Chapter 16D.10
SHORELINES

Sections:

16D.10.01    Purpose and Intent.

16D.10.02    Restriction as Affecting Fair Market Value of Property.

16D.10.03    Shoreline Jurisdiction.

16D.10.04    Shoreline Environments.

16D.10.05    Shoreline Land Use Table.

16D.10.01 Purpose and Intent.

The SMP regulations are intended to carry out the responsibilities imposed on Yakima County by the Shoreline Management Act (RCW 90.58) and its administrative rules (WAC 173-18, WAC 173-20, WAC 173-22, WAC 173-26 and WAC 173-27) insofar as regulations can, and the adoption of these regulations does not remove other responsibilities imposed by the Act. The purposes of the Shoreline Master Program regulations are to:

(1)    Promote reasonable and appropriate use of the shorelines that will protect the public and private interest;

(2)    Protect against adverse effects to the public health, the land, its vegetation and wildlife and the waters and their aquatic life within Yakima County;

(3)    Protect public rights of navigation;

(4)    Recognize and protect private property rights consistent with public interest;

(5)    Maintain or re-create a high quality of environment along the shorelines;

(6)    Preserve and protect fragile natural resources and culturally significant features;

(7)    Increase public access to publicly owned areas of the shorelines where increased use levels are desirable;

(8)    Protect public and private properties from adverse effects of improper development in hazardous shorelines areas;

(9)    Recognize and protect statewide interest;

(10)    Give preference to uses that result in long-term over short-term benefits; and

(11)    Provide for no net loss of ecological functions from both individual permitted development and individual exempt development.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.10.02 Restriction as Affecting Fair Market Value of Property.

The restrictions imposed by these regulations shall be considered by the Yakima County Assessor in establishing the fair market value of the property pursuant to RCW 90.58.290.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.10.03 Shoreline Jurisdiction.1

Pursuant to the authority of RCW 90.58.030(2)(f) and WAC 173-22-040(2) and (3), the jurisdictional limits of the Shoreline Master Program within Yakima County for areas that are subject to these regulations, are listed below. Yakima County has developed maps to generally depict the extent of shoreline jurisdictional boundaries for all shorelines within the county. These maps are for informational and illustrative purposes only and are not regulatory in nature. Where such maps are not available or do not correspond with physical features on the ground, jurisdictional boundaries shall be controlled by the criteria listed below, WAC 173-22, and the Act itself. It is understood when the maps and the actual physical features do not correspond, the physical features will dictate the extent of the jurisdictional boundaries. It is understood that the actual physical features may change. The physical features will dictate the extent of the shoreline jurisdictional boundaries. Shoreline jurisdictional area shall include:

(1)    Those Shoreline lakes, ponds and stream lengths identified in Appendices B and C of this title.

(2)    Subject to Subsection 7 below, wherever the “floodway” has been established by a flood insurance study prepared by the Federal Emergency Management Agency (FEMA), shorelines jurisdiction shall be the floodway plus 200 feet, measured on a horizontal plane, or the 100-year floodplain, whichever is lesser.

(3)    Subject to Subsection 7 below, whenever the 100-year floodplain has been identified by a flood insurance study prepared by the Federal Emergency Management Agency but where no “floodway” has been identified, shorelines jurisdiction shall be the 100-year floodplain boundary or 200 feet, measured in a horizontal plane, from the ordinary high water mark, whichever is greater.

(4)    Whenever there are no detailed floodplain or floodway studies, shoreline jurisdiction shall be 200 feet, measured on a horizontal plane, from the ordinary high water mark.

(5)    Where a Channel Migration Zone (CMZ) has been identified, and extends beyond the jurisdiction established by subsection (2) above, jurisdiction shall extend to the extent of the CMZ, but not beyond the limits of subsection (3).

(6)    Those wetlands and river deltas which are in proximity to and either influence or are influenced by the shorelines. This influence includes, but is not limited to, one or more of the following: periodic inundation, location within a floodplain, or hydraulic continuity.

(7)    Under no circumstances shall shoreline jurisdiction be less than 200 feet, measured on a horizontal plane, from the ordinary high water mark of the shoreline water body.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.10.04 Shoreline Environments.

The following shoreline environments listed below are used as a system of categorizing shoreline areas according to management objectives and the character of the shoreline. The shoreline environments are based on the goals and policies found in the comprehensive plan (at the time of this update: Plan 2015 – Volume 1 – Natural Settings – NS 7 Shorelines, Goals NS 7.04 through 7.22). Six (6) environments are hereby established, as listed below. The location and boundaries of the shoreline environments are hereby established, as provided in Appendices B and C. It is understood that the actual physical features may change. The physical features shall dictate the extent of the environmental boundaries. These changes are hereby incorporated by reference into this document so that the environments described in Appendix C will shift with river changes. Shoreline environments are shown on the map entitled “Shoreline Environment Map of Yakima County.” This map is for informational and illustrative purposes only and is not regulatory in nature.

(1)    Urban Environment. This environment is characterized by high-intensity land uses, high land values, major public and private capital investments, and/or few biophysical development limitations where intensive development is desirable or tolerable. The management objective is one of optimum future utilization of land and public investment. In view of the intensity of present and future development and consequent population densities, there is a correspondingly high requirement for open space and access to the water in this environment. The basic principle in an urban environment is oriented toward quality of development in harmony with the shoreline. The urban environment should ensure optimum utilization of shorelines occurring within urbanized areas by providing for public access, and by managing development so that it enhances and maintains the shorelines for a multiplicity of uses.

(2)    Rural Environment. This environment is characterized by agricultural and recreational uses, moderate land values, moderate public and private capital investment (roads, utilities, etc.), and/or some biophysical development limitations. The management objectives are to protect agricultural land, maintain open space, and provide for recreational uses compatible with agricultural production.

(3)    Conservancy Environment. This environment is characterized by very low intensity land uses primarily related to natural resources use and diffuse recreational development, relatively low land values, relatively minor public and private capital investment, and/or relatively major biophysical development limitations. Management objectives are oriented toward establishing a balance between sustained-yield natural resource utilization and low density recreational uses in this environment, with restriction of development in hazardous areas.

(4)    Natural Environment. This environment is characterized by severe biophysical limitations, presence of some unique natural, historic or archeological features intolerant of intensive human use, and/or its value is retained only in its natural condition. Management objectives are oriented toward preserving unique features, restricting activities that may degrade the actual or potential value of this environment, and severely restricting development in hazardous areas.

(5)    Urban Conservancy Environment. This environment is characterized by low intensity land uses primarily related to public access, diffuse recreational development, and relatively major biophysical development limitations. This environment should 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. The urban conservancy environment designation should be assigned to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring the ecological functions of the area and that lie in incorporated municipalities, urban growth areas, or commercial or industrial rural areas of more intense development.

(6)    Floodway/Channel Migration Zone Environment. This environment is characterized by deep/fast floodwaters and a shifting channel, and is the most hazardous shoreline area. The floodway/channel migration zone environment should protect the water areas, islands and associated overflow channels found within designated floodways, and mapped channel migration areas. This environment acknowledges the river’s need to move within parts of its floodplain, and emphasizes the preservation of the natural hydraulic, geologic and biological functions of the county’s shorelines that are constrained by severe biophysical limitations.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.10.05 Shoreline Land Use Table.

Table 16D.10.05 lists the uses and activities for each shoreline environmental 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 16D.03 (Permit and Review Procedures). This table does not change those situations of when this title does not apply to a development (16D.01.05, Applicability), or when a use or activity listed as needing a substantial development permit may qualify for an exemption instead (16D.03.07, Exemptions).

Definitions for some uses are provided in chapter 16D.02. The provisions in Table 16D.10.05 apply to specific common uses and types of development only to the extent they occur within shoreline jurisdiction. Symbols in the table have the following meanings:

•

(S) means a substantial development permit is required;

•

(C) means a conditional use permit is required;

•

(X) means the use is prohibited;

•

(N/A) means the entry is not applicable and the entry in the activity column provides information to redirect the reader to another activity.

Table 16D.10.05 

Activity

Environments

S = Substantial development

C = Conditional use

X = Prohibited

N/A = Not applicable

Review section 16D.01.05, Applicability, to see if this Title applies to the project.

Review section 16D.03.07, Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines, to see if the project qualifies for an exemption from a substantial development permit.

For existing uses that are prohibited see section 16D.03.26, Nonconforming uses and facilities.

Urban

Rural

Conservancy

Natural

Floodway/CMZ

Urban Conserv.

GENERAL

Activities listed in 16D.06.10, Prohibited uses

X

X

X

X

X

X

AGRICULTURE Also see section 16D.03.07 for common exemptions.

Agriculture, including accessory agricultural structures, but excluding grazing

S

S

C

X

C

S

Grazing, also see special grazing provisions in 16D.01.05(e), Applicability, and 16D.03.13(2)(b), Development Authorization, for development standards

S

S

S

S

S

S

Confinement feeding options (CFO)

X

C

X

X

X

X

Ag.-related industry (feed mills, processing/packing plants, storage facilities, etc.)

C

C

X

X

X

C

AQUACULTURE

Rearing

C

S

C

X

C

C

Processing

C

S

X

X

X

C

Packing and storage

C

S

X

X

X

C

FOREST PRACTICES UNDER STATE PERMIT Also see special forest practices provisions in section 16D.01.05 for applicability, chapter 16D.02 for definitions, 16D.03.07 for exemptions, and section 16D.03.13(2)(a) for development standards.

All federal forest practices or nonfederal forest practices meeting the criteria below:

1. Harvest/treat at least 5 acres of forestland, or supporting such an operation

2. All harvesting w/in 200' of OHWM of shoreline of statewide significance uses methods meeting RCW 90.58.150 (selective harvest)

3. Activities are not associated with a conversion option harvest

4. Approved under a WDNR Forest Practices Permit

5. Not associated with a harvest under a Class IV – General application to convert forest land to nonforestry use

S

S

S

C

S

S

Nonfederal forest practices not meeting criteria (1), (2), or (3) above

C

C

C

C

C

C

Nonfederal forest practices not meeting criteria (4) above (Class 1 forest practices, activities not requiring WDNR review, etc.) shall be reviewed as separate uses or activities

N/A

N/A

N/A

N/A

N/A

N/A

Nonfederal forest practices not meeting criteria (5) above shall be reviewed as the new proposed use

N/A

N/A

N/A

N/A

N/A

N/A

MINING

Surface mining

C

C

C

X

X

C

Underground mining

X

X

X

X

X

X

Mining for habitat restoration

S

S

S

S

S

S

ARCHEOLOGICAL

Interpretive center

S

C

C

X

X

S

Restoration of historic structures

S

S

C

C

C

S

Archeological excavation

C

C

C

C

C

C

RESIDENTIAL USE Also see section 16D.03.07 for common exemptions

Cabin (see definition; 800 sq. ft.) or single improved RV site where other single-family residences are not permitted

X

X

X

X

X

S

Single-family residence, including:

– family home services

– accessory apartment

– mobile home for aged/infirm relative (or equivalent uses listed in the zoning ordinance)

S

S

S

X

X

X

Duplex

S

S

X

X

X

X

Multifamily

C

X

X

X

X

X

Rooming and boarding houses

C

X

X

X

X

X

Fraternity or sorority houses

C

X

X

X

X

X

Manufactured home park or subdivision outside floodplain

C

X

X

X

X

X

Manufactured home park or subdivision w/in floodplain

X

X

X

X

X

X

RV park with units remaining year-round – Review as mobile home park

N/A

N/A

N/A

N/A

N/A

N/A

RV park with units not remaining year-round – See recreational use section, moderate intensity

N/A

N/A

N/A

N/A

N/A

N/A

Houseboats and over-water residential uses

X

X

X

X

X

X

COMMERCIAL AND COMMUNITY SERVICE USES

Large commercial uses (more than 1/2 acre of use area) of a water-oriented nature, including commercial boating facilities, marinas, and extended moorings. Boat launches shall be treated as a recreational use

C

C

C

X

X

C

Small commercial uses (1/2 acre or less of use area) of a water-oriented nature

S

S

C

X

X

S

Nonwater-oriented commercial uses, except for instances below

X

X

X

X

X

X

Nonwater-oriented uses, when set back from OHWM or wetland edge by either a public right of way or 100'+ of a separate parcel

C

C

C

X

X

C

Nonwater-oriented uses in a mixed use project that includes a water dependent commercial, industrial, aquaculture, or recreational use

C

C

C

X

X

C

Events and temporary uses involving public interest (see definition) that do not impair the shoreline environment.

Note: Definition to be added to administrative sections

C

C

C

C

C

C

INDUSTRIAL

Water-oriented uses

C

C

X

X

X

X

Nonwater-oriented uses, except for instances below

X

X

X

X

X

X

Nonwater-oriented uses, when set back from the OHWM or wetland edge by either a public right of way or 100'+ of a separate parcel

C

C

X

X

X

X

Nonwater-oriented uses in a mixed use project that includes a water dependent commercial, industrial, aquaculture, or recreational use

C

C

X

X

X

X

RECREATION Also see sections 16D.01.05, Applicability, and 16D.03.07, Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines, for uses that may not require permits or review.

Commercial components of the use that are not explicitly related to the recreation operation must also conform to the commercial section of this table

N/A

N/A

N/A

N/A

N/A

N/A

Indoor recreation – Reviewed as commercial use; see that section of table

N/A

N/A

N/A

N/A

N/A

N/A

Boat launches. Other boating facilities and marinas are reviewed as commercial uses

C

C

C

C

C

C

Commercial motorized boat recreation tour routes (related facilities are reviewed as commercial uses and boating facilities)

C

C

C

C

C

C

State owned recreation facilities and ecological study areas

S

S

C

C

C

S

Outdoor recreation of a nonwater-oriented nature (sports complex, organized sport fields, golf course)

C

C

C

X

X

C

Hi-intensity outdoor recreation of a water-oriented nature (urban area parks, white water parks, etc.)

S

C

C

X

C

S

Moderate-intensity outdoor recreation of a water-oriented nature (use areas with minor structures and improvements, such as campgrounds, picnic facilities, hiking trails, swimming beaches, fishing sites, nature/history interpretive centers); RV park/camping with units not remaining year-round is included in this category (also see residential RV uses)

S

S

S

X

C

S

Low-intensity outdoor recreation of a water-oriented nature (unimproved use areas, such as hiking or nature trails, primitive camping areas); an unimproved personal camping and recreation site is included in this category

S

S

S

C

S

S

Very-low-intensity recreation (wildlife viewing, scenic vistas, fishing, hunting, rafting, walking, etc.). See section 16D.01.05, Applicability, for activities not subject to this title

N/A

N/A

N/A

N/A

N/A

N/A

Events and temporary uses involving public interest (see definition) which may interfere with normal public use, that do not impair the shoreline environment

C

C

C

C

C

C

TRANSPORTATION & PARKING

Access roads serving permitted uses

S

S

S

C

C

S

Highways and freeways

C

C

C

X

C

C

Railways

C

C

C

X

C

C

Transportation maintenance facilities

C

C

C

X

X

C

Parking for authorized use – Reviewed with authorized use

N/A

N/A

N/A

N/A

N/A

N/A

Park and ride lots and similar stand alone parking facilities

X

X

X

X

X

X

UTILITIES

Utility services accessory to individual projects undergoing shoreline review – review w/ project

N/A

N/A

N/A

N/A

N/A

N/A

Utility services to projects outside shoreline jurisdiction

S

S

S

C

C

S

Land/air/water monitoring station

S

S

S

S

S

S

Utility transmission lines, except as noted below

X

X

X

X

X

X

Utility transmission lines on shorelands, where no other feasible option is available

C

C

C

C

C

C

Production and processing facilities of a water-oriented nature, including power generation, water and wastewater treatment facilities

C

C

C

C

C

C

Production and processing facilities of a nonwater-oriented nature, except as noted below

X

X

X

X

X

X

Production and processing facilities of a nonwater-oriented nature, where no other feasible option is available

C

C

C

C

C

C

Storage/collection of garbage cans/dumpsters for individual use

S

S

S

S

S

S

Solid waste transfer station/drop box

C

C

C

X

X

X

Storage/disposal of solid waste, including landfills, sewage sludge, and agricultural waste. For existing uses, see section 16D.03.26, Nonconforming Uses and Facilities

X

X

X

X

X

X

SIGNS Note: signs must also conform to the local sign ordinance

Blinking or revolving signs

X

X

X

X

X

X

Signs obstructing views of shorelines and scenic vistas from public rights-of-way

X

X

X

X

X

X

On-premises for authorized use

S

S

S

S

S

S

Off-premises (except temporary and information signs)

S

X

X

X

X

X

Temporary signs (election signs; sale, rental, or lease signs on real estate; etc.) are not considered development

N/A

N/A

N/A

N/A

N/A

N/A

Information signs (directional, landmark, trail marker, etc.)

S

S

S

S

S

S

INSTREAM STRUCTURES Also see 16D.03.07, Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines, for uses that may not require permits

In-stream elements for shore stabilization, roads/bridges, habitat restoration, piers/docks/marinas, and fill are reviewed as those activities

N/A

N/A

N/A

N/A

N/A

N/A

Construction that does not impound water (but may include stream bed manipulation); including whitewater recreation structures and flow gauging stations

C

C

X

X

X

X

Construction that impounds water or increases the height of impounded water

C

C

C

C

X

C

PIERS AND DOCKS Also see section 16D.03.07, Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines, for uses that may not require a permit

Pier/dock (including for over-water structures), except for instances below

X

X

X

X

X

X

Pier/dock for water dependent commercial, industrial, aquaculture, or recreational use; or public access; or a single-family residence facility to access watercraft

S

S

C

X

X

S

DREDGING

Dredging (including obtaining minerals, aggregate, or landfill material), except for instances below

X

X

X

X

X

X

Dredging for

– water dependent use

– public access

C

C

C

C

C

C

Dredging to modify channels or basins (excluding maintenance) for existing navigation uses

S

S

S

X

X

S

Dredging for habitat restoration

S

S

S

S

S

S

FILLING & DREDGE MATERIAL DISPOSAL

Fill within the OHWM, except for instances below

X

X

X

X

X

X

Fill within the OHWM for

– water dependent use

– public access

– expansion of existing transportation system of state-wide significance

– dredge material placement for habitat restoration project

C

C

C

C

C

C

– beaches

C

C

C

X

X

C

Fill (nondredged) within the OHWM for habitat restoration

S

S

S

S

S

S

Fill outside the OHWM, except for instances below

X

X

X

X

X

X

Fill outside the OHWM for site development of an approved use

S

S

S

C

C

S

SHORE STABILIZATION Also see section 16D.03.07, Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines, for activities that may not require permits

Nonstructural stabilization measures (revegetation, wood debris placement, sediment supplementation, bio-engineering, etc.). Also see section 16D.03.07(15) for the restoration exemption

S

S

S

S

S

S

On-land stabilization structures, except for instances below

X

X

X

X

X

X

On-land stabilization structures (bulkheads, retaining walls, dikes, levees, rip-rap, etc.) demonstrating necessity per 16D.06.19(11)(e). Also see section 16D.03.07 for residential and bulkhead exemptions

C

C

C

C

C

C

In-water stabilization structures, except for instances below

X

X

X

X

X

X

In-water stabilization structures (breakwaters, jetties, groins, weirs, bank barbs, etc.) demonstrating necessity per 16D.06.19(11)(e) for

– water dependent use

– public access

– specific public purposes

– in support of bank stabilization

C

C

C

C

C

C

In-water stabilization structures for habitat restoration demonstrating necessity per 16D.06.19(11)(e). Also see section 16D.03.07(15) for the restoration exemption

S

S

S

S

S

S

(Res. 54-2010 § 2 (Att. B § 35), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

1

Code reviser’s note: Section 3 of Res. 54-2010 provides: “The Federal Emergency Management Agency has and will continue to refine and update its Floodplain and Floodway maps using best available data and special studies. Section 16D.10.03 is interpreted to mean that where a Shoreline stream floodplain and floodway location is updated by FEMA, or by a geomorphic study approved by Yakima County, the Shoreline Environment of Floodway/CMZ as provided in 16D.10.04 will be applied to the map at its revised location. Land within Shoreline jurisdiction, but outside the Floodway/CMZ will carry the Shoreline Environment designation prior to the map change.”