Lacey City Zoning Code
16.54 Environmentally
Sensitive Areas
16.54.010 Intent.
It is the intent of this chapter to:
A. Regulate the use of designated environmentally critical areas consistent with the intent of the Growth Management Act and the Comprehensive Plan.
B. Recognize there are qualitative differences between and among specific types of critical areas. Not all areas and ecosystems are critical for the same reasons. Some areas are critical because of the hazard they present to public health and safety, some because of the values they represent to the public welfare. In some cases, the risk posed to the public by use or development of a critical area can be mitigated or reduced by engineering or design; in other cases that risk cannot be effectively reduced except by avoidance of the critical area. The classification, designation and protection of critical areas is intended to recognize the differences among these areas, and to develop appropriate regulatory actions in response.
C. Identify special review procedures, standards and mitigating conditions when construction or other human activity is proposed for any parcel of land within or reasonably close to the boundaries of environmentally sensitive/critical areas as designated on the official zoning map of the city of Lacey or other environmental maps referenced in Chapter 14.28, 14.33, 14.34, 14.36, or 14.37 LMC or on lands meeting the requirements as an environmentally sensitive area as defined in said code sections.
D. Provide environmentally sensitive area designations for exemption policy under WAC 197-11-908. (Ord. 1678 §26, 2025; Ord. 935 §3 (part), 1992).
16.54.020 Environmentally sensitive/critical areas defined.
Environmentally sensitive/critical areas are those areas described or referenced in this chapter as wetlands, flood hazard areas, aquifer recharge areas, geologically sensitive areas, or habitat conservation areas. The approximate locations and type of most environmentally sensitive/critical areas are designated on the official zoning map of the city of Lacey. However, environmentally sensitive/critical areas not shown on maps are presumed to exist in the city of Lacey and the Lacey urban growth area and are protected under all the provisions of this chapter. In the event of a conflict between designation shown on the zoning map, referenced environmental maps or specific criteria defining an environmentally sensitive area set forth in this chapter or Chapter 14.28, 14.33, 14.34, 14.36 or 14.37 LMC, the criteria shall control. (Ord. 1678 §27, 2025; Ord. 935 §3 (part), 1992).
16.54.030 General standards.
Allowed uses and development standards shall be those of the underlying district except that more restrictive requirements shall be imposed by the city consistent with the intent and according to the processes and procedures described or referenced in this chapter and Chapter 14.28, 14.33, 14.34, 14.36 or 14.37 LMC. (Ord. 935 §3 (part), 1992).
16.54.040 Review of uses.
All uses shall be subject to the review process specified or referenced herein dependent upon the type of environmentally sensitive area concerned and the type of proposed action. (Ord. 935 §3 (part), 1992).
16.54.050 Environmental review.
Chapter 36.70A RCW requires cities to adopt development regulations to classify, designate, and protect critical areas and to assure the conservation of designated agricultural, forest, and mineral lands of long-term commercial significance. RCW 36.70A.172(1) requires “best available science” be included in policies and regulations to protect the functions and values of critical areas and give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
Pursuant to WAC 365-196-830(4), development regulations may not allow a net loss of the function and values of the ecosystem that includes the impacted or lost critical areas. If development regulations allow harm to critical areas, they must require compensatory mitigation of that harm.
Pursuant to WAC 197-11-908, environmental review shall be required within designated environmentally sensitive/critical areas for uses which may normally be exempt. All categorical exemptions which may be removed from exempt status because of environmentally sensitive area designations pursuant to WAC 197-11-908(2) are hereby removed. (Ord. 1678 §28, 2025; Ord. 935 §3 (part), 1992).