17.50.209 - Base flood.

"Base flood" for purposes of administering Article 4 means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). (See, IBC 1612.2)

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.210 - Base flood elevation.

"Base flood elevation" for purposes of administering Article 4 means the elevation to which floodwater is anticipated to rise during the base flood, (See, IBC 1612.2)

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

The overflow of inland or tidal waters.

The unusual and rapid accumulation of runoff of surface waters from any source.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph 1.b of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1.a of this definition.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.240-1 - Flood elevation study.

"Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).

(Ord. No. 771, § 2, 10-12-21)

17.50.241 - Flood hazard permit.

"Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter.

(Ord. No. 620, § 1, 9-21-09)

17.50.242 - Flood insurance rate map.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.243 - Flood insurance study.

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

(Ord. No. 620, § 1, 9-21-09)

17.50.244 - Floodplain or flood-prone area.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flood" or "flooding."

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.245 - Floodplain administrator.

"Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

"Historic structure" means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Designed to be self-propelled or permanently towable by a light-duty truck; and

"Scour" means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure.

"Start of construction" for purposes of administering Article 4, includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.292 - Stream.

"Stream" means water contained within a channel, perennial, intermittent, or ephemeral. Streams include both natural watercourses and those modified by man. (Example: Stream flow manipulation, channelization, and relocation of the channel.)

"Should" is always advisory;

"Include(s)" means the containment within as a subordinate part of a larger whole.

When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural; and the plural, the singular.

(Ord. No. 620, § 1, 9-21-09)

17.50.120 - Purpose of chapter.

The purpose of Chapter 17.50 is to establish a single, uniform system of procedures and standards for development within designated critical areas within the incorporated city of Tieton and its urban growth area.

(Ord. No. 620, § 1, 9-21-09)

17.50.130 - Intent of chapter.

This chapter establishes policies, standards, and other provisions pertaining to development within designated critical areas regulated under the provisions of the Growth Management Act (RCW 36.70A) and development regulated under the National Flood Insurance Program. Wetlands, streams, stream corridors and rivers, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas; frequently flooded areas; and geologically hazardous areas constitute the city of Tieton's critical areas pursuant to WAC 365-190-030. These areas are of special concern to the people of the city of Tieton and the state of Washington because they are environmentally sensitive lands, or hazardous areas, which comprise an important part of the state's natural resource base. The policies, standards, and procedures of this chapter are intended to:

Preserve development options within designated critical areas where such development will result in the level of "no net loss" of the functions and values of the critical areas;

Where appropriate, avoid uses and development, which are incompatible with critical areas;

Prevent further degradation of critical areas unless the degradation has occurred beyond feasible protection;

Conserve and protect essential or important natural resources;

Protect the public health, safety, and general welfare;

Further the goals and policies of the Tieton comprehensive plan;

Implement the goals and requirements of the Washington Growth Management Act (RCW Chapter 36.70A), and the National Flood Insurance Program (CFR Title 42);

Recognize and protect private property rights;

Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of adjustment, reasonable use, and non-conforming use and facility provisions;

The policies, standards, and procedures of this chapter are not intended to:

Regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective date of this chapter;

Result in an unconstitutional regulatory taking of private property;

Require the restoration of degraded critical areas for properties in a degraded condition prior to the effective date of this chapter unless improvement of the buffer is needed for new development proposed on the property;

Presume that regulatory tools are the only mechanism for protection; and

Prohibit the use of valid water rights.

(Ord. No. 620, § 1, 9-21-09)

17.50.140 - Applicability.

The provisions of this chapter shall apply to any new development, construction, or use within the incorporated portion of the city of Tieton and its urban growth area designated as a critical area and upon any land mapped and designated as a special flood hazard area under the National Flood Insurance Program. However, this chapter does not apply to the situations below, except that the Flood Hazard protection provisions of Article 4 of this chapter will continue to apply as determined by Sections 17.50.400—17.50.406:

Within designated critical areas, there may exist lots, structures, and/or uses which were lawfully established prior to the adoption of this chapter, as provided below, but which would be subsequently prohibited, regulated, or restricted under this chapter. Such existing lots, structures, and/or uses shall be classified as legally non-conforming uses.

It is the intent of this chapter to permit these pre-existing legally non-conforming uses and structures to continue until conformity is possible:

Critical areas on federally owned lands are not subject to the provision of this chapter;

ii.

Minor, temporary, or transient activities (including those of a recreational nature) that do not alter the environment or require a dedicated staging area, use area, or route (including temporary signs) are not subject to this chapter;

iii.

Mining, as defined in Section 17.50.265, which is carried out under a Washington Department of Natural Resources reclamation permit is not subject to the geologically hazardous areas provisions of this chapter for erosion hazard areas, over steepened slope hazard areas, landslide hazard areas and suspected geologic hazard areas. Other critical areas provisions continue to apply.

The adoption and amendment dates of the relevant regulations are provided below:

Flood damage prevention ordinance adopted 1987.

Other rules and regulations, including the city of Tieton subdivision ordinance (TMC Title 16), the city of Tieton zoning ordinance (TMC Title 17), and the buildings and construction ordinance (TMC Title 15), shall remain in full force and effect as they apply to designated critical areas. In the event that the requirements of this chapter conflict with the requirements of the Tieton zoning ordinance, the subdivision ordinance or any other lawfully adopted municipal rules or regulations, the most restrictive standards shall apply.

(Ord. No. 620, § 1, 9-21-09)

17.50.150 - Science and protection of anadromous fish.

This chapter has been updated consistent with the requirements for using the best available science and protection of anadromous fish as required by:

RCW 36.70A.172 Critical Areas — Designation and Protection — Best Available Science to be Used; and

WAC 365-195-900 through 365-195-925 Growth Management Act — Procedural Criteria for Adopting Comprehensive Plans and Development Regulations — Part 9 — Best Available Science.

(Ord. No. 620, § 1, 9-21-09)

17.50.160 - Administrative authority.

The city of Tieton Clerk or his/her duly authorized agent shall be responsible for the general administration of this chapter. The city clerk or the clerk's designee shall serve as the administrative official of this chapter, except as noted in Article 4, Sections 17.50.400—17.50.436. The administrative official shall establish procedures for implementation of this chapter.

A written request for an interpretation of any provision of this chapter may be submitted to the administrative official. Each request shall set forth the specific provision(s) to be interpreted and the facts of the specific situation-giving rise to the request for an interpretation.

(Ord. No. 620, § 1, 9-21-09)

17.50.170 - Severability.

If any provision of this chapter or its application to any person or legal entity or circumstances is held to be invalid, the remainder of said chapter or the application of the provision to other persons or legal entities or circumstances shall not be affected.

(Ord. No. 620, § 1, 9-21-09)

17.50.300 - Critical area development authorization required.

No new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in Section 17.50.303 activities allowed.

Exemptions, as provided for in Sections 17.50.304 through 17.50.306, shall be considered as development authorization.

With respect to application and review procedures, it is the intent of this chapter to streamline and coordinate development authorization within a critical area and recognize other requirements by local, state, and/or federal permits or authorizations. Development, construction, or use occurring within a designated critical area shall be processed according to the provisions of this chapter, unless determined to be exempt.

Approval of a development authorization under this chapter shall be in addition to, and not a substitute for, any other development permit or authorization required by the city of Tieton.

Approval of a development authorization under this chapter shall not be interpreted as an approval of any other permit or authorization required of a development, construction, or use.

Development authorizations issued in accordance with this chapter shall continue with the land and have no "sunset clause" unless otherwise stated in the development authorization.

Coordination with Other Jurisdictions.

Where all or a portion of a standard development project site is within a designated critical area and the project is subject to another local, state or federal development permit or authorization, the administrative official shall determine whether the provisions of this chapter can be processed in conjunction with a local, state or federal development permit or authorization, or whether a separate critical area development authorization application and review process is necessary.

The decision of the administrative official shall be based upon the following criteria:

The nature and scope of the project and the critical area features involved or potentially impacted;

The purpose or objective of the permit or authorization and its relationship to protection of the critical area;

The feasibility of coordinating the critical area development authorization with other permitting agency;

The timing of the permit or authorization.

When a determination has been made that provisions of this chapter can be handled through another applicable development permit or authorization process, project proponents may be required to provide additional site plans, data, and other information necessary as part of that process to ensure compliance with this chapter. The administrative official's decision on the critical area development authorization shall be coordinated to coincide with other permits and authorizations. The administrative official may determine to accept the development authorization and/or permits from the other reviewing agencies as complete compliance with the city's critical area ordinance.

17.50.301 - Critical area identification form and critical area report requirements.

Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present.

Upon receipt of a critical area identification form and site plan, the administrative official or designee may conduct a site examination to review critical area conditions. The administrative official or designee shall notify the property owner of the site examination prior to the site visit and the property owner shall provide reasonable access to the site.

The administrative official or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with Section 17.50.314 critical areas report requirements and Section 17.50.315 supplemental report requirements for specific critical areas, except as provided below:

No Critical Areas Present. If the administrative official or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required.

Critical Areas Present, But No Impact. If the administrative official or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and or the project will not have an indirect impact on the function of an adjacent wetland.

Critical Areas May be Affected by a Proposal. The administrative official or designee may waive the requirement for a critical areas report utilizing the technical expertise of other reviewing agencies if:

The administrative official is sufficiently able to determine the existence, location and type of the critical area;

The project scale or nature is such that a specialist is not necessary to identify impacts and mitigation;

The applicant agrees to provide mitigation the administrative official deems adequate to mitigate for anticipated impacts;

Reports will generally fall into the following groups:

Determining the absence of a critical area;

Determining the existence, location and type of a critical area;

Determining impacts of an encroachment on a critical area and general mitigation measures; and

Developing a compensatory mitigation plan.

The administrative official or designee shall base wetland boundary determinations on those criteria specified in the Washington State Wetlands Identification and Delineation Manual (1997). Wetland mitigation adequacy determination by the Administrative Official shall be consistent with the Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).

(Ord. No. 620, § 1, 9-21-09)

17.50.302 Pre-application - conference.

Any new development or use falling under the provisions of this chapter may be subject to a pre-application conference. Prior to the pre-application conference, the project proponent must submit a critical area identification form and preliminary site plan.

A project review for flood hazards shall follow the pre-application requirements established to administer Article 4, flood hazard areas.

The pre-application conference is intended to allow the administrative official or designee to:

Establish the scope of the project and identify potential concerns that may arise;

Identify permits, exemptions, and authorizations, which the project proponent may need to obtain;

Determine whether the project will be processed through the development procedures of this chapter or coordinated with the review procedures of another development permit or authorization;

Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.); and

Determine whether there is a need for a preliminary site assessment.

(Ord. No. 620, § 1, 9-21-09)

17.50.303 - Minor activities allowed without a permit or exemption.

This chapter shall be inapplicable to the following actions (Section 17.50.140(B)):

Maintenance of existing, lawfully established areas of crop vegetation, landscaping, paths, and trails or gardens within a regulated critical area or its buffer. Examples include: mowing lawns, weeding, garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas;

Minor maintenance and/or repair of structures that do not involve additional construction, earthwork, or clearing. Examples include painting, trim or facing replacement, re-roofing, etc. Cleaning, operation and maintenance of canals, ditches, drains, waste ways, etc. are not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers;

Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research;

Creation of private trails that do not cross streams or wetlands that are less than two feet wide and do not involve placement of fill or grubbing of vegetation;

Maintenance and normal work of the greenway pathway and grounds;

Planting of native vegetation;

Noxious weed control outside vegetative buffers identified in Section 17.50.514;

Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:

Hand removal/spraying of individual plants or other acceptable method approved by the administrative official;

No area wide vegetation removal/grubbing.

(Ord. No. 620, § 1, 9-21-09)

17.50.304 - Documented exemption—Procedural requirements.

The following development activities are exempt from standard development permits, except that flood hazard exemptions shall follow the exemption procedures found in Section 17.50.403. Exemption from this chapter shall follow procedures of subsection (F)(1) of this section, and does not under any circumstances give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense, according to Section 17.50.521 reclamation.

Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this chapter.

If any part of a proposed development is not eligible for an exemption, then a development permit is required for the entire proposed project.

The burden of proof that a development or use is exempt is on the applicant.

When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development must also obtain an adjustment.

All exempted activities shall use reasonable methods to avoid potential impacts to critical areas.

The proponent of an exempt activity shall submit a written request for a documented exemption which states the following:

Why the exemption is being sought.

A project description that demonstrates the following:

The sequence of activities to be conducted;

The equipment to be used (hand or mechanical);

The best management practices to be used;

The efforts employed to minimize adverse impacts; and

Restoration for disturbed areas following the activity including mitigation for lost wetland functions.

The administrative official or designee shall approve or deny the exemption. A formal letter of exemption shall be provided when an exempt activity is approved under this chapter. If an exemption cannot be granted, the administrative official or designee shall notify the applicant in writing, stating the reason for denial of the exemption, at which time the applicant may pursue other permit processes under this chapter or modify the activity to a level that would justify reconsideration.

The following activities are exempt from the standard development permit process and identified in the following locations. However, this provision does not exempt an activity from other parts, permits or reviews required under this chapter:

Those activities listed in Section 17.50.305 exemptions for hydrologically related critical area features and wetlands;

Those activities listed in Section 17.50.306 exemptions for geologically hazardous areas; and

Those activities listed in Section 17.50.403 are exempt from the flood hazard permit requirements of Article 4, flood hazard areas.

(Ord. No. 620, § 1, 9-21-09)

17.50.305 - Documented exemptions for hydrologically related critical areas and wetlands.

The following development activities are exempt from standard development permits, except that Flood Hazard exemptions shall follow the exemption procedures found in Section 17.50.403:

Construction of a single-family residence and appurtenances where the residence and appurtenances meet all requirements of the city of Tieton and do not lie within a designated critical area or buffer (See single-family dwelling and normal appurtenances definition Sections 17.50.287 and 17.50.272). Applications for development within critical areas or their buffers shall follow the procedures of Section 17.50.317 adjustments.

Construction shall not involve placement of fill in any wetland or at locations waterward of the ordinary high water mark; and

Construction authorized under this exemption shall be located landward of the ordinary high water mark.

Single-family residence bulkheads, which includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting the single-family residence and appurtenant structures from loss or damage by erosion.

Normal protective bulkheads are not exempt if constructed for the purpose of creating dry land;

The administrative official or designee shall consider bioengineering options prior to exemption of subsections 2 and 3 below;

When repairing an existing bulkhead by construction of a vertical wall it shall be constructed no further waterward of the existing bulkhead;

Bioengineered erosion control projects may be considered a bulkhead when the project has been approved by the Department of Fish and Wildlife.

Construction or practices normal or necessary for ongoing farming, irrigation, and ranching activities, including agricultural service roads and maintenance of irrigation structures/utilities, including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and/or alteration of the contour of the land by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A "feedlot" shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. Construction of a barn or similar agricultural structures shall be reviewed for compliance with buffer requirements.

Normal maintenance or repair of existing structures or development, including damage by accident, fire, or elements are exempt, but may require a building permit. (See Section 17.50.273 normal repair.)

Except where repair involves total replacement or causes substantial adverse effects to the environment;

Replacement of non-conforming uses or facilities may also be subject to Chapter 17.40 non-conforming uses and facilities.

Emergency construction for protecting property from damage by the elements.

The following criteria must exist to qualify any action under an emergency provision:

There must be an immediate threat to life, public or private property, or the environment arising from a natural condition or technical incident;

The emergency response must be confined to the action necessary to protect life or property from damage;

The scope of the emergency response must be limited to the work necessary to relieve the immediate threat;

The emergency response applies only to the period of time when the actual emergency exists;

The request must be accompanied by a permit application or for an emergency exemption. Submittal requirements may be waived until after the emergency is deemed abated, and at that time the property owner shall submit an emergency mitigation summary to the city of Tieton.

Construction of a dock for the use of a single-family or multiple-family residence.

The construction of canals, waterways, drains, reservoirs, or other manmade facilities as a part of an irrigation system.

Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on July 12, 1994, effective date of this critical areas ordinance, for land not within shoreline jurisdiction, which were created, developed, or utilized primarily as a part of an agricultural drainage and diking system.

Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys.

Any project with certification from the governor pursuant to RCW 80.50 (Energy facilities — site locations).

Watershed restoration projects pursuant to RCW 89.08.460.

Site exploration and investigation activities required for a development permit provided that:

The activity will have no significant adverse impact on the environment;

The activity does not involve the installation of any structure; and

Upon completion of the activity, the vegetation and land configuration of the site are restored to conditions as they existed prior to the activity.

The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW (SEPA).

A public or private project to improve fish or wildlife habitat or fish passage, if:

The project has been approved by the Department of Fish and Wildlife;

The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW (Hydraulics Code);

The administrative official has determined that the project is consistent with this chapter.

Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat Enhancement Projects) are deemed consistent with this chapter.

Hazardous substance remedial actions, which a consent decree, order or agreed order has been issued pursuant to chapter 70.105D RCW (Model Toxics Control Act) or when the Department of Ecology conducts a remedial action under chapter 70.105D RCW (Model Toxics Control Act). The Department of Ecology shall assure that such projects comply with the substantive requirements of chapter 90.58 RCW (SMA), chapter 173-26 WAC (SMA Guidelines) and the Shoreline Master Program (YCC Title 16D), when applicable.

The removal of trees, which are hazardous, posing a threat to public safety, or pose an imminent risk of damage to private or public property, from critical areas and their buffers.

(Ord. No. 620, § 1, 9-21-09)

17.50.307 - Mitigation requirements.

All mitigation shall be sufficient to maintain the functions and values of the critical area.

All development shall demonstrate that reasonable efforts have been examined to avoid and minimize impacts to critical areas.

When an alteration to a critical area is proposed, it shall be avoided, minimized, or mitigated for in the following order of preference:

Avoiding the impact;

Minimizing impacts by limiting the degree or magnitude of the action, by using appropriate technology (i.e. project redesign, relocation or timing, to avoid or reduce impacts);

Rectifying the impact by repairing, rehabilitating or restoring the affected environment as appropriate;

Reducing or eliminating the impact by preservation and maintenance operations;

Compensating for the impact by replacing or providing substitute resources or environments; or

Monitoring the impact and taking appropriate corrective measures.

If an alteration to a critical area is unavoidable, all adverse impacts to that critical area and its buffers shall be mitigated for in accordance with an approved mitigation plan and mitigation for wetland impacts shall be mitigated in accordance with the Washington State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).

Mitigation shall be in-kind and on-site, whenever possible, and may be out-of-kind and/or off-site when deemed appropriate by the Administrative Official or designee.

(Ord. No. 620, § 1, 9-21-09)

17.50.308 - Application submittal.

Applications for development authorizations under this chapter shall be made on forms provided by the department. Application submittals shall include a site plan drawn to an engineering scale of 1:20 showing:

Dimensions of all sides of the parcel;

Size and location of existing and proposed structures;

Excavation, fill, drainage facilities, impervious surfaces, topography, slope;

Other information as needed to determine the nature and scope of the proposed development; and

Location of all critical areas such as those identified in Section 17.50.314 for critical area report requirements.

The submittal shall also include all required critical areas reports prepared in conformance with Sections 17.50.314 and 17.50.315.

To be complete, a critical area development authorization application must include all maps, drawings and other information or data specified by this chapter or requested on the basis of the pre-application conference (Section 17.50.302).

(Ord. No. 620, § 1, 9-21-09)

17.50.309 - Determination of review process.

The administrative official or designee shall determine from the application submittal, and other available information what type of permit and/or review will be required under this chapter.

Specific information of permit type, review and process can be found in subsequent sections of Article 3 of this chapter. However, a description of each type of permit or review is provided in Table 3-1 below. More than one permit or review may be needed for a project dependant upon project complexity.

Table 3-1

General Permits or Reviews

Standard Development. Standard development projects include any development not subject to RCW Ch. 90.58, the Shoreline Management Act.

Documented Exemptions. Documented exemptions are described as minor activities that do not need to go through a permit process. Exemptions from this chapter may be found in Sections 17.50.305, 17.50.306 and 17.50.403.

Specific Permits

Adjustment. An administrative adjustment is used outside shoreline jurisdiction when a project requires a reduction or adjustment to a development standard.

Non-conforming Use or Facility Alteration. A non-conforming use or facility alteration is necessary when an existing use that currently does not conform to this chapter is to be altered.

Minor Revisions to an Existing Permit. A minor revision to an existing permit allows a simplified review of certain changes to a project that has previously received a permit.

Reasonable Use Exception. A reasonable use exception provides an alternative to landowners when all reasonable use of a property has been prohibited.

Flood Hazard Permit. A flood hazard permit is required for activities within floodplains. It may include many of the specific permit types noted above, which are described in Article 4, Sections 17.50.400—17.50.436. It is focused mainly on construction methods, but may include site design to minimize impacts to adjacent properties or resources, or to locate the proposed development in areas where depth and velocity of floodwaters during the base flood do not exceed the current standards for construction of human occupied structures or safe access.

(Ord. No. 620, § 1, 9-21-09)

17.50.310 - Development authorization—Review procedure.

Upon submittal and acceptance of a completed development authorization application, the administrative official or designee shall process and review the application as follows. Exception: Permits or reviews under Article 4 shall follow the development regulations and procedures of Sections 17.50.400—17.50.436.

Development authorizations shall be processed in accordance with Title 14 notice procedures, and when applicable, with specific requirements provided in Sections 17.50.316—17.50.320, including but not limited to:

Submittals;

Completeness review;

Notices;

Hearings;

Decisions; and

Appeals.

Development authorizations shall be reviewed in conformance with the applicable development standards of Section 17.50.321 and with Articles 5—7.

Decisions on a development authorization shall be consistent with Section 17.50.311 authorization decision—basis for action, Section 17.50.312 conditional approval of development authorizations, and with any specific decision criteria provided under the section for each relevant permit type, as provided in Sections 17.50.316—17.50.321 (permit review criteria).

(Ord. No. 620, § 1, 9-21-09)

17.50.311 - Authorization decisions—Basis for action.

The action on any development authorization under this chapter shall be based upon the following criteria:

Impact of the project to critical area features on and abutting the property;

Danger to life or property that would likely occur as a result of the project;

Compatibility of the project with the critical area features;

Conformance with applicable development standards;

Compliance with flood hazard mitigation requirements of Sections 17.50.400—17.50.436;

Adequacy of the information provided by the applicant or available to the department;

Based upon the project evaluation, the administrative official shall take one of the following actions:

Grant the development authorization,

Grant the development authorization with conditions, as provided in Section 17.50.312 (Conditional Approval), to mitigate impacts to the critical area feature(s), or

Deny the development authorization.

The decision by the administrative official or designee shall include written findings and conclusions.

(Ord. No. 620, § 1, 9-21-09)

17.50.312 - Conditional approval of development authorization.

In granting any development authorization, the administrative official or designee may impose conditions to:

Accomplish the purpose and intent of this chapter;

Eliminate or mitigate any identified negative impacts of the project;

Protect critical areas from damaging and incompatible development.

(Ord. No. 620, § 1, 9-21-09)

17.50.313 - Fees and charges.

The Tieton city council shall establish the schedule of fees and charges listed in Tieton Municipal Code for development authorizations, variances, appeals and other matters pertaining to this chapter.

(Ord. No. 620, § 1, 9-21-09)

17.50.314 - Critical areas report requirements.

The administrative official or designee may require a critical areas report, paid for by the applicant, when it is determined necessary.

A qualified professional shall prepare the report consistent with best available science.

The intent of these provisions is to require a reasonable level of technical study and analysis sufficient to protect critical areas. The analysis shall be appropriate to the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity.

The critical area report shall:

Demonstrate the proposal is consistent with the purposes and standards of this chapter;

Describe all potential risks to critical areas, and assess impacts on the critical area from the activities and uses proposed; and

Identify mitigation and protective measures.

The critical areas report shall include information addressing the supplemental report requirements (see Section 17.50.315).

The administrative official or designee shall review the critical areas report for completeness and accuracy and shall consider the recommendations and conclusions to assist in making decisions on development authorizations, appropriate mitigation, and protective measures.

Critical areas reports shall be valid for a period of five years, unless it can be demonstrated that a previous report is adequate for current analysis. Reports prepared for adjacent properties may be utilized for current analysis only when it can be shown through a supplemental report or site investigation that conditions on site are unchanged.

The administrative official or designee may require the preparation of a new critical area assessment or a supplemental report if the initial assessment is in error.

The administrative official or designee may reject or request revision of the critical areas report when it can be demonstrated that the assessment is inaccurate, incomplete or does not fully address the critical areas impacts involved.

Applicants shall provide reports and maps to the city in both electronic and paper formats. In addition, all critical area delineations/maps shall be provided to the city by means of a GPS projected coordinate system data set, such as, NAD 27 or NAD 83. The City may waive this requirement for single-family developments. Applicants are encouraged to coordinate with the administrative official or designee regarding electronic submittal guidelines.

At a minimum, a critical areas report shall include the following information:

A site plan showing the proposed development footprint and clearing limits, and all relevant critical areas and buffers;

A written summary of the critical areas, including their size, type, classification or rating, condition, disturbance history, and functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the description shall identity the type and characteristics of the hazard;

An analysis of potential adverse impacts and how they will be mitigated or avoided. Geological hazardous areas are additionally required to assess the risks posed by the development to critical areas, public and private properties, and both associated and unassociated near by facilities and uses;

When impacts cannot be avoided, the report shall include a plan describing mitigation to replace critical area functions and values. For projects on or adjacent to geologically hazardous areas or areas subject to high floodwater depth or velocity the mitigation shall additionally address the site, and other public and private properties, and both associated and unassociated nearby facilities and uses potentially affected;

The dates, names, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and

Additional reasonable information requested by the administrative official or designee.

A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site.

The administrative official or designee may limit the geographic area of the critical area report as appropriate.

Compensatory Mitigation Plans. When compensatory mitigation, as described in Section 17.50.307 mitigation requirements, are proposed for wetland areas or stream channels, the applicant shall submit a mitigation plan as part of the critical area report, which includes:

A written report identifying environmental goals and objectives of the proposed compensation including a description of:

The anticipated impacts to the critical areas,

The mitigating actions proposed,

The purpose of the compensation measures, including site selection criteria,

The compensation goals and objectives,

The desired resource functions,

Construction activities start and completion dates, and

Analysis of anticipated success of the compensation project;

A review of the best available science supporting the proposed mitigation;

A description of the report and the author's experience to date in restoring or creating the type of critical area report proposed;

Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating the goals and objectives to ensure the mitigation project has been successfully attained;

Detailed Construction Documents. The mitigation documents shall include written specifications and plans describing the mitigation proposed, such as:

The proposed construction sequence, timing, and duration,

Grading and excavation details,

Erosion and sediment control features,

A planting plan specifying plant species, quantities, locations, size, spacing, and density,

Measures to protect and maintain plants until established, and

Documents should include scale drawings showing necessary information to convey both existing and proposed topographic data, slope, elevations, plants and project limits;

Monitoring Program. The mitigation plan shall include:

A program for monitoring both construction of the compensatory project and its completion and survivability,

A plan which details how the monitoring data will be evaluated to determine if the performance standards are being met,

Reports as needed to document milestones, successes, problems, and contingency actions of the compensation project, and

Monitoring for a period necessary to establish that performance standards have been met, but not for a period less than five years;

Contingency Plan. Identification of the potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

Financial Guarantees. A financial guarantee ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with Section 17.50.321(A) financial guarantees.

Innovative Mitigation.

Advanced mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section. One or more applicants or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas;

The applicant demonstrates the organizational and fiscal capability to act cooperatively;

The applicant demonstrates that long-term management of the habitat area will be provided;

There is a clear potential for success of the proposed mitigation at the identified site;

There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans;

The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional mitigation approaches;

The plan is consistent with the general purpose and intent of this section;

The plan shall contain relevant management strategies which are within the scope of this section; and

The plan shall contain clear and measurable standards for achieving compliance with the purposes of this section, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance.

Conducting mitigation as part of a cooperative process does not reduce or eliminate the required wetland replacement ratios.

Projects that propose compensatory wetland mitigation shall also use the standards in Section 17.50.604, compensatory mitigation requirements. For those situations where a mitigation bank may provide an opportunity for mitigation, then the requirements in Section 17.50.605, wetland mitigation banks shall apply.

(Ord. No. 620, § 1, 9-21-09)

17.50.315 - Supplemental report requirements for specific critical areas.

Stream Corridors. When a critical areas report is required for a stream corridor or hydrologically related critical area, it shall include the following:

A habitat and native vegetation conservation strategy that addresses methods to protect the functional properties listed in Section 17.50.504 functional properties.

Where proposed construction lies within an immediate zone of potential channel migration, a hydrologic analysis report may be required. The report shall assume the conditions of the 100-year flood, include on-site investigative findings, and consider historical meander characteristics in addition to other pertinent facts and data.

Wetlands. When a critical areas report is required for wetlands, it shall include the following:

The exact location of a wetland's boundary and wetland rating as determined through the performance of a field investigation by a qualified wetland professional applying the Washington State Wetland Identification and Delineation Manual (Ecology Publication #96-94) as required by RCW 36.70A.175 and the Washington State Wetland Rating System for Eastern Washington.

All delineated wetlands and required buffers within two hundred (200) feet of the project area shall be shown on the site plan. Available information should include, but not be limited to aerial photos, land based photos, soils maps, or topographic maps.

An analysis of the wetlands including the following site related information:

A statement specifying the accuracy of the report and all assumptions made and relied upon;

Documentation of fieldwork performed on the site, including field data sheets for delineations, wetland rating forms, baseline hydrologic data, etc.;

A description of the methodologies used to conduct the wetland delineations, or impact analyses including references;

Wetland category, including vegetative, faunal, and hydrologic characteristics.

For projects that will affect the wetland or buffer, provide the following:

A habitat and native vegetation conservation strategy that addresses methods to protect or enhance on-site habitat and wetland functions and values listed in Section 17.50.603(A), wetland functions and rating, and Section 17.50.504 functional properties;

Mitigation sequencing, pursuant to Section 17.50.307, mitigation requirements to avoid, minimize, and mitigate impacts shall result in "not net loss" of acreage or functional values of wetlands and shall follow the guidance provided in Section 17.50.604 compensatory mitigation.

Geologically Hazardous Areas. When a critical areas report is required for a geologically hazardous area, it shall include the following:

A description of the site features, including surface and subsurface geology;

A description of the geologic processes and hazards affecting the property, including a determination of the actual hazard types for any suspected and risk unknown hazards identified in the affirmative determination of hazard;

A description of the vulnerability of the site to seismic and other geologic processes and hazards;

A description of any potential hazards that could be created or exacerbated as a result of site development;

For developments in or affecting landslide hazard areas the report shall also include:

Assessments and conclusions regarding slope stability including the potential types of landslide failure mechanisms (e.g., debris flow, rotational slump, translational slip, etc.) that may affect the site. The stability evaluation shall also consider dynamic earthquake loading and shall use a minimum horizontal acceleration as established by the current version of the TMC Title 15, (building code),

An analysis of slope recession rate shall be presented in those cases where stability is impacted by stream meandering or other forces acting on the toe of the slope,

Description of the run-out hazard of landslide debris to the proposed development that starts up-slope and/or the impacts of landslide run-out on down-slope properties and critical areas;

Flood Hazards.

Prior to authorization of any construction within a floodplain, which can be anticipated to displace floodwaters or alter the depth or velocity of floodwaters during the base flood, an engineering report shall be prepared by a licensed engineer in the state of Washington that establishes any new flood elevations that would result for the 100-year flood frequency if the project were implemented.

(Ord. No. 620, § 1, 9-21-09)

17.50.316 - Standard development permit.

Classification Criteria. Standard development permits include any development not subject to RCW Ch. 90.58 (Shoreline Management Act).

Process. Standard development permits shall be processed as either a Level (1) or Level (2) Review; and applications that are of a significant size or scope may be processed as a Level (2) or (3) Review at the judgment of the administrative official or designee. Examples of such projects include those that typically require environmental review (SEPA), filling or excavating a stream channel or wetlands, involve large amounts of fill, require large amounts of parking, etc.

Decision Criteria. Decisions on standard development permits shall be based on the general decision criteria found in Section 17.50.311, authorization decisions—basis for action.

(Ord. No. 620, § 1, 9-21-09)

17.50.317 - Adjustment.

Classification Criteria. For projects not required to be processed under RCW Ch. 90.58 (Shoreline Management Act), the administrative official or designee is authorized to administratively adjust the development standards. Existing structures, parcel size, property boundaries, and other constraints may preclude conformance with building setbacks and vegetative buffers. Given such constraints, administrative adjustments may be authorized where the site plan and project design include measures to ensure the protection and performance of the functional properties identified in Section 17.50.504, functional properties. Adjustments of vegetative buffer standards listed in Tables 5-1 and 5-2 may be reduced to the minimum buffer width listed. Reductions below the minimum may be considered but require stricter criteria be met in subsection (C)(4) below. Adjustments to prohibited use limits are not allowed.

Process. Requests for an adjustment permit shall be processed as a Level (2) review. Requests for adjustments of development standards shall be made in writing and shall specify the standard(s) that an adjustment is sought for, along with the reasons why the adjustment is sought.

Decision Criteria. Decisions on adjustment permits shall be based on the general decision criteria found in Section 17.50.311, authorization decisions—basis for action together with the criteria below:

A particular standard may be reduced or modified as long as the administrative official determines that the adjustment and/or reduction:

Is consistent with the purpose of this chapter;

Is consistent with the intent of the standard; and

Will not result in degradation of the critical area.

The Administrative Official or designee shall consider the following:

The proximity and relationship of the project to any critical area and its potential impacts;

The functions and values that the critical area performs;

The overall intensity of the proposed use;

The presence of threatened, endangered, or sensitive species;

The site's susceptibility to severe erosion; and

The use of buffer averaging or buffer enhancement plans by the applicant using native vegetation or other measures to enhance the functions and values of the hydrologically related critical area (HRCA).

When granting an adjustment, the administrative official or designee may require, but is not limited to the following alternative measures to protect the functions and values of the HRCA:

Restoration of impaired channels and banks to conditions which support natural stream flows, fish habitat, and other values;

Restoration, enhancement, and preservation of soil characteristics and the quantity and variety of native vegetation;

Provisions for erosion control and the reduction and filtration of stormwater runoff on the stream channel and buffer;

Removal or alteration of existing manmade facilities associated with stream channels, or drainage ways, which improve stream-flow or exchange of surface waters;

Replacement of lost stream corridor features on an acre-for-acre basis and replacement of lost wetlands in accordance with guidance provided in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated);

Conservation easements for key portions of stream corridor property and/or their inclusion within public or private conservation programs; or

Vegetative buffer averaging may be modified by averaging buffer widths. Buffer averaging is preferred in the use of mitigation sequencing (Section 17.50.307, mitigation requirements) over a reduction in the buffer standards.

The following additional criteria must be met to reduce the critical areas stream and wetland buffers found in Tables 5-1 and 5-2 below the minimum listed in the respective tables:

There is a hardship related to maintenance of the minimum buffer width that results from parcel boundaries or existing on-site development;

When warranted under (a) above, the buffer width shall be the maximum possible while meeting the minimum need of the proposal;

The applicant shall prepare a mitigation plan, which addresses the decrease of wetland or stream function due to the decrease in buffer size.

(Ord. No. 620, § 1, 9-21-09)

17.50.318 - Reasonable use exception.

Classification Criteria. If the application of this chapter would deny all reasonable economic use of the subject property, the property owner may apply for a reasonable use exception.

Process. A reasonable use exception shall be processed as a Level (3) review with a public hearing.

Decision Criteria. The reasonable use request shall be accompanied by conformance criteria. Failure to satisfy any one of the criteria shall result in denial of the request and the burden of proof shall be on the applicant. Decisions on a reasonable use request shall be based on the general decision criteria found in Section 17.50.311, authorization decisions—basis for action, together with the criteria below:

The application of this chapter would deny all reasonable use of the property; provided that the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant;

No other reasonable use of the property has less impact on the critical area;

Any alteration is the minimum necessary to allow for reasonable use of the property.

(Ord. No. 620, § 1, 9-21-09)

17.50.319 - Minor revisions to approved uses or development

Classification Criteria. Minor revisions as described in Section 17.50.266 to a project that has been previously approved under a critical area permit are allowed under the following circumstances:

Changes that are not substantive are not required to obtain a revision and may be allowed.

Substantive changes are those that materially alter the project in a manner that relates to its conformance with the permit requirements. Such changes may be approved as a minor revision, if the administrative official or designee determines that the proposed revision is within the scope and intent of the original permit, and meets the criteria listed below. Failure to meet the criteria below will require a new permit:

Lot coverage and height may be increased by a maximum of ten (10) percent from the provisions of the original permit, provided that:

Revisions involving new structures not shown on the original site plan shall require a new permit, and

ii.

Any revisions authorized under this subsection shall not exceed height, lot coverage, setback, or any other requirements of this chapter;

Landscaping may be added without an application for a new permit provided that it is consistent with conditions of the original permit;

The use authorized pursuant to the original permit has not changed;

No additional significant adverse environmental impacts will be caused by the project revision.

Process. Minor revisions to existing permits shall be processed under Class (1) review procedures.

Decision Criteria. Decisions on permit revisions shall be based on the general decision criteria found in Section 17.50.311, authorization decisions—basis for action.

(Ord. No. 620, § 1, 9-21-09)

17.50.320 - Non-conforming uses and facilities.

Non-conforming uses and facilities are classified as either conforming uses with non-conforming structures or areas, or as non-conforming uses.

(Ord. No. 620, § 1, 9-21-09)

17.50.321 - General critical areas protective measures.

The standards below apply to all permits and reviews performed under this chapter:

Financial Guarantees to Ensure Mitigation, Maintenance, and Monitoring.

When required mitigation pursuant to a development proposal is not completed prior to the city of Tieton's final permit approval, the Administrative Official, or designee may require the applicant to post a financial guarantee to ensure that the work will be completed.

If a development proposal is subject to compensatory mitigation, the applicant must post a financial guarantee to ensure mitigation is fully functional.

All financial guarantees shall be in the amount of one hundred and twenty-five (125) percent of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the functions and values of the critical area that are at risk.

The financial guarantee may be in the form of a surety bond, performance bond, assignment of savings account, irrevocable letter of credit guaranteed by an acceptable financial institution, or other form acceptable to the administrative official or designee, with terms and conditions acceptable to the city of Tieton attorney.

The financial guarantee shall remain in effect until the administrative official or designee determines that the standards bonded for have been met. Financial guarantees for wetland or stream compensatory mitigation shall be held for a minimum of five years after completion of the work to ensure that the required mitigation has been fully implemented and demonstrated to function.

If public funds have previously been committed for mitigation, maintenance, monitoring, or restoration a financial guarantee will not be required.

Failure to satisfy critical area requirements shall constitute a default, and the administrative official and his or her designee may demand payment of any financial guarantee.

Any funds recovered pursuant to this section shall be used to complete the required mitigation. Such funds shall be deposited in a separate account. The city of Tieton will use such funds to arrange for completion of the project or mitigation, and follow-up corrective actions.

Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

Subdivision Standards. The following standards apply to all permits or reviews under the Subdivision Ordinance (Title 16) that contain critical areas:

All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (Title 16) and zoning ordinances (Title 17).

Critical areas shall be actively protected through the following:

Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible;

When geologically hazardous areas (excluding erosion, over steepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision:

Said critical areas may be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes may be deemed appropriate by the administrative official as meeting this provision when special circumstances obstruct the viability of this provision,

ii.

For those new lots that do contain said critical areas, useable building envelopes (five thousand (5,000) square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas;

New lots partially within the floodplain shall provide a usable building envelope (five thousand (5,000) square feet or more for residential uses) outside the floodplain.

New lots entirely within the floodplain shall be at least one acre in area;

For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lies outside said critical areas;

Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover;

Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat.

Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, over steepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodway, channel migration zone (CMZ), stream, wetland, and/or vegetative buffers may not be further divided.

(Ord. No. 620, § 1, 9-21-09)

17.50.400 - Flood hazard areas established.

The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Yakima County, Washington and Incorporated Areas") dated November 18, 2009, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) and any revisions thereto, are hereby adopted by reference and declared to be part of Article 4 of the city of Tieton's critical areas ordinance and are established as flood hazard areas. The FIS and FIRMs are on file at Tieton City Hall, 418 Maple St., Tieton, Washington, 98947. The best available information for flood hazard area identification as outlined in Section 17.50.419 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 17.50.419.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.401 - Principles.

This article recognizes the right and need of the river channel to periodically carry more than the normal flow of water and establishes regulations to minimize loss of life and property, restrict uses and regulate structures consistent with the degree of flood hazard.

In advancing the above principals, the intent of this article is to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in flood hazard areas;

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

Notify potential buyers that the property is in a special flood hazard area;

Notify those who occupy flood hazard areas that they assume responsibility for their actions; and

Participate in and maintain eligibility for flood insurance and disaster relief.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.402 - Applicability.

The guidelines and regulations set forth herein, Title 15 TMC, and related building codes shall apply to all special flood hazard areas.

The provisions of this article shall apply to any development proposed in a special flood hazard area.

Flood hazard permits shall be approved by the city of Tieton. Approval shall only be granted in accordance with this article and other applicable local, state, and federal regulations.

Topographic, engineering and construction information necessary to evaluate the proposed project shall be submitted to the department for approval.

The granting of a permit for any development or use does not constitute a representation, guarantee or warranty of any kind or nature by the city of Tieton, or its employees, of the practicality or safety of any structure or proposed use, and shall not create liability upon or cause action against the above-mentioned body, or employee, for any damage that may result.

(Ord. No. 620, § 1, 9-21-09)

17.50.403 - Documented exemptions.

The following uses and activities are exempt from the provisions of this article:

Any alteration or substantial improvement of any structure listed on the National Register of Historic Places or state inventory of historic places, provided that the alteration or substantial improvement will not preclude the structure's continued designation as an historic structure;

Private driveways, fences and other accessory activities and/or uses necessary for agricultural uses which the administrative official determines will not unduly decrease flood storage or capacity, significantly restrict floodwaters, create a substantial impoundment of debris carried by floodwaters, and will resist flotation and collapse.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 623, § 1, 11-16-09)

17.50.404 - Interpretations.

In the interpretation and application of this article, the provisions shall be considered as minimum requirements; and shall be strictly construed in favor of the policies and standards herein; and deemed neither to limit nor repeal any other powers granted under state statute. Its provisions shall be applied in addition to and as a supplement to provisions of the Tieton Municipal Code, Title 15, buildings and construction, Title 14, development regulations, Title 16, subdivisions, and Title 17, Tieton zoning ordinance. Sections 17.50.400 through 17.50.436 are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these ordinances and other ordinances conflict or overlap, the standard imposing the more stringent requirement shall prevail.

In an interpretation as to an exact location of the boundaries of the special flood hazard areas (i.e., conflict between a mapped boundary and actual field conditions), the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of the National Flood Insurance Program Section 60.6 (See 44 CFR 59, et seq. and IBC 104.1).

(Ord. No. 620, § 1, 9-21-09)

17.50.405 - Compliance.

All development within the special flood hazard areas is subject to the terms of this article and other applicable regulations.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.405-1 - Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an infraction. See, Tieton Municipal Code, Chapter 1.12.

(Ord. No. 771, § 2, 10-12-21)

17.50.406 - Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the area of special flood hazards or permitted uses within such area will not be subject to flooding or flood damage. This ordinance shall not create liability on the part of the city of Tieton, any officer or employee thereof, or the Federal Insurance Administrator, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.407 - General standards.

The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24 and HUD 24 CFR Part 3280:

Anchoring and Construction Techniques.

All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring shall meet the specifications set forth below for structures located within one hundred (100) feet of a floodway or the ordinary high water mark if no floodway has been established. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors

All new construction and substantial improvements, including those related to manufactured homes, or additions to existing flood proofed structures that would extend beyond the existing flood proofing located within one hundred (100) feet of the floodway or one hundred (100) feet of the ordinary high water mark if no floodway has been established, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted flood proofing techniques.

Utilities.

All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; water wells shall be located on high ground that is not in the floodway.

Subdivision Proposals. Subdivision proposals as well as new development shall:

Be consistent with the need to minimize flood damage;

Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;

Have adequate drainage provided to reduce exposure to flood damage; and

Include base flood elevation data.

In the cases where base flood elevation is not available and the subdivision is greater than five acres or fifty (50) lots (whichever is lesser) a step-back water analysis shall be required to generate the base flood elevation data as part of the application.

Watercourse Alterations. The flood-carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities and the Department of Ecology, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Storage of Materials and Equipment.

The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.

Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 623, § 2, 11-16-09; Ord. No. 771, § 2, 10-12-21)

17.50.408 - Specific standards.

In all special flood hazard areas where base elevation data has been provided as set forth in Section 17.50.400, the following regulations shall apply, in addition to the general standards of Section 17.50.407. Additional standards were clarified in FEMA Technical Bulletin 11-01 to allow crawlspace construction for buildings located in the special flood hazard areas; however, adopting this provision can result in a twenty (20) percent increase in flood insurance premiums.

Residential Construction. (See IRC 323.2)

In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one-foot or more above the base flood elevation. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE.

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one-foot above grade.

Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.

Residential construction within one hundred (100) feet of a floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of Section 17.50.407(C).

New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in Section 17.50.433-1.

New construction and substantial improvement of any residential structure in an Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the Highest Adjacent Grade.

Nonresidential Construction (44 CFR 60.3(C)(3)(4)). New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet the requirements of subsection 1 or 2 below.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE, or as required by ASCE 24, whichever is greater.

If located in an AO zone, the structure shall meet the requirements in 17.50.433-1

If located in an Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection 17.50.408(A)(2) above;

If the requirements of subsection 1 are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

Be dry flood proofed so that below one-foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood proofed to the elevation required by ASCE 24, whichever is greater;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 17.50.427(B).

Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection 17.50.408(A)(2) above;

Manufactured Homes. Manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Recreational Vehicles. Recreational vehicles placed on sites are required to either:

Be on the site for fewer than one hundred eighty (180) consecutive days;

Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

Meet the anchoring requirements of Section 17.50.408(C) above.

Enclosed Areas Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.

Appurtenant Structures (Detached Garages and Small Storage Structures)—For A Zones (A, AE, A1-30, AH, AO):

Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:

Use of the appurtenant structure must be limited to parking of vehicles or limited storage;

The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;

The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;

Any machinery or equipment servicing the appurtenant structure must be elevated or flood proofed to or above the BFE;

The appurtenant structure must comply with floodway encroachment provisions in Section 17.50.412(B);

The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Section 17.50.408(A)(2);

The structure shall have low damage potential;

If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and

The structure shall not be used for human habitation.

Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 17.50.408(A).

Upon completion of the structure, certification that the requirement of this section have been satisfied shall be provided to the floodplain administrator for verification.

AE and A1-30 Zones with Base Flood Elevations but no Floodways. In areas with BFEs (when a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the BFE shall be provided to all critical facilities to the extent possible.

Livestock Sanctuary Areas. Elevated areas for the for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. To be "elevated sufficiently to protect livestock" typically means to be elevated at least one foot above the BFE.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 623, § 2, 11-16-09; Ord. No. 771, § 2, 10-12-21)

17.50.409 - Permitted uses.

The following uses are permitted in the floodway fringe areas:

Any use permitted in the zoning district in accordance with Title 17 of the Tieton Municipal Code, unless prohibited by Section 17.50.410.

Utility Transmission Lines. Utility transmission lines shall be permitted when consistent with Title 17 and where not otherwise inconsistent with this article; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway fringe or special flood hazard area, such transmission line shall conform to the following:

Electric transmission lines shall cross floodway fringe and special flood hazard areas by the most direct route feasible. When support towers must be located within floodway fringe or special flood hazard areas, they shall be placed to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed.

Buried utility transmission lines transporting hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet. Such burial depth shall be maintained within the floodway fringe or special flood hazard area to the maximum extent of potential channel migration as determined by hydrologic analyses. All such hydrologic analyses shall conform to requirements of Section 17.50.411(C)(3).

Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and non-hazardous materials shall be buried below existing natural and artificial drainage features.

Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of non-hazardous materials. In such cases, applicants must demonstrate that line placement will have no appreciable effect upon flood depth, velocity, or passage. Such lines shall be adequately protected from flood damage.

Aboveground utility transmission line appurtenant structures, including valves, pumping stations or other control facilities, shall not be permitted in floodway fringe or special flood hazard areas except where no other alternative is available, or in the event a floodway fringe or special flood hazard location is environmentally preferable. This does not apply to domestic water and regional wastewater transmission pipes. In such instances, aboveground structures shall be located so that no appreciable effect upon flood depth, velocity, or passage is created, and shall be adequately floodproofed.

(Ord. No. 620, § 1, 9-21-09)

17.50.410 - Prohibited uses.

The following uses shall be prohibited in floodway fringe areas:

New manufactured home parks and the expansion of manufactured home/parks.

(Ord. No. 620, § 1, 9-21-09)

17.50.410-1 - Floodway uses—In general.

Located within areas of special flood hazard established in Section 17.50.400 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply:

(Ord. No. 771, § 2, 10-12-21)

17.50.411 - Permitted uses.

Permitted uses include any use permitted in the zoning district in accordance with Title 17 of this code, provided that said use is in compliance with the flood hazard protection standards of Chapter 15.12 and other applicable provisions of this chapter and will have a negligible effect upon the floodway. Permitted uses include:

All encroachments, including fill, new construction and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge.

Surface mining, provided that the applicant can provide clear evidence that such uses will not divert flood flows causing channel-shift or erosion, accelerate or amplify the flooding of downstream flood hazard areas, increase the flooding threat to upstream flood hazard areas, or in any other way threaten public or private properties. When allowed, such removal shall comply with the provisions of Title 17.

Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following:

All utility transmission lines shall cross floodways by the most direct route feasible as opposed to paralleling floodways;

Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed;

Buried utility transmission lines transporting hazardous and non-hazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall govern placement. All hydrologic analyses are subject to acceptance by the city of Tieton, which shall assume the conditions of a 100-year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with the city of Tieton adopted standards;

Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of non-hazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations below the 100-year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site-specific conditions and flood damage potential shall dictate placement, design, and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity, or passage, and shall be adequately protected from flood damage. If the transmission line is to be buried except at the waterway crossing, burial specifications shall be determined as in subsection (C)(3) above.

Construction or reconstruction of residential structures only as authorized in Section 17.50.412(E).

Improvements to existing residential structures that are not substantial improvements per Section 17.50.294, provided the improvement complies with the requirement set forth in Section 17.50.412(B).

Water-dependent utilities and other installations, which by their very nature must be in the floodway. Examples of such uses are: dams for domestic/industrial water supply; wastewater treatment and collection systems; stream crossings or wetlands, flood control and/or hydroelectric production; water diversion structures and facilities for water supply; irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; and structures and nonstructural uses and practices; provided, that the applicant shall provide evidence that a floodway location is necessary in view of the objectives of the proposal, and provided further that the proposal is consistent with other provisions of this chapter and the city's shoreline master program. In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing and otherwise comply with subsections (C)(1)—(5) above.

Dikes, provided that the applicant can provide evidence that:

Adverse effects upon adjacent properties will not result relative to increased floodwater depths and velocities during the base flood or other more frequent flood occurrences;

Natural drainage ways are minimally affected in that their ability to adequately drain floodwaters after a flooding event is not impaired;

The proposal has been coordinated through the appropriate diking district where applicable, and that potential adverse effects upon other affected diking districts have been documented.

Roads and bridges, subject to the regulations of subsections (C)(1)—(5) above.

(Ord. No. 620, § 1, 9-21-09)

17.50.412 - Prohibited uses.

The following uses/developments are prohibited in the floodway:

Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings);

Any encroachments, including fill, new construction, substantial improvements, and other development shall require certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge;

Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary;

Where a floodway has not been determined by preliminary corps of engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified 100-year flood event;

Construction or reconstruction of residential structures within designated floodways, except for:

Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area;

Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the assessed value of the structure either: (A) before the repair, reconstruction or improvement is started, or (B) if the structure has been damaged and is being restored, before the damage occurred.

Work done on structures to correct existing violations of existing health, sanitary or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places shall not be included in the fifty (50) percent.

If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

The construction or storage of any object subject to flotation or movement during flood level periods;

The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited:

The filling of wetlands, except as authorized under Article 5, fish and wildlife habitat and the stream corridor and Article 6, wetlands;

Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and

Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (See Section 17.50.509).

The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.413 - Non-conforming uses and facilities.

Within the special flood hazard areas established by Chapter 15.12 or amendments thereto, there may exist structures and uses of land and structures, which were lawful before these sections were adopted or amended, but which would be prohibited, or restricted under the terms of this article or future amendment.

It is the intent of Chapter 15.12 to permit these lawful pre-existing nonconformities to continue until they are removed by economic forces or otherwise, but not to encourage their survival except in cases where continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this chapter.

(Ord. No. 620, § 1, 9-21-09)

17.50.414 - Administration.

The building official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of this article and may prepare and require the use of such forms as are essential to such administration.

(Ord. No. 620, § 1, 9-21-09)

17.50.415 - Authority.

Upon application, the building official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in this article and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the critical areas ordinance.

(Ord. No. 620, § 1, 9-21-09)

17.50.416 - Permit—Required.

Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in Article 3. The permit shall be for all structures including manufactured homes, as set forth in the "definitions," and for all development including fill and other activities, also set forth in the "definitions."

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.417 - Permit—Application.

All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in Title 15, using the forms supplied. The application shall not be considered complete until the following minimum information is provided as identified below and in Chapter 14.16:

Name, address and telephone number of applicant and property owner if different;

Project description and taxation parcel identification number;

Name of the stream or body of water associated with the floodplain in which the development is proposed;

Site plan map drawn to an engineering scale showing:

Actual dimensions and shape of the parcel to be built on;

Sizes and location of existing structures on the parcel;

Location and dimensions of the proposed development, structure or alteration;

Location, volume and type of any proposed fill;

The application shall include other information as may be required by the administrative official to clarify the application for the enforcement of this article.

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the floodplain administrator.

Elevation in relation to mean sea level to which any structure has been flood proofed.

Where a structure is to be flood proofed, certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet flood proofing criteria in Section 17.50.408(B).

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

Where a development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation.

Any other information that may be reasonably required by the floodplain administrator in order to review the application.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.418 - Duties and responsibilities of the floodplain administrator.

Duties of the floodplain administrator shall include, but not be limited to, the following.

(Ord. No. 771, § 2, 10-12-21)

17.50.418-1 - Permit—Review.

Flood hazard permit applications will be reviewed to determine:

The elevation and floodproofing requirements of Article 4 of this chapter;

The proposed development's location in relation to the floodway and any encroachments Section 17.50.412(B);

Alteration or relocation of a watercourse Section 17.50.407(D)(3);

That the proposed development is a permitted use under this article and Title 17;

That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

The permit requirements of this ordinance have been satisfied.

The site is reasonably safe from flooding.

Notify FEMA when annexations occur in the special flood hazard area.

Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

Editor's note— Formerly § 17.50.418

17.50.418-2 - Interpretation of FIRM boundaries.

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (e.g. where there appears to be a conflict between a mapped boundary and the actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the NFIP.

(Ord. No. 771, § 2, 10-12-21)

17.50.418-3 - Review of building permits.

Where elevation data is not available, either through the FIS, FIRM, or from another authoritative source (Section 17.50.419), applications for floodplain development shall be reviewed to assure that proposed construction will be reasonable safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

(Ord. No. 771, § 2, 10-12-21)

17.50.419 - Use of available data.

When base flood elevation data has not been provided in accordance with Section 17.50.400, flood hazard areas established, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 17.50.408, specific standards, and Section 17.50.412, floodway prohibited uses.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.420 - Limitations.

Permits issued based on plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of this article and punishable as provided by Section 17.48 TMC.

(Ord. No. 620, § 1, 9-21-09)

17.50.421 - Permit—Expiration and cancellation.

If the work described in any permit has not begun within one hundred eighty (180) days from the date of issuance thereof, the permit shall expire and be canceled by the building official.

(Ord. No. 620, § 1, 9-21-09)

17.50.422 - Performance bonds.

The city may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under this article. Bonds, if required, shall be furnished by the property owner, or other person or agent in control of the property.

In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city in an amount equal to that which would be required in the surety bond.

(Ord. No. 620, § 1, 9-21-09)

17.50.423 - Appeals.

The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Article 3.

(Ord. No. 620, § 1, 9-21-09)

17.50.424 - Coordination.

(Ord. No. 620, § 1, 9-21-09)

17.50.425 - Applicability.

Conflicts with other existing local laws or ordinances.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.

Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.

For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

Upon a showing that the use cannot perform its intended purpose unless it's located or carried out in close proximity to water. This includes only facilities defined in Section 17.50.200 of this chapter in the definition of "functionally dependent use."

(Ord. No. 620, § 1, 9-21-09; Ord. No. 623, § 3, 11-16-09; Ord. No. 771, § 2, 10-12-21)

17.50.431-1 - Variance criteria.

In considering variance applications, the {governing body} shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

The safety of access to the property in time of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.

(Ord. No. 771, § 2, 10-12-21)

17.50.432 - Floodplain administrator's decision.

After considering any comments received from other agencies, jurisdictions or adjoining property owners, the floodplain administrator shall approve, approve with conditions, or deny the variance request. The floodplain administrator shall prepare written findings and conclusions stating the specific reasons upon which the decision is based.

Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.433 - Notification and final decision.

The decision shall be issued within seven days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copy.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

Such construction below the BFE increases risks to life and property.

The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.433-1 - Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this code, the following additional provisions also apply in AO zones:

New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

New construction and substantial improvements of nonresidential structures within AO zones shall either:

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above* the depth number specified on the FIRM (at least two feet if no depth number is specified); or

Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect as in section 17.50.408(B)(2)(c).

Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Recreational vehicles placed on sites within AO zones on the community's FIRM either:

Be on the site for fewer than one hundred eighty (180) consecutive days;

Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the requirements of subsections 1 and 3 above and the anchoring requirements for manufactured homes (Section 17.50.407(A)(1).

(Ord. No. 771, § 2, 10-12-21)

17.50.434 - Power to refer decisions.

In exercising the duties and powers of implementing and administrating this article of this chapter, the administrative official may refer any variance application to the hearing examiner for action at a public hearing.

(Ord. No. 620, § 1, 9-21-09)

17.50.435 - Appeals.

Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in TMC Title 14.

(Ord. No. 620, § 1, 9-21-09)

17.50.436 - Federal flood hazard map correction procedures.

The procedures for federal flood hazard map correction, as provided in federal regulations 44 CFR 70 of the National Insurance Program are hereby adopted by reference.

(Ord. No. 620, § 1, 9-21-09)

17.50.500 - Purpose and intent.

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. Policies and standards to help conserve and protect are designed to accomplish the following:

Meet the requirements of the Growth Management Act (RCW 36.70A.172) regarding best available science;

Follow the requirements pursuant to the flood-resistant construction in the adopted building code;

Provide a zero net loss of natural wetland functions and values;

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

Prevent decline in the quantity and quality of surface and subsurface waters;

Conserve, restore, and protect fish and wildlife habitats, vegetation, and ecological relationships;

Protect sensitive areas of the stream corridor from the potential negative effects of development;

Through voluntary agreements or government incentives, provide protection of natural wetland functions and values;

Recognize wildlife areas conservation habitats within their natural geographic location through coordinated land use planning.

(Ord. No. 620, § 1, 9-21-09)

17.50.501 - Protection approach.

To maintain fish and wildlife habitat there must be adequate environmental conditions for reproduction, foraging, resting, cover, and dispersal of animals.

Factors affecting both habitat and its quality include the presence of essential resources such as food, water, nest building materials, and lack of diseases. The city of Tieton protects fish and wildlife habitat through:

Protection of habitat for aquatic species; and

Protection of habitat for species located near the water.

The city of Tieton's approach to protecting threatened, endangered, and sensitive species habitat is by using the protection approach sections of this chapter.

17.50.502 - Hydrologically related critical area features.

Stream corridors and other hydrologically related critical areas include one (1) or more of the following features:

Any floodway or floodplain identified as a special flood hazard area identified by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance study or corresponding maps, is hereby adopted by reference and declared to be part of this chapter;

Perennial and intermittent streams, excluding ephemeral streams, including the stream main channel and all secondary channels within the ordinary high water mark;

Naturally occurring ponds under twenty (20) acres and associated submerged aquatic beds; and manmade lakes and ponds created within a stream channel;

All wetlands as defined in Section 17.50.299;

Any flood-prone area indicated by U.S. Soil Conservation Service soil survey data; and

A buffer area for a stream channel, lake, or pond or from the edge of a wetland.

(Ord. No. 620, § 1, 9-21-09)

17.50.503 - Habitat and habitats of local importance.

Habitats of local importance are habitats or species that due to their declining population, sensitivity to habitat manipulation or other values make them important on a local level. Habitats of local importance may include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

Species and habitats of local importance may be identified for protection under this chapter. State or local agencies, individuals or organizations may identify and nominate for consideration specific species and habitats, or a general habitat type, including streams, ponds or other features. Proponents shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be processed once a year through the annual comprehensive plan amendment cycle.

The decision for changes to species and habitats of local importance shall consider:

Concern due to population status;

Sensitivity to habitat manipulation;

Importance to the local community; and

Criteria used to identify state priority species, which includes:

State candidate species that are defined by WDFW Policy M-6001 to include fish and wildlife species that WDFW will review for possible listing as state endangered, threatened, or sensitive;

ii.

Vulnerable aggregations, which includes those species or groups of animals susceptible to significant population declines, within a specific area, by virtue of their inclination to aggregate;

iii.

Species of recreational, commercial, and/or tribal importance that are vulnerable; and

iv.

The economic impact both positive and negative to the applicants property or surrounding property. Economic impact are to be determined by a properly qualified individual or firm using industry standards.

Nominated habitats, and habitats for species of local importance shall consider the following, and must include maps to illustrate the proposal:

A seasonal range or habitat element which, if altered, may reduce the likelihood that the species will maintain or reproduce over the long term;

Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors;

Habitat with limited availability or high vulnerability to alteration; and

Whether these habitats are already identified and protected under the provisions of this or other local ordinances or state or federal law.

Habitat management recommendations shall be included for use in the administration of this section.

Development Standards. Projects located within a habitats of local importance, as designated in subsection A above shall meet the standards below, rather than the development standards in Sections 17.50.508—17.50.521, unless review is also needed for a hydrologically related critical area.

Projects shall be designated using management recommendations established for the species or habitat by federal and state agencies, or those adopted for species and habitats of local importance by the city of Tieton. The department shall consider the extent such recommendations are used in its decision on the proposal, and may consider recommendations and advice from agencies with expertise.

(Ord. No. 620, § 1, 9-21-09)

17.50.504 - Functional properties.

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

Stream bank and shore stabilization;

Providing a sufficient shade canopy to maintain water temperatures that supports fish and their habitat;

Moderating the impact of stormwater runoff;

Filtering solids, nutrients and harmful substances;

Surface erosion prevention;

Providing and maintaining migratory corridors for wildlife;

Supporting a diversity of wildlife habitat;

Allowing for the natural occurrence of woody debris and organic matter to collect in the aquatic environment.

Stream channels assist in one or more of the following functional properties:

Groundwater recharge and/or discharge;

Water transport;

Sediment transport and/or storage;

Biochemical functions

Channel migration and the protection of habitats;

Food and habitat.

Lakes, ponds and wetlands generally provide similar functions and generally provide one or more of the following functional properties:

Biogeochemical functions that improve water quality;

Hydrologic functions maintaining the water regime in a watershed (flood flow attenuation, decreasing erosion, and groundwater recharge);

Food and habitat.

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

Floodwater storage;

Floodwater passage and the movement of high velocity waters;

Sediment storage and recruitment;

Food and habitat;

Nutrient sink and/or source;

Groundwater recharge and discharge.

Habitat for wildlife consists of the arrangement of food, water, cover, and space. Wildlife habitat generally includes one or more of the following functional properties:

Reproduction and/or nesting;

Resting and refuge;

Foraging for food;

Dispersal and migration.

Some functions require larger areas, which may not be achievable due to existing development and construction constraints, especially in urban areas. In these instances, adjustments to the minimum standards to accommodate such constraints may be necessary. Where adjustments may be necessary, reductions of standards should be offset by enhancement, restoration, or preservation measures which replace the lost functions or values or strengthen other functional values if replacement is not possible.

(Ord. No. 620, § 1, 9-21-09)

17.50.505 - Streams, lakes and ponds typing system.

For purposes of this chapter, the city of Tieton hereby adopts a stream, lake and pond-typing system, for those features designated as critical areas in Section 17.50.502 as follows:

Type 1 streams 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 Ch. 90.58. Waters associated with Type 1 streams as defined in RCW Ch. 90.58 are not included.

Type 2 streams are those surface water features which require protection due to the nature of their contributions to the functional properties listed in Section 17.50.504 and are considered "streams, lakes and/or ponds of local importance," as listed in Appendix A.

Type 3 streams include all perennial streams within the city of Tieton not classified as Type 1 or 2. (See Section 17.50.275 definition for perennial stream.)

Type 4 streams are all intermittent streams within the City of Tieton not classified as Type 1, 2 or 3. (See Section 17.50.258 definition for intermittent stream.)

Type 5 streams are all ephemeral streams within the City of Tieton not classified as Type 1, 2, 3 or 4. Type 5 streams are not regulated as streams. (See Section 17.50.236 definition for ephemeral stream.)

Lakes and Ponds

Lakes and ponds not designated as a shoreline that receive water from the OHWM of a Type 2, 3, or 4 stream shall have the same surface water type as the highest stream type from which the lake or pond receives water.

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.

Lakes or ponds not designated as a shoreline that are connected to a Type 1 stream shall be Type 1 ponds.

(Ord. No. 620, § 1, 9-21-09)

17.50.506 - Wetland rating system.

Wetlands within the city of Tieton are defined in Section 17.50.299 and are shown on the data maps referenced in Section 17.50.507, maps. The functional properties for wetlands are identified in Sections 17.50.504 and 17.50.603.

For regulatory purposes, wetlands are classified into four categories according to the wetland rating system found in Section 17.50.603(B), wetland functions and rating.

(Ord. No. 620, § 1, 9-21-09)

17.50.507 - 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. The maps do not officially define the extent or characteristics of specific critical areas; rather the potential physical boundaries and characteristics. Maps may be both regulatory and non-regulatory in nature as described below:

Regulatory maps include the following:

Any floodway or floodplain identified as a special flood hazard area by the Federal Emergency Management Agency (FEMA) as identified in the flood insurance studies (FIRM).

Informational maps indicate the approximate presence, location and/or typing of the potential critical area. Informational maps include, but are not limited to the following:

Wetlands;

Streams;

Channel migration zone; and

Species and habitats of local importance. Note: This map will be generated at such a time when the city of Tieton formally adopts a specie or habitat of local importance.

Other non-regulatory information sources include maps or other data sources, but are not limited to:

Comprehensive flood hazard management plans;

Soil survey of the city of Tieton;

Surface geologic maps;

Historic and current aerial photo series; and

Geohydraulic studies — geologic cross sections showing aquifers and confining units.

(Ord. No. 620, § 1, 9-21-09)

17.50.508 - Prohibited uses.

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

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

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

The draining or filling of a wetland, lake or pond, except as provided for in Section 17.50.519;

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

Site runoff storage ponds, holding tanks and ponds, and other similar waste disposal facilities. Note: This provision does not include regional wastewater plant facilities, collection pipes, septic systems approved by a local or state agency, and other related facilities;

Solid waste disposal sites;

Automobile wrecking yards;

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

Uses located within the floodway fringe that are listed in Section 17.50.410; and

Uses located within the floodway that are listed in Section 17.50.412.

(Ord. No. 620, § 1, 9-21-09)

17.50.509 - 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:

The ordinary high water mark of a stream or lake, and the edge of a wetland shall be marked on the ground before any development, construction, or use is initiated.

Existing vegetation and any vegetative species pertinent to the critical area identified on the project site within the stream corridor shall only be disturbed to the minimum extent possible.

Nesting areas and other sensitive habitat identified within a stream corridor shall be disturbed to the minimum extent possible.

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.

Developments that obtain a stormwater permit approved by a local, state or federal agency and transportation projects using the Eastern Washington Stormwater manual are exempt from:

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

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.

Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor shall provide on-site facilities for the detention, control, and filtration if potential increases have been identified to occur.

The discharge point for controlled stormwater runoff shall be designed and constructed to avoid erosion.

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

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.

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 shall be corrected.

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.

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.

Development, construction, or uses within the stream corridor shall not alter or divert flood flows, cause channel shift, erosion, and increase or accelerate the flooding of upstream or downstream flood hazard areas.

Structures placed in close proximity to the outer edge of bends in stream channels shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration.

The Department of Ecology and adjacent communities 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.

Maintenance shall be provided for the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

Development, construction, or uses within the hydrologically related critical area shall be mitigated using mitigation sequencing as outlined in Section 17.50.307, mitigation requirements.

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

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

If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the city of Tieton, the Washington State Office of Archaeology, and Historic Preservation and any affected Indian Nation. Archaeological sites are subject to RCW 27.44 Indian Graves and Records and RCW 27.53 Archaeological Sites and Records. Development or uses that may impact such sites shall comply with WAC 25-48 Archaeological Excavation and Removal Permit.

Projects located within the floodway must meet the requirements of Section 17.50.411, permitted uses.

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 the reclamation found in Section 17.50.521

(Ord. No. 620, § 1, 9-21-09)

17.50.510 - Use classifications.

For purposes of this section, 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 17.50.511—17.50.513:

Water oriented uses are one of the following two categories of uses:

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.

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, sewage treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops.

Non-water-oriented uses include any use not qualifying as uses in subsection A above.

(Ord. No. 620, § 1, 9-21-09)

17.50.511 - Water-dependent uses.

The following provisions shall apply to water-dependent uses:

Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore.

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 17.50.514, vegetative buffers.

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

(Ord. No. 620, § 1, 9-21-09)

17.50.512 - Water-related uses.

The following provisions shall apply to the water-related uses:

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.

Structures and use areas shall not be located within the vegetative buffer specified in Section 17.50.514, vegetative buffers, except where existing development or the requirements associated with the use make such a location unavoidable.

(Ord. No. 620, § 1, 9-21-09)

17.50.513 - Non-water oriented uses.

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

Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in Section 17.50.514, vegetative buffers.

Construction abutting the vegetative buffer specified in Section 17.50.514, vegetative buffers, shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.

(Ord. No. 620, § 1, 9-21-09)

17.50.514 - Vegetative buffers.

The establishment of a vegetative buffer system is necessary to protect the functions and values of certain hydrologically related critical areas. Standard and minimum buffers for streams, lakes, ponds, and wetlands are listed in Tables 5-1 and 5-2.

Vegetative buffers shall be measured from the ordinary high water mark for streams, lakes and ponds, and from the edge of the wetlands. The width of the buffer shall be determined according to the stream or wetland type.

Buffer width may be reduced through an adjustment permit process (Section 17.50.317). However, the administrative official may deny reductions to the standard buffer widths for wetlands that score medium (twenty (20) to twenty-eight (28) points) or high (twenty-nine (29) to thirty-six (36) points) for wetland habitat function, except where it can be shown that a particular wildlife species needs within the buffer can be met with a smaller buffer.

Type 1 streams, lakes, and ponds are protected by the shoreline master program and are not part of this title.

The minimum buffer widths listed in Tables 5-1 and 5-2 are the lowest possible buffer widths allowed by means of the adjustment process. Adjustments below the minimum buffer width must meet additional approval criteria as provided in Section 17.50.317(C)(4) Adjustments.

The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetative community within the buffer zone that is deemed adequate to protect the identified critical area.

If the vegetation is degraded, then re-vegetation may be considered with any adjustment to the buffer width.

Where the use is being intensified, a degraded buffer may be re-vegetated to maintain the standard width.

Table 5-1

***The administrative official may deny reductions to the standard buffer widths for wetlands that score medium (twenty (20) to twenty-eight (28) points) or high (twenty-nine (29) to thirty-six (36) points) for wetland habitat function, except where it can be shown that a particular wildlife species needs within the buffer can be met with a smaller buffer.***

Stream Type	Buffer Width standard/(minimum adjustment)
Type 1 shoreline streams, lakes and ponds	100′
Type 2 streams, lakes and ponds	75′/(25′)
Type 3 streams (Perennial), lakes and ponds	50′/(25′)
Type 4 streams (Intermittent), lakes and ponds	25′/(15′)
Type 5 streams (Ephemeral)	No buffer standards Type 5 streams are not regulated as streams, but may be protected under geologically hazardous area, floodplain, stormwater, construction, grading or other development regulations.

Table 5-2

Type 1 Wetlands (standard/minimum)	Type 2 Wetlands (standard/minimum)	Type 3 Wetlands (standard/minimum)	Type 4 Wetlands (standard/minimum)
200′/100′	150′/75′	100′/50′	50′/25′

(Ord. No. 620, § 1, 9-21-09)

17.50.515 - 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:

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.

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

Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact.

Roadways within the stream corridor shall not hydrologically obstruct, cut-off or isolate stream corridor features, unless it is clearly unavoidable.

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 stream corridor.

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.

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

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

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.

The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion-resistant materials.

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

At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event.

Roads must be designed and constructed using established flood resistant design and construction methods when the road is possibly subject to floodwater damage.

Roads and bridges within floodways must meet the requirements of Section 17.50.411(H) and (C), unless an engineer can demonstrate another appropriate method.

(Ord. No. 620, § 1, 9-21-09)

17.50.516 - Utility transmission lines and facilities.

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

Utility transmission lines shall be permitted within the stream corridor only where it is necessary to cross the corridor or where development, topography, and other conditions preclude locations outside the stream corridor.

Utility transmission lines across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.

The construction of utility transmission lines within a stream corridor shall be designed and located to provide a minimum disruption to the functional properties.

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.

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 or potential channel migration as determined by hydrologic analysis.

Wherever possible, new aboveground installations shall use existing bridges or pole facilities.

Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is reasonably practical.

Transmission support structures shall be located clear of high flood velocities and located in areas of minimum flood depth, which require the least amount of floodproofing.

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

All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of Section 17.50.407 (re: infiltration or discharge into or out of the system).

Utility transmission lines within the floodway fringe shall meet the standards of Section 17.50.409(B).

Utility transmission lines within the floodway shall meet the standards of Section 17.50.411(C).

(Ord. No. 620, § 1, 9-21-09)

17.50.517 - Shore stabilization.

The following provisions shall apply to shore stabilization projects:

Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly threatens existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties.

Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise.

Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property.

The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond 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 17.50.519, filling.

Stabilization projects shall use design, material, and construction alternatives that does not require high or continuous maintenance, and which prevents or minimizes the need for subsequent stabilization of the shore's other segments.

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. While riprap, rock or other natural materials shall be preferred over concrete revetments, bulkheads, breakwaters and other structural stabilization.

Applications to construct or enlarge dikes or levees shall meet the requirements of Section 17.50.411(G).

Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore.

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

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. No. 620, § 1, 9-21-09)

17.50.518 - Dredging and excavation.

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

Dredging in surface waters shall be allowed only where necessary:

Because of existing navigation needs;

Habitat improvement;

Maintenance; and

Construction of water dependant uses.

Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.

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

Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.

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.

Dredging and excavation shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes.

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. No. 620, § 1, 9-21-09)

17.50.519 - Filling.

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

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 17.50.521 or approved compensatory mitigation plan under Section 17.50.604.

Fill for the purpose of increasing elevation may be permitted if it can be accomplished in a manner consistent with this chapter's policies.

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.

Fill in floodplains shall meet the requirements of Article 4, flood hazard areas.

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.

Fill placement shall be scheduled at times having the least impact to fish during spawning, nesting, and other identified natural processes.

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.

Projects that propose fill shall make every effort to acquire fill onsite (compensatory storage) where appropriate.

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

(Ord. No. 620, § 1, 9-21-09)

17.50.520 - Commercial mining of gravels.

The following provisions shall apply to the commercial mining of gravels within a designated hydrologically related critical area:

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

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

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

The description, location, and extent of any proposed subsequent use that would be different than existing uses.

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 except wetlands which shall be mitigated according to guidance in the Washington State Department of Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).

Any surface mining allowed within the floodway shall meet the standards of Section 17.50.411(B).

Except where authorized by city of Tieton in consultation with the state Department of Fish and Wildlife and Department of Ecology, the following shall apply:

The excavation zone for the removal of gravels shall be located a minimum of one hundred (100) feet upland from the ordinary high water mark (OHWM) of the stream channel.

Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred (100) feet of the OHWM.

Gravel washing, rock-crushing, screening, or stockpiling of gravels shall not occur within one hundred (100) feet of the OHWM.

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

(Ord. No. 620, § 1, 9-21-09)

17.50.521 - Reclamation.

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

Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition, which prevents degradation.

Large-scale projects that extend over several months shall be phased to allow reclamation of areas where work or operations have been completed.

Reclamation shall be scheduled to address precipitation, melt water runoff, growing season, and other seasonal variables that influence restoration and recovery.

Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas.

Where existing development and construction prevent 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.

Cut-and-fill slopes shall be stabilized at, or at less than the normal angle of repose for the materials involved.

The replacement or enhancement of vegetation within wetlands and required vegetative buffers shall use naturally occurring, native plant species.

Food and habitat functions, which includes habitat for invertebrates, amphibians, anadromous fish, resident fish, birds, and mammals.

Wetlands shall be rated based on categories that reflect the functions and values of each wetland and shall be based on the criteria provide in the Washington State Wetland Rating System for Eastern Washington, revised August 2004 (Ecology Publication #04-06-15) which are summarized below:

Category I wetlands are more sensitive to disturbance than most wetlands, are relatively undisturbed, and contain ecological attributes that are difficult to replace. Generally, these wetlands are not common and make up a very small percentage of the wetlands within the city of Tieton. The following types of wetlands are classified as Category I:

Wetlands scoring seventy (70) points or more (out of one hundred (100)) in the Eastern Washington Wetland Rating System (EWWRS);

Alkali wetlands;

Natural heritage wetlands (wetlands identified by Washington Department of Natural Resources Natural Heritage Program scientists); and

Bogs.

Category II wetlands are difficult but not impossible to replace and provide high levels of some functions. Category II wetlands include:

Wetlands scoring between fifty-one (51) to sixty-nine (69) points (out of one hundred (100)) in the EWWRS;

Unassociated vernal pools; and

Forested wetlands.

Category III wetlands are often smaller, less diverse and/or more isolated from other natural resources. Category III wetlands include:

Wetlands with a moderate level of functions (scoring between thirty (30) to fifty (50) points) in the EWWRS; and

Associated vernal pools.

Category IV wetlands have the lowest levels of functions, scoring less than thirty (30) points in the EWWRS. Category IV wetlands are often heavily disturbed and are wetlands that should be able to be replaced.

Wetlands shall be rated, as they exist on the day of project application submission. Information regarding the original condition of illegally modified wetlands that can not be discerned from aerial photographs or other reliable information sources shall use the highest appropriate points value within each missing data field of the EWWRS rating sheet to complete the rating.

(Ord. No. 620, § 1, 9-21-09)

17.50.604 - Compensatory mitigation requirements.

Projects that propose compensation for wetland acreage and/or functions are subject to state and federal regulations. Compensatory mitigation for alterations to wetlands shall provide for a no net loss of wetland functions and values, and must be consistent with the mitigation plan requirements of Section 17.50.314(M). The following documents were developed to assist applicants in meeting the above requirements.

Compensatory mitigation plans must be consistent with Guidance on Wetland Mitigation in Washington State Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals or as revised (Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10; Ecology publication number 04-06-013B —
http://www.ecy.wa.gov/programs/sea/bas_wetlands/volume2final.html).

Compensatory mitigation application and ratios for mitigation of wetlands shall be consistent with "Wetlands in Washington State — Volume 2: Guidance for Protecting and Managing Wetlands - Appendix 8-D-Section 8-D3" or as revised (Washington State Department of Ecology. Publication number 05-06-008 — http://www.ecy.wa.gov/programs/sea/bas_wetlands/volume2final.html).

(Ord. No. 620, § 1, 9-21-09)

17.50.605 - Wetland mitigation banks.

Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:

The bank is certified under RCW 90.84 or WAC 173-700;

The administrative official determines that the wetland mitigation bank can provide appropriate compensation for the authorized impacts; and

The proposed use of credits is consistent with the terms and conditions of the bank's certification.

Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank's certification.

Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions.

(Ord. No. 620, § 1, 9-21-09)

17.50.700 - Purpose and intent.

The Growth Management Act (RCW 36.70A) requires local jurisdictions to protect areas with a critical recharging effect on aquifers used for potable water, or areas where drinking aquifers are vulnerable to contamination. These areas are referred to as critical aquifer recharge areas (CARA) in this section.

Potable water is an essential life sustaining element and much of the city of Tieton's drinking water comes from groundwater supplies. Once groundwater is contaminated it can be difficult and costly to clean. In some cases, the quality of groundwater in an aquifer is inextricably linked to its recharge area.

The intent of this section is to:

Preserve, protect, and conserve the city of Tieton's CARA from contamination;

Establish a protection approach that emphasizes the use of existing laws and regulations while minimizing the use of new regulations.

It is not the intent of this chapter to:

Regulate everyday activities (including the use of potentially hazardous substances that are used in accordance with state and federal regulations and label specifications);

Enforce or prevent illegal activities;

Regulate land uses that use or store small volumes of hazardous substances (including in-field agricultural chemical storage facilities, which do not require permits, or are already covered under existing state, federal, or county review processes and have detailed permit review);

Establish additional review for septic systems, which are covered under existing city of Tieton review processes;

Establish additional review for stormwater control, which is covered under existing review processes and has detailed permit review; or

Require review for uses that do not need building permits and/or zoning review.

The above items are deemed to have small risks of CARA contamination or are beyond the development review system's ability to control.

(Ord. No. 620, § 1, 9-21-09)

17.50.701 - Mapping.

Mapping Methodology. The CARA is depicted in the map titled "critical aquifer recharge areas of the city of Tieton" located within the city's 2008 comprehensive plan. The CARA map was developed through a geographic information system (GIS) analysis using the methodology outlined in the Washington Department of Ecology "Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances" (Publication #97-30). The approximate location and extent of critical aquifer recharge areas are depicted on the above-mentioned map, and are to be used solely as a guide for the city. The CARA map estimates areas of moderate, high, and extreme susceptibility of contamination, as well as, wellhead protection areas. In characterizing the hydrogeologic susceptibility of these recharge areas with regard to contamination, the following physical characteristics were utilized:

Depth to ground water;

Soil (texture, permeability, and contaminant attenuation properties);

Geologic material permeability;

Recharge (amount of water applied to the land surface, including precipitation and irrigation).

Wellhead Protection Areas. Wellhead protection areas are required for all Class A public water systems in the state of Washington. The determination of a wellhead protection area is based upon the time of travel of a water particle from its source to the well. Water purveyors collect site-specific information to determine the susceptibility of the water source to surface sources of contamination. Water sources are ranked by the Washington State Department of Health with a high, moderate or low susceptibility to surface contamination. Wellhead protection areas are defined by the boundaries of the ten (10) year time of ground water travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead protection areas shall be considered highly susceptible.

(Ord. No. 620, § 1, 9-21-09)

17.50.702 - Protection approach.

Maps shall be used only as an informational resource to communicate with applicants regarding potential problems in meeting the applicable laws on a particular site. The maps indicate that areas of high susceptibility tend to be located in valley bottoms and follow along floodplain and stream corridors. Extreme susceptibility locations are located largely within floodplains, and along streams and wetlands.

Land uses are subject to many existing, federal, state, local, or tribal laws regarding the handling of substances that may contaminate CARAs. Disclosure, educational information, and coordination of existing laws during existing review processes can accomplish the requirement to protect the CARA. Consequently, the city of Tieton's protection of the CARA shall be accomplished through normal project permit review under various Tieton Municipal Codes, especially the stream protection standards in Article 5, fish and wildlife habitat and the stream corridor system, including Section 17.50.508, prohibited uses, Title 15, buildings and construction code, which provides detailed construction, use, and fire/life-safety standards for the storage and handling of dangerous and hazardous substances to a greater extent than most existing state and federal laws.

The administrative official shall develop and maintain a list of the relevant laws noted above. This list shall be informational, and is intended to be used in coordination with development permit review. This list shall be periodically reviewed and updated so as to provide the most comprehensive list possible to inform project applicants of the requirements of other agencies.

The administrative official shall also develop and maintain a table of land uses with the potential of being subject to the relevant laws noted above. The table shall be generated and maintained using the intent stated in Section 17.50.700(D), purpose and intent.

The building official and water/irrigation manager shall cooperatively develop questionnaires, to be filled out by new development permit applicants, which comprehensively establish the potential use, storage, and handling methods within the project for substances that have the potential to contaminate groundwater. The questionnaires are intended to ensure full application of existing building and construction codes related to such substances in order to forestall new regulations.

The building official and water/irrigation manager shall develop technical assistance and information materials to assist landowners and developers with understanding and meeting relevant existing federal, state, and local laws relating to CARAs.

(Ord. No. 620, § 1, 9-21-09)

Designated Type 2 stream corridors.

The following stream reaches within Yakima County are designated critical areas under the city of Tieton's critical areas ordinance for those reaches located within the city of Tieton.

COWICHE CREEK, NORTH FORK:

Commencing at the north line of SEC36-TWP14N-RGE15E, downstream to its confluence with the South Fork of Cowiche Creek (SEC3-TWP13N-RGE17E).

(Ord. No. 620, § 1, 9-21-09)

Tieton City Zoning Code

CHAPTER 17

50 - CRITICAL AREAS ORDINANCE

17.50.200 - Definitions generally.

(Ord. No. 620, § 1, 9-21-09)

17.50.201 - Abutting.

"Abutting" means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point.

(Ord. No. 620, § 1, 9-21-09)

17.50.202 - Adjacent.

"Adjacent" means to be nearby and not necessarily abutting.

(Ord. No. 620, § 1, 9-21-09)

17.50.203 - Administrative official.

"Administrative official" means the duly appointed city clerk or his/her duly authorized agent.

(Ord. No. 620, § 1, 9-21-09)

17.50.204 - Alluvial fan.

(Ord. No. 620, § 1, 9-21-09)

17.50.204-1 - Alteration of watercourse.

"Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

(Ord. No. 771, § 2, 10-12-21)

17.50.204-2 - Appeal.

"Appeal" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance.

(Ord. No. 771, § 2, 10-12-21)

17.50.205 - Applicant.

"Applicant" means a person, party, firm, corporation, or other legal entity that proposes development, construction, or use on a parcel of property.

(Ord. No. 620, § 1, 9-21-09)

17.50.206 - Aquifer.

"Aquifer" means a saturated geologic formation, which will yield a sufficient quantity of water to serve as a private or public water supply.

(Ord. No. 620, § 1, 9-21-09)

17.50.206-1 - Area of shallow flooding.

(Ord. No. 771, § 2, 10-12-21)

17.50.206-2 - Area of special flood hazard.

(Ord. No. 771, § 2, 10-12-21)

17.50.206-3 - ASCE 24.

"ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

(Ord. No. 771, § 2, 10-12-21)

17.50.207 - Bank.

"Bank" means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bank full depth.

(Ord. No. 620, § 1, 9-21-09)

17.50.208 - Bankfull depth.

(Ord. No. 620, § 1, 9-21-09)

17.50.232 - Dock.

"Dock" means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.

(Ord. No. 620, § 1, 9-21-09)

17.50.233 - Dredging.

(Ord. No. 620, § 1, 9-21-09)

17.50.234 - Earth material.

"Earth material" means any rock, natural soil, organic material or combination thereof.

17.50.237-1 - Essential facility.

"Essential facility" this term has the same meaning as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.

The unusual and rapid accumulation of runoff of surface waters from any source.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.240-1 - Flood elevation study.

(Ord. No. 771, § 2, 10-12-21)

17.50.241 - Flood hazard permit.

"Flood hazard permit" means written approval applied for and obtained in accordance with such rules and regulations as are established under this chapter.

(Ord. No. 620, § 1, 9-21-09)

17.50.242 - Flood insurance rate map.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.243 - Flood insurance study.

(Ord. No. 620, § 1, 9-21-09)

17.50.244 - Floodplain or flood-prone area.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flood" or "flooding."

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.245 - Floodplain administrator.

"Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

"Historic structure" means any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior, or

Directly by the Secretary of the Interior in states without approved programs.

(Ord. No. 771, § 2, 10-12-21)

17.50.256 - Hydrologically related critical areas (HRCA).

(Ord. No. 620, § 1, 9-21-09)

17.50.257 - Hyporheic.

"Hyporheic" means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction.

(Ord. No. 620, § 1, 9-21-09)

17.50.258 - Intermittent streams.

This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water.

(Ord. No. 620, § 1, 9-21-09)

17.50.259 - Lake or pond.

"Lake or pond" means an inland body of standing water. The term can include the reservoir or expanded part of a river behind a dam.

(Ord. No. 620, § 1, 9-21-09)

17.50.260 - Lowest floor.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.261 - Manufactured home.

(Ord. No. 620, § 1, 9-21-09)

17.50.262 - Manufactured home park or subdivision.

17.50.273 - Normal repair.

(Ord. No. 620, § 1, 9-21-09)

17.50.273-1 - One-hundred-year flood or 100-year flood.

"Recreation vehicle" means a vehicle which is:

Built on a single chassis;

Four hundred (400) square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily for temporary living quarters used during recreational, camping, travel, or seasonal conditions.

(Ord. No. 620, § 1, 9-21-09)

"Shoreline," as used in this chapter, means those water areas, the associated features, and the land areas that are subject to the State Shoreline Management Act, as defined in RCW 90.58.030.

17.50.286 - Shore stabilization.

(Ord. No. 620, § 1, 9-21-09)

17.50.287 - Single-family dwelling.

"Single-family residence" means a detached dwelling designed for and occupied by one family, including those structures and developments, which are a normal appurtenance.

(Ord. No. 620, § 1, 9-21-09)

17.50.288 - Slope.

"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

17.50.294 - Structure.

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.294-1 - Substantial damage.

(Ord. No. 771, § 2, 10-12-21)

17.50.295 - Substantial improvement.

The term does not, however, include either:

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

(Ord. No. 620, § 1, 9-21-09; Ord. No. 771, § 2, 10-12-21)

17.50.100 - Chapter and authority.

(Ord. No. 620, § 1, 9-21-09)

17.50.110 - Language interpretation.

"Shall" is mandatory;

"May" is discretionary and does not impose a requirement;