)(16C.06.16), 2007).

ARTICLE V – LAND MODIFICATION DEVELOPMENT STANDARDS

16C.06.17 Roads, Railroads and Parking.

The following provisions shall apply to the location and construction of roads, railroads and parking within a designated hydrologically related critical area; except that logging roads, being a special category of roads, may be regulated as Forest Practices under this title (refer to those relevant sections):

(1) Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography, and other conditions preclude locations outside the stream corridor;

(a) Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor;

(b) Roadways that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor;

(2) Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the corridor;

(3) Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood-prone;

(4) Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor;

(5) Bridges and water-crossing structures shall not constrict the stream channel or impede the flow of the ordinary high water, sediment and woody debris;

(6) The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts; where culverts are the preferred method, large, natural bottom culverts, multi-plate pipes and bottomless arches are preferred;

(7) The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways, unless doing so conflicts with subsections (1) and (2), and shall be sized to accommodate ordinary high water, and shall terminate on stable, erosion-resistant materials;

(8) Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife;

(9) At least one end of a wood stringer bridge shall be anchored to prevent it from being washed away during high water;

(10) Roads must be designed and constructed using established flood resistant and design and construction methods when they may be subject to damage by flood waters;

(11) Roads and bridges within floodways must meet the requirements of Section 16C.05.36.010(2) and (7).

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.17), 2007).

16C.06.18 Utility Transmission Lines and Facilities.

The following provisions shall apply to the location, construction, or installation of utility transmission lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within a designated hydrologically related critical area:

(1) Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor;

(a) Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor;

(b) The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under Section 16C.06.05 (Functional Properties) of this title;

(2) Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor;

(3) Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis;

(4) Wherever possible, new aboveground installations shall use available, existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings;

(5) Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical;

(6) Transmission support structures shall be located clear of high flood velocities, located in areas of minimum flood depth which require the least floodproofing, and shall be adequately floodproofed;

(7) Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow;

(8) All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of Section 16C.05.28.010(2) (re: infiltration or discharge into or out of the system);

(9) Utility transmission lines within the floodway fringe shall meet the standards of Section 16C.05.32.010(2);

(10) Utility transmission lines within the floodway shall meet the standards of Section 16C.05.36.010(2).

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.18), 2007).

16C.06.19 Shore Stabilization.

The following provisions shall apply to shore stabilization projects:

(1) Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties;

(2) Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise using the Washington State Aquatic Habitat Guidelines Program Integrated Streambank Protection Guidelines (ISPG), or other accepted guidelines;

(3) Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property;

(4) The use of fill to restore lost land may accompany stabilization work, provided no fill is placed waterward of the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with Section 16C.06.21 (Filling);

(5) Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects;

(6) Alternative Preferences. Vegetation, berms, bioengineering techniques, and other nonstructural alternatives which preserve the natural character of the shore shall be preferred over riprap, concrete revetments, bulkheads, breakwaters, and other structural stabilization. Riprap using rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters, and other structural stabilization;

(7) Applications to construct or enlarge dikes or levees shall meet the requirements of Section 16C.05.36.010(6);

(8) Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore;

(9) Breakwaters shall be constructed of floating or open-pile designs rather than fill, riprap, or other solid construction methods;

(10) All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance, and repairs for the life of the project.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.19), 2007).

16C.06.20 Dredging and Excavation.

The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area:

(1) Dredging in surface waters shall be allowed only where necessary because of existing navigation needs, habitat restoration or improvement, maintenance or construction of water-dependent uses;

(2) Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use;

(3) Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging;

(4) Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials;

(5) Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage;

(6) Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes;

(7) Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.20), 2007).

16C.06.21 Filling.

The following provisions shall apply to filling activities within a designated hydrologically related critical area:

(1) Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water-dependent uses, or an approved reclamation plan under Section 16C.06.23 (Reclamation) or approved compensatory mitigation plan under Section 16C.03.17(13);

(2) Fill for the purpose of increasing elevation may be permitted if such can be accomplished in a manner consistent with the policies of this chapter;

(3) Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods;

(4) Fill in floodplains shall meet the requirements of Chapters 16C.05.20 through 16C.05.72 (Flood Hazard Areas);

(5) Pile or pier supports shall be preferred over fill for water-dependent uses and facilities;

(6) Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality;

(7) Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes;

(8) Fill and finished surface material shall require low maintenance, provide high resistance to erosion, and prevent or control the migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless the Washington Department of Fish and Wildlife indicates other options are preferred;

(9) Projects that propose fill must acquire the fill onsite (also known as compensatory storage), unless documentation is provided demonstrating that onsite fill is not available or substandard for the project;

(10) Fill should not obstruct, cut off, or isolate stream corridor features.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.21), 2007).

16C.06.22 Commercial Mining of Gravels.

The following provisions shall apply to the commercial mining of gravels within a designated hydrologically related critical area, except that mining may be regulated as Forest Practices under this title (refer to those relevant sections):

(1) Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following:

(a) The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation;

(b) The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation;

(2) Wherever feasible, the operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature’s replacement at equal value;

(3) Any surface mining allowed within the floodway shall meet the standards of Section 16C.05.36.010(1);

(4) Except where authorized by Yakima County in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply:

(a) The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel;

(b) Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM;

(c) Gravel washing, rock-crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM;

(5) Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation Standards (WAC 332-18, RCW 78.44).

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.22), 2007).

16C.06.23 Reclamation.

The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities within a designated hydrologically related critical area:

(1) Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation within the stream corridor;

(2) Large-scale projects or projects extending over several months shall be phased to allow reclamation of areas where work or operations have been completed;

(3) Reclamation shall be scheduled to address precipitation, meltwater runoff, growing season, and other seasonal variables that influence restoration and recovery;

(4) Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas;

(5) Where existing development and construction prevent the return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent stream corridor degradation;

(6) Cut-and-fill slopes shall be stabilized at or at less than the normal angle of repose for the materials involved;

(7) The replacement or enhancement of vegetation within critical areas or their vegetative buffers shall use naturally occurring, native plant species.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.06.23), 2007).